Amendment 12 Workgroup

Amendment 12 "Lobbying and Abuse of Office by Public Officials," amended Article II, sec 8(h)(2) of the Florida Constitution prohibiting public officers and/or public employees from abusing their public positions to obtain a "disproportionate benefit" for themselves, spouses, children, or employers, or any businesses with which they contract or serve as officers, partners, directors, or proprietors, or in which they own interest. 

 

The amendment requires the Florida Commission on Ethics, through the statutory procedures governing rule-making, to define the term "disproportionate benefit" and to prescribe the requisite intent for finding a violation of the prohibition.  Rule Development Workshops are scheduled for January 17, 2019; February 8, 2019; and, March 15, 2019.  The schedule to the amendment requires that the Commission on Ethics adopt the rule by October 1, 2019.

 

The Legislature is also required to establish penalties for violations to take effect December 31, 2020, currently with the effective date of the amendments to Article II, sec. 8(h).  FACA President, Richard Wesch, has appointed the FACA Board of Directors to act as a working group to review the nuanced legal issues raised by the amendment.

 

FACA Board of Directors

Mark Lapp, President, Hendry County

Alison Rogers, Vice President, Escambia County

Janette Knowlton, Secretary, Charlotte County

Jeff Steinsnyder, Treasurer, Pasco County

Richard Wesch, Immediate Past-President, Lee County

Patrick McCormack, St. Johns County

Anne Brown, Levy County

Bryant Applegate, Seminole County

Andrew Mai, Osceola County

Jeff Klatzkow, Collier County

Herb Thiele, Leon County

Garth Coller, Hernando County

Matthew "Guy" Minter, Marion County

Al Hadeed, Flagler County

Jewel White, Pinellas County

Dan McIntyre, St. Lucie County

Denise Marie Nieman, Palm Beach County

Thomas "Mike" Shuler, Franklin County

Melanie Marsh, Lake County

Bob Shillinger, Monroe County

Christine Beck, Hillsborough County

 

 

Work Product or Other Documents

Amendment Language

 

Commission on Ethics Rulemaking Process 

Notice of Development of Rulemaking

Rule Development Workshop, February 8, 2019

Agenda for June 7, 2019 Public Session Meeting

DRAFT Definition Language

June 7, 2019 COE Workshop Rulemaking Materials 

July 26, 2019 COE Workshop Meeting Agenda and Meeting Materials

Approved Language for Rule 34-18-001