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
Work Product or Other Documents
Commission on Ethics Rulemaking Process