1. THE [ETHICS] FORCE AWAKENS
Presented by: Kerrie Stillman
Florida Commission on Ethics
January 2017

2. And May The [Ethics] Force Be With You!
Long ago in a galaxy not so far away, the public trust was under attack. The citizens of the Great State of Florida overwhelmingly approved the Sunshine Amendment, which, among other things, required a state code of ethics, required all elected constitutional officers to file a full and public disclosure of their financial interests, and provided for an independent commission to conduct investigations and make public reports on complaints concerning breach of public trust by public officers and employees.
In 2013, the legislature passed an annual training requirement which is why we find ourselves together again. For two hours. Each year. Whether you think you need it or not. So sit back and tune in to this intergalactic guide to the state’s ethics laws. Light sabers are encouraged.
And May The [Ethics] Force Be With You!

3. “In a dark place we find ourselves, and a little more knowledge lights our way.”
-Yoda

4. “And don’t forget, she’s a politician, and they’re not to be trusted
“And don’t forget, she’s a politician, and they’re not to be trusted.” – Obi-Wan Kenobi
Conflict of interest:
A situation in which regard for a private interest tends to lead to a disregard of a public duty or interest

5. “We have powerful friends. You’re going to regret this
“We have powerful friends. You’re going to regret this.” - Princess Leia
Misuse of office will eventually catch up with you
Corrupt, intentional act/omission that is inconsistent with the proper performance of your public duties.
Undertaken to provide a benefit, privilege or exemption for yourself or someone else.

6. “I am your Father!” – Darth Vader
You may not employ, appoint, promote, advance, or advocate for those things for your son, or any other relative as defined in the statute
Relatives include members of your immediate family and the definition extends to certain in-laws, stepchildren, half siblings, uncles/aunts, nieces/nephews, and first cousins

7. Solicitation & Acceptance Unauthorized Compensation
“No reward is worth this” – Hans Solo
Solicitation & Acceptance
Unauthorized Compensation
Public officer
Employee
Local gov’t attorney
Candidate
Things of value
Based on understanding
Public officer
Employee
Local gov’t attorney
Spouse & minor child
Knowledge
Reasonable Care
Given To Influence

8. “We seem to be made to suffer. It’s our lot in life.” – C-3PO
Form 6: due July 1st
$25/day after September 1st
Published on our website, as required by law
READ DIRECTIONS – call us with questions
Don’t send us your account numbers, your SSN, or your PIN
Mistake? Use Form 6X to amend
Form 6F due with 60 days of your last day in office

9. Don’t underestimate The Force! – Darth Vader
Failure to file annual disclosure
Commission-initiated investigation to determine if the failure was willful
Willful failure to file = removal from office

10. “You needn’t worry about your reward
“You needn’t worry about your reward. If money is all that you love, then that’s what you’ll receive.” - Princess Leia
A gift is ANYTHING you receive for which you do not provide equal or greater consideration within 90 days:
Tickets, transportation, food, beverage, preferential rate, use of real property, tangible or intangible personal property, forgiveness of indebtedness….AND MORE! [See (12)(A), F.S.]

11. “You don’t have to do this to impress me.” - Princess Leia
PROHIBITED
Gifts solicited from a lobbyist or vendor of your office, or a political committee, that are for your benefit, the benefit of your immediate family, or the benefit of another reporting individual
Gifts valued at more than $100, if they were given by a lobbyist or vendor
Gifts from political committees prohibited under Section , F.S.
And don’t forget the quid pro quo kinds of things we just discussed

12. “All too easy.” – Darth Vader
Reportable Gifts
Form 9: Gifts valued at more than $100 from those who ARE NOT your relatives, lobbyists or vendors, etc.
Filed quarterly – no later than the end of the calendar quarter following the calendar quarter in which the gift was received
Gift received in December 2016 (4th quarter) is reported no later than the end of March 2017 (1st quarter)
File only when you’ve received a reportable gift
Form 30: Gifts valued between $25 and $100
Filed quarterly (see above) by the vendor or lobbyist – supposed to notify you when they give you a reportable gift

13. “Uuuuuuuuuur Ahhhhhrrrrr Uhrrr Aaaargh…” – Chewbacca
Tickets – face value or on a daily or per event basis – whichever is GREATER
Food & beverage – valued as a single sitting, less taxes & gratuities
If it’s at an “event,” valuation can be different
Lodging on consecutive days is a single gift, valued at $44 per night
Private plane is valued as an unrestricted coach fare

14. “Decide you must, how to serve them best.” - Yoda
Certain private business relationships are prohibited by statute. That means, if a prohibited business relationship exists you must end that contract/relationship or leave your public position, unless your situation meets an exemption in Section (12), F.S.

15. “Do. Or do not. There is no try.” - Yoda
You cannot directly or indirectly buy, rent, or lease any realty, goods, or services for your office from any business where you, your spouse, or child is an officer, partner, director, proprietor, or where you or your family holds a material interest (5%).
In your private capacity, you may not rent, lease or sell realty, goods, or services to your office OR to any agency in your political subdivision.

16. “Power corrupts, and when you’re in charge, you start doing things that you think are right, but they’re actually not.” – George Lucas
You cannot have a contractual relationship or employment with any entity or agency that is subject to the regulation of doing business with your office

17. “Do not choke on your aspirations.” – Darth Vader
Employment or contractual relationships that will create a continuing or frequently recurring conflict between your private interests and the performance of your public duties OR that impedes the full and faithful discharge of your public duties are prohibited
The more related your private business pursuits are to your public duties, the more likely you are to have an impediment to public duty that is prohibited by law
Preventative…. “temptation to dishonor”

18. “Already know you, that which you need.” - Yoda
While in office, you are restricted from accepting public employment opportunities, unless they meet certain conditions.
After you leave office, there is a two year restriction on you representing clients for compensation before your former office.
“Train yourself to let go of everything you fear to lose.” - Yoda

19. “I am a Jedi. I’m one with the Force, and the Force will guide me
“I am a Jedi. I’m one with the Force, and the Force will guide me.” - Ganodi
You may seek an ethics opinion about your own conduct or the conduct of an employee of your office.
Formal opinions adopted by the Commission are legally binding
Informal opinions are handled by staff
Formal and informal opinions are public record
Can call and bounce situations off of staff

20. “Never tell me the odds.” – Han Solo
Odds are that if you spend very much time in office, a complaint will be filed against you.
Complaints/referrals are confidential and exempt from public records
You are provided a copy of the complaint
Opportunities to meet with investigator and appear before the Commission to state your case
Ultimately becomes public record

21. “Fear is the path to the Dark Side
“Fear is the path to the Dark Side. Fear leads to anger, anger leads to hate, hate leads to suffering.” – Yoda

22. “Once you start down the dark path, forever will it dominate your destiny.” – Yoda

23. “The Force will be with you. Always.” – Obi-Wan Kenobi
Ethics training page
Financial disclosure forms
Meeting agendas & press releases
Searchable database of formal opinions & final orders