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Florida Amendment 1, Ethic Requirements and Procedures of Public Officials and Candidates Initiative (1976)

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Florida Amendment 1

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Election date

November 2, 1976

Topic
Ethics rules and commissions
Status

ApprovedApproved

Type
Initiated constitutional amendment
Origin

Citizens



Florida Amendment 1 was on the ballot as an initiated constitutional amendment in Florida on November 2, 1976. It was approved.

A “yes” vote supported establishing ethics requirements and procedures for public officials and candidates.

A “no” vote opposed establishing ethics requirements and procedures for public officials and candidates.


Election results

Florida Amendment 1

Result Votes Percentage

Approved Yes

1,765,626 79.26%
No 461,940 20.74%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Amendment 1 was as follows:

Proposing an amendment to the State Constitution relating to Ethics in Government; providing that a public office is a public trust; requiring certain public officials and candidates to file full and public disclosure of financial inter ests and campaign finances; providing that public officers and employees who breach the public trust for private gain shall be liable to the state for benefits obtained; providing that public officers and employees convicted of a felony involving breach o f trust shall be subject to forfeiture of pension; prohibiting certain past and present public officers from representing clients for compensation before certain public agencies; providing for an independent commission to investigate and report on complai nts; providing for a schedule of filing dates and information.

Full Text

The full text of this measure is available here.


Constitutional changes

PUBLIC DISCLOSURE INITIATIVE ARTICLE II, SECTION 8

Section 8. Ethics in Government. A public office is a public trust. The people shall have the right to secure and sustain that trust against abuse. To assure this right:

(a) All elected constitutional officers and candidates for such offices and, as may be determined by law, other public officers, candidates, and employees shall file full and public disclosure of their financial interests.

(b) All elected public officers and candidates for such offices shall file full and public disclosure of their campaign finances.

(c) Any public officer or employee who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the state for all financial benefits obtained by such actions. The manner of recovery and additional damages may be provided by law.

(d) Any public officer or employee who is convicted of a felony involving a breach of public trust shall be subject to forfeiture of rights and privileges under a public retirement system or pension plan in such manner as may be provided by law.

(e) No member of the legislature or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or member for a period of two years following vacation of office. No member of the legislature shall personally represent another person or entity for compensation during term of office before any state agency other than judicial tribunals. Similar restrictions on other public officers and employees may be established by law.

(f) There shall be an independent commission to conduct investigations and make public reports on all complaints concerning breach of public trust by public officers or employees not within the jurisdiction of the judicial qualification s commission.

(g) This section shall not be construed to limit disclosures and prohibitions which may be established by law to preserve the public trust and avoid conflicts between public duties and private interests.

(h) Schedule. On the effective date of this amendment and until changed by law:

(1) Full and public disclosure of financial interests shall mean filing with the secretary of state by July 1 of each year a sworn statement showing net worth and identifying each asset and liability in excess of $1,000 and its value together with one of the following:

a. A copy of the person’s most recent federal income tax return; or

b. A sworn statement which identifies each separate source and amount of income which exceeds $1,000. The forms for such source disclosure and the rules under which they are to be filed shall be prescribed by the independent commission established in subsection (f), and such rules shall include disclosure of secondary sources of income.

(2) Persons holding statewide elective offices shall also file disclosure of their financial interests pursuant to subsection (h)(1).

(3) The independent commission provided for in subsection (f) shall mean the Florida Commission on Ethics.

Path to the ballot

See also: Signature requirements for ballot measures in Florida

The ballot measure was an initiated constitutional amendment. Proponents collected signatures to place the initiative on the ballot.

See also


External links

Footnotes