WHEREAS, it is in the best interest of the People of the State of Florida to assure that the State's elected and appointed officials and those employed by the state abide by the highest standards of behavior and avoid any type of official misconduct, and

WHEREAS, the Florida Department of Law Enforcement has recommended that the Governor appoint a broad-based Commission to review and consider the reform and enhancement of Florida's present approach to handling criminal and non-criminal official misconduct and public corruption, and

WHEREAS, any actions to improve Florida's response to official misconduct should include a review of Florida's and other states' and Federal current statutes and laws concerning public corruption, violation of ethical standards, conflict of interest, malfeasance, misfeasance, and nonfeasance in office, bribery, and other forms of official misconduct, to determine whether Florida's statutes can be improved or enhanced, and

WHEREAS, any actions to improve Florida's response to official misconduct should include a review of the duties and powers of the Governor, the Chief Inspector General, the Statewide Prosecutor, the State Attorneys, the Ethics Commission, the Comptroller, and the Department of Law Enforcement to determine what, if any, improvements in coordination for the investigation and prosecution or discipline of persons who commit public corruption offenses could be made, and

WHEREAS, changes that may be determined will most likely require legislation to revise or enact provisions related the Florida's response to official misconduct or public corruption;

NOW, THEREFORE, I, Jeb Bush, as Governor of the State of Florida, by virtue of the authority vested in me by the Constitution and laws of the State of Florida, do hereby authorize, order, and direct that a Public Corruption Study Commission be created, with membership, term of service, compensation, staff, and scope of inquiry, as follows:

(1) The Commission shall consist of the Attorney General or designate, the Chief Inspector General or designate, the Comptroller or designate, the Executive Director of the Department of Law Enforcement or designate, the General Counsel or designate, the President of the Florida Prosecuting Attorneys Association or designate, the Statewide Prosecutor or designate, the Chairman of the Ethics Commission or designate, the President of the Senate or designate, the Speaker of the House or designate, and five members appointed by the Governor. The Governor shall select the chairperson.

(2) The Commission shall begin its meetings in September, 1999, and shall report its findings and recommendations to the Governor, the President of the Senate and the Speaker of the House by no later than December 15, 1999. Upon issuance of its final report, the Commission shall be dissolved. The Department of Law Enforcement is requested to provide sufficient staff and support to assist the Commission.

(3) The Commission must consider and make recommendations related to statutory revisions on the issue of public corruption and official misconduct in Florida. Matters considered shall include, but are not necessarily limited to:

(a) A review of current statutes and laws regarding public corruption and ethics violations to assure concerns are timely reported, investigated, and prosecuted in the appropriate forum;

(b) Whether there should be a closer linkage between the state and local entities responsible for investigating, prosecuting, or enforcing laws and regulations involving ethics or public corruption to assure that all allegations of official misconduct are appropriately reviewed, investigated and addressed;

(c) Whether a constitutionally-sound prohibition against misfeasance and malfeasance can be drafted and submitted for legislative consideration as an amendment to existing F.S. 839.25;

(d) Whether there should be an expansion of criminal prohibitions to include (but not limited to) entering into a contractual or other business relationship between a public official's own agency and another entity owned or operated by a relative of the public official and by which a financial gain or benefit inures to that official;

(e) A review of the methods of suspending or removing public officials, including the present powers of the Governor, to determine whether enhanced executive or other suspension/removal options should be implemented;

(f) Whether an expansion of non-criminal sanctions and options could better address corruption that for whatever reason cannot be proven in criminal court;

(g) How best to investigate and prosecute allegations of official misconduct and public corruption and what entities should be responsible for carrying out these duties, including considering whether the Ethics Commission should have the authority to investigate such allegations; and

(h) How the State may better establish a means by which reports of suspected public corruption may be made and evaluated, including whether rewards or other incentives for those who provide information leading to conviction should be offered.

(4) The Commission shall receive no compensation, but shall be entitled to per diem and travel expenses while attending meetings of the Commission, to the extent allowed by Section 112.061, Florida Statutes, and to the extent such funds are available through the Florida Department of Law Enforcement. The Commission shall be staffed through the Florida Department of Law Enforcement.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, the Capitol, this 15th day of September, 1999.

Jeb Bush
Governor

ATTEST:
/s/ Katherine Harris
Secretary of State