Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 7040
       
       
       
       
       
       
                                Ì185834<Î185834                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/12/2019           .                                
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       The Committee on Appropriations (Baxley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 112.31446, Florida Statutes, is created
    6  to read:
    7         112.31446Electronic filing system for financial
    8  disclosure.—
    9         (1)As used in this section, the term:
   10         (a)“Disclosure of financial interests” or “disclosure”
   11  includes a full and public disclosure of financial interests and
   12  a final full and public disclosure of financial interests, and
   13  any amendments thereto.
   14         (b)“Electronic filing system” means an Internet-based
   15  system for receiving, reporting, and publishing disclosures of
   16  financial interests, statements of financial interests, or any
   17  other form that is required under s. 112.3144 or s. 112.3145.
   18         (c)“Statement of financial interests” or “statement”
   19  includes a statement of financial interests and a final
   20  statement of financial interests, and any amendments thereto.
   21         (2)By January 1, 2022, the commission shall procure and
   22  test an electronic filing system. At a minimum, the electronic
   23  filing system must:
   24         (a)Provide access through the Internet for the completion
   25  and submission of disclosures of financial interests, statements
   26  of financial interests, or any other form that is required under
   27  s. 112.3144 or s. 112.3145.
   28         (b)Make filings available in a searchable format that is
   29  accessible by an individual using standard Internet-browsing
   30  software.
   31         (c)Issue a verification or receipt that the commission has
   32  received the submitted disclosure or statement.
   33         (d)Provide security that prevents unauthorized access to
   34  the electronic filing system’s functions or data.
   35         (e)Provide a method for an attorney or a certified public
   36  accountant licensed in this state to complete the disclosure or
   37  statement and certify that he or she prepared the disclosure or
   38  statement in accordance with s. 112.3144 or s. 112.3145 and the
   39  instructions for completing the disclosure or statement, and
   40  that, upon his or her reasonable knowledge and belief, the
   41  information on the disclosure or statement is true and correct.
   42         (3)Each unit of government shall provide an e-mail address
   43  to any of its officers, members, or employees who must file a
   44  disclosure of financial interests or a statement of financial
   45  interests, and provide such e-mail addresses to the commission
   46  by February 1 of each year. A person required to file a
   47  disclosure of financial interests or statement of financial
   48  interests must inform the commission immediately of any change
   49  in his or her e-mail address.
   50         (4)The commission shall provide each person required to
   51  file a disclosure of financial interests or statement of
   52  financial interests a secure log-in to the electronic filing
   53  system. Such person is responsible for protecting his or her
   54  secure log-in credentials from disclosure and is responsible for
   55  all filings submitted to the commission with such credentials,
   56  unless the person has notified the commission that his or her
   57  credentials have been compromised.
   58         (5)If the electronic filing system is inoperable and
   59  prevents timely submission of disclosures of financial interests
   60  or statements of financial interests, as determined by the
   61  commission chair, or if the Governor has declared a state of
   62  emergency and a person required to submit a disclosure or
   63  statement resides in an area included in the state of emergency
   64  and is prevented from submitting the disclosure or statement
   65  electronically, the commission chair must extend the filing
   66  deadline for submission by such persons of disclosures or
   67  statements by either the same period of time for which the
   68  system was deemed inoperable or by 90 days for persons who
   69  reside in an area included in a state of emergency, whichever is
   70  applicable.
   71         Section 2. Effective January 1, 2020, subsection (10) of
   72  section 112.312, Florida Statutes, is amended to read:
   73         112.312 Definitions.—As used in this part and for purposes
   74  of the provisions of s. 8, Art. II of the State Constitution,
   75  unless the context otherwise requires:
   76         (10) “Disclosure period” means the calendar taxable year,
   77  if disclosure is required for the entire year, or the portion of
   78  a calendar year ending with the last day of the period for which
   79  disclosure is required for the person or business entity,
   80  whether based on a calendar or fiscal year, immediately
   81  preceding the date on which, or the last day of the period
   82  during which, the financial disclosure statement required by
   83  this part is required to be filed.
   84         Section 3. Section 112.3144, Florida Statutes, is amended
   85  to read:
   86         112.3144 Full and public disclosure of financial
   87  interests.—
   88         (1) An officer who is required by s. 8, Art. II of the
   89  State Constitution to file a full and public disclosure of his
   90  or her financial interests for any calendar or fiscal year, or
   91  any other person required by law to file a disclosure under this
   92  section, shall file that disclosure with the Florida Commission
   93  on Ethics. Additionally, beginning January 1, 2015, an officer
   94  who is required to complete annual ethics training pursuant to
   95  s. 112.3142 must certify on his or her full and public
   96  disclosure of financial interests that he or she has completed
   97  the required training.
   98         (2) Beginning January 1, 2022, all disclosures filed with
   99  the commission must be filed electronically through an
  100  electronic filing system created and maintained by the
  101  commission as provided in s. 112.31446.
  102         (3) A person who is required, pursuant to s. 8, Art. II of
  103  the State Constitution, to file a full and public disclosure of
  104  financial interests and who has filed a full and public
  105  disclosure of financial interests for any calendar or fiscal
  106  year shall not be required to file a statement of financial
  107  interests pursuant to s. 112.3145(2) and (3) for the same year
  108  or for any part thereof notwithstanding any requirement of this
  109  part. Until the electronic filing system required by subsection
  110  (2) is implemented, if an incumbent in an elective office has
  111  filed the full and public disclosure of financial interests to
  112  qualify for election to the same office or if a candidate for
  113  office holds another office subject to the annual filing
  114  requirement, the qualifying officer shall forward an electronic
  115  copy of the full and public disclosure of financial interests to
  116  the commission no later than July 1. The electronic copy of the
  117  full and public disclosure of financial interests satisfies the
  118  annual disclosure requirement of this section. A candidate who
  119  does not qualify until after the annual full and public
  120  disclosure of financial interests has been filed pursuant to
  121  this section shall file a copy of his or her disclosure with the
  122  officer before whom he or she qualifies.
  123         (4)Beginning January 1, 2022, an incumbent in an elective
  124  office or a candidate holding another position subject to an
  125  annual filing requirement may submit either a copy of the full
  126  and public disclosure of financial interests filed with the
  127  commission, or a verification or receipt of the filing, with the
  128  officer before whom he or she qualifies. A candidate not subject
  129  to an annual filing requirement does not file with the
  130  commission, but may complete and print a full and public
  131  disclosure of financial interests to file with the officer
  132  before whom he or she qualifies.
  133         (5)(3) For purposes of full and public disclosure under s.
  134  8(a), Art. II of the State Constitution, the following items, if
  135  not held for investment purposes and if valued at over $1,000 in
  136  the aggregate, may be reported in a lump sum and identified as
  137  “household goods and personal effects”:
  138         (a) Jewelry;
  139         (b) Collections of stamps, guns, and numismatic properties;
  140         (c) Art objects;
  141         (d) Household equipment and furnishings;
  142         (e) Clothing;
  143         (f) Other household items; and
  144         (g) Vehicles for personal use.
  145         (6)(a)(4)(a) With respect to reporting, on forms prescribed
  146  under this section, assets valued in excess of $1,000 which the
  147  reporting individual holds jointly with another person, the
  148  amount reported shall be based on the reporting individual’s
  149  legal percentage of ownership in the property. However, assets
  150  that are held jointly, with right of survivorship, must be
  151  reported at 100 percent of the value of the asset. For purposes
  152  of this subsection, a reporting individual is deemed to own a
  153  percentage of a partnership which is equal to the reporting
  154  individual’s interest in the capital or equity of the
  155  partnership.
  156         (b)1. With respect to reporting liabilities valued in
  157  excess of $1,000 on forms prescribed under this section for
  158  which the reporting individual is jointly and severally liable,
  159  the amount reported shall be based on the reporting individual’s
  160  percentage of liability rather than the total amount of the
  161  liability. However, liability for a debt that is secured by
  162  property owned by the reporting individual but that is held
  163  jointly, with right of survivorship, must be reported at 100
  164  percent of the total amount owed.
  165         2. A separate section of the form shall be created to
  166  provide for the reporting of the amounts of joint and several
  167  liability of the reporting individual not otherwise reported in
  168  subparagraph 1.
  169         (c)Each separate source and amount of income which exceeds
  170  $1,000 must be identified. Beginning January 1, 2022, a federal
  171  income tax return may not be used for purposes of reporting
  172  income, and the commission may not accept a federal income tax
  173  return or a copy thereof.
  174         (7)(a)Beginning January 1, 2022, a filer may not include
  175  in a filing to the commission a federal income tax return, or a
  176  copy thereof; a social security number; a bank, mortgage, or
  177  brokerage account number; a debit, charge, or credit card
  178  number; a personal identification number; or a taxpayer
  179  identification number. If a filer includes such information in
  180  his or her filing, the information may be made available as part
  181  of the official records of the commission available for public
  182  inspection and copying unless redaction is requested by the
  183  filer. The commission is not liable for the release of social
  184  security numbers or bank account, debit, charge, or credit card
  185  numbers included in a filing to the commission if the filer has
  186  not requested redaction of the information.
  187         (b)The commission shall redact a filer’s social security
  188  number; bank account number; debit, charge, or credit card
  189  number; or any other personal or account information that is
  190  legally protected from disclosure under state or federal law
  191  upon written notification from the filer of its inadvertent
  192  inclusion. Such notice must specify the information
  193  inadvertently included and the specific section or sections of
  194  the disclosure in which it was included.
  195         (c)The commission must conspicuously post a notice, in
  196  substantially the following form, in the instructions for the
  197  electronic filing system specifying that:
  198         1.Any filer submitting information through the electronic
  199  filing system may not include a federal income tax return, or a
  200  copy thereof; a social security number; a bank, mortgage, or
  201  brokerage account number; a debit, charge, or credit card
  202  number; a personal identification number; or a taxpayer
  203  identification number in any filing unless required by law.
  204         2.Information submitted through the electronic filing
  205  system may be open to public inspection and copying.
  206         3.Any filer has a right to request the commission to
  207  redact from his or her filing any social security number; bank
  208  account number; or debit, charge, or credit card number
  209  contained in the filing. Such request must be made in writing
  210  and delivered to the commission. The request must specify the
  211  information to be redacted and the specific section or sections
  212  of the disclosure in which it was included.
  213         (8)(5) Forms or fields of information for compliance with
  214  the full and public disclosure requirements of s. 8, Art. II of
  215  the State Constitution shall be prescribed created by the
  216  commission on Ethics. The commission shall give notice of
  217  disclosure deadlines and delinquencies and distribute forms in
  218  the following manner:
  219         (a) Not later than May 1 of each year, the commission shall
  220  prepare a current list of the names, e-mail addresses, and
  221  physical addresses of and the offices held by every person
  222  required to file full and public disclosure annually by s. 8,
  223  Art. II of the State Constitution, or other state law. In
  224  compiling the list, the commission shall be assisted by Each
  225  unit of government shall assist the commission in compiling the
  226  list by in providing to the commission not later than February 1
  227  of each year at the request of the commission the name, e-mail
  228  address, physical address, and name of the office held by such
  229  person each public official within the respective unit of
  230  government as of December 31 of the preceding year.
  231         (b) Not later than June 1 30 days before July 1 of each
  232  year, the commission shall distribute mail a copy of the form
  233  prescribed for compliance with full and public disclosure and a
  234  notice of the filing deadline to each person on the mailing
  235  list. Beginning January 1, 2022, no paper forms will be
  236  provided. The notice required under this paragraph and
  237  instructions for electronic submission must be delivered by e
  238  mail.
  239         (c) Not later than August 1 30 days after July 1 of each
  240  year, the commission shall determine which persons on the
  241  mailing list have failed to file full and public disclosure and
  242  shall send delinquency notices by certified mail to such
  243  persons. Each notice must shall state that a grace period is in
  244  effect until September 1 of the current year. Beginning January
  245  1, 2022, the notice required under this paragraph must be
  246  delivered by e-mail and must be redelivered on a weekly basis so
  247  long as a person remains delinquent.
  248         (d) Disclosures Statements must be received by the
  249  commission filed not later than 5 p.m. of the due date. However,
  250  any disclosure statement that is postmarked by the United States
  251  Postal Service by midnight of the due date is deemed to have
  252  been filed in a timely manner, and a certificate of mailing
  253  obtained from and dated by the United States Postal Service at
  254  the time of the mailing, or a receipt from an established
  255  courier company which bears a date on or before the due date,
  256  constitutes proof of mailing in a timely manner. Beginning
  257  January 1, 2022, upon request of the filer, the commission must
  258  provide verification to the filer that the commission has
  259  received the filed disclosure.
  260         (e) Beginning January 1, 2022, a written declaration, as
  261  provided for under s. 92.525(2), accompanied by an electronic
  262  signature satisfies the requirement that the disclosure be
  263  sworn.
  264         (f) Any person who is required to file full and public
  265  disclosure of financial interests and whose name is on the
  266  commission’s mailing list, and to whom notice has been sent, but
  267  who fails to timely file is assessed a fine of $25 per day for
  268  each day late up to a maximum of $1,500; however, this $1,500
  269  limitation on automatic fines does not limit the civil penalty
  270  that may be imposed if the statement is filed more than 60 days
  271  after the deadline and a complaint is filed, as provided in s.
  272  112.324. The commission must provide by rule the grounds for
  273  waiving the fine and the procedures by which each person whose
  274  name is on the mailing list and who is determined to have not
  275  filed in a timely manner will be notified of assessed fines and
  276  may appeal. The rule must provide for and make specific the
  277  following:
  278         1. The amount of the fine due is based upon the earliest of
  279  the following:
  280         a. When a statement is actually received by the office.
  281         b. When the statement is postmarked.
  282         c. When the certificate of mailing is dated.
  283         d. When the receipt from an established courier company is
  284  dated.
  285         2. Upon receipt of the disclosure statement or upon accrual
  286  of the maximum penalty, whichever occurs first, the commission
  287  shall determine the amount of the fine which is due and shall
  288  notify the delinquent person. The notice must include an
  289  explanation of the appeal procedure under subparagraph 3. Such
  290  fine must be paid within 30 days after the notice of payment due
  291  is transmitted, unless appeal is made to the commission pursuant
  292  to subparagraph 3. The moneys shall be deposited into the
  293  General Revenue Fund.
  294         3. Any reporting person may appeal or dispute a fine, based
  295  upon unusual circumstances surrounding the failure to file on
  296  the designated due date, and may request and is entitled to a
  297  hearing before the commission, which may waive the fine in whole
  298  or in part for good cause shown. Any such request must be in
  299  writing and received by the commission made within 30 days after
  300  the notice of payment due is transmitted. In such a case, the
  301  reporting person must, within the 30-day period, notify the
  302  person designated to review the timeliness of reports in writing
  303  of his or her intention to bring the matter before the
  304  commission. For purposes of this subparagraph, the term “unusual
  305  circumstances” does not include the failure to monitor an e-mail
  306  account or failure to receive notice if the person has not
  307  notified the commission of a change in his or her e-mail
  308  address.
  309         (g)(f) Any person subject to the annual filing of full and
  310  public disclosure under s. 8, Art. II of the State Constitution,
  311  or other state law, whose name is not on the commission’s
  312  mailing list of persons required to file full and public
  313  disclosure is not subject to the fines or penalties provided in
  314  this part for failure to file full and public disclosure in any
  315  year in which the omission occurred, but nevertheless is
  316  required to file the disclosure statement.
  317         (h)(g) The notification requirements and fines of this
  318  subsection do not apply to candidates or to the first filing
  319  required of any person appointed to elective constitutional
  320  office or other position required to file full and public
  321  disclosure, unless the person’s name is on the commission’s
  322  notification list and the person received notification from the
  323  commission. The appointing official shall notify such newly
  324  appointed person of the obligation to file full and public
  325  disclosure by July 1. The notification requirements and fines of
  326  this subsection do not apply to the final filing provided for in
  327  subsection (10) (7).
  328         (i)(h) Notwithstanding any provision of chapter 120, any
  329  fine imposed under this subsection which is not waived by final
  330  order of the commission and which remains unpaid more than 60
  331  days after the notice of payment due or more than 60 days after
  332  the commission renders a final order on the appeal must be
  333  submitted to the Department of Financial Services as a claim,
  334  debt, or other obligation owed to the state, and the department
  335  shall assign the collection of such fine to a collection agent
  336  as provided in s. 17.20.
  337         (9)(6) If a person holding public office or public
  338  employment fails or refuses to file a full and public disclosure
  339  of financial interests for any year in which the person received
  340  notice from the commission regarding the failure to file and has
  341  accrued the maximum automatic fine authorized under this
  342  section, regardless of whether the fine imposed was paid or
  343  collected, the commission shall initiate an investigation and
  344  conduct a public hearing without receipt of a complaint to
  345  determine whether the person’s failure to file is willful. Such
  346  investigation and hearing must be conducted in accordance with
  347  s. 112.324. Except as provided in s. 112.324(4), if the
  348  commission determines that the person willfully failed to file a
  349  full and public disclosure of financial interests, the
  350  commission shall enter an order recommending that the officer or
  351  employee be removed from his or her public office or public
  352  employment. The commission shall forward its recommendations as
  353  provided in s. 112.324.
  354         (10)(7) Each person required to file full and public
  355  disclosure of financial interests shall file a final disclosure
  356  statement within 60 days after leaving his or her public
  357  position for the period between January 1 of the year in which
  358  the person leaves and the last day of office or employment,
  359  unless within the 60-day period the person takes another public
  360  position requiring financial disclosure under s. 8, Art. II of
  361  the State Constitution, or is otherwise required to file full
  362  and public disclosure for the final disclosure period. The head
  363  of the agency of each person required to file full and public
  364  disclosure for the final disclosure period shall notify such
  365  persons of their obligation to file the final disclosure and may
  366  designate a person to be responsible for the notification
  367  requirements of this subsection.
  368         (11)(a)(8)(a) The commission shall treat an amendment to a
  369  amended full and public disclosure of financial interests which
  370  is filed before September 1 of the year in which the disclosure
  371  is due as part of the original filing, regardless of whether a
  372  complaint has been filed. If a complaint alleges only an
  373  immaterial, inconsequential, or de minimis error or omission,
  374  the commission may not take any action on the complaint other
  375  than notifying the filer of the complaint. The filer must be
  376  given 30 days to file an amendment to the amended full and
  377  public disclosure of financial interests correcting any errors.
  378  If the filer does not file an amendment to the amended full and
  379  public disclosure of financial interests within 30 days after
  380  the commission sends notice of the complaint, the commission may
  381  continue with proceedings pursuant to s. 112.324.
  382         (b) For purposes of the final full and public disclosure of
  383  financial interests, the commission shall treat an amendment to
  384  a new final full and public disclosure of financial interests as
  385  part of the original filing if filed within 60 days after the
  386  original filing, regardless of whether a complaint has been
  387  filed. If, more than 60 days after a final full and public
  388  disclosure of financial interests is filed, a complaint is filed
  389  alleging a complete omission of any information required to be
  390  disclosed by this section, the commission may immediately follow
  391  the complaint procedures in s. 112.324. However, if the
  392  complaint alleges an immaterial, inconsequential, or de minimis
  393  error or omission, the commission may not take any action on the
  394  complaint, other than notifying the filer of the complaint. The
  395  filer must be given 30 days to file an amendment to the a new
  396  final full and public disclosure of financial interests
  397  correcting any errors. If the filer does not file an amendment
  398  to the a new final full and public disclosure of financial
  399  interests within 30 days after the commission sends notice of
  400  the complaint, the commission may continue with proceedings
  401  pursuant to s. 112.324.
  402         (c) For purposes of this section, an error or omission is
  403  immaterial, inconsequential, or de minimis if the original
  404  filing provided sufficient information for the public to
  405  identify potential conflicts of interest. However, failure to
  406  certify completion of annual ethics training required under s.
  407  112.3142 does not constitute an immaterial, inconsequential, or
  408  de minimis error or omission.
  409         (12)(a)(9)(a) An individual required to file a disclosure
  410  pursuant to this section may have the disclosure prepared by an
  411  attorney in good standing with The Florida Bar or by a certified
  412  public accountant licensed under chapter 473. After preparing a
  413  disclosure form, the attorney or certified public accountant
  414  must sign the form indicating that he or she prepared the form
  415  in accordance with this section and the instructions for
  416  completing and filing the disclosure forms and that, upon his or
  417  her reasonable knowledge and belief, the disclosure is true and
  418  correct. If a complaint is filed alleging a failure to disclose
  419  information required by this section, the commission shall
  420  determine whether the information was disclosed to the attorney
  421  or certified public accountant. The failure of the attorney or
  422  certified public accountant to accurately transcribe information
  423  provided by the individual required to file is not a violation
  424  of this section.
  425         (b) An elected officer or candidate who chooses to use an
  426  attorney or a certified public accountant to prepare his or her
  427  disclosure may pay for the services of the attorney or certified
  428  public accountant from funds in an office account created
  429  pursuant to s. 106.141 or, during a year that the individual
  430  qualifies for election to public office, the candidate’s
  431  campaign depository pursuant to s. 106.021.
  432         (13)(10) The commission shall adopt rules and forms
  433  specifying how a person who is required to file full and public
  434  disclosure of financial interests may amend his or her
  435  disclosure statement to report information that was not included
  436  on the form as originally filed. If the amendment is the subject
  437  of a complaint filed under this part, the commission and the
  438  proper disciplinary official or body shall consider as a
  439  mitigating factor when considering appropriate disciplinary
  440  action the fact that the amendment was filed before any
  441  complaint or other inquiry or proceeding, while recognizing that
  442  the public was deprived of access to information to which it was
  443  entitled.
  444         (14)The provisions of this section constitute a revision
  445  to the schedule included in s. 8(i), Art. II of the State
  446  Constitution.
  447         Section 4. Section 112.3145, Florida Statutes, is amended
  448  to read:
  449         112.3145 Disclosure of financial interests and clients
  450  represented before agencies.—
  451         (1) For purposes of this section, unless the context
  452  otherwise requires, the term:
  453         (a) “Local officer” means:
  454         1. Every person who is elected to office in any political
  455  subdivision of the state, and every person who is appointed to
  456  fill a vacancy for an unexpired term in such an elective office.
  457         2. Any appointed member of any of the following boards,
  458  councils, commissions, authorities, or other bodies of any
  459  county, municipality, school district, independent special
  460  district, or other political subdivision of the state:
  461         a. The governing body of the political subdivision, if
  462  appointed;
  463         b. A community college or junior college district board of
  464  trustees;
  465         c. A board having the power to enforce local code
  466  provisions;
  467         d. A planning or zoning board, board of adjustment, board
  468  of appeals, community redevelopment agency board, or other board
  469  having the power to recommend, create, or modify land planning
  470  or zoning within the political subdivision, except for citizen
  471  advisory committees, technical coordinating committees, and such
  472  other groups who only have the power to make recommendations to
  473  planning or zoning boards;
  474         e. A pension board or retirement board having the power to
  475  invest pension or retirement funds or the power to make a
  476  binding determination of one’s entitlement to or amount of a
  477  pension or other retirement benefit; or
  478         f. Any other appointed member of a local government board
  479  who is required to file a statement of financial interests by
  480  the appointing authority or the enabling legislation, ordinance,
  481  or resolution creating the board.
  482         3. Any person holding one or more of the following
  483  positions: mayor; county or city manager; chief administrative
  484  employee of a county, municipality, or other political
  485  subdivision; county or municipal attorney; finance director of a
  486  county, municipality, or other political subdivision; chief
  487  county or municipal building code inspector; county or municipal
  488  water resources coordinator; county or municipal pollution
  489  control director; county or municipal environmental control
  490  director; county or municipal administrator, with power to grant
  491  or deny a land development permit; chief of police; fire chief;
  492  municipal clerk; district school superintendent; community
  493  college president; district medical examiner; or purchasing
  494  agent having the authority to make any purchase exceeding the
  495  threshold amount provided for in s. 287.017 for CATEGORY TWO
  496  ONE, on behalf of any political subdivision of the state or any
  497  entity thereof.
  498         (b) “Specified state employee” means:
  499         1. Public counsel created by chapter 350, an assistant
  500  state attorney, an assistant public defender, a criminal
  501  conflict and civil regional counsel, an assistant criminal
  502  conflict and civil regional counsel, a full-time state employee
  503  who serves as counsel or assistant counsel to any state agency,
  504  the Deputy Chief Judge of Compensation Claims, a judge of
  505  compensation claims, an administrative law judge, or a hearing
  506  officer.
  507         2. Any person employed in the office of the Governor or in
  508  the office of any member of the Cabinet if that person is exempt
  509  from the Career Service System, except persons employed in
  510  clerical, secretarial, or similar positions.
  511         3. The State Surgeon General or each appointed secretary,
  512  assistant secretary, deputy secretary, executive director,
  513  assistant executive director, or deputy executive director of
  514  each state department, commission, board, or council; unless
  515  otherwise provided, the division director, assistant division
  516  director, deputy director, and bureau chief, and assistant
  517  bureau chief of any state department or division; or any person
  518  having the power normally conferred upon such persons, by
  519  whatever title.
  520         4. The superintendent or institute director of a state
  521  mental health institute established for training and research in
  522  the mental health field or the warden or director of any major
  523  state institution or facility established for corrections,
  524  training, treatment, or rehabilitation.
  525         5. Business managers, purchasing agents having the power to
  526  make any purchase exceeding the threshold amount provided for in
  527  s. 287.017 for CATEGORY TWO ONE, finance and accounting
  528  directors, personnel officers, or grants coordinators for any
  529  state agency.
  530         6. Any person, other than a legislative assistant exempted
  531  by the presiding officer of the house by which the legislative
  532  assistant is employed, who is employed in the legislative branch
  533  of government, except persons employed in maintenance, clerical,
  534  secretarial, or similar positions.
  535         7. Each employee of the Commission on Ethics.
  536         (c) “State officer” means:
  537         1. Any elected public officer, excluding those elected to
  538  the United States Senate and House of Representatives, not
  539  covered elsewhere in this part and any person who is appointed
  540  to fill a vacancy for an unexpired term in such an elective
  541  office.
  542         2. An appointed member of each board, commission,
  543  authority, or council having statewide jurisdiction, excluding a
  544  member of an advisory body.
  545         3. A member of the Board of Governors of the State
  546  University System or a state university board of trustees, the
  547  Chancellor and Vice Chancellors of the State University System,
  548  and the president of a state university.
  549         4. A member of the judicial nominating commission for any
  550  district court of appeal or any judicial circuit.
  551         (2)(a) A person seeking nomination or election to a state
  552  or local elective office shall file a statement of financial
  553  interests together with, and at the same time he or she files,
  554  qualifying papers. When a candidate has qualified for office
  555  prior to the deadline to file an annual statement of financial
  556  interests, the statement of financial interests that is filed
  557  with the candidate’s qualifying papers shall be deemed to
  558  satisfy the annual disclosure requirement of this section. The
  559  qualifying officer must record that the statement of financial
  560  interests was timely filed. However, if a candidate does not
  561  qualify until after the annual statement of financial interests
  562  has been filed, the candidate may file a copy of his or her
  563  statement with the qualifying officer.
  564         (b) Each state or local officer and each specified state
  565  employee shall file a statement of financial interests no later
  566  than July 1 of each year. Each state officer, local officer, and
  567  specified state employee shall file a final statement of
  568  financial interests within 60 days after leaving his or her
  569  public position for the period between January 1 of the year in
  570  which the person leaves and the last day of office or
  571  employment, unless within the 60-day period the person takes
  572  another public position requiring financial disclosure under
  573  this section or s. 8, Art. II of the State Constitution or
  574  otherwise is required to file full and public disclosure or a
  575  statement of financial interests for the final disclosure
  576  period. Each state or local officer who is appointed and each
  577  specified state employee who is employed shall file a statement
  578  of financial interests within 30 days from the date of
  579  appointment or, in the case of a specified state employee, from
  580  the date on which the employment begins, except that any person
  581  whose appointment is subject to confirmation by the Senate shall
  582  file prior to confirmation hearings or within 30 days from the
  583  date of appointment, whichever comes first.
  584         (c) Beginning January 1, 2023, an incumbent in an elective
  585  office or a candidate holding another position subject to an
  586  annual filing requirement may submit either a copy of the
  587  statement of financial interests filed with the commission, or a
  588  verification or receipt of the filing, with the officer before
  589  whom he or she qualifies. A candidate not subject to an annual
  590  filing requirement does not file with the commission, but may
  591  complete and print a statement of financial interests to file
  592  with the officer before whom he or she qualifies.
  593         (d) State officers and specified state employees shall file
  594  their statements of financial interests with the commission on
  595  Ethics. Local officers shall file their statements of financial
  596  interests with the supervisor of elections of the county in
  597  which they permanently reside. Local officers who do not
  598  permanently reside in any county in the state shall file their
  599  statements of financial interests with the supervisor of
  600  elections of the county in which their agency maintains its
  601  headquarters. Persons seeking to qualify as candidates for local
  602  public office shall file their statements of financial interests
  603  with the officer before whom they qualify.
  604         (e)Beginning January 1, 2023, all statements filed with
  605  the commission must be filed electronically through an
  606  electronic filing system created and maintained by the
  607  commission as provided in s. 112.31446.
  608         (3) The statement of financial interests for state
  609  officers, specified state employees, local officers, and persons
  610  seeking to qualify as candidates for state or local office shall
  611  be filed even if the reporting person holds no financial
  612  interests requiring disclosure in a particular category, in
  613  which case that section of the statement shall be marked “not
  614  applicable.” Otherwise, the statement of financial interests
  615  must shall include the information under paragraph (a) or
  616  paragraph (b). The reporting person shall indicate on the
  617  statement whether he or she is using the reporting method under
  618  paragraph (a) or paragraph (b). However, beginning January 1,
  619  2023, only the reporting method specified under paragraph (b)
  620  may be used. The reporting methods are as follows, at the
  621  filer’s option, either:
  622         (a)1. All sources of income in excess of 5 percent of the
  623  gross income received during the disclosure period by the person
  624  in his or her own name or by any other person for his or her use
  625  or benefit, excluding public salary. However, this shall not be
  626  construed to require disclosure of a business partner’s sources
  627  of income. The person reporting shall list such sources in
  628  descending order of value with the largest source first;
  629         2. All sources of income to a business entity in excess of
  630  10 percent of the gross income of a business entity in which the
  631  reporting person held a material interest and from which he or
  632  she received an amount which was in excess of 10 percent of his
  633  or her gross income during the disclosure period and which
  634  exceeds $1,500. The period for computing the gross income of the
  635  business entity is the fiscal year of the business entity which
  636  ended on, or immediately prior to, the end of the disclosure
  637  period of the person reporting;
  638         3. The location or description of real property in this
  639  state, except for residences and vacation homes, owned directly
  640  or indirectly by the person reporting, when such person owns in
  641  excess of 5 percent of the value of such real property, and a
  642  general description of any intangible personal property worth in
  643  excess of 10 percent of such person’s total assets. For the
  644  purposes of this paragraph, indirect ownership does not include
  645  ownership by a spouse or minor child; and
  646         4. Every individual liability that equals more than the
  647  reporting person’s net worth; or
  648         (b)1. All sources of gross income in excess of $2,500
  649  received during the disclosure period by the person in his or
  650  her own name or by any other person for his or her use or
  651  benefit, excluding public salary. However, this shall not be
  652  construed to require disclosure of a business partner’s sources
  653  of income. The person reporting shall list such sources in
  654  descending order of value with the largest source first;
  655         2. All sources of income to a business entity in excess of
  656  10 percent of the gross income of a business entity in which the
  657  reporting person held a material interest and from which he or
  658  she received gross income exceeding $5,000 during the disclosure
  659  period. The period for computing the gross income of the
  660  business entity is the fiscal year of the business entity which
  661  ended on, or immediately prior to, the end of the disclosure
  662  period of the person reporting;
  663         3. The location or description of real property in this
  664  state, except for residence and vacation homes, owned directly
  665  or indirectly by the person reporting, when such person owns in
  666  excess of 5 percent of the value of such real property, and a
  667  general description of any intangible personal property worth in
  668  excess of $10,000. For the purpose of this paragraph, indirect
  669  ownership does not include ownership by a spouse or minor child;
  670  and
  671         4. Every liability in excess of $10,000.
  672  
  673  A person filing a statement of financial interests shall
  674  indicate on the statement whether he or she is using the method
  675  specified in paragraph (a) or paragraph (b).
  676         (4)(a)Beginning January 1, 2023, a filer may not include
  677  in a filing to the commission a federal income tax return, or a
  678  copy thereof; a social security number; a bank, mortgage, or
  679  brokerage account number; a debit, charge, or credit card
  680  number; a personal identification number; or a taxpayer
  681  identification number. If a filer includes such information in
  682  his or her filing, the information may be made available as part
  683  of the official records of the commission available for public
  684  inspection and copying unless redaction is requested by the
  685  filer. The commission is not liable for the release of social
  686  security numbers or bank account, debit, charge, or credit card
  687  numbers included in a filing to the commission if the filer has
  688  not requested redaction of the information.
  689         (b)The commission shall redact a filer’s social security
  690  number; bank account number; debit, charge, or credit card
  691  number; or any other personal or account information that is
  692  legally protected from disclosure under state or federal law
  693  upon written notification from the filer of its inadvertent
  694  inclusion. Such notice must specify the information
  695  inadvertently included and the specific section or sections of
  696  the statement in which it was included.
  697         (c)The commission must conspicuously post a notice, in
  698  substantially the following form, in the instructions for the
  699  electronic filing system specifying that:
  700         1.Any filer submitting information through the electronic
  701  filing system may not include a federal income tax return, or a
  702  copy thereof; a social security number; a bank, mortgage, or
  703  brokerage account number; a debit, charge, or credit card
  704  number; a personal identification number; or a taxpayer
  705  identification number in any filing unless required by law.
  706         2.Information submitted through the electronic filing
  707  system may be open to public inspection and copying.
  708         3.Any filer has a right to request the commission to
  709  redact from his or her filing any social security number; bank
  710  account number; or debit, charge, or credit card number
  711  contained in the filing. Such request must be made in writing
  712  and delivered to the commission. The request must specify the
  713  information to be redacted and the specific section or sections
  714  of the disclosure in which it was included.
  715         (5)Beginning January 1, 2015, An officer who is required
  716  to complete annual ethics training pursuant to s. 112.3142 must
  717  certify on his or her statement of financial interests that he
  718  or she has completed the required training.
  719         (6)(5) Each elected constitutional officer, state officer,
  720  local officer, and specified state employee shall file a
  721  quarterly report of the names of clients represented for a fee
  722  or commission, except for appearances in ministerial matters,
  723  before agencies at his or her level of government. For the
  724  purposes of this part, agencies of government shall be
  725  classified as state-level agencies or agencies below state
  726  level. Each local officer shall file such report with the
  727  supervisor of elections of the county in which the officer is
  728  principally employed or is a resident. Each state officer,
  729  elected constitutional officer, and specified state employee
  730  shall file such report with the commission. The report shall be
  731  filed only when a reportable representation is made during the
  732  calendar quarter and shall be filed no later than the last day
  733  of each calendar quarter, for the previous calendar quarter.
  734  Representation before any agency shall be deemed to include
  735  representation by such officer or specified state employee or by
  736  any partner or associate of the professional firm of which he or
  737  she is a member and of which he or she has actual knowledge. For
  738  the purposes of this subsection, the term “representation before
  739  any agency” does not include appearances before any court or the
  740  Deputy Chief Judge of Compensation Claims or judges of
  741  compensation claims or representations on behalf of one’s agency
  742  in one’s official capacity. Such term does not include the
  743  preparation and filing of forms and applications merely for the
  744  purpose of obtaining or transferring a license based on a quota
  745  or a franchise of such agency or a license or operation permit
  746  to engage in a profession, business, or occupation, so long as
  747  the issuance or granting of such license, permit, or transfer
  748  does not require substantial discretion, a variance, a special
  749  consideration, or a certificate of public convenience and
  750  necessity.
  751         (7)(6) Each elected constitutional officer and each
  752  candidate for such office, any other public officer required
  753  pursuant to s. 8, Art. II of the State Constitution to file a
  754  full and public disclosure of his or her financial interests,
  755  and each state officer, local officer, specified state employee,
  756  and candidate for elective public office who is or was during
  757  the disclosure period an officer, director, partner, proprietor,
  758  or agent, other than a resident agent solely for service of
  759  process, of, or owns or owned during the disclosure period a
  760  material interest in, any business entity which is granted a
  761  privilege to operate in this state shall disclose such facts as
  762  a part of the disclosure form filed pursuant to s. 8, Art. II of
  763  the State Constitution or this section, as applicable. The
  764  statement shall give the name, address, and principal business
  765  activity of the business entity and shall state the position
  766  held with such business entity or the fact that a material
  767  interest is owned and the nature of that interest.
  768         (8)(7) Forms for compliance with the disclosure
  769  requirements of this section and a current list of persons
  770  subject to disclosure shall be created by the commission and
  771  provided to each supervisor of elections. The commission and
  772  each supervisor of elections shall give notice of disclosure
  773  deadlines and delinquencies and distribute forms in the
  774  following manner:
  775         (a)1. Not later than May 1 of each year, the commission
  776  shall prepare a current list of the names, e-mail addresses, and
  777  physical addresses of, and the offices or positions held by,
  778  every state officer, local officer, and specified employee. In
  779  compiling the list, the commission shall be assisted by Each
  780  unit of government shall assist the commission in compiling the
  781  list by in providing to the commission not later than February 1
  782  of each year, at the request of the commission, the name, e-mail
  783  address, physical address, and name of agency of, and the office
  784  or position held by, each state officer, local officer, or
  785  specified state employee within the respective unit of
  786  government as of December 31 of the preceding year.
  787         2. Not later than May 15 of each year, the commission shall
  788  provide each supervisor of elections with a current mailing list
  789  of all local officers required to file with such supervisor of
  790  elections.
  791         (b) Not later than June 1 30 days before July 1 of each
  792  year, the commission and each supervisor of elections, as
  793  appropriate, shall distribute mail a copy of the form prescribed
  794  for compliance with subsection (3) and a notice of all
  795  applicable disclosure forms and filing deadlines to each person
  796  required to file a statement of financial interests. Beginning
  797  January 1, 2023, no paper forms will be provided. The notice
  798  required under this paragraph and instructions for electronic
  799  submission must be delivered by e-mail.
  800         (c) Not later than August 1 30 days after July 1 of each
  801  year, the commission and each supervisor of elections shall
  802  determine which persons required to file a statement of
  803  financial interests in their respective offices have failed to
  804  do so and shall send delinquency notices by certified mail,
  805  return receipt requested, to these persons. Each notice must
  806  shall state that a grace period is in effect until September 1
  807  of the current year; that no investigative or disciplinary
  808  action based upon the delinquency will be taken by the agency
  809  head or commission if the statement is filed by September 1 of
  810  the current year; that, if the statement is not filed by
  811  September 1 of the current year, a fine of $25 for each day late
  812  will be imposed, up to a maximum penalty of $1,500; for notices
  813  distributed sent by a supervisor of elections, that he or she is
  814  required by law to notify the commission of the delinquency; and
  815  that, if upon the filing of a sworn complaint the commission
  816  finds that the person has failed to timely file the statement
  817  within 60 days after September 1 of the current year, such
  818  person will also be subject to the penalties provided in s.
  819  112.317. Beginning January 1, 2023, the notice required under
  820  this paragraph must be delivered by e-mail and must be
  821  redelivered on a weekly basis so long as a person remains
  822  delinquent.
  823         (d) No later than November 15 of each year, the supervisor
  824  of elections in each county shall certify to the commission a
  825  list of the names and addresses of, and the offices or positions
  826  held by, all persons who have failed to timely file the required
  827  statements of financial interests. The certification must
  828  include the earliest of the dates described in subparagraph
  829  (g)1. (f)1. The certification shall be on a form prescribed by
  830  the commission and shall indicate whether the supervisor of
  831  elections has provided the disclosure forms and notice as
  832  required by this subsection to all persons named on the
  833  delinquency list.
  834         (e) Statements must be received by the commission filed not
  835  later than 5 p.m. of the due date. However, any statement that
  836  is postmarked by the United States Postal Service by midnight of
  837  the due date is deemed to have been filed in a timely manner,
  838  and a certificate of mailing obtained from and dated by the
  839  United States Postal Service at the time of the mailing, or a
  840  receipt from an established courier company which bears a date
  841  on or before the due date, constitutes proof of mailing in a
  842  timely manner. Beginning January 1, 2023, upon request of the
  843  filer, the commission must provide verification to the filer
  844  that the commission has received the filed statement.
  845         (f) Beginning January 1, 2023, the statement must be
  846  accompanied by a declaration as provided in s. 92.525(2) and an
  847  electronic acknowledgment thereof.
  848         (g) Any person who is required to file a statement of
  849  financial interests and whose name is on the commission’s
  850  mailing list, and to whom notice has been sent, but who fails to
  851  timely file is assessed a fine of $25 per day for each day late
  852  up to a maximum of $1,500; however, this $1,500 limitation on
  853  automatic fines does not limit the civil penalty that may be
  854  imposed if the statement is filed more than 60 days after the
  855  deadline and a complaint is filed, as provided in s. 112.324.
  856  The commission must provide by rule the grounds for waiving the
  857  fine and procedures by which each person whose name is on the
  858  mailing list and who is determined to have not filed in a timely
  859  manner will be notified of assessed fines and may appeal. The
  860  rule must provide for and make specific the following:
  861         1. The amount of the fine due is based upon the earliest of
  862  the following:
  863         a. When a statement is actually received by the office.
  864         b. When the statement is postmarked.
  865         c. When the certificate of mailing is dated.
  866         d. When the receipt from an established courier company is
  867  dated.
  868         2. For a specified state employee or a state officer, upon
  869  receipt of the disclosure statement by the commission or upon
  870  accrual of the maximum penalty, whichever occurs first, and for
  871  a local officer upon receipt by the commission of the
  872  certification from the local officer’s supervisor of elections
  873  pursuant to paragraph (d), the commission shall determine the
  874  amount of the fine which is due and shall notify the delinquent
  875  person. The notice must include an explanation of the appeal
  876  procedure under subparagraph 3. The fine must be paid within 30
  877  days after the notice of payment due is transmitted, unless
  878  appeal is made to the commission pursuant to subparagraph 3. The
  879  moneys are to be deposited into the General Revenue Fund.
  880         3. Any reporting person may appeal or dispute a fine, based
  881  upon unusual circumstances surrounding the failure to file on
  882  the designated due date, and may request and is entitled to a
  883  hearing before the commission, which may waive the fine in whole
  884  or in part for good cause shown. Any such request must be in
  885  writing and received by the commission made within 30 days after
  886  the notice of payment due is transmitted. In such a case, the
  887  reporting person must, within the 30-day period, notify the
  888  person designated to review the timeliness of reports in writing
  889  of his or her intention to bring the matter before the
  890  commission. For purposes of this subparagraph, the term “unusual
  891  circumstances” does not include the failure to monitor an e-mail
  892  account or failure to receive notice if the person has not
  893  notified the commission of a change in his or her e-mail
  894  address.
  895         (h)(g) Any state officer, local officer, or specified
  896  employee whose name is not on the mailing list of persons
  897  required to file an annual statement of financial interests is
  898  not subject to the penalties provided in s. 112.317 or the fine
  899  provided in this section for failure to timely file a statement
  900  of financial interests in any year in which the omission
  901  occurred, but nevertheless is required to file the disclosure
  902  statement.
  903         (i)(h) The notification requirements and fines of this
  904  subsection do not apply to candidates or to the first or final
  905  filing required of any state officer, specified employee, or
  906  local officer as provided in paragraph (2)(b).
  907         (j)(i) Notwithstanding any provision of chapter 120, any
  908  fine imposed under this subsection which is not waived by final
  909  order of the commission and which remains unpaid more than 60
  910  days after the notice of payment due or more than 60 days after
  911  the commission renders a final order on the appeal must be
  912  submitted to the Department of Financial Services as a claim,
  913  debt, or other obligation owed to the state, and the department
  914  shall assign the collection of such a fine to a collection agent
  915  as provided in s. 17.20.
  916         (9)(a)(8)(a) The appointing official or body shall notify
  917  each newly appointed local officer, state officer, or specified
  918  state employee, not later than the date of appointment, of the
  919  officer’s or employee’s duty to comply with the disclosure
  920  requirements of this section. The agency head of each employing
  921  agency shall notify each newly employed local officer or
  922  specified state employee, not later than the day of employment,
  923  of the officer’s or employee’s duty to comply with the
  924  disclosure requirements of this section. The appointing official
  925  or body or employing agency head may designate a person to be
  926  responsible for the notification requirements of this paragraph.
  927         (b) The agency head of the agency of each local officer,
  928  state officer, or specified state employee who is required to
  929  file a statement of financial interests for the final disclosure
  930  period shall notify such persons of their obligation to file the
  931  final disclosure and may designate a person to be responsible
  932  for the notification requirements of this paragraph.
  933         (c) If a person holding public office or public employment
  934  fails or refuses to file an annual statement of financial
  935  interests for any year in which the person received notice from
  936  the commission regarding the failure to file and has accrued the
  937  maximum automatic fine authorized under this section, regardless
  938  of whether the fine imposed was paid or collected, the
  939  commission shall initiate an investigation and conduct a public
  940  hearing without receipt of a complaint to determine whether the
  941  person’s failure to file is willful. Such investigation and
  942  hearing must be conducted in accordance with s. 112.324. Except
  943  as provided in s. 112.324(4), if the commission determines that
  944  the person willfully failed to file a statement of financial
  945  interests, the commission shall enter an order recommending that
  946  the officer or employee be removed from his or her public office
  947  or public employment. The commission shall forward its
  948  recommendation as provided in s. 112.324.
  949         (10)(9) A public officer who has filed a disclosure for any
  950  calendar or fiscal year shall not be required to file a second
  951  disclosure for the same year or any part thereof,
  952  notwithstanding any requirement of this act, except that any
  953  public officer who qualifies as a candidate for public office
  954  shall file a copy of the disclosure with the officer before whom
  955  he or she qualifies as a candidate at the time of qualification.
  956         (11)(a)(10)(a) The commission shall treat an amendment to
  957  an amended annual statement of financial interests which is
  958  filed before September 1 of the year in which the statement is
  959  due as part of the original filing, regardless of whether a
  960  complaint has been filed. If a complaint alleges only an
  961  immaterial, inconsequential, or de minimis error or omission,
  962  the commission may not take any action on the complaint other
  963  than notifying the filer of the complaint. The filer must be
  964  given 30 days to file an amendment to the amended statement of
  965  financial interests correcting any errors. If the filer does not
  966  file an amendment to the amended statement of financial
  967  interests within 30 days after the commission sends notice of
  968  the complaint, the commission may continue with proceedings
  969  pursuant to s. 112.324.
  970         (b) For purposes of the final statement of financial
  971  interests, the commission shall treat an amendment to a new
  972  final statement of financial interests as part of the original
  973  filing, if filed within 60 days of the original filing
  974  regardless of whether a complaint has been filed. If, more than
  975  60 days after a final statement of financial interests is filed,
  976  a complaint is filed alleging a complete omission of any
  977  information required to be disclosed by this section, the
  978  commission may immediately follow the complaint procedures in s.
  979  112.324. However, if the complaint alleges an immaterial,
  980  inconsequential, or de minimis error or omission, the commission
  981  may not take any action on the complaint other than notifying
  982  the filer of the complaint. The filer must be given 30 days to
  983  file an amendment to the a new final statement of financial
  984  interests correcting any errors. If the filer does not file an
  985  amendment to the a new final statement of financial interests
  986  within 30 days after the commission sends notice of the
  987  complaint, the commission may continue with proceedings pursuant
  988  to s. 112.324.
  989         (c) For purposes of this section, an error or omission is
  990  immaterial, inconsequential, or de minimis if the original
  991  filing provided sufficient information for the public to
  992  identify potential conflicts of interest. However, failure to
  993  certify completion of annual ethics training required under s.
  994  112.3142 does not constitute an immaterial, inconsequential, or
  995  de minimis error or omission.
  996         (12)(a)(11)(a) An individual required to file a statement
  997  disclosure pursuant to this section may have the statement
  998  disclosure prepared by an attorney in good standing with The
  999  Florida Bar or by a certified public accountant licensed under
 1000  chapter 473. After preparing a statement disclosure form, the
 1001  attorney or certified public accountant must sign the form
 1002  indicating that he or she prepared the form in accordance with
 1003  this section and the instructions for completing and filing the
 1004  disclosure forms and that, upon his or her reasonable knowledge
 1005  and belief, the disclosure is true and correct. If a complaint
 1006  is filed alleging a failure to disclose information required by
 1007  this section, the commission shall determine whether the
 1008  information was disclosed to the attorney or certified public
 1009  accountant. The failure of the attorney or certified public
 1010  accountant to accurately transcribe information provided by the
 1011  individual who is required to file the statement disclosure does
 1012  not constitute a violation of this section.
 1013         (b) An elected officer or candidate who chooses to use an
 1014  attorney or a certified public accountant to prepare his or her
 1015  statement disclosure may pay for the services of the attorney or
 1016  certified public accountant from funds in an office account
 1017  created pursuant to s. 106.141 or, during a year that the
 1018  individual qualifies for election to public office, the
 1019  candidate’s campaign depository pursuant to s. 106.021.
 1020         (13)(12) The commission shall adopt rules and forms
 1021  specifying how a state officer, local officer, or specified
 1022  state employee may amend his or her statement of financial
 1023  interests to report information that was not included on the
 1024  form as originally filed. If the amendment is the subject of a
 1025  complaint filed under this part, the commission and the proper
 1026  disciplinary official or body shall consider as a mitigating
 1027  factor when considering appropriate disciplinary action the fact
 1028  that the amendment was filed before any complaint or other
 1029  inquiry or proceeding, while recognizing that the public was
 1030  deprived of access to information to which it was entitled.
 1031         Section 5. Section 112.31455, Florida Statutes, is amended
 1032  to read:
 1033         112.31455 Collection methods for unpaid automatic fines for
 1034  failure to timely file disclosure of financial interests.—
 1035         (1) Before referring any unpaid fine accrued pursuant to s.
 1036  112.3144(8) or s. 112.3145(8) s. 112.3144(5) or s. 112.3145(7)
 1037  to the Department of Financial Services, the commission shall
 1038  attempt to determine whether the individual owing such a fine is
 1039  a current public officer or current public employee. If so, the
 1040  commission may notify the Chief Financial Officer or the
 1041  governing body of the appropriate county, municipality, or
 1042  special district of the total amount of any fine owed to the
 1043  commission by such individual.
 1044         (a) After receipt and verification of the notice from the
 1045  commission, the Chief Financial Officer or the governing body of
 1046  the county, municipality, or special district shall begin
 1047  withholding the lesser of 10 percent or the maximum amount
 1048  allowed under federal law from any salary-related payment. The
 1049  withheld payments shall be remitted to the commission until the
 1050  fine is satisfied.
 1051         (b) The Chief Financial Officer or the governing body of
 1052  the county, municipality, or special district may retain an
 1053  amount of each withheld payment, as provided in s. 77.0305, to
 1054  cover the administrative costs incurred under this section.
 1055         (2) If the commission determines that the individual who is
 1056  the subject of an unpaid fine accrued pursuant to s. 112.3144(8)
 1057  or s. 112.3145(8) s. 112.3144(5) or s. 112.3145(7) is no longer
 1058  a public officer or public employee or if the commission is
 1059  unable to determine whether the individual is a current public
 1060  officer or public employee, the commission may, 6 months after
 1061  the order becomes final, seek garnishment of any wages to
 1062  satisfy the amount of the fine, or any unpaid portion thereof,
 1063  pursuant to chapter 77. Upon recording the order imposing the
 1064  fine with the clerk of the circuit court, the order shall be
 1065  deemed a judgment for purposes of garnishment pursuant to
 1066  chapter 77.
 1067         (3) The commission may refer unpaid fines to the
 1068  appropriate collection agency, as directed by the Chief
 1069  Financial Officer, to utilize any collection methods provided by
 1070  law. Except as expressly limited by this section, any other
 1071  collection methods authorized by law are allowed.
 1072         (4) Action may be taken to collect any unpaid fine imposed
 1073  by ss. 112.3144 and 112.3145 within 20 years after the date the
 1074  final order is rendered.
 1075         Section 6. Except as otherwise expressly provided in this
 1076  act, this act shall take effect upon becoming a law.
 1077  
 1078  ================= T I T L E  A M E N D M E N T ================
 1079  And the title is amended as follows:
 1080         Delete everything before the enacting clause
 1081  and insert:
 1082                        A bill to be entitled                      
 1083         An act relating to financial disclosure; creating s.
 1084         112.31446, F.S.; providing definitions; requiring the
 1085         Commission on Ethics to procure and test an electronic
 1086         filing system by a certain date; providing
 1087         requirements for such system; providing duties of the
 1088         units of government, the commission, and persons
 1089         required to file a specified form; amending s.
 1090         112.312, F.S.; revising the definition of “disclosure
 1091         period”; amending ss. 112.3144 and 112.3145, F.S.;
 1092         requiring certain forms to be filed electronically
 1093         beginning on a specified date; prescribing the manner
 1094         of filing for purposes of candidate qualifying;
 1095         prohibiting a filer from including certain information
 1096         on a disclosure or statement; providing that the
 1097         commission is not liable for the release of certain
 1098         information under certain circumstances; requiring the
 1099         commission to redact certain information under certain
 1100         circumstances; requiring certain information be
 1101         delivered electronically; requiring the commission to
 1102         provide certain verification to a filer upon request;
 1103         requiring a declaration be submitted with a disclosure
 1104         or statement; specifying that certain actions do not
 1105         constitute an unusual circumstance; revising a
 1106         schedule to the State Constitution; amending s.
 1107         112.31455, F.S.; conforming cross-references to
 1108         changes made by the act; providing effective dates.