Florida Senate - 2022                       CS for CS for SB 510
       
       
        
       By the Committees on Rules; and Ethics and Elections; and
       Senators Brodeur and Rodrigues
       
       
       
       
       595-02954-22                                           2022510c2
    1                        A bill to be entitled                      
    2         An act relating to financial disclosures; amending s.
    3         99.061, F.S.; revising qualification requirements for
    4         certain candidates; amending s. 112.3144, F.S.;
    5         revising the date by which full and public disclosure
    6         of financial interests must be filed electronically;
    7         requiring the Commission on Ethics to accept only
    8         disclosures in paper form through a specified date;
    9         requiring the commission to post a specified notice on
   10         its website for a certain timeframe; requiring the
   11         commission to accept federal income tax returns,
   12         financial statements, and other forms or attachments
   13         showing sources of income for a specified purpose;
   14         deleting the prohibition on including a federal income
   15         tax return or a copy thereof for certain filings;
   16         revising the date by which paper forms will no longer
   17         be provided; revising the date by which certain
   18         notices must be delivered electronically; revising the
   19         date by which the commission must provide verification
   20         of receiving a disclosure, upon the request of the
   21         filer; revising the date by which a written
   22         declaration satisfies the condition that the
   23         disclosure be sworn; requiring specified local
   24         officers to file a full and public disclosure of
   25         financial interests; requiring members of the
   26         Commission on Ethics and the Florida Elections
   27         Commission to file a full and public disclosure of
   28         financial interests; amending s. 112.31445, F.S.;
   29         requiring the commission to publish a specified notice
   30         regarding electronic filing to filers; requiring the
   31         commission to post a specified notice regarding paper
   32         forms for a certain timeframe; providing an additional
   33         specification for the electronic filing of full and
   34         public disclosures; amending s. 112.31446, F.S.;
   35         revising minimum requirements for the electronic
   36         filing system; amending s. 112.3145, F.S.; requiring
   37         certain local officers to file their statements of
   38         financial interests with a specified supervisor of
   39         elections until a specified date; requiring the
   40         electronic filing of certain documents after a
   41         specified date; requiring the commission to accept
   42         only statements of financial interests, final
   43         statements of financial interests, and any amendments
   44         thereto, or any other forms submitted in paper form
   45         until a specified date; requiring the commission to
   46         post a specified notice on its website for a certain
   47         timeframe; removing the future prohibition on
   48         including a federal income tax return or a copy
   49         thereof in a filing; revising the date by which paper
   50         forms will no longer be provided; requiring certain
   51         delinquency notices to be sent by certified mail until
   52         a specified date; prohibiting certain delinquency
   53         notices from being sent by certified mail after a
   54         specified date; exempting specified local officers
   55         from filing a statement of financial interests to
   56         conform to changes made by the act; amending s.
   57         112.324, F.S.; authorizing the commission to dismiss
   58         financial disclosure complaints alleging de minimis
   59         violations; authorizing the commission to adopt
   60         emergency rules for a specified purpose, subject to
   61         specified conditions; providing for expiration of the
   62         emergency rulemaking authority; providing effective
   63         dates.
   64          
   65  Be It Enacted by the Legislature of the State of Florida:
   66  
   67         Section 1. Effective January 1, 2023, subsection (5) and
   68  paragraph (a) of subsection (7) of section 99.061, Florida
   69  Statutes, are amended to read:
   70         99.061 Method of qualifying for nomination or election to
   71  federal, state, county, or district office.—
   72         (5) At the time of qualifying for office, each candidate
   73  for a constitutional office and each candidate for other
   74  elective office subject to an annual filing requirement under s.
   75  112.3144 shall file a full and public disclosure of financial
   76  interests pursuant to s. 8, Art. II of the State Constitution,
   77  which must be verified under oath or affirmation pursuant to s.
   78  92.525(1)(a), and a candidate for any other office, including
   79  local elective office, shall file a statement of financial
   80  interests pursuant to s. 112.3145. A candidate subject to an
   81  annual filing requirement under s. 112.3144 may submit a
   82  verification or receipt of electronic filing pursuant to s.
   83  112.3144(4). A candidate subject to an annual filing requirement
   84  under s. 112.3145 may file a verification or receipt of
   85  electronic filing pursuant to s. 112.3145(2)(c) unless the
   86  candidate is required to file a full and public disclosure of
   87  financial interests pursuant to s. 8, Art. II of the State
   88  Constitution or this subsection.
   89         (7)(a) In order for a candidate to be qualified, the
   90  following items must be received by the filing officer by the
   91  end of the qualifying period:
   92         1. A properly executed check drawn upon the candidate’s
   93  campaign account payable to the person or entity as prescribed
   94  by the filing officer in an amount not less than the fee
   95  required by s. 99.092, unless the candidate obtained the
   96  required number of signatures on petitions pursuant to s.
   97  99.095. The filing fee for a special district candidate is not
   98  required to be drawn upon the candidate’s campaign account. If a
   99  candidate’s check is returned by the bank for any reason, the
  100  filing officer must shall immediately notify the candidate, and
  101  the candidate has shall have until the end of qualifying to pay
  102  the fee with a cashier’s check purchased from funds of the
  103  campaign account. Failure to pay the fee as provided in this
  104  subparagraph disqualifies shall disqualify the candidate.
  105         2. The candidate’s oath required by s. 99.021, which must
  106  contain the name of the candidate as it is to appear on the
  107  ballot; the office sought, including the district or group
  108  number if applicable; and the signature of the candidate, which
  109  must be verified under oath or affirmation pursuant to s.
  110  92.525(1)(a).
  111         3. If the office sought is partisan, the written statement
  112  of political party affiliation required by s. 99.021(1)(b); or
  113  if the candidate is running without party affiliation for a
  114  partisan office, the written statement required by s.
  115  99.021(1)(c).
  116         4. The completed form for the appointment of campaign
  117  treasurer and designation of campaign depository, as required by
  118  s. 106.021.
  119         5. The full and public disclosure or statement of financial
  120  interests required by subsection (5). A public officer who has
  121  filed the full and public disclosure or statement of financial
  122  interests with the Commission on Ethics or the supervisor of
  123  elections before prior to qualifying for office may file a copy
  124  of that disclosure at the time of qualifying or a verification
  125  or receipt of electronic filing as provided in subsection (5).
  126         Section 2. Paragraph (a) of subsection (1), subsection (2),
  127  paragraph (c) of subsection (6), paragraphs (a) and (c) of
  128  subsection (7), and subsection (8) of section 112.3144, Florida
  129  Statutes, are amended to read:
  130         112.3144 Full and public disclosure of financial
  131  interests.—
  132         (1)(a) An officer who is required by s. 8, Art. II of the
  133  State Constitution to file a full and public disclosure of his
  134  or her financial interests for any calendar or fiscal year, or
  135  any other person required by law to file a disclosure under this
  136  section, shall file that disclosure with the Florida Commission
  137  on Ethics. Additionally, an officer who is required to file a
  138  full and public disclosure of his or her financial interests
  139  under this part and to complete annual ethics training pursuant
  140  to s. 112.3142 must certify on his or her full and public
  141  disclosure of financial interests that he or she has completed
  142  the required training.
  143         (2) Beginning January 1, 2023 2022, all disclosures filed
  144  with the commission must be filed electronically through an
  145  electronic filing system that is created and maintained by the
  146  commission as provided in s. 112.31446. Through December 31,
  147  2022, the commission may accept only disclosures filed in paper
  148  form. The commission shall post a notice on its website
  149  informing filers that paper forms must be used for filing
  150  through December 31, 2022. The commission may not remove the
  151  notice until January 1, 2023.
  152         (6)
  153         (c) Each separate source and amount of income which exceeds
  154  $1,000 must be identified. For the purposes of reporting income,
  155  the commission shall accept federal income tax returns,
  156  financial statements, and other forms or attachments showing
  157  sources of income Beginning January 1, 2022, a federal income
  158  tax return may not be used for purposes of reporting income, and
  159  the commission may not accept a federal income tax return or a
  160  copy thereof.
  161         (7)(a) Beginning January 1, 2022, a filer may not include
  162  in a filing to the commission a federal income tax return or a
  163  copy thereof; a social security number; a bank, mortgage, or
  164  brokerage account number; a debit, charge, or credit card
  165  number; a personal identification number; or a taxpayer
  166  identification number. If a filer includes such information in
  167  his or her filing, the information may be made available as part
  168  of the official records of the commission available for public
  169  inspection and copying unless redaction is requested by the
  170  filer. The commission is not liable for the release of social
  171  security numbers or bank account, debit, charge, or credit card
  172  numbers included in a filing to the commission if the filer has
  173  not requested redaction of such information.
  174         (c) The commission must conspicuously post a notice, in
  175  substantially the following form, in the instructions for the
  176  electronic filing system specifying that:
  177         1. Any filer submitting information through the electronic
  178  filing system may not include a federal income tax return or a
  179  copy thereof; a social security number; a bank, mortgage, or
  180  brokerage account number; a debit, charge, or credit card
  181  number; a personal identification number; or a taxpayer
  182  identification number in any filing unless required by law.
  183         2. Information submitted through the electronic filing
  184  system may be open to public inspection and copying.
  185         3. Any filer has a right to request that the commission
  186  redact from his or her filing any social security number, bank
  187  account number, or debit, charge, or credit card number
  188  contained in the filing. Such request must be made in writing
  189  and delivered to the commission. The request must specify the
  190  information to be redacted and the specific section or sections
  191  of the disclosure in which it was included.
  192         (8) Forms or fields of information for compliance with the
  193  full and public disclosure requirements of s. 8, Art. II of the
  194  State Constitution shall be prescribed by the commission. The
  195  commission shall allow a filer to include attachments or other
  196  supporting documentation when filing a disclosure. The
  197  commission shall give notice of disclosure deadlines and
  198  delinquencies and distribute forms in the following manner:
  199         (a) Not later than May 1 of each year, the commission shall
  200  prepare a current list of the names, e-mail addresses, and
  201  physical addresses of and the offices held by every person
  202  required to file full and public disclosure annually by s. 8,
  203  Art. II of the State Constitution, or other state law. Each unit
  204  of government shall assist the commission in compiling the list
  205  by providing to the commission not later than February 1 of each
  206  year the name, e-mail address, physical address, and name of the
  207  office held by such person within the respective unit of
  208  government as of December 31 of the preceding year.
  209         (b) Not later than June 1 of each year, the commission
  210  shall distribute a copy of the form prescribed for compliance
  211  with full and public disclosure and a notice of the filing
  212  deadline to each person on the list. Beginning January 1, 2023
  213  2022, no paper forms will not be provided. The notice required
  214  under this paragraph and instructions for electronic submission
  215  of the form and any accompanying attachments must be delivered
  216  by e-mail.
  217         (c) Not later than August 1 of each year, the commission
  218  shall determine which persons on the list have failed to file
  219  full and public disclosure and shall send delinquency notices to
  220  such persons. Each notice must state that a grace period is in
  221  effect until September 1 of the current year. Beginning January
  222  1, 2023 2022, the notice required under this paragraph must be
  223  delivered by e-mail and must be redelivered on a weekly basis by
  224  e-mail as long as a person remains delinquent.
  225         (d) Disclosures must be received by the commission not
  226  later than 5 p.m. of the due date. However, any disclosure that
  227  is postmarked by the United States Postal Service by midnight of
  228  the due date is deemed to have been filed in a timely manner,
  229  and a certificate of mailing obtained from and dated by the
  230  United States Postal Service at the time of the mailing, or a
  231  receipt from an established courier company which bears a date
  232  on or before the due date, constitutes proof of mailing in a
  233  timely manner. Beginning January 1, 2023 2022, upon request of
  234  the filer, the commission must provide verification to the filer
  235  that the commission has received the filed disclosure.
  236         (e) Beginning January 1, 2023 2022, a written declaration,
  237  as provided for under s. 92.525(2), accompanied by an electronic
  238  signature satisfies the requirement that the disclosure be
  239  sworn.
  240         (f) Any person who is required to file full and public
  241  disclosure of financial interests and whose name is on the
  242  commission’s list, and to whom notice has been sent, but who
  243  fails to timely file is assessed a fine of $25 per day for each
  244  day late up to a maximum of $1,500; however this $1,500
  245  limitation on automatic fines does not limit the civil penalty
  246  that may be imposed if the statement is filed more than 60 days
  247  after the deadline and a complaint is filed, as provided in s.
  248  112.324. The commission must provide by rule the grounds for
  249  waiving the fine and the procedures by which each person whose
  250  name is on the list and who is determined to have not filed in a
  251  timely manner will be notified of assessed fines and may appeal.
  252  The rule must provide for and make specific the following:
  253         1. The amount of the fine due is based upon the earliest of
  254  the following:
  255         a. When a statement is actually received by the office.
  256         b. When the statement is postmarked.
  257         c. When the certificate of mailing is dated.
  258         d. When the receipt from an established courier company is
  259  dated.
  260         2. Upon receipt of the disclosure statement or upon accrual
  261  of the maximum penalty, whichever occurs first, the commission
  262  shall determine the amount of the fine which is due and shall
  263  notify the delinquent person. The notice must include an
  264  explanation of the appeal procedure under subparagraph 3. Such
  265  fine must be paid within 30 days after the notice of payment due
  266  is transmitted, unless an appeal is made to the commission
  267  pursuant to subparagraph 3. The moneys shall be deposited into
  268  the General Revenue Fund.
  269         3. Any reporting person may appeal or dispute a fine, based
  270  upon unusual circumstances surrounding the failure to file on
  271  the designated due date, and may request and is entitled to a
  272  hearing before the commission, which may waive the fine in whole
  273  or in part for good cause shown. Any such request must be in
  274  writing and received by the commission within 30 days after the
  275  notice of payment due is transmitted. In such a case, the
  276  reporting person must, within the 30-day period, notify the
  277  person designated to review the timeliness of reports in writing
  278  of his or her intention to bring the matter before the
  279  commission. For purposes of this subparagraph, “unusual
  280  circumstances” does not include the failure to monitor an e-mail
  281  account or failure to receive notice if the person has not
  282  notified the commission of a change in his or her e-mail
  283  address.
  284         (g) Any person subject to the annual filing of full and
  285  public disclosure under s. 8, Art. II of the State Constitution,
  286  or other state law, whose name is not on the commission’s list
  287  of persons required to file full and public disclosure is not
  288  subject to the fines or penalties provided in this part for
  289  failure to file full and public disclosure in any year in which
  290  the omission occurred, but nevertheless is required to file the
  291  disclosure statement.
  292         (h) The notification requirements and fines of this
  293  subsection do not apply to candidates or to the first filing
  294  required of any person appointed to elective constitutional
  295  office or other position required to file full and public
  296  disclosure, unless the person’s name is on the commission’s
  297  notification list and the person received notification from the
  298  commission. The appointing official shall notify such newly
  299  appointed person of the obligation to file full and public
  300  disclosure by July 1. The notification requirements and fines of
  301  this subsection do not apply to the final filing provided for in
  302  subsection (10).
  303         (i) Notwithstanding any provision of chapter 120, any fine
  304  imposed under this subsection which is not waived by final order
  305  of the commission and which remains unpaid more than 60 days
  306  after the notice of payment due or more than 60 days after the
  307  commission renders a final order on the appeal must be submitted
  308  to the Department of Financial Services as a claim, debt, or
  309  other obligation owed to the state, and the department shall
  310  assign the collection of such fine to a collection agent as
  311  provided in s. 17.20.
  312         Section 3. Effective January 1, 2023, paragraphs (d) and
  313  (e) are added to subsection (1) of section 112.3144, Florida
  314  Statutes, to read:
  315         112.3144 Full and public disclosure of financial
  316  interests.—
  317         (1)
  318         (d)The following local officers must comply with the
  319  financial disclosure requirements of s. 8, Art. II of the State
  320  Constitution and this section:
  321         1.Mayors.
  322         2.City commissioners.
  323         3.Elected members of a city council; town council; village
  324  council; or other governing body of a city, town, or village.
  325         4.City, county, town, or village managers.
  326         (e)Each member of the commission and the Florida Elections
  327  Commission must comply with the financial disclosure
  328  requirements of s. 8, Art. II of the State Constitution and this
  329  section.
  330         Section 4. Subsections (4), (5), and (6) are added to
  331  section 112.31445, Florida Statutes, to read:
  332         112.31445 Electronic filing system; full and public
  333  disclosure of financial interests.—
  334         (4) The commission shall publish a notice on the electronic
  335  filing system instructing filers to redact a social security
  336  number; a bank, mortgage, or brokerage account number; a debit,
  337  charge, or credit card number; a personal identification number;
  338  or a taxpayer identification number in their filings.
  339         (5) The commission shall post a notice on the main webpage
  340  of the electronic filing system informing filers that the
  341  electronic filing system will not accept any electronic filings
  342  until January 1, 2023, and that paper forms must be used through
  343  December 31, 2022, in accordance with s. 112.3144(2). The
  344  commission may not remove the notice until January 1, 2023.
  345         (6)The electronic filing system must allow a filer to
  346  include attachments or other supporting documentation when
  347  submitting a disclosure through the system.
  348         Section 5. Subsection (2) of section 112.31446, Florida
  349  Statutes, is amended to read:
  350         112.31446 Electronic filing system for financial
  351  disclosure.—
  352         (2) By January 1, 2022, the commission shall procure and
  353  test an electronic filing system. Upon the electronic filing
  354  system’s implementation At a minimum, the electronic filing
  355  system must meet the following minimum requirements:
  356         (a) Provide access through the Internet for the completion
  357  and submission of disclosures of financial interests, statements
  358  of financial interests, or any other form that is required under
  359  s. 112.3144 or s. 112.3145.
  360         (b) Make filings available in a searchable format that is
  361  accessible by an individual using standard Internet-browsing
  362  software.
  363         (c) Issue a verification or receipt that the commission has
  364  received the submitted disclosure or statement.
  365         (d) Provide security that prevents unauthorized access to
  366  the electronic filing system’s functions or data.
  367         (e) Provide a method for an attorney or a certified public
  368  accountant licensed in this state to complete the disclosure or
  369  statement and certify that he or she prepared the disclosure or
  370  statement in accordance with s. 112.3144 or s. 112.3145 and the
  371  instructions for completing the disclosure or statement, and
  372  that, upon his or her reasonable knowledge and belief, the
  373  information on the disclosure or statement is true and correct.
  374         (f) Allow a filer to include attachments or other
  375  supporting documentation when submitting a disclosure or a
  376  statement through the system.
  377         Section 6. Paragraphs (d) and (e) of subsection (2),
  378  paragraphs (a) and (c) of subsection (4), and paragraphs (b) and
  379  (c) of subsection (8) of section 112.3145, Florida Statutes, are
  380  amended to read:
  381         112.3145 Disclosure of financial interests and clients
  382  represented before agencies.—
  383         (2)
  384         (d) State officers and specified state employees shall file
  385  their statements of financial interests with the commission.
  386  Through December 31, 2023, local officers shall file their
  387  statements of financial interests with the supervisor of
  388  elections of the county in which they permanently reside.
  389  Through December 31, 2023, local officers who do not permanently
  390  reside in any county in this the state shall file their
  391  statements of financial interests with the supervisor of
  392  elections of the county in which their agency maintains its
  393  headquarters. Persons seeking to qualify as candidates for local
  394  public office shall file their statements of financial interests
  395  with the officer before whom they qualify.
  396         (e) Beginning January 1, 2024 2023, a statement of
  397  financial interests and a final statement of financial
  398  interests, and any amendments thereto, or any other form
  399  required by this section, except any statement of a candidate
  400  who is not subject to an annual filing requirement, all
  401  statements filed with the commission must be filed
  402  electronically through an electronic filing system that is
  403  created and maintained by the commission as provided in s.
  404  112.31446. Through December 31, 2023, the commission may only
  405  accept from filers who file with the commission a statement of
  406  financial interests, a final statement of financial interests,
  407  and any amendments thereto, or any other form required by this
  408  section submitted in paper form. The commission shall post a
  409  notice on its website informing filers who file with the
  410  commission that paper forms must be used for filing through
  411  December 31, 2023. The commission may not remove the notice
  412  until January 1, 2024.
  413         (4)(a) Beginning January 1, 2023, a filer may not include
  414  in a filing to the commission a federal income tax return or a
  415  copy of thereof; a social security number; a bank, mortgage, or
  416  brokerage account number; a debit, charge, or credit card
  417  number; a personal identification number; or a taxpayer
  418  identification number. If a filer includes such information in
  419  his or her filing, the information may be made available as part
  420  of the official records of the commission available for public
  421  inspection and copying unless redaction is requested by the
  422  filer. The commission is not liable for the release of social
  423  security numbers, bank account numbers, or debit, charge, or
  424  credit card numbers included in a filing to the commission if
  425  the filer has not requested redaction of the information.
  426         (c) The commission must conspicuously post a notice, in
  427  substantially the following form, in the instructions for the
  428  electronic filing system specifying that:
  429         1. Any filer submitting information through the electronic
  430  filing system may not include a federal income tax return or a
  431  copy thereof; a social security number; a bank, mortgage, or
  432  brokerage account number; a debit, charge, or credit card
  433  number; a personal identification number; or a taxpayer
  434  identification number in any filing unless required by law.
  435         2. Information submitted through the electronic filing
  436  system may be open to public inspection and copying.
  437         3. Any filer has a right to request that the commission
  438  redact from his or her filing any social security number, bank
  439  account number, or debit, charge, or credit card number
  440  contained in the filing. Such request must be made in writing
  441  and delivered to the commission. The request must specify the
  442  information to be redacted and the specific section or sections
  443  of the disclosure in which it was included.
  444         (8) Forms for compliance with the disclosure requirements
  445  of this section and a current list of persons subject to
  446  disclosure shall be created by the commission and provided to
  447  each supervisor of elections. The commission and each supervisor
  448  of elections shall give notice of disclosure deadlines and
  449  delinquencies and distribute forms in the following manner:
  450         (b) Not later than June 1 of each year, the commission and
  451  each supervisor of elections, as appropriate, shall distribute a
  452  copy of the form prescribed for compliance with subsection (3)
  453  and a notice of all applicable disclosure forms and filing
  454  deadlines to each person required to file a statement of
  455  financial interests. Beginning January 1, 2024 2023, no paper
  456  forms will not be provided. The notice required under this
  457  paragraph and instructions for electronic submission must be
  458  delivered by e-mail.
  459         (c) Not later than August 1 of each year, the commission
  460  and each supervisor of elections shall determine which persons
  461  required to file a statement of financial interests in their
  462  respective offices have failed to do so and shall send
  463  delinquency notices to these persons. Through December 31, 2023,
  464  delinquency notices must be sent by certified mail, return
  465  receipt requested. Each notice must state that a grace period is
  466  in effect until September 1 of the current year; that no
  467  investigative or disciplinary action based upon the delinquency
  468  will be taken by the agency head or commission if the statement
  469  is filed by September 1 of the current year; that, if the
  470  statement is not filed by September 1 of the current year, a
  471  fine of $25 for each day late will be imposed, up to a maximum
  472  penalty of $1,500; for notices distributed by a supervisor of
  473  elections, that he or she is required by law to notify the
  474  commission of the delinquency; and that, if upon the filing of a
  475  sworn complaint the commission finds that the person has failed
  476  to timely file the statement within 60 days after September 1 of
  477  the current year, such person will also be subject to the
  478  penalties provided in s. 112.317. Beginning January 1, 2024
  479  2023, notice required under this paragraph:
  480         1.May not be sent by certified mail.
  481         2. Must be delivered by e-mail and must be redelivered on a
  482  weekly basis by e-mail as long as the person remains delinquent.
  483         Section 7. Effective January 1, 2023, paragraph (b) of
  484  subsection (2) of section 112.3145, Florida Statutes, is amended
  485  to read:
  486         112.3145 Disclosure of financial interests and clients
  487  represented before agencies.—
  488         (2)
  489         (b) Each state or local officer, except local officers
  490  specified in s. 112.3144(1)(d), and each specified state
  491  employee shall file a statement of financial interests no later
  492  than July 1 of each year. Each state officer, local officer, and
  493  specified state employee shall file a final statement of
  494  financial interests within 60 days after leaving his or her
  495  public position for the period between January 1 of the year in
  496  which the person leaves and the last day of office or
  497  employment, unless within the 60-day period the person takes
  498  another public position requiring financial disclosure under
  499  this section or s. 8, Art. II of the State Constitution or
  500  otherwise is required to file full and public disclosure or a
  501  statement of financial interests for the final disclosure
  502  period. Each state or local officer who is appointed and each
  503  specified state employee who is employed shall file a statement
  504  of financial interests within 30 days after from the date of
  505  appointment or, in the case of a specified state employee, after
  506  from the date on which the employment begins, except that any
  507  person whose appointment is subject to confirmation by the
  508  Senate shall file before prior to confirmation hearings or
  509  within 30 days after from the date of appointment, whichever
  510  comes first.
  511         Section 8. Paragraph (a) of subsection (11) of section
  512  112.324, Florida Statutes, is amended to read:
  513         112.324 Procedures on complaints of violations and
  514  referrals; public records and meeting exemptions.—
  515         (11)(a) Notwithstanding subsections (1)-(8), the commission
  516  may dismiss any complaint or referral at any stage of
  517  disposition if it determines that the violation that is alleged
  518  or has occurred is a de minimis violation attributable to
  519  inadvertent or unintentional error. In determining whether a
  520  violation was de minimis, the commission shall consider whether
  521  the interests of the public were protected despite the
  522  violation. This subsection does not apply to complaints or
  523  referrals pursuant to ss. 112.3144 and 112.3145.
  524         Section 9. (1) The Commission on Ethics is authorized, and
  525  all conditions are deemed met, to adopt emergency rules pursuant
  526  to s. 120.54(4), Florida Statutes, for adopting the form for the
  527  full and public disclosure of financial interests, and any
  528  related filing instructions and procedures, to implement the
  529  amendments made by this act.
  530         (2) Notwithstanding any other law, emergency rules adopted
  531  pursuant to subsection (1) are effective for 6 months after
  532  adoption and may be renewed during the pendency of permanent
  533  rules addressing the subject of the emergency rules.
  534         (3) This section expires January 1, 2023.
  535         Section 10. Except as otherwise expressly provided in this
  536  act, this act shall take effect upon becoming a law.