Senate Bill sb2642

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    Florida Senate - 2006                                  SB 2642

    By Senator Posey





    24-1594C-06

  1                      A bill to be entitled

  2         An act relating to disclosures by public

  3         officers and employees; creating s. 112.3152,

  4         F.S.; requiring persons who file disclosure of

  5         financial interests, gifts, and honoraria with

  6         the Commission on Ethics to do so

  7         electronically on a filing system developed by

  8         the commission; providing requirements for the

  9         system; providing for rules; amending ss.

10         112.3144, F.S., relating to disclosure of

11         financial interests, and 112.3145, F.S.,

12         relating to disclosure of financial interests

13         and clients represented before agencies;

14         conforming those sections to changes made by

15         the act; providing an effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Section 112.3152, Florida Statutes, is

20  created to read:

21         112.3152  Electronic filing of statements.--

22         (1)  As used in this section, the term "electronic

23  filing system" means an Internet system for recording and

24  reporting public information filed with and maintained by the

25  commission by reporting period.

26         (2)  Each individual who files statements or reports in

27  accordance with s. 112.3144, s. 112.3145, s. 112.3148, s.

28  112.3149, or s. 8, Art. II of the State Constitution with the

29  commission must file such statements or reports with the

30  commission by means of the commission's electronic filing

31  system.

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    Florida Senate - 2006                                  SB 2642
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 1         (3)  Statements or reports filed pursuant to this

 2  section must be completed and filed through the electronic

 3  filing system no later than midnight of the day designated.

 4  Statements not filed by midnight of the day designated are

 5  late-filed and are subject to the penalties under s. 112.317,

 6  s. 112.3144, or s. 112.3145, as applicable.

 7         (4)  Each statement or report filed pursuant to this

 8  section and filed in accordance with s. 112.3144 or s.

 9  112.3148(8) is considered to be given under oath by the

10  individual. Each individual who files a statement or report

11  pursuant to this section is subject to s. 112.317, s.

12  112.3144, s. 112.3145, s. 112.3148, or s. 112.3149, as

13  applicable. Persons given a secure sign-on to the electronic

14  filing system are responsible for protecting it from

15  disclosure and are responsible for all filings using such

16  credentials, unless they have notified the commission that

17  their credentials have been compromised.

18         (5)  The electronic filing system developed by the

19  commission must:

20         (a)  Be based on access by means of the Internet.

21         (b)  Be accessible by anyone with Internet access using

22  standard web-browsing software.

23         (c)  Provide for direct entry of information and may

24  provide for the upload of such information from software

25  certified by the commission.

26         (d)  Provide a method that prevents unauthorized access

27  to electronic filing system functions.

28         (6)  The commission shall adopt rules pursuant to ss.

29  120.54 and 112.322(9) to administer this section and provide

30  for the statements or reports required to be filed pursuant to

31  this section. Such rules must, at a minimum, provide:

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    Florida Senate - 2006                                  SB 2642
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 1         (a)  Alternate filing procedures in case the

 2  commission's electronic filing system is not operable.

 3         (b)  For the issuance of an electronic receipt to the

 4  person submitting the statement or report indicating the date

 5  and time the statement or report was filed and verifying that

 6  the statement or report has been filed.

 7         (c)  For the collection of information, if necessary,

 8  to issue an electronic receipt.

 9         (7)  The commission shall make available on the

10  Internet in an easily understood and accessible format all

11  statements and reports filed with the commission in accordance

12  with this section.

13         Section 2.  Subsection (4) of section 112.3144, Florida

14  Statutes, is amended to read:

15         112.3144  Full and public disclosure of financial

16  interests.--

17         (4)  Forms for compliance with the full and public

18  disclosure requirements of s. 8, Art. II of the State

19  Constitution shall be created by the Commission on Ethics. The

20  commission shall give notice of disclosure deadlines and

21  delinquencies and distribute forms in the following manner:

22         (a)  Not later than May 1 of each year, the commission

23  shall prepare a current list of the names and addresses of and

24  the offices held by every person required to file full and

25  public disclosure annually by s. 8, Art. II of the State

26  Constitution, or other state law. In compiling the list, the

27  commission shall be assisted by each unit of government in

28  providing at the request of the commission the name, address,

29  and name of the office held by each public official within the

30  respective unit of government.

31  

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    Florida Senate - 2006                                  SB 2642
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 1         (b)  Not later than 30 days before July 1 of each year,

 2  the commission shall mail a copy of the form prescribed for

 3  compliance with full and public disclosure and a notice of the

 4  filing deadline to each person on the mailing list.

 5         (c)  Not later than 30 days after July 1 of each year,

 6  the commission shall determine which persons on the mailing

 7  list have failed to file full and public disclosure and shall

 8  send delinquency notices by certified mail to such persons.

 9  Each notice shall state that a grace period is in effect until

10  September 1 of the current year.

11         (d)  Statements must be filed by electronic means as

12  provided in s. 112.3152 not later than 5 p.m. of the due date.

13  However, any statement that is postmarked by the United States

14  Postal Service by midnight of the due date is deemed to have

15  been filed in a timely manner, and a certificate of mailing

16  obtained from and dated by the United States Postal Service at

17  the time of the mailing, or a receipt from an established

18  courier company which bears a date on or before the due date,

19  constitutes proof of mailing in a timely manner.

20         (e)  Any person who is required to file full and public

21  disclosure of financial interests and whose name is on the

22  commission's mailing list but who fails to timely file is

23  assessed a fine of $25 per day for each day late up to a

24  maximum of $1,500; however this $1,500 limitation on automatic

25  fines does not limit the civil penalty that may be imposed if

26  the statement is filed more than 60 days after the deadline

27  and a complaint is filed, as provided in s. 112.324. The

28  commission must provide by rule the grounds for waiving the

29  fine and the procedures by which each person whose name is on

30  the mailing list and who is determined to have not filed in a

31  timely manner will be notified of assessed fines and may

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    Florida Senate - 2006                                  SB 2642
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 1  appeal. The rule must provide for and make specific the

 2  following:

 3         1.  The amount of the fine due is based upon the

 4  earliest of the following:

 5         a.  When a statement is actually received by the

 6  office.

 7         b.  When the electronic receipt issued pursuant to s.

 8  112.3152 is dated statement is postmarked.

 9         c.  When the certificate of mailing is dated.

10         d.  When the receipt from an established courier

11  company is dated.

12         2.  Upon receipt of the disclosure statement or upon

13  accrual of the maximum penalty, whichever occurs first, the

14  commission shall determine the amount of the fine which is due

15  and shall notify the delinquent person. The notice must

16  include an explanation of the appeal procedure under

17  subparagraph 3. Such fine must be paid within 30 days after

18  the notice of payment due is transmitted, unless appeal is

19  made to the commission pursuant to subparagraph 3. The moneys

20  shall be deposited into the General Revenue Fund.

21         3.  Any reporting person may appeal or dispute a fine,

22  based upon unusual circumstances surrounding the failure to

23  file on the designated due date, and may request and is

24  entitled to a hearing before the commission, which may waive

25  the fine in whole or in part for good cause shown. Any such

26  request must be made within 30 days after the notice of

27  payment due is transmitted. In such a case, the reporting

28  person must, within the 30-day period, notify the person

29  designated to review the timeliness of reports in writing of

30  his or her intention to bring the matter before the

31  commission.

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    Florida Senate - 2006                                  SB 2642
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 1         Section 3.  Subsection (6) of section 112.3145, Florida

 2  Statutes, is amended to read:

 3         112.3145  Disclosure of financial interests and clients

 4  represented before agencies.--

 5         (6)  Forms for compliance with the disclosure

 6  requirements of this section and a current list of persons

 7  subject to disclosure shall be created by the commission and

 8  provided to each supervisor of elections. The commission and

 9  each supervisor of elections shall give notice of disclosure

10  deadlines and delinquencies and each supervisor of elections

11  shall distribute forms in the following manner:

12         (a)1.  Not later than May 1 of each year, the

13  commission shall prepare a current list of the names and

14  addresses of, and the offices or positions held by, every

15  state officer, local officer, and specified employee. In

16  compiling the list, the commission shall be assisted by each

17  unit of government in providing, at the request of the

18  commission, the name, address, and name of agency of, and the

19  office or position held by, each state officer, local officer,

20  or specified state employee within the respective unit of

21  government.

22         2.  Not later than May 15 of each year, the commission

23  shall provide each supervisor of elections with a current

24  mailing list of all local officers required to file with such

25  supervisor of elections.

26         (b)  Not later than 30 days before July 1 of each year,

27  the commission and each supervisor of elections, as

28  appropriate, shall mail a copy of the form prescribed for

29  compliance with subsection (3). Not later than 30 days before

30  July 1 of each year, the commission and each supervisor of

31  elections, as appropriate, shall mail a notice of all

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    Florida Senate - 2006                                  SB 2642
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 1  applicable disclosure forms and filing deadlines to each

 2  person required to file a statement of financial interests.

 3         (c)  Not later than 30 days after July 1 of each year,

 4  the commission and each supervisor of elections shall

 5  determine which persons required to file a statement of

 6  financial interests in their respective offices have failed to

 7  do so and shall send delinquency notices by certified mail to

 8  such persons.  Each notice shall state that a grace period is

 9  in effect until September 1 of the current year; that no

10  investigative or disciplinary action based upon the

11  delinquency will be taken by the agency head or commission if

12  the statement is filed by September 1 of the current year;

13  that, if the statement is not filed by September 1 of the

14  current year, a fine of $25 for each day late will be imposed,

15  up to a maximum penalty of $1,500; for notices sent by a

16  supervisor of elections, that he or she is required by law to

17  notify the commission of the delinquency; and that, if upon

18  the filing of a sworn complaint the commission finds that the

19  person has failed to timely file the statement within 60 days

20  after September 1 of the current year, such person will also

21  be subject to the penalties provided in s. 112.317.

22         (d)  No later than November 15 of each year, the

23  supervisor of elections in each county shall certify to the

24  commission a list of the names and addresses of, and the

25  offices or positions held by, all persons who have failed to

26  timely file the required statements of financial interests.

27  The certification must include the earliest of the dates

28  described in subparagraph (f)1. The certification shall be on

29  a form prescribed by the commission and shall indicate whether

30  the supervisor of elections has provided the disclosure forms

31  

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    Florida Senate - 2006                                  SB 2642
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 1  and notice as required by this subsection to all persons named

 2  on the delinquency list.

 3         (e)  Statements filed with the commission must be filed

 4  by electronic means as provided in s. 112.3152. All other

 5  statements must be filed not later than 5 p.m. of the due

 6  date. However, any statement that is not required to be filed

 7  pursuant to s. 112.3152 and that is postmarked by the United

 8  States Postal Service by midnight of the due date is deemed to

 9  have been filed in a timely manner, and a certificate of

10  mailing obtained from and dated by the United States Postal

11  Service at the time of the mailing, or a receipt from an

12  established courier company which bears a date on or before

13  the due date, constitutes proof of mailing in a timely manner.

14         (f)  Any person who is required to file a statement of

15  financial interests and whose name is on the commission's

16  mailing list but who fails to timely file is assessed a fine

17  of $25 per day for each day late up to a maximum of $1,500;

18  however, this $1,500 limitation on automatic fines does not

19  limit the civil penalty that may be imposed if the statement

20  is filed more than 60 days after the deadline and a complaint

21  is filed, as provided in s. 112.324. The commission must

22  provide by rule the grounds for waiving the fine and

23  procedures by which each person whose name is on the mailing

24  list and who is determined to have not filed in a timely

25  manner will be notified of assessed fines and may appeal. The

26  rule must provide for and make specific the following:

27         1.  The amount of the fine due is based upon the

28  earliest of the following:

29         a.  For statements filed with the commission:

30         (I)  When the statement is actually received by the

31  office.

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    Florida Senate - 2006                                  SB 2642
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 1         (II)  When the electronic receipt issued pursuant to s.

 2  112.3152 is dated.

 3         b.  For all other statements:

 4         (I)a.  When a statement is actually received by the

 5  office.

 6         (II)b.  When the statement is postmarked.

 7         (III)c.  When the certificate of mailing is dated.

 8         (IV)d.  When the receipt from an established courier

 9  company is dated.

10         2.  For a specified state employee or a state officer,

11  upon receipt of the disclosure statement by the commission or

12  upon accrual of the maximum penalty, whichever occurs first,

13  and for a local officer upon receipt by the commission of the

14  certification from the local officer's supervisor of elections

15  pursuant to paragraph (d), the commission shall determine the

16  amount of the fine which is due and shall notify the

17  delinquent person. The notice must include an explanation of

18  the appeal procedure under subparagraph 3. The fine must be

19  paid within 30 days after the notice of payment due is

20  transmitted, unless appeal is made to the commission pursuant

21  to subparagraph 3. The moneys are to be deposited into the

22  General Revenue Fund.

23         3.  Any reporting person may appeal or dispute a fine,

24  based upon unusual circumstances surrounding the failure to

25  file on the designated due date, and may request and is

26  entitled to a hearing before the commission, which may waive

27  the fine in whole or in part for good cause shown. Any such

28  request must be made within 30 days after the notice of

29  payment due is transmitted. In such a case, the reporting

30  person must, within the 30-day period, notify the person

31  designated to review the timeliness of reports in writing of

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 1  his or her intention to bring the matter before the

 2  commission.

 3         Section 4.  This act shall take effect January 1, 2008.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Requires public officers and employees who file
      disclosure of financial interests, gifts, or honoraria
 8    with the Commission on Ethics to do so using an
      Internet-based electronic filing system. Provides
 9    standards for such system. Provides for the commission to
      adopt rules to administer the creation and operation of
10    the system. Requires that information filed
      electronically be accessible electronically.
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