Senate Bill sb2642c1
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Florida Senate - 2006 CS for SB 2642
By the Committee on Governmental Oversight and Productivity;
and Senator Posey
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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 filing requirements;
9 providing requirements for the system;
10 providing for rules; amending ss. 112.3144,
11 F.S., relating to disclosure of financial
12 interests, and 112.3145, F.S., relating to
13 disclosure of financial interests and clients
14 represented before agencies; conforming those
15 sections to changes made by the act; providing
16 an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Section 112.3152, Florida Statutes, is
21 created to read:
22 112.3152 Electronic filing of statements.--
23 (1) As used in this section, the term "electronic
24 filing system" means an Internet system for recording and
25 reporting public information filed with and maintained by the
26 commission by reporting period.
27 (2) Each individual who files statements or reports in
28 accordance with s. 112.3144, s. 112.3145, s. 112.3148, s.
29 112.3149, or s. 8, Art. II of the State Constitution with the
30 commission must file such statements or reports with the
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1 commission by means of the commission's electronic filing
2 system.
3 (3) Statements or reports filed pursuant to this
4 section must be completed and filed through the electronic
5 filing system no later than midnight of the day designated.
6 Statements not filed by midnight of the day designated are
7 late-filed and are subject to the penalties under s. 112.317,
8 s. 112.3144, or s. 112.3145, as applicable. Attachments filed
9 as part of or in conjunction with the statements or reports
10 filed electronically pursuant to this section must be filed
11 not later than 5 p.m. of the due date. A statement or report
12 filed electronically pursuant to this section may not be
13 considered timely regardless of when filed with the commission
14 unless all required attachments are timely filed. Any
15 attachment that is postmarked by the United States Postal
16 Service by midnight of the due date is deemed to have been
17 filed in a timely manner, and a certificate of mailing
18 obtained from and dated by the United States Postal Service at
19 the time of mailing, or a receipt from an established courier
20 company which bears a date on or before the due date,
21 constitutes proof of mailing in a timely manner.
22 (4) Each statement or report filed pursuant to this
23 section and filed in accordance with s. 112.3144 or s.
24 112.3148(8) is considered to be given under oath by the
25 individual. Each individual who files a statement or report
26 pursuant to this section is subject to s. 112.317, s.
27 112.3144, s. 112.3145, s. 112.3148, or s. 112.3149, as
28 applicable. Persons given a secure sign-on to the electronic
29 filing system are responsible for protecting it from
30 disclosure and are responsible for all filings using such
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1 credentials, unless they have notified the commission that
2 their credentials have been compromised.
3 (5) The electronic filing system developed by the
4 commission must:
5 (a) Be based on access by means of the Internet.
6 (b) Be accessible by anyone with Internet access using
7 standard web-browsing software.
8 (c) Provide for direct entry of information and may
9 provide for the upload of such information from software
10 certified by the commission.
11 (d) Provide a method that prevents unauthorized access
12 to electronic filing system functions.
13 (6) The commission shall adopt rules pursuant to ss.
14 120.54 and 112.322(9) to administer this section and provide
15 for the statements or reports required to be filed pursuant to
16 this section. Such rules must, at a minimum, provide:
17 (a) Alternate filing procedures in case the
18 commission's electronic filing system is not operable.
19 (b) For the issuance of an electronic receipt to the
20 person submitting the statement or report indicating the date
21 and time the statement or report was filed and verifying that
22 the statement or report has been filed.
23 (c) For the collection of information, if necessary,
24 to issue an electronic receipt.
25 (7) The commission shall make available on the
26 Internet in an easily understood and accessible format all
27 statements and reports filed with the commission in accordance
28 with this section.
29 Section 2. Subsection (4) of section 112.3144, Florida
30 Statutes, is amended to read:
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1 112.3144 Full and public disclosure of financial
2 interests.--
3 (4) Forms for compliance with the full and public
4 disclosure requirements of s. 8, Art. II of the State
5 Constitution shall be created by the Commission on Ethics. The
6 commission shall give notice of disclosure deadlines and
7 delinquencies and distribute forms in the following manner:
8 (a) Not later than May 1 of each year, the commission
9 shall prepare a current list of the names and addresses of and
10 the offices held by every person required to file full and
11 public disclosure annually by s. 8, Art. II of the State
12 Constitution, or other state law. In compiling the list, the
13 commission shall be assisted by each unit of government in
14 providing at the request of the commission the name, address,
15 and name of the office held by each public official within the
16 respective unit of government.
17 (b) Not later than 30 days before July 1 of each year,
18 the commission shall mail a copy of the form prescribed for
19 compliance with full and public disclosure and a notice of the
20 filing deadline to each person on the mailing list.
21 (c) Not later than 30 days after July 1 of each year,
22 the commission shall determine which persons on the mailing
23 list have failed to file full and public disclosure and shall
24 send delinquency notices by certified mail to such persons.
25 Each notice shall state that a grace period is in effect until
26 September 1 of the current year.
27 (d) Statements must be filed by electronic means as
28 provided in s. 112.3152 not later than 5 p.m. of the due date.
29 However, any statement that is postmarked by the United States
30 Postal Service by midnight of the due date is deemed to have
31 been filed in a timely manner, and a certificate of mailing
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1 obtained from and dated by the United States Postal Service at
2 the time of the mailing, or a receipt from an established
3 courier company which bears a date on or before the due date,
4 constitutes proof of mailing in a timely manner.
5 (e) Any person who is required to file full and public
6 disclosure of financial interests and whose name is on the
7 commission's mailing list but who fails to timely file is
8 assessed a fine of $25 per day for each day late up to a
9 maximum of $1,500; however this $1,500 limitation on automatic
10 fines does not limit the civil penalty that may be imposed if
11 the statement is filed more than 60 days after the deadline
12 and a complaint is filed, as provided in s. 112.324. The
13 commission must provide by rule the grounds for waiving the
14 fine and the procedures by which each person whose name is on
15 the mailing list and who is determined to have not filed in a
16 timely manner will be notified of assessed fines and may
17 appeal. The rule must provide for and make specific the
18 following:
19 1. The amount of the fine due is based upon the
20 earliest of the following:
21 a. For statements or reports filed electronically:
22 When a statement is actually received by the office.
23 (I) When a statement or report is actually received by
24 the office.
25 (II) When the electronic receipt issued pursuant to s.
26 112.3152 is dated.
27 b. For attachments filed as part of or in conjunction
28 with the statements or reports filed electronically pursuant
29 to s. 112.3152: When the statement is postmarked.
30 (I) When the attachment is actually received by the
31 office.
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1 (II) When the attachment is postmarked.
2 (III)c. When the certificate of mailing is dated.
3 (IV)d. When the receipt from an established courier
4 company is dated.
5 2. Upon receipt of the disclosure statement or upon
6 accrual of the maximum penalty, whichever occurs first, the
7 commission shall determine the amount of the fine which is due
8 and shall notify the delinquent person. The notice must
9 include an explanation of the appeal procedure under
10 subparagraph 3. Such fine must be paid within 30 days after
11 the notice of payment due is transmitted, unless appeal is
12 made to the commission pursuant to subparagraph 3. The moneys
13 shall be deposited into the General Revenue Fund.
14 3. Any reporting person may appeal or dispute a fine,
15 based upon unusual circumstances surrounding the failure to
16 file on the designated due date, and may request and is
17 entitled to a hearing before the commission, which may waive
18 the fine in whole or in part for good cause shown. Any such
19 request must be made within 30 days after the notice of
20 payment due is transmitted. In such a case, the reporting
21 person must, within the 30-day period, notify the person
22 designated to review the timeliness of reports in writing of
23 his or her intention to bring the matter before the
24 commission.
25 Section 3. Subsection (6) of section 112.3145, Florida
26 Statutes, is amended to read:
27 112.3145 Disclosure of financial interests and clients
28 represented before agencies.--
29 (6) Forms for compliance with the disclosure
30 requirements of this section and a current list of persons
31 subject to disclosure shall be created by the commission and
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1 provided to each supervisor of elections. The commission and
2 each supervisor of elections shall give notice of disclosure
3 deadlines and delinquencies and each supervisor of elections
4 shall distribute forms in the following manner:
5 (a)1. Not later than May 1 of each year, the
6 commission shall prepare a current list of the names and
7 addresses of, and the offices or positions held by, every
8 state officer, local officer, and specified employee. In
9 compiling the list, the commission shall be assisted by each
10 unit of government in providing, at the request of the
11 commission, the name, address, and name of agency of, and the
12 office or position held by, each state officer, local officer,
13 or specified state employee within the respective unit of
14 government.
15 2. Not later than May 15 of each year, the commission
16 shall provide each supervisor of elections with a current
17 mailing list of all local officers required to file with such
18 supervisor of elections.
19 (b) Not later than 30 days before July 1 of each year,
20 the commission and each supervisor of elections, as
21 appropriate, shall mail a copy of the form prescribed for
22 compliance with subsection (3). Not later than 30 days before
23 July 1 of each year, the commission and each supervisor of
24 elections, as appropriate, shall mail a notice of all
25 applicable disclosure forms and filing deadlines to each
26 person required to file a statement of financial interests.
27 (c) Not later than 30 days after July 1 of each year,
28 the commission and each supervisor of elections shall
29 determine which persons required to file a statement of
30 financial interests in their respective offices have failed to
31 do so and shall send delinquency notices by certified mail to
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1 such persons. Each notice shall state that a grace period is
2 in effect until September 1 of the current year; that no
3 investigative or disciplinary action based upon the
4 delinquency will be taken by the agency head or commission if
5 the statement is filed by September 1 of the current year;
6 that, if the statement is not filed by September 1 of the
7 current year, a fine of $25 for each day late will be imposed,
8 up to a maximum penalty of $1,500; for notices sent by a
9 supervisor of elections, that he or she is required by law to
10 notify the commission of the delinquency; and that, if upon
11 the filing of a sworn complaint the commission finds that the
12 person has failed to timely file the statement within 60 days
13 after September 1 of the current year, such person will also
14 be subject to the penalties provided in s. 112.317.
15 (d) No later than November 15 of each year, the
16 supervisor of elections in each county shall certify to the
17 commission a list of the names and addresses of, and the
18 offices or positions held by, all persons who have failed to
19 timely file the required statements of financial interests.
20 The certification must include the earliest of the dates
21 described in subparagraph (f)1. The certification shall be on
22 a form prescribed by the commission and shall indicate whether
23 the supervisor of elections has provided the disclosure forms
24 and notice as required by this subsection to all persons named
25 on the delinquency list.
26 (e) Statements filed with the commission must be filed
27 by electronic means as provided in s. 112.3152. All other
28 statements must be filed not later than 5 p.m. of the due
29 date. However, any statement that is not required to be filed
30 pursuant to s. 112.3152 and that is postmarked by the United
31 States Postal Service by midnight of the due date is deemed to
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Florida Senate - 2006 CS for SB 2642
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1 have been filed in a timely manner, and a certificate of
2 mailing obtained from and dated by the United States Postal
3 Service at the time of the mailing, or a receipt from an
4 established courier company which bears a date on or before
5 the due date, constitutes proof of mailing in a timely manner.
6 (f) Any person who is required to file a statement of
7 financial interests and whose name is on the commission's
8 mailing list but who fails to timely file is assessed a fine
9 of $25 per day for each day late up to a maximum of $1,500;
10 however, this $1,500 limitation on automatic fines does not
11 limit the civil penalty that may be imposed if the statement
12 is filed more than 60 days after the deadline and a complaint
13 is filed, as provided in s. 112.324. The commission must
14 provide by rule the grounds for waiving the fine and
15 procedures by which each person whose name is on the mailing
16 list and who is determined to have not filed in a timely
17 manner will be notified of assessed fines and may appeal. The
18 rule must provide for and make specific the following:
19 1. The amount of the fine due is based upon the
20 earliest of the following:
21 a. For statements filed with the commission:
22 (I) When the statement is actually received by the
23 office.
24 (II) When the electronic receipt issued pursuant to s.
25 112.3152 is dated.
26 b. For attachments filed as part of or in conjunction
27 with the statements or reports filed electronically pursuant
28 to s. 112.3152 and all other statements:
29 (I)a. When a statement or attachment is actually
30 received by the office.
31 (II)b. When the statement or attachment is postmarked.
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1 (III)c. When the certificate of mailing is dated.
2 (IV)d. When the receipt from an established courier
3 company is dated.
4 2. For a specified state employee or a state officer,
5 upon receipt of the disclosure statement by the commission or
6 upon accrual of the maximum penalty, whichever occurs first,
7 and for a local officer upon receipt by the commission of the
8 certification from the local officer's supervisor of elections
9 pursuant to paragraph (d), the commission shall determine the
10 amount of the fine which is due and shall notify the
11 delinquent person. The notice must include an explanation of
12 the appeal procedure under subparagraph 3. The fine must be
13 paid within 30 days after the notice of payment due is
14 transmitted, unless appeal is made to the commission pursuant
15 to subparagraph 3. The moneys are to be deposited into the
16 General Revenue Fund.
17 3. Any reporting person may appeal or dispute a fine,
18 based upon unusual circumstances surrounding the failure to
19 file on the designated due date, and may request and is
20 entitled to a hearing before the commission, which may waive
21 the fine in whole or in part for good cause shown. Any such
22 request must be made within 30 days after the notice of
23 payment due is transmitted. In such a case, the reporting
24 person must, within the 30-day period, notify the person
25 designated to review the timeliness of reports in writing of
26 his or her intention to bring the matter before the
27 commission.
28 Section 4. This act shall take effect January 1, 2008.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2642
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4 Clarifies that attachments may be filed as part of statements
or reports filed electronically.
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Provides deadlines for such attachments and penalties for
6 timely filing.
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