Florida Senate - 2019 CS for CS for SB 7040
By the Committees on Appropriations; Governmental Oversight and
Accountability; and Ethics and Elections
576-04187-19 20197040c2
1 A bill to be entitled
2 An act relating to financial disclosure; creating s.
3 112.31446, F.S.; providing definitions; requiring the
4 Commission on Ethics to procure and test an electronic
5 filing system by a certain date; providing
6 requirements for such system; providing duties of the
7 units of government, the commission, and persons
8 required to file a specified form; amending s.
9 112.312, F.S.; revising the definition of “disclosure
10 period”; amending ss. 112.3144 and 112.3145, F.S.;
11 requiring certain forms to be filed electronically
12 beginning on a specified date; prescribing the manner
13 of filing for purposes of candidate qualifying;
14 prohibiting a filer from including certain information
15 on a disclosure or statement; providing that the
16 commission is not liable for the release of certain
17 information under certain circumstances; requiring the
18 commission to redact certain information under certain
19 circumstances; requiring certain information be
20 delivered electronically; requiring the commission to
21 provide certain verification to a filer upon request;
22 requiring a declaration be submitted with a disclosure
23 or statement; specifying that certain actions do not
24 constitute an unusual circumstance; revising a
25 schedule to the State Constitution; amending s.
26 112.31455, F.S.; conforming cross-references to
27 changes made by the act; providing effective dates.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Section 112.31446, Florida Statutes, is created
32 to read:
33 112.31446 Electronic filing system for financial
34 disclosure.—
35 (1) As used in this section, the term:
36 (a) “Disclosure of financial interests” or “disclosure”
37 includes a full and public disclosure of financial interests and
38 a final full and public disclosure of financial interests, and
39 any amendments thereto.
40 (b) “Electronic filing system” means an Internet-based
41 system for receiving, reporting, and publishing disclosures of
42 financial interests, statements of financial interests, or any
43 other form that is required under s. 112.3144 or s. 112.3145.
44 (c) “Statement of financial interests” or “statement”
45 includes a statement of financial interests and a final
46 statement of financial interests, and any amendments thereto.
47 (2) By January 1, 2022, the commission shall procure and
48 test an electronic filing system. At a minimum, the electronic
49 filing system must:
50 (a) Provide access through the Internet for the completion
51 and submission of disclosures of financial interests, statements
52 of financial interests, or any other form that is required under
53 s. 112.3144 or s. 112.3145.
54 (b) Make filings available in a searchable format that is
55 accessible by an individual using standard Internet-browsing
56 software.
57 (c) Issue a verification or receipt that the commission has
58 received the submitted disclosure or statement.
59 (d) Provide security that prevents unauthorized access to
60 the electronic filing system’s functions or data.
61 (e) Provide a method for an attorney or a certified public
62 accountant licensed in this state to complete the disclosure or
63 statement and certify that he or she prepared the disclosure or
64 statement in accordance with s. 112.3144 or s. 112.3145 and the
65 instructions for completing the disclosure or statement, and
66 that, upon his or her reasonable knowledge and belief, the
67 information on the disclosure or statement is true and correct.
68 (3) Each unit of government shall provide an e-mail address
69 to any of its officers, members, or employees who must file a
70 disclosure of financial interests or a statement of financial
71 interests, and provide such e-mail addresses to the commission
72 by February 1 of each year. A person required to file a
73 disclosure of financial interests or statement of financial
74 interests must inform the commission immediately of any change
75 in his or her e-mail address.
76 (4) The commission shall provide each person required to
77 file a disclosure of financial interests or statement of
78 financial interests a secure log-in to the electronic filing
79 system. Such person is responsible for protecting his or her
80 secure log-in credentials from disclosure and is responsible for
81 all filings submitted to the commission with such credentials,
82 unless the person has notified the commission that his or her
83 credentials have been compromised.
84 (5) If the electronic filing system is inoperable and
85 prevents timely submission of disclosures of financial interests
86 or statements of financial interests, as determined by the
87 commission chair, or if the Governor has declared a state of
88 emergency and a person required to submit a disclosure or
89 statement resides in an area included in the state of emergency
90 and is prevented from submitting the disclosure or statement
91 electronically, the commission chair must extend the filing
92 deadline for submission by such persons of disclosures or
93 statements by either the same period of time for which the
94 system was deemed inoperable or by 90 days for persons who
95 reside in an area included in a state of emergency, whichever is
96 applicable.
97 Section 2. Effective January 1, 2020, subsection (10) of
98 section 112.312, Florida Statutes, is amended to read:
99 112.312 Definitions.—As used in this part and for purposes
100 of the provisions of s. 8, Art. II of the State Constitution,
101 unless the context otherwise requires:
102 (10) “Disclosure period” means the calendar taxable year,
103 if disclosure is required for the entire year, or the portion of
104 a calendar year ending with the last day of the period for which
105 disclosure is required for the person or business entity,
106 whether based on a calendar or fiscal year, immediately
107 preceding the date on which, or the last day of the period
108 during which, the financial disclosure statement required by
109 this part is required to be filed.
110 Section 3. Section 112.3144, Florida Statutes, is amended
111 to read:
112 112.3144 Full and public disclosure of financial
113 interests.—
114 (1) An officer who is required by s. 8, Art. II of the
115 State Constitution to file a full and public disclosure of his
116 or her financial interests for any calendar or fiscal year, or
117 any other person required by law to file a disclosure under this
118 section, shall file that disclosure with the Florida Commission
119 on Ethics. Additionally, beginning January 1, 2015, an officer
120 who is required to complete annual ethics training pursuant to
121 s. 112.3142 must certify on his or her full and public
122 disclosure of financial interests that he or she has completed
123 the required training.
124 (2) Beginning January 1, 2022, all disclosures filed with
125 the commission must be filed electronically through an
126 electronic filing system created and maintained by the
127 commission as provided in s. 112.31446.
128 (3) A person who is required, pursuant to s. 8, Art. II of
129 the State Constitution, to file a full and public disclosure of
130 financial interests and who has filed a full and public
131 disclosure of financial interests for any calendar or fiscal
132 year shall not be required to file a statement of financial
133 interests pursuant to s. 112.3145(2) and (3) for the same year
134 or for any part thereof notwithstanding any requirement of this
135 part. Until the electronic filing system required by subsection
136 (2) is implemented, if an incumbent in an elective office has
137 filed the full and public disclosure of financial interests to
138 qualify for election to the same office or if a candidate for
139 office holds another office subject to the annual filing
140 requirement, the qualifying officer shall forward an electronic
141 copy of the full and public disclosure of financial interests to
142 the commission no later than July 1. The electronic copy of the
143 full and public disclosure of financial interests satisfies the
144 annual disclosure requirement of this section. A candidate who
145 does not qualify until after the annual full and public
146 disclosure of financial interests has been filed pursuant to
147 this section shall file a copy of his or her disclosure with the
148 officer before whom he or she qualifies.
149 (4) Beginning January 1, 2022, an incumbent in an elective
150 office or a candidate holding another position subject to an
151 annual filing requirement may submit either a copy of the full
152 and public disclosure of financial interests filed with the
153 commission, or a verification or receipt of the filing, with the
154 officer before whom he or she qualifies. A candidate not subject
155 to an annual filing requirement does not file with the
156 commission, but may complete and print a full and public
157 disclosure of financial interests to file with the officer
158 before whom he or she qualifies.
159 (5)(3) For purposes of full and public disclosure under s.
160 8(a), Art. II of the State Constitution, the following items, if
161 not held for investment purposes and if valued at over $1,000 in
162 the aggregate, may be reported in a lump sum and identified as
163 “household goods and personal effects”:
164 (a) Jewelry;
165 (b) Collections of stamps, guns, and numismatic properties;
166 (c) Art objects;
167 (d) Household equipment and furnishings;
168 (e) Clothing;
169 (f) Other household items; and
170 (g) Vehicles for personal use.
171 (6)(a)(4)(a) With respect to reporting, on forms prescribed
172 under this section, assets valued in excess of $1,000 which the
173 reporting individual holds jointly with another person, the
174 amount reported shall be based on the reporting individual’s
175 legal percentage of ownership in the property. However, assets
176 that are held jointly, with right of survivorship, must be
177 reported at 100 percent of the value of the asset. For purposes
178 of this subsection, a reporting individual is deemed to own a
179 percentage of a partnership which is equal to the reporting
180 individual’s interest in the capital or equity of the
181 partnership.
182 (b)1. With respect to reporting liabilities valued in
183 excess of $1,000 on forms prescribed under this section for
184 which the reporting individual is jointly and severally liable,
185 the amount reported shall be based on the reporting individual’s
186 percentage of liability rather than the total amount of the
187 liability. However, liability for a debt that is secured by
188 property owned by the reporting individual but that is held
189 jointly, with right of survivorship, must be reported at 100
190 percent of the total amount owed.
191 2. A separate section of the form shall be created to
192 provide for the reporting of the amounts of joint and several
193 liability of the reporting individual not otherwise reported in
194 subparagraph 1.
195 (c) Each separate source and amount of income which exceeds
196 $1,000 must be identified. Beginning January 1, 2022, a federal
197 income tax return may not be used for purposes of reporting
198 income, and the commission may not accept a federal income tax
199 return or a copy thereof.
200 (7)(a) Beginning January 1, 2022, a filer may not include
201 in a filing to the commission a federal income tax return, or a
202 copy thereof; a social security number; a bank, mortgage, or
203 brokerage account number; a debit, charge, or credit card
204 number; a personal identification number; or a taxpayer
205 identification number. If a filer includes such information in
206 his or her filing, the information may be made available as part
207 of the official records of the commission available for public
208 inspection and copying unless redaction is requested by the
209 filer. The commission is not liable for the release of social
210 security numbers or bank account, debit, charge, or credit card
211 numbers included in a filing to the commission if the filer has
212 not requested redaction of the information.
213 (b) The commission shall redact a filer’s social security
214 number; bank account number; debit, charge, or credit card
215 number; or any other personal or account information that is
216 legally protected from disclosure under state or federal law
217 upon written notification from the filer of its inadvertent
218 inclusion. Such notice must specify the information
219 inadvertently included and the specific section or sections of
220 the disclosure in which it was included.
221 (c) The commission must conspicuously post a notice, in
222 substantially the following form, in the instructions for the
223 electronic filing system specifying that:
224 1. Any filer submitting information through the electronic
225 filing system may not include a federal income tax return, or a
226 copy thereof; a social security number; a bank, mortgage, or
227 brokerage account number; a debit, charge, or credit card
228 number; a personal identification number; or a taxpayer
229 identification number in any filing unless required by law.
230 2. Information submitted through the electronic filing
231 system may be open to public inspection and copying.
232 3. Any filer has a right to request the commission to
233 redact from his or her filing any social security number; bank
234 account number; or debit, charge, or credit card number
235 contained in the filing. Such request must be made in writing
236 and delivered to the commission. The request must specify the
237 information to be redacted and the specific section or sections
238 of the disclosure in which it was included.
239 (8)(5) Forms or fields of information for compliance with
240 the full and public disclosure requirements of s. 8, Art. II of
241 the State Constitution shall be prescribed created by the
242 commission on Ethics. The commission shall give notice of
243 disclosure deadlines and delinquencies and distribute forms in
244 the following manner:
245 (a) Not later than May 1 of each year, the commission shall
246 prepare a current list of the names, e-mail addresses, and
247 physical addresses of and the offices held by every person
248 required to file full and public disclosure annually by s. 8,
249 Art. II of the State Constitution, or other state law. In
250 compiling the list, the commission shall be assisted by Each
251 unit of government shall assist the commission in compiling the
252 list by in providing to the commission not later than February 1
253 of each year at the request of the commission the name, e-mail
254 address, physical address, and name of the office held by such
255 person each public official within the respective unit of
256 government as of December 31 of the preceding year.
257 (b) Not later than June 1 30 days before July 1 of each
258 year, the commission shall distribute mail a copy of the form
259 prescribed for compliance with full and public disclosure and a
260 notice of the filing deadline to each person on the mailing
261 list. Beginning January 1, 2022, no paper forms will be
262 provided. The notice required under this paragraph and
263 instructions for electronic submission must be delivered by e
264 mail.
265 (c) Not later than August 1 30 days after July 1 of each
266 year, the commission shall determine which persons on the
267 mailing list have failed to file full and public disclosure and
268 shall send delinquency notices by certified mail to such
269 persons. Each notice must shall state that a grace period is in
270 effect until September 1 of the current year. Beginning January
271 1, 2022, the notice required under this paragraph must be
272 delivered by e-mail and must be redelivered on a weekly basis so
273 long as a person remains delinquent.
274 (d) Disclosures Statements must be received by the
275 commission filed not later than 5 p.m. of the due date. However,
276 any disclosure statement that is postmarked by the United States
277 Postal Service by midnight of the due date is deemed to have
278 been filed in a timely manner, and a certificate of mailing
279 obtained from and dated by the United States Postal Service at
280 the time of the mailing, or a receipt from an established
281 courier company which bears a date on or before the due date,
282 constitutes proof of mailing in a timely manner. Beginning
283 January 1, 2022, upon request of the filer, the commission must
284 provide verification to the filer that the commission has
285 received the filed disclosure.
286 (e) Beginning January 1, 2022, a written declaration, as
287 provided for under s. 92.525(2), accompanied by an electronic
288 signature satisfies the requirement that the disclosure be
289 sworn.
290 (f) Any person who is required to file full and public
291 disclosure of financial interests and whose name is on the
292 commission’s mailing list, and to whom notice has been sent, but
293 who fails to timely file is assessed a fine of $25 per day for
294 each day late up to a maximum of $1,500; however, this $1,500
295 limitation on automatic fines does not limit the civil penalty
296 that may be imposed if the statement is filed more than 60 days
297 after the deadline and a complaint is filed, as provided in s.
298 112.324. The commission must provide by rule the grounds for
299 waiving the fine and the procedures by which each person whose
300 name is on the mailing list and who is determined to have not
301 filed in a timely manner will be notified of assessed fines and
302 may appeal. The rule must provide for and make specific the
303 following:
304 1. The amount of the fine due is based upon the earliest of
305 the following:
306 a. When a statement is actually received by the office.
307 b. When the statement is postmarked.
308 c. When the certificate of mailing is dated.
309 d. When the receipt from an established courier company is
310 dated.
311 2. Upon receipt of the disclosure statement or upon accrual
312 of the maximum penalty, whichever occurs first, the commission
313 shall determine the amount of the fine which is due and shall
314 notify the delinquent person. The notice must include an
315 explanation of the appeal procedure under subparagraph 3. Such
316 fine must be paid within 30 days after the notice of payment due
317 is transmitted, unless appeal is made to the commission pursuant
318 to subparagraph 3. The moneys shall be deposited into the
319 General Revenue Fund.
320 3. Any reporting person may appeal or dispute a fine, based
321 upon unusual circumstances surrounding the failure to file on
322 the designated due date, and may request and is entitled to a
323 hearing before the commission, which may waive the fine in whole
324 or in part for good cause shown. Any such request must be in
325 writing and received by the commission made within 30 days after
326 the notice of payment due is transmitted. In such a case, the
327 reporting person must, within the 30-day period, notify the
328 person designated to review the timeliness of reports in writing
329 of his or her intention to bring the matter before the
330 commission. For purposes of this subparagraph, the term “unusual
331 circumstances” does not include the failure to monitor an e-mail
332 account or failure to receive notice if the person has not
333 notified the commission of a change in his or her e-mail
334 address.
335 (g)(f) Any person subject to the annual filing of full and
336 public disclosure under s. 8, Art. II of the State Constitution,
337 or other state law, whose name is not on the commission’s
338 mailing list of persons required to file full and public
339 disclosure is not subject to the fines or penalties provided in
340 this part for failure to file full and public disclosure in any
341 year in which the omission occurred, but nevertheless is
342 required to file the disclosure statement.
343 (h)(g) The notification requirements and fines of this
344 subsection do not apply to candidates or to the first filing
345 required of any person appointed to elective constitutional
346 office or other position required to file full and public
347 disclosure, unless the person’s name is on the commission’s
348 notification list and the person received notification from the
349 commission. The appointing official shall notify such newly
350 appointed person of the obligation to file full and public
351 disclosure by July 1. The notification requirements and fines of
352 this subsection do not apply to the final filing provided for in
353 subsection (10) (7).
354 (i)(h) Notwithstanding any provision of chapter 120, any
355 fine imposed under this subsection which is not waived by final
356 order of the commission and which remains unpaid more than 60
357 days after the notice of payment due or more than 60 days after
358 the commission renders a final order on the appeal must be
359 submitted to the Department of Financial Services as a claim,
360 debt, or other obligation owed to the state, and the department
361 shall assign the collection of such fine to a collection agent
362 as provided in s. 17.20.
363 (9)(6) If a person holding public office or public
364 employment fails or refuses to file a full and public disclosure
365 of financial interests for any year in which the person received
366 notice from the commission regarding the failure to file and has
367 accrued the maximum automatic fine authorized under this
368 section, regardless of whether the fine imposed was paid or
369 collected, the commission shall initiate an investigation and
370 conduct a public hearing without receipt of a complaint to
371 determine whether the person’s failure to file is willful. Such
372 investigation and hearing must be conducted in accordance with
373 s. 112.324. Except as provided in s. 112.324(4), if the
374 commission determines that the person willfully failed to file a
375 full and public disclosure of financial interests, the
376 commission shall enter an order recommending that the officer or
377 employee be removed from his or her public office or public
378 employment. The commission shall forward its recommendations as
379 provided in s. 112.324.
380 (10)(7) Each person required to file full and public
381 disclosure of financial interests shall file a final disclosure
382 statement within 60 days after leaving his or her public
383 position for the period between January 1 of the year in which
384 the person leaves and the last day of office or employment,
385 unless within the 60-day period the person takes another public
386 position requiring financial disclosure under s. 8, Art. II of
387 the State Constitution, or is otherwise required to file full
388 and public disclosure for the final disclosure period. The head
389 of the agency of each person required to file full and public
390 disclosure for the final disclosure period shall notify such
391 persons of their obligation to file the final disclosure and may
392 designate a person to be responsible for the notification
393 requirements of this subsection.
394 (11)(a)(8)(a) The commission shall treat an amendment to a
395 amended full and public disclosure of financial interests which
396 is filed before September 1 of the year in which the disclosure
397 is due as part of the original filing, regardless of whether a
398 complaint has been filed. If a complaint alleges only an
399 immaterial, inconsequential, or de minimis error or omission,
400 the commission may not take any action on the complaint other
401 than notifying the filer of the complaint. The filer must be
402 given 30 days to file an amendment to the amended full and
403 public disclosure of financial interests correcting any errors.
404 If the filer does not file an amendment to the amended full and
405 public disclosure of financial interests within 30 days after
406 the commission sends notice of the complaint, the commission may
407 continue with proceedings pursuant to s. 112.324.
408 (b) For purposes of the final full and public disclosure of
409 financial interests, the commission shall treat an amendment to
410 a new final full and public disclosure of financial interests as
411 part of the original filing if filed within 60 days after the
412 original filing, regardless of whether a complaint has been
413 filed. If, more than 60 days after a final full and public
414 disclosure of financial interests is filed, a complaint is filed
415 alleging a complete omission of any information required to be
416 disclosed by this section, the commission may immediately follow
417 the complaint procedures in s. 112.324. However, if the
418 complaint alleges an immaterial, inconsequential, or de minimis
419 error or omission, the commission may not take any action on the
420 complaint, other than notifying the filer of the complaint. The
421 filer must be given 30 days to file an amendment to the a new
422 final full and public disclosure of financial interests
423 correcting any errors. If the filer does not file an amendment
424 to the a new final full and public disclosure of financial
425 interests within 30 days after the commission sends notice of
426 the complaint, the commission may continue with proceedings
427 pursuant to s. 112.324.
428 (c) For purposes of this section, an error or omission is
429 immaterial, inconsequential, or de minimis if the original
430 filing provided sufficient information for the public to
431 identify potential conflicts of interest. However, failure to
432 certify completion of annual ethics training required under s.
433 112.3142 does not constitute an immaterial, inconsequential, or
434 de minimis error or omission.
435 (12)(a)(9)(a) An individual required to file a disclosure
436 pursuant to this section may have the disclosure prepared by an
437 attorney in good standing with The Florida Bar or by a certified
438 public accountant licensed under chapter 473. After preparing a
439 disclosure form, the attorney or certified public accountant
440 must sign the form indicating that he or she prepared the form
441 in accordance with this section and the instructions for
442 completing and filing the disclosure forms and that, upon his or
443 her reasonable knowledge and belief, the disclosure is true and
444 correct. If a complaint is filed alleging a failure to disclose
445 information required by this section, the commission shall
446 determine whether the information was disclosed to the attorney
447 or certified public accountant. The failure of the attorney or
448 certified public accountant to accurately transcribe information
449 provided by the individual required to file is not a violation
450 of this section.
451 (b) An elected officer or candidate who chooses to use an
452 attorney or a certified public accountant to prepare his or her
453 disclosure may pay for the services of the attorney or certified
454 public accountant from funds in an office account created
455 pursuant to s. 106.141 or, during a year that the individual
456 qualifies for election to public office, the candidate’s
457 campaign depository pursuant to s. 106.021.
458 (13)(10) The commission shall adopt rules and forms
459 specifying how a person who is required to file full and public
460 disclosure of financial interests may amend his or her
461 disclosure statement to report information that was not included
462 on the form as originally filed. If the amendment is the subject
463 of a complaint filed under this part, the commission and the
464 proper disciplinary official or body shall consider as a
465 mitigating factor when considering appropriate disciplinary
466 action the fact that the amendment was filed before any
467 complaint or other inquiry or proceeding, while recognizing that
468 the public was deprived of access to information to which it was
469 entitled.
470 (14) The provisions of this section constitute a revision
471 to the schedule included in s. 8(i), Art. II of the State
472 Constitution.
473 Section 4. Section 112.3145, Florida Statutes, is amended
474 to read:
475 112.3145 Disclosure of financial interests and clients
476 represented before agencies.—
477 (1) For purposes of this section, unless the context
478 otherwise requires, the term:
479 (a) “Local officer” means:
480 1. Every person who is elected to office in any political
481 subdivision of the state, and every person who is appointed to
482 fill a vacancy for an unexpired term in such an elective office.
483 2. Any appointed member of any of the following boards,
484 councils, commissions, authorities, or other bodies of any
485 county, municipality, school district, independent special
486 district, or other political subdivision of the state:
487 a. The governing body of the political subdivision, if
488 appointed;
489 b. A community college or junior college district board of
490 trustees;
491 c. A board having the power to enforce local code
492 provisions;
493 d. A planning or zoning board, board of adjustment, board
494 of appeals, community redevelopment agency board, or other board
495 having the power to recommend, create, or modify land planning
496 or zoning within the political subdivision, except for citizen
497 advisory committees, technical coordinating committees, and such
498 other groups who only have the power to make recommendations to
499 planning or zoning boards;
500 e. A pension board or retirement board having the power to
501 invest pension or retirement funds or the power to make a
502 binding determination of one’s entitlement to or amount of a
503 pension or other retirement benefit; or
504 f. Any other appointed member of a local government board
505 who is required to file a statement of financial interests by
506 the appointing authority or the enabling legislation, ordinance,
507 or resolution creating the board.
508 3. Any person holding one or more of the following
509 positions: mayor; county or city manager; chief administrative
510 employee of a county, municipality, or other political
511 subdivision; county or municipal attorney; finance director of a
512 county, municipality, or other political subdivision; chief
513 county or municipal building code inspector; county or municipal
514 water resources coordinator; county or municipal pollution
515 control director; county or municipal environmental control
516 director; county or municipal administrator, with power to grant
517 or deny a land development permit; chief of police; fire chief;
518 municipal clerk; district school superintendent; community
519 college president; district medical examiner; or purchasing
520 agent having the authority to make any purchase exceeding the
521 threshold amount provided for in s. 287.017 for CATEGORY TWO
522 ONE, on behalf of any political subdivision of the state or any
523 entity thereof.
524 (b) “Specified state employee” means:
525 1. Public counsel created by chapter 350, an assistant
526 state attorney, an assistant public defender, a criminal
527 conflict and civil regional counsel, an assistant criminal
528 conflict and civil regional counsel, a full-time state employee
529 who serves as counsel or assistant counsel to any state agency,
530 the Deputy Chief Judge of Compensation Claims, a judge of
531 compensation claims, an administrative law judge, or a hearing
532 officer.
533 2. Any person employed in the office of the Governor or in
534 the office of any member of the Cabinet if that person is exempt
535 from the Career Service System, except persons employed in
536 clerical, secretarial, or similar positions.
537 3. The State Surgeon General or each appointed secretary,
538 assistant secretary, deputy secretary, executive director,
539 assistant executive director, or deputy executive director of
540 each state department, commission, board, or council; unless
541 otherwise provided, the division director, assistant division
542 director, deputy director, and bureau chief, and assistant
543 bureau chief of any state department or division; or any person
544 having the power normally conferred upon such persons, by
545 whatever title.
546 4. The superintendent or institute director of a state
547 mental health institute established for training and research in
548 the mental health field or the warden or director of any major
549 state institution or facility established for corrections,
550 training, treatment, or rehabilitation.
551 5. Business managers, purchasing agents having the power to
552 make any purchase exceeding the threshold amount provided for in
553 s. 287.017 for CATEGORY TWO ONE, finance and accounting
554 directors, personnel officers, or grants coordinators for any
555 state agency.
556 6. Any person, other than a legislative assistant exempted
557 by the presiding officer of the house by which the legislative
558 assistant is employed, who is employed in the legislative branch
559 of government, except persons employed in maintenance, clerical,
560 secretarial, or similar positions.
561 7. Each employee of the Commission on Ethics.
562 (c) “State officer” means:
563 1. Any elected public officer, excluding those elected to
564 the United States Senate and House of Representatives, not
565 covered elsewhere in this part and any person who is appointed
566 to fill a vacancy for an unexpired term in such an elective
567 office.
568 2. An appointed member of each board, commission,
569 authority, or council having statewide jurisdiction, excluding a
570 member of an advisory body.
571 3. A member of the Board of Governors of the State
572 University System or a state university board of trustees, the
573 Chancellor and Vice Chancellors of the State University System,
574 and the president of a state university.
575 4. A member of the judicial nominating commission for any
576 district court of appeal or any judicial circuit.
577 (2)(a) A person seeking nomination or election to a state
578 or local elective office shall file a statement of financial
579 interests together with, and at the same time he or she files,
580 qualifying papers. When a candidate has qualified for office
581 prior to the deadline to file an annual statement of financial
582 interests, the statement of financial interests that is filed
583 with the candidate’s qualifying papers shall be deemed to
584 satisfy the annual disclosure requirement of this section. The
585 qualifying officer must record that the statement of financial
586 interests was timely filed. However, if a candidate does not
587 qualify until after the annual statement of financial interests
588 has been filed, the candidate may file a copy of his or her
589 statement with the qualifying officer.
590 (b) Each state or local officer and each specified state
591 employee shall file a statement of financial interests no later
592 than July 1 of each year. Each state officer, local officer, and
593 specified state employee shall file a final statement of
594 financial interests within 60 days after leaving his or her
595 public position for the period between January 1 of the year in
596 which the person leaves and the last day of office or
597 employment, unless within the 60-day period the person takes
598 another public position requiring financial disclosure under
599 this section or s. 8, Art. II of the State Constitution or
600 otherwise is required to file full and public disclosure or a
601 statement of financial interests for the final disclosure
602 period. Each state or local officer who is appointed and each
603 specified state employee who is employed shall file a statement
604 of financial interests within 30 days from the date of
605 appointment or, in the case of a specified state employee, from
606 the date on which the employment begins, except that any person
607 whose appointment is subject to confirmation by the Senate shall
608 file prior to confirmation hearings or within 30 days from the
609 date of appointment, whichever comes first.
610 (c) Beginning January 1, 2023, an incumbent in an elective
611 office or a candidate holding another position subject to an
612 annual filing requirement may submit either a copy of the
613 statement of financial interests filed with the commission, or a
614 verification or receipt of the filing, with the officer before
615 whom he or she qualifies. A candidate not subject to an annual
616 filing requirement does not file with the commission, but may
617 complete and print a statement of financial interests to file
618 with the officer before whom he or she qualifies.
619 (d) State officers and specified state employees shall file
620 their statements of financial interests with the commission on
621 Ethics. Local officers shall file their statements of financial
622 interests with the supervisor of elections of the county in
623 which they permanently reside. Local officers who do not
624 permanently reside in any county in the state shall file their
625 statements of financial interests with the supervisor of
626 elections of the county in which their agency maintains its
627 headquarters. Persons seeking to qualify as candidates for local
628 public office shall file their statements of financial interests
629 with the officer before whom they qualify.
630 (e) Beginning January 1, 2023, all statements filed with
631 the commission must be filed electronically through an
632 electronic filing system created and maintained by the
633 commission as provided in s. 112.31446.
634 (3) The statement of financial interests for state
635 officers, specified state employees, local officers, and persons
636 seeking to qualify as candidates for state or local office shall
637 be filed even if the reporting person holds no financial
638 interests requiring disclosure in a particular category, in
639 which case that section of the statement shall be marked “not
640 applicable.” Otherwise, the statement of financial interests
641 must shall include the information under paragraph (a) or
642 paragraph (b). The reporting person shall indicate on the
643 statement whether he or she is using the reporting method under
644 paragraph (a) or paragraph (b). However, beginning January 1,
645 2023, only the reporting method specified under paragraph (b)
646 may be used. The reporting methods are as follows, at the
647 filer’s option, either:
648 (a)1. All sources of income in excess of 5 percent of the
649 gross income received during the disclosure period by the person
650 in his or her own name or by any other person for his or her use
651 or 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 an amount which was in excess of 10 percent of his
659 or her gross income during the disclosure period and which
660 exceeds $1,500. The period for computing the gross income of the
661 business entity is the fiscal year of the business entity which
662 ended on, or immediately prior to, the end of the disclosure
663 period of the person reporting;
664 3. The location or description of real property in this
665 state, except for residences and vacation homes, owned directly
666 or indirectly by the person reporting, when such person owns in
667 excess of 5 percent of the value of such real property, and a
668 general description of any intangible personal property worth in
669 excess of 10 percent of such person’s total assets. For the
670 purposes of this paragraph, indirect ownership does not include
671 ownership by a spouse or minor child; and
672 4. Every individual liability that equals more than the
673 reporting person’s net worth; or
674 (b)1. All sources of gross income in excess of $2,500
675 received during the disclosure period by the person in his or
676 her own name or by any other person for his or her use or
677 benefit, excluding public salary. However, this shall not be
678 construed to require disclosure of a business partner’s sources
679 of income. The person reporting shall list such sources in
680 descending order of value with the largest source first;
681 2. All sources of income to a business entity in excess of
682 10 percent of the gross income of a business entity in which the
683 reporting person held a material interest and from which he or
684 she received gross income exceeding $5,000 during the disclosure
685 period. The period for computing the gross income of the
686 business entity is the fiscal year of the business entity which
687 ended on, or immediately prior to, the end of the disclosure
688 period of the person reporting;
689 3. The location or description of real property in this
690 state, except for residence and vacation homes, owned directly
691 or indirectly by the person reporting, when such person owns in
692 excess of 5 percent of the value of such real property, and a
693 general description of any intangible personal property worth in
694 excess of $10,000. For the purpose of this paragraph, indirect
695 ownership does not include ownership by a spouse or minor child;
696 and
697 4. Every liability in excess of $10,000.
698
699 A person filing a statement of financial interests shall
700 indicate on the statement whether he or she is using the method
701 specified in paragraph (a) or paragraph (b).
702 (4)(a) Beginning January 1, 2023, a filer may not include
703 in a filing to the commission a federal income tax return, or a
704 copy thereof; a social security number; a bank, mortgage, or
705 brokerage account number; a debit, charge, or credit card
706 number; a personal identification number; or a taxpayer
707 identification number. If a filer includes such information in
708 his or her filing, the information may be made available as part
709 of the official records of the commission available for public
710 inspection and copying unless redaction is requested by the
711 filer. The commission is not liable for the release of social
712 security numbers or bank account, debit, charge, or credit card
713 numbers included in a filing to the commission if the filer has
714 not requested redaction of the information.
715 (b) The commission shall redact a filer’s social security
716 number; bank account number; debit, charge, or credit card
717 number; or any other personal or account information that is
718 legally protected from disclosure under state or federal law
719 upon written notification from the filer of its inadvertent
720 inclusion. Such notice must specify the information
721 inadvertently included and the specific section or sections of
722 the statement in which it was included.
723 (c) The commission must conspicuously post a notice, in
724 substantially the following form, in the instructions for the
725 electronic filing system specifying that:
726 1. Any filer submitting information through the electronic
727 filing system may not include a federal income tax return, or a
728 copy thereof; a social security number; a bank, mortgage, or
729 brokerage account number; a debit, charge, or credit card
730 number; a personal identification number; or a taxpayer
731 identification number in any filing unless required by law.
732 2. Information submitted through the electronic filing
733 system may be open to public inspection and copying.
734 3. Any filer has a right to request the commission to
735 redact from his or her filing any social security number; bank
736 account number; or debit, charge, or credit card number
737 contained in the filing. Such request must be made in writing
738 and delivered to the commission. The request must specify the
739 information to be redacted and the specific section or sections
740 of the disclosure in which it was included.
741 (5) Beginning January 1, 2015, An officer who is required
742 to complete annual ethics training pursuant to s. 112.3142 must
743 certify on his or her statement of financial interests that he
744 or she has completed the required training.
745 (6)(5) Each elected constitutional officer, state officer,
746 local officer, and specified state employee shall file a
747 quarterly report of the names of clients represented for a fee
748 or commission, except for appearances in ministerial matters,
749 before agencies at his or her level of government. For the
750 purposes of this part, agencies of government shall be
751 classified as state-level agencies or agencies below state
752 level. Each local officer shall file such report with the
753 supervisor of elections of the county in which the officer is
754 principally employed or is a resident. Each state officer,
755 elected constitutional officer, and specified state employee
756 shall file such report with the commission. The report shall be
757 filed only when a reportable representation is made during the
758 calendar quarter and shall be filed no later than the last day
759 of each calendar quarter, for the previous calendar quarter.
760 Representation before any agency shall be deemed to include
761 representation by such officer or specified state employee or by
762 any partner or associate of the professional firm of which he or
763 she is a member and of which he or she has actual knowledge. For
764 the purposes of this subsection, the term “representation before
765 any agency” does not include appearances before any court or the
766 Deputy Chief Judge of Compensation Claims or judges of
767 compensation claims or representations on behalf of one’s agency
768 in one’s official capacity. Such term does not include the
769 preparation and filing of forms and applications merely for the
770 purpose of obtaining or transferring a license based on a quota
771 or a franchise of such agency or a license or operation permit
772 to engage in a profession, business, or occupation, so long as
773 the issuance or granting of such license, permit, or transfer
774 does not require substantial discretion, a variance, a special
775 consideration, or a certificate of public convenience and
776 necessity.
777 (7)(6) Each elected constitutional officer and each
778 candidate for such office, any other public officer required
779 pursuant to s. 8, Art. II of the State Constitution to file a
780 full and public disclosure of his or her financial interests,
781 and each state officer, local officer, specified state employee,
782 and candidate for elective public office who is or was during
783 the disclosure period an officer, director, partner, proprietor,
784 or agent, other than a resident agent solely for service of
785 process, of, or owns or owned during the disclosure period a
786 material interest in, any business entity which is granted a
787 privilege to operate in this state shall disclose such facts as
788 a part of the disclosure form filed pursuant to s. 8, Art. II of
789 the State Constitution or this section, as applicable. The
790 statement shall give the name, address, and principal business
791 activity of the business entity and shall state the position
792 held with such business entity or the fact that a material
793 interest is owned and the nature of that interest.
794 (8)(7) Forms for compliance with the disclosure
795 requirements of this section and a current list of persons
796 subject to disclosure shall be created by the commission and
797 provided to each supervisor of elections. The commission and
798 each supervisor of elections shall give notice of disclosure
799 deadlines and delinquencies and distribute forms in the
800 following manner:
801 (a)1. Not later than May 1 of each year, the commission
802 shall prepare a current list of the names, e-mail addresses, and
803 physical addresses of, and the offices or positions held by,
804 every state officer, local officer, and specified employee. In
805 compiling the list, the commission shall be assisted by Each
806 unit of government shall assist the commission in compiling the
807 list by in providing to the commission not later than February 1
808 of each year, at the request of the commission, the name, e-mail
809 address, physical address, and name of agency of, and the office
810 or position held by, each state officer, local officer, or
811 specified state employee within the respective unit of
812 government as of December 31 of the preceding year.
813 2. Not later than May 15 of each year, the commission shall
814 provide each supervisor of elections with a current mailing list
815 of all local officers required to file with such supervisor of
816 elections.
817 (b) Not later than June 1 30 days before July 1 of each
818 year, the commission and each supervisor of elections, as
819 appropriate, shall distribute mail a copy of the form prescribed
820 for compliance with subsection (3) and a notice of all
821 applicable disclosure forms and filing deadlines to each person
822 required to file a statement of financial interests. Beginning
823 January 1, 2023, no paper forms will be provided. The notice
824 required under this paragraph and instructions for electronic
825 submission must be delivered by e-mail.
826 (c) Not later than August 1 30 days after July 1 of each
827 year, the commission and each supervisor of elections shall
828 determine which persons required to file a statement of
829 financial interests in their respective offices have failed to
830 do so and shall send delinquency notices by certified mail,
831 return receipt requested, to these persons. Each notice must
832 shall state that a grace period is in effect until September 1
833 of the current year; that no investigative or disciplinary
834 action based upon the delinquency will be taken by the agency
835 head or commission if the statement is filed by September 1 of
836 the current year; that, if the statement is not filed by
837 September 1 of the current year, a fine of $25 for each day late
838 will be imposed, up to a maximum penalty of $1,500; for notices
839 distributed sent by a supervisor of elections, that he or she is
840 required by law to notify the commission of the delinquency; and
841 that, if upon the filing of a sworn complaint the commission
842 finds that the person has failed to timely file the statement
843 within 60 days after September 1 of the current year, such
844 person will also be subject to the penalties provided in s.
845 112.317. Beginning January 1, 2023, the notice required under
846 this paragraph must be delivered by e-mail and must be
847 redelivered on a weekly basis so long as a person remains
848 delinquent.
849 (d) No later than November 15 of each year, the supervisor
850 of elections in each county shall certify to the commission a
851 list of the names and addresses of, and the offices or positions
852 held by, all persons who have failed to timely file the required
853 statements of financial interests. The certification must
854 include the earliest of the dates described in subparagraph
855 (g)1. (f)1. The certification shall be on a form prescribed by
856 the commission and shall indicate whether the supervisor of
857 elections has provided the disclosure forms and notice as
858 required by this subsection to all persons named on the
859 delinquency list.
860 (e) Statements must be received by the commission filed not
861 later than 5 p.m. of the due date. However, any statement that
862 is postmarked by the United States Postal Service by midnight of
863 the due date is deemed to have been filed in a timely manner,
864 and a certificate of mailing obtained from and dated by the
865 United States Postal Service at the time of the mailing, or a
866 receipt from an established courier company which bears a date
867 on or before the due date, constitutes proof of mailing in a
868 timely manner. Beginning January 1, 2023, upon request of the
869 filer, the commission must provide verification to the filer
870 that the commission has received the filed statement.
871 (f) Beginning January 1, 2023, the statement must be
872 accompanied by a declaration as provided in s. 92.525(2) and an
873 electronic acknowledgment thereof.
874 (g) Any person who is required to file a statement of
875 financial interests and whose name is on the commission’s
876 mailing list, and to whom notice has been sent, but who fails to
877 timely file is assessed a fine of $25 per day for each day late
878 up to a maximum of $1,500; however, this $1,500 limitation on
879 automatic fines does not limit the civil penalty that may be
880 imposed if the statement is filed more than 60 days after the
881 deadline and a complaint is filed, as provided in s. 112.324.
882 The commission must provide by rule the grounds for waiving the
883 fine and procedures by which each person whose name is on the
884 mailing list and who is determined to have not filed in a timely
885 manner will be notified of assessed fines and may appeal. The
886 rule must provide for and make specific the following:
887 1. The amount of the fine due is based upon the earliest of
888 the following:
889 a. When a statement is actually received by the office.
890 b. When the statement is postmarked.
891 c. When the certificate of mailing is dated.
892 d. When the receipt from an established courier company is
893 dated.
894 2. For a specified state employee or a state officer, upon
895 receipt of the disclosure statement by the commission or upon
896 accrual of the maximum penalty, whichever occurs first, and for
897 a local officer upon receipt by the commission of the
898 certification from the local officer’s supervisor of elections
899 pursuant to paragraph (d), the commission shall determine the
900 amount of the fine which is due and shall notify the delinquent
901 person. The notice must include an explanation of the appeal
902 procedure under subparagraph 3. The fine must be paid within 30
903 days after the notice of payment due is transmitted, unless
904 appeal is made to the commission pursuant to subparagraph 3. The
905 moneys are to be deposited into the General Revenue Fund.
906 3. Any reporting person may appeal or dispute a fine, based
907 upon unusual circumstances surrounding the failure to file on
908 the designated due date, and may request and is entitled to a
909 hearing before the commission, which may waive the fine in whole
910 or in part for good cause shown. Any such request must be in
911 writing and received by the commission made within 30 days after
912 the notice of payment due is transmitted. In such a case, the
913 reporting person must, within the 30-day period, notify the
914 person designated to review the timeliness of reports in writing
915 of his or her intention to bring the matter before the
916 commission. For purposes of this subparagraph, the term “unusual
917 circumstances” does not include the failure to monitor an e-mail
918 account or failure to receive notice if the person has not
919 notified the commission of a change in his or her e-mail
920 address.
921 (h)(g) Any state officer, local officer, or specified
922 employee whose name is not on the mailing list of persons
923 required to file an annual statement of financial interests is
924 not subject to the penalties provided in s. 112.317 or the fine
925 provided in this section for failure to timely file a statement
926 of financial interests in any year in which the omission
927 occurred, but nevertheless is required to file the disclosure
928 statement.
929 (i)(h) The notification requirements and fines of this
930 subsection do not apply to candidates or to the first or final
931 filing required of any state officer, specified employee, or
932 local officer as provided in paragraph (2)(b).
933 (j)(i) Notwithstanding any provision of chapter 120, any
934 fine imposed under this subsection which is not waived by final
935 order of the commission and which remains unpaid more than 60
936 days after the notice of payment due or more than 60 days after
937 the commission renders a final order on the appeal must be
938 submitted to the Department of Financial Services as a claim,
939 debt, or other obligation owed to the state, and the department
940 shall assign the collection of such a fine to a collection agent
941 as provided in s. 17.20.
942 (9)(a)(8)(a) The appointing official or body shall notify
943 each newly appointed local officer, state officer, or specified
944 state employee, not later than the date of appointment, of the
945 officer’s or employee’s duty to comply with the disclosure
946 requirements of this section. The agency head of each employing
947 agency shall notify each newly employed local officer or
948 specified state employee, not later than the day of employment,
949 of the officer’s or employee’s duty to comply with the
950 disclosure requirements of this section. The appointing official
951 or body or employing agency head may designate a person to be
952 responsible for the notification requirements of this paragraph.
953 (b) The agency head of the agency of each local officer,
954 state officer, or specified state employee who is required to
955 file a statement of financial interests for the final disclosure
956 period shall notify such persons of their obligation to file the
957 final disclosure and may designate a person to be responsible
958 for the notification requirements of this paragraph.
959 (c) If a person holding public office or public employment
960 fails or refuses to file an annual statement of financial
961 interests for any year in which the person received notice from
962 the commission regarding the failure to file and has accrued the
963 maximum automatic fine authorized under this section, regardless
964 of whether the fine imposed was paid or collected, the
965 commission shall initiate an investigation and conduct a public
966 hearing without receipt of a complaint to determine whether the
967 person’s failure to file is willful. Such investigation and
968 hearing must be conducted in accordance with s. 112.324. Except
969 as provided in s. 112.324(4), if the commission determines that
970 the person willfully failed to file a statement of financial
971 interests, the commission shall enter an order recommending that
972 the officer or employee be removed from his or her public office
973 or public employment. The commission shall forward its
974 recommendation as provided in s. 112.324.
975 (10)(9) A public officer who has filed a disclosure for any
976 calendar or fiscal year shall not be required to file a second
977 disclosure for the same year or any part thereof,
978 notwithstanding any requirement of this act, except that any
979 public officer who qualifies as a candidate for public office
980 shall file a copy of the disclosure with the officer before whom
981 he or she qualifies as a candidate at the time of qualification.
982 (11)(a)(10)(a) The commission shall treat an amendment to
983 an amended annual statement of financial interests which is
984 filed before September 1 of the year in which the statement is
985 due as part of the original filing, regardless of whether a
986 complaint has been filed. If a complaint alleges only an
987 immaterial, inconsequential, or de minimis error or omission,
988 the commission may not take any action on the complaint other
989 than notifying the filer of the complaint. The filer must be
990 given 30 days to file an amendment to the amended statement of
991 financial interests correcting any errors. If the filer does not
992 file an amendment to the amended statement of financial
993 interests within 30 days after the commission sends notice of
994 the complaint, the commission may continue with proceedings
995 pursuant to s. 112.324.
996 (b) For purposes of the final statement of financial
997 interests, the commission shall treat an amendment to a new
998 final statement of financial interests as part of the original
999 filing, if filed within 60 days of the original filing
1000 regardless of whether a complaint has been filed. If, more than
1001 60 days after a final statement of financial interests is filed,
1002 a complaint is filed alleging a complete omission of any
1003 information required to be disclosed by this section, the
1004 commission may immediately follow the complaint procedures in s.
1005 112.324. However, if the complaint alleges an immaterial,
1006 inconsequential, or de minimis error or omission, the commission
1007 may not take any action on the complaint other than notifying
1008 the filer of the complaint. The filer must be given 30 days to
1009 file an amendment to the a new final statement of financial
1010 interests correcting any errors. If the filer does not file an
1011 amendment to the a new final statement of financial interests
1012 within 30 days after the commission sends notice of the
1013 complaint, the commission may continue with proceedings pursuant
1014 to s. 112.324.
1015 (c) For purposes of this section, an error or omission is
1016 immaterial, inconsequential, or de minimis if the original
1017 filing provided sufficient information for the public to
1018 identify potential conflicts of interest. However, failure to
1019 certify completion of annual ethics training required under s.
1020 112.3142 does not constitute an immaterial, inconsequential, or
1021 de minimis error or omission.
1022 (12)(a)(11)(a) An individual required to file a statement
1023 disclosure pursuant to this section may have the statement
1024 disclosure prepared by an attorney in good standing with The
1025 Florida Bar or by a certified public accountant licensed under
1026 chapter 473. After preparing a statement disclosure form, the
1027 attorney or certified public accountant must sign the form
1028 indicating that he or she prepared the form in accordance with
1029 this section and the instructions for completing and filing the
1030 disclosure forms and that, upon his or her reasonable knowledge
1031 and belief, the disclosure is true and correct. If a complaint
1032 is filed alleging a failure to disclose information required by
1033 this section, the commission shall determine whether the
1034 information was disclosed to the attorney or certified public
1035 accountant. The failure of the attorney or certified public
1036 accountant to accurately transcribe information provided by the
1037 individual who is required to file the statement disclosure does
1038 not constitute a violation of this section.
1039 (b) An elected officer or candidate who chooses to use an
1040 attorney or a certified public accountant to prepare his or her
1041 statement disclosure may pay for the services of the attorney or
1042 certified public accountant from funds in an office account
1043 created pursuant to s. 106.141 or, during a year that the
1044 individual qualifies for election to public office, the
1045 candidate’s campaign depository pursuant to s. 106.021.
1046 (13)(12) The commission shall adopt rules and forms
1047 specifying how a state officer, local officer, or specified
1048 state employee may amend his or her statement of financial
1049 interests to report information that was not included on the
1050 form as originally filed. If the amendment is the subject of a
1051 complaint filed under this part, the commission and the proper
1052 disciplinary official or body shall consider as a mitigating
1053 factor when considering appropriate disciplinary action the fact
1054 that the amendment was filed before any complaint or other
1055 inquiry or proceeding, while recognizing that the public was
1056 deprived of access to information to which it was entitled.
1057 Section 5. Section 112.31455, Florida Statutes, is amended
1058 to read:
1059 112.31455 Collection methods for unpaid automatic fines for
1060 failure to timely file disclosure of financial interests.—
1061 (1) Before referring any unpaid fine accrued pursuant to s.
1062 112.3144(8) or s. 112.3145(8) s. 112.3144(5) or s. 112.3145(7)
1063 to the Department of Financial Services, the commission shall
1064 attempt to determine whether the individual owing such a fine is
1065 a current public officer or current public employee. If so, the
1066 commission may notify the Chief Financial Officer or the
1067 governing body of the appropriate county, municipality, or
1068 special district of the total amount of any fine owed to the
1069 commission by such individual.
1070 (a) After receipt and verification of the notice from the
1071 commission, the Chief Financial Officer or the governing body of
1072 the county, municipality, or special district shall begin
1073 withholding the lesser of 10 percent or the maximum amount
1074 allowed under federal law from any salary-related payment. The
1075 withheld payments shall be remitted to the commission until the
1076 fine is satisfied.
1077 (b) The Chief Financial Officer or the governing body of
1078 the county, municipality, or special district may retain an
1079 amount of each withheld payment, as provided in s. 77.0305, to
1080 cover the administrative costs incurred under this section.
1081 (2) If the commission determines that the individual who is
1082 the subject of an unpaid fine accrued pursuant to s. 112.3144(8)
1083 or s. 112.3145(8) s. 112.3144(5) or s. 112.3145(7) is no longer
1084 a public officer or public employee or if the commission is
1085 unable to determine whether the individual is a current public
1086 officer or public employee, the commission may, 6 months after
1087 the order becomes final, seek garnishment of any wages to
1088 satisfy the amount of the fine, or any unpaid portion thereof,
1089 pursuant to chapter 77. Upon recording the order imposing the
1090 fine with the clerk of the circuit court, the order shall be
1091 deemed a judgment for purposes of garnishment pursuant to
1092 chapter 77.
1093 (3) The commission may refer unpaid fines to the
1094 appropriate collection agency, as directed by the Chief
1095 Financial Officer, to utilize any collection methods provided by
1096 law. Except as expressly limited by this section, any other
1097 collection methods authorized by law are allowed.
1098 (4) Action may be taken to collect any unpaid fine imposed
1099 by ss. 112.3144 and 112.3145 within 20 years after the date the
1100 final order is rendered.
1101 Section 6. Except as otherwise expressly provided in this
1102 act, this act shall take effect upon becoming a law.