Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 510
       
       
       
       
       
       
                                Ì318288RÎ318288                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/10/2022           .                                
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       The Committee on Rules (Brodeur) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (5) and paragraph (a) of subsection
    6  (7) of section 99.061, Florida Statutes, are amended to read:
    7         99.061 Method of qualifying for nomination or election to
    8  federal, state, county, or district office.—
    9         (5) At the time of qualifying for office, each candidate
   10  for a constitutional office and each candidate for other
   11  elective office subject to an annual filing requirement under s.
   12  112.3144 shall file a full and public disclosure of financial
   13  interests pursuant to s. 8, Art. II of the State Constitution,
   14  which must be verified under oath or affirmation pursuant to s.
   15  92.525(1)(a), and a candidate for any other office, including
   16  local elective office, shall file a statement of financial
   17  interests pursuant to s. 112.3145. A candidate subject to an
   18  annual filing requirement under s. 112.3144 may submit a
   19  verification or receipt of electronic filing pursuant to s.
   20  112.3144(4). A candidate subject to an annual filing requirement
   21  under s. 112.3145 may file a verification or receipt of
   22  electronic filing pursuant to s. 112.3145(2)(c) unless the
   23  candidate is required to file a full and public disclosure of
   24  financial interests pursuant to s. 8, Art. II of the State
   25  Constitution or this subsection.
   26         (7)(a) In order for a candidate to be qualified, the
   27  following items must be received by the filing officer by the
   28  end of the qualifying period:
   29         1. A properly executed check drawn upon the candidate’s
   30  campaign account payable to the person or entity as prescribed
   31  by the filing officer in an amount not less than the fee
   32  required by s. 99.092, unless the candidate obtained the
   33  required number of signatures on petitions pursuant to s.
   34  99.095. The filing fee for a special district candidate is not
   35  required to be drawn upon the candidate’s campaign account. If a
   36  candidate’s check is returned by the bank for any reason, the
   37  filing officer must shall immediately notify the candidate, and
   38  the candidate has shall have until the end of qualifying to pay
   39  the fee with a cashier’s check purchased from funds of the
   40  campaign account. Failure to pay the fee as provided in this
   41  subparagraph disqualifies shall disqualify the candidate.
   42         2. The candidate’s oath required by s. 99.021, which must
   43  contain the name of the candidate as it is to appear on the
   44  ballot; the office sought, including the district or group
   45  number if applicable; and the signature of the candidate, which
   46  must be verified under oath or affirmation pursuant to s.
   47  92.525(1)(a).
   48         3. If the office sought is partisan, the written statement
   49  of political party affiliation required by s. 99.021(1)(b); or
   50  if the candidate is running without party affiliation for a
   51  partisan office, the written statement required by s.
   52  99.021(1)(c).
   53         4. The completed form for the appointment of campaign
   54  treasurer and designation of campaign depository, as required by
   55  s. 106.021.
   56         5. The full and public disclosure or statement of financial
   57  interests required by subsection (5). A public officer who has
   58  filed the full and public disclosure or statement of financial
   59  interests with the Commission on Ethics or the supervisor of
   60  elections before prior to qualifying for office may file a copy
   61  of that disclosure at the time of qualifying or a verification
   62  or receipt of electronic filing as provided in subsection (5).
   63         Section 2. Paragraph (a) of subsection (1), subsection (2),
   64  paragraph (c) of subsection (6), paragraphs (a) and (c) of
   65  subsection (7), and subsection (8) of section 112.3144, Florida
   66  Statutes, are amended, and paragraphs (d) and (e) are added to
   67  subsection (1) of that section, to read:
   68         112.3144 Full and public disclosure of financial
   69  interests.—
   70         (1)(a) An officer who is required by s. 8, Art. II of the
   71  State Constitution to file a full and public disclosure of his
   72  or her financial interests for any calendar or fiscal year, or
   73  any other person required by law to file a disclosure under this
   74  section, shall file that disclosure with the Florida Commission
   75  on Ethics. Additionally, an officer who is required to file a
   76  full and public disclosure of his or her financial interests
   77  under this part and to complete annual ethics training pursuant
   78  to s. 112.3142 must certify on his or her full and public
   79  disclosure of financial interests that he or she has completed
   80  the required training.
   81         (d)The following local officers must comply with the
   82  financial disclosure requirements of s. 8, Art. II of the State
   83  Constitution and this section:
   84         1.Mayors.
   85         2.City commissioners.
   86         3.Elected members of a city council; town council; village
   87  council; or other governing body of a city, town, or village.
   88         4.City, county, town, or village managers.
   89         (e)Each member of the commission and the Florida Elections
   90  Commission must comply with the financial disclosure
   91  requirements of s. 8, Art. II of the State Constitution and this
   92  section.
   93         (2) Beginning January 1, 2023 2022, all disclosures filed
   94  with the commission must be filed electronically through an
   95  electronic filing system that is created and maintained by the
   96  commission as provided in s. 112.31446. Through December 31,
   97  2022, the commission must accept disclosures filed either in
   98  paper form or filed electronically through the electronic filing
   99  system. The commission shall post a notice on its website
  100  informing filers that paper forms will be accepted for filing
  101  through December 31, 2022. The commission may not remove the
  102  notice until January 1, 2023.
  103         (6)
  104         (c) Each separate source and amount of income which exceeds
  105  $1,000 must be identified. For the purposes of reporting income,
  106  the commission shall accept federal income tax returns,
  107  financial statements, and other forms or attachments showing
  108  sources of income Beginning January 1, 2022, a federal income
  109  tax return may not be used for purposes of reporting income, and
  110  the commission may not accept a federal income tax return or a
  111  copy thereof.
  112         (7)(a) Beginning January 1, 2022, a filer may not include
  113  in a filing to the commission a federal income tax return or a
  114  copy thereof; a social security number; a bank, mortgage, or
  115  brokerage account number; a debit, charge, or credit card
  116  number; a personal identification number; or a taxpayer
  117  identification number. If a filer includes such information in
  118  his or her filing, the information may be made available as part
  119  of the official records of the commission available for public
  120  inspection and copying unless redaction is requested by the
  121  filer. The commission is not liable for the release of social
  122  security numbers or bank account, debit, charge, or credit card
  123  numbers included in a filing to the commission if the filer has
  124  not requested redaction of such information.
  125         (c) The commission must conspicuously post a notice, in
  126  substantially the following form, in the instructions for the
  127  electronic filing system specifying that:
  128         1. Any filer submitting information through the electronic
  129  filing system may not include a federal income tax return or a
  130  copy thereof; a social security number; a bank, mortgage, or
  131  brokerage account number; a debit, charge, or credit card
  132  number; a personal identification number; or a taxpayer
  133  identification number in any filing unless required by law.
  134         2. Information submitted through the electronic filing
  135  system may be open to public inspection and copying.
  136         3. Any filer has a right to request that the commission
  137  redact from his or her filing any social security number, bank
  138  account number, or debit, charge, or credit card number
  139  contained in the filing. Such request must be made in writing
  140  and delivered to the commission. The request must specify the
  141  information to be redacted and the specific section or sections
  142  of the disclosure in which it was included.
  143         (8) Forms or fields of information for compliance with the
  144  full and public disclosure requirements of s. 8, Art. II of the
  145  State Constitution shall be prescribed by the commission. The
  146  commission shall allow a filer to include attachments or other
  147  supporting documentation when filing a disclosure. The
  148  commission shall give notice of disclosure deadlines and
  149  delinquencies and distribute forms in the following manner:
  150         (a) Not later than May 1 of each year, the commission shall
  151  prepare a current list of the names, e-mail addresses, and
  152  physical addresses of and the offices held by every person
  153  required to file full and public disclosure annually by s. 8,
  154  Art. II of the State Constitution, or other state law. Each unit
  155  of government shall assist the commission in compiling the list
  156  by providing to the commission not later than February 1 of each
  157  year the name, e-mail address, physical address, and name of the
  158  office held by such person within the respective unit of
  159  government as of December 31 of the preceding year.
  160         (b) Not later than June 1 of each year, the commission
  161  shall distribute a copy of the form prescribed for compliance
  162  with full and public disclosure and a notice of the filing
  163  deadline to each person on the list. Beginning January 1, 2023
  164  2022, no paper forms will not be provided. The notice required
  165  under this paragraph and instructions for electronic submission
  166  of the form and any accompanying attachments must be delivered
  167  by e-mail.
  168         (c) Not later than August 1 of each year, the commission
  169  shall determine which persons on the list have failed to file
  170  full and public disclosure and shall send delinquency notices to
  171  such persons. Each notice must state that a grace period is in
  172  effect until September 1 of the current year. Beginning January
  173  1, 2023 2022, the notice required under this paragraph must be
  174  delivered by e-mail and must be redelivered on a weekly basis by
  175  e-mail as long as a person remains delinquent.
  176         (d) Disclosures must be received by the commission not
  177  later than 5 p.m. of the due date. However, any disclosure that
  178  is postmarked by the United States Postal Service by midnight of
  179  the due date is deemed to have been filed in a timely manner,
  180  and a certificate of mailing obtained from and dated by the
  181  United States Postal Service at the time of the mailing, or a
  182  receipt from an established courier company which bears a date
  183  on or before the due date, constitutes proof of mailing in a
  184  timely manner. Beginning January 1, 2023 2022, upon request of
  185  the filer, the commission must provide verification to the filer
  186  that the commission has received the filed disclosure.
  187         (e) Beginning January 1, 2023 2022, a written declaration,
  188  as provided for under s. 92.525(2), accompanied by an electronic
  189  signature satisfies the requirement that the disclosure be
  190  sworn.
  191         (f) Any person who is required to file full and public
  192  disclosure of financial interests and whose name is on the
  193  commission’s list, and to whom notice has been sent, but who
  194  fails to timely file is assessed a fine of $25 per day for each
  195  day late up to a maximum of $1,500; however this $1,500
  196  limitation on automatic fines does not limit the civil penalty
  197  that may be imposed if the statement is filed more than 60 days
  198  after the deadline and a complaint is filed, as provided in s.
  199  112.324. The commission must provide by rule the grounds for
  200  waiving the fine and the procedures by which each person whose
  201  name is on the list and who is determined to have not filed in a
  202  timely manner will be notified of assessed fines and may appeal.
  203  The rule must provide for and make specific the following:
  204         1. The amount of the fine due is based upon the earliest of
  205  the following:
  206         a. When a statement is actually received by the office.
  207         b. When the statement is postmarked.
  208         c. When the certificate of mailing is dated.
  209         d. When the receipt from an established courier company is
  210  dated.
  211         2. Upon receipt of the disclosure statement or upon accrual
  212  of the maximum penalty, whichever occurs first, the commission
  213  shall determine the amount of the fine which is due and shall
  214  notify the delinquent person. The notice must include an
  215  explanation of the appeal procedure under subparagraph 3. Such
  216  fine must be paid within 30 days after the notice of payment due
  217  is transmitted, unless appeal is made to the commission pursuant
  218  to subparagraph 3. The moneys shall be deposited into the
  219  General Revenue Fund.
  220         3. Any reporting person may appeal or dispute a fine, based
  221  upon unusual circumstances surrounding the failure to file on
  222  the designated due date, and may request and is entitled to a
  223  hearing before the commission, which may waive the fine in whole
  224  or in part for good cause shown. Any such request must be in
  225  writing and received by the commission within 30 days after the
  226  notice of payment due is transmitted. In such a case, the
  227  reporting person must, within the 30-day period, notify the
  228  person designated to review the timeliness of reports in writing
  229  of his or her intention to bring the matter before the
  230  commission. For purposes of this subparagraph, “unusual
  231  circumstances” does not include the failure to monitor an e-mail
  232  account or failure to receive notice if the person has not
  233  notified the commission of a change in his or her e-mail
  234  address.
  235         (g) Any person subject to the annual filing of full and
  236  public disclosure under s. 8, Art. II of the State Constitution,
  237  or other state law, whose name is not on the commission’s list
  238  of persons required to file full and public disclosure is not
  239  subject to the fines or penalties provided in this part for
  240  failure to file full and public disclosure in any year in which
  241  the omission occurred, but nevertheless is required to file the
  242  disclosure statement.
  243         (h) The notification requirements and fines of this
  244  subsection do not apply to candidates or to the first filing
  245  required of any person appointed to elective constitutional
  246  office or other position required to file full and public
  247  disclosure, unless the person’s name is on the commission’s
  248  notification list and the person received notification from the
  249  commission. The appointing official shall notify such newly
  250  appointed person of the obligation to file full and public
  251  disclosure by July 1. The notification requirements and fines of
  252  this subsection do not apply to the final filing provided for in
  253  subsection (10).
  254         (i) Notwithstanding any provision of chapter 120, any fine
  255  imposed under this subsection which is not waived by final order
  256  of the commission and which remains unpaid more than 60 days
  257  after the notice of payment due or more than 60 days after the
  258  commission renders a final order on the appeal must be submitted
  259  to the Department of Financial Services as a claim, debt, or
  260  other obligation owed to the state, and the department shall
  261  assign the collection of such fine to a collection agent as
  262  provided in s. 17.20.
  263         Section 3. Subsections (4), (5), and (6) are added to
  264  section 112.31445, Florida Statutes, to read:
  265         112.31445 Electronic filing system; full and public
  266  disclosure of financial interests.—
  267         (4) The commission shall publish a notice on the electronic
  268  filing system instructing filers to redact a social security
  269  number; a bank, mortgage, or brokerage account number; a debit,
  270  charge, or credit card number; a personal identification number;
  271  or a taxpayer identification number in their filings.
  272         (5)The commission shall post a notice on the main webpage
  273  of the electronic filing system informing filers that paper
  274  forms will be accepted for filing through December 31, 2022, in
  275  accordance with s. 112.3144(2). The commission may not remove
  276  the notice until January 1, 2023.
  277         (6) The electronic filing system must allow a filer to
  278  include attachments or other supporting documentation when
  279  submitting a disclosure through the system.
  280         Section 4. Paragraph (f) is added to subsection (2) of
  281  section 112.31446, Florida Statutes, to read:
  282         112.31446 Electronic filing system for financial
  283  disclosure.—
  284         (2) By January 1, 2022, the commission shall procure and
  285  test an electronic filing system. At a minimum, the electronic
  286  filing system must:
  287         (f) Allow a filer to include attachments or other
  288  supporting documentation when submitting a disclosure through
  289  the system.
  290         Section 5. Paragraphs (b), (d), and (e) of subsection (2),
  291  paragraphs (a) and (c) of subsection (4), and paragraphs (b) and
  292  (c) of subsection (8) of section 112.3145, Florida Statutes, are
  293  amended to read:
  294         112.3145 Disclosure of financial interests and clients
  295  represented before agencies.—
  296         (2)
  297         (b) Each state or local officer, except local officers
  298  specified in s. 112.3144(1)(d), and each specified state
  299  employee shall file a statement of financial interests no later
  300  than July 1 of each year. Each state officer, local officer, and
  301  specified state employee shall file a final statement of
  302  financial interests within 60 days after leaving his or her
  303  public position for the period between January 1 of the year in
  304  which the person leaves and the last day of office or
  305  employment, unless within the 60-day period the person takes
  306  another public position requiring financial disclosure under
  307  this section or s. 8, Art. II of the State Constitution or
  308  otherwise is required to file full and public disclosure or a
  309  statement of financial interests for the final disclosure
  310  period. Each state or local officer who is appointed and each
  311  specified state employee who is employed shall file a statement
  312  of financial interests within 30 days after from the date of
  313  appointment or, in the case of a specified state employee, after
  314  from the date on which the employment begins, except that any
  315  person whose appointment is subject to confirmation by the
  316  Senate shall file before prior to confirmation hearings or
  317  within 30 days after from the date of appointment, whichever
  318  comes first.
  319         (d) State officers and specified state employees shall file
  320  their statements of financial interests with the commission.
  321  Through December 31, 2022, local officers shall file their
  322  statements of financial interests with the supervisor of
  323  elections of the county in which they permanently reside.
  324  Through December 31, 2022, local officers who do not permanently
  325  reside in any county in this the state shall file their
  326  statements of financial interests with the supervisor of
  327  elections of the county in which their agency maintains its
  328  headquarters. Persons seeking to qualify as candidates for local
  329  public office shall file their statements of financial interests
  330  with the officer before whom they qualify.
  331         (e) Beginning January 1, 2023, a statement of financial
  332  interests and a final statement of financial interests, and any
  333  amendments thereto, or any other form required by this section,
  334  except any statement of a candidate who is not subject to an
  335  annual filing requirement, all statements filed with the
  336  commission must be filed electronically through an electronic
  337  filing system that is created and maintained by the commission
  338  as provided in s. 112.31446. Through December 31, 2022, the
  339  commission must accept from filers who file with the commission
  340  a statement of financial interests, a final statement of
  341  financial interests, and any amendments thereto or any other
  342  form required by this section submitted in paper form and may
  343  accept such statements, amendments, or other forms filed
  344  electronically. The commission shall post a notice on its
  345  website informing filers who file with the commission that paper
  346  forms will be accepted for filing through December 31, 2022. The
  347  commission may not remove the notice until January 1, 2023.
  348         (4)(a) Beginning January 1, 2023, a filer may not include
  349  in a filing to the commission a federal income tax return or a
  350  copy of thereof; a social security number; a bank, mortgage, or
  351  brokerage account number; a debit, charge, or credit card
  352  number; a personal identification number; or a taxpayer
  353  identification number. If a filer includes such information in
  354  his or her filing, the information may be made available as part
  355  of the official records of the commission available for public
  356  inspection and copying unless redaction is requested by the
  357  filer. The commission is not liable for the release of social
  358  security numbers, bank account numbers, or debit, charge, or
  359  credit card numbers included in a filing to the commission if
  360  the filer has not requested redaction of the information.
  361         (c) The commission must conspicuously post a notice, in
  362  substantially the following form, in the instructions for the
  363  electronic filing system specifying that:
  364         1. Any filer submitting information through the electronic
  365  filing system may not include a federal income tax return or a
  366  copy thereof; a social security number; a bank, mortgage, or
  367  brokerage account number; a debit, charge, or credit card
  368  number; a personal identification number; or a taxpayer
  369  identification number in any filing unless required by law.
  370         2. Information submitted through the electronic filing
  371  system may be open to public inspection and copying.
  372         3. Any filer has a right to request that the commission
  373  redact from his or her filing any social security number, bank
  374  account number, or debit, charge, or credit card number
  375  contained in the filing. Such request must be made in writing
  376  and delivered to the commission. The request must specify the
  377  information to be redacted and the specific section or sections
  378  of the disclosure in which it was included.
  379         (8) Forms for compliance with the disclosure requirements
  380  of this section and a current list of persons subject to
  381  disclosure shall be created by the commission and provided to
  382  each supervisor of elections. The commission and each supervisor
  383  of elections shall give notice of disclosure deadlines and
  384  delinquencies and distribute forms in the following manner:
  385         (b) Not later than June 1 of each year, the commission and
  386  each supervisor of elections, as appropriate, shall distribute a
  387  copy of the form prescribed for compliance with subsection (3)
  388  and a notice of all applicable disclosure forms and filing
  389  deadlines to each person required to file a statement of
  390  financial interests. Beginning January 1, 2023, no paper forms
  391  will not be provided. The notice required under this paragraph
  392  and instructions for electronic submission must be delivered by
  393  e-mail.
  394         (c) Not later than August 1 of each year, the commission
  395  and each supervisor of elections shall determine which persons
  396  required to file a statement of financial interests in their
  397  respective offices have failed to do so and shall send
  398  delinquency notices to these persons. Through December 31, 2022,
  399  delinquency notices must be sent by certified mail, return
  400  receipt requested. Each notice must state that a grace period is
  401  in effect until September 1 of the current year; that no
  402  investigative or disciplinary action based upon the delinquency
  403  will be taken by the agency head or commission if the statement
  404  is filed by September 1 of the current year; that, if the
  405  statement is not filed by September 1 of the current year, a
  406  fine of $25 for each day late will be imposed, up to a maximum
  407  penalty of $1,500; for notices distributed by a supervisor of
  408  elections, that he or she is required by law to notify the
  409  commission of the delinquency; and that, if upon the filing of a
  410  sworn complaint the commission finds that the person has failed
  411  to timely file the statement within 60 days after September 1 of
  412  the current year, such person will also be subject to the
  413  penalties provided in s. 112.317. Beginning January 1, 2023,
  414  notice required under this paragraph:
  415         1.May not be sent by certified mail.
  416         2. Must be delivered by e-mail and must be redelivered on a
  417  weekly basis by e-mail as long as the person remains delinquent.
  418         Section 6. Paragraph (a) of subsection (11) of section
  419  112.324, Florida Statutes, is amended to read:
  420         112.324 Procedures on complaints of violations and
  421  referrals; public records and meeting exemptions.—
  422         (11)(a) Notwithstanding subsections (1)-(8), the commission
  423  may dismiss any complaint or referral at any stage of
  424  disposition if it determines that the violation that is alleged
  425  or has occurred is a de minimis violation attributable to
  426  inadvertent or unintentional error. In determining whether a
  427  violation was de minimis, the commission shall consider whether
  428  the interests of the public were protected despite the
  429  violation. This subsection does not apply to complaints or
  430  referrals pursuant to ss. 112.3144 and 112.3145.
  431         Section 7. This act shall take effect upon becoming a law.
  432  
  433  ================= T I T L E  A M E N D M E N T ================
  434  And the title is amended as follows:
  435         Delete everything before the enacting clause
  436  and insert:
  437                        A bill to be entitled                      
  438         An act relating to financial disclosures; amending s.
  439         99.061, F.S.; revising qualification requirements for
  440         certain candidates; amending s. 112.3144, F.S.;
  441         requiring specified local officers to file a full and
  442         public disclosure of financial interests; requiring
  443         members of the Commission on Ethics and the Florida
  444         Elections Commission to file a full and public
  445         disclosure of financial interests; revising the date
  446         by which full and public disclosure of financial
  447         interests must be filed electronically; requiring the
  448         Commission on Ethics to accept disclosures in either
  449         paper or electronic form through a specified date;
  450         requiring the commission to post a specified notice on
  451         its website for a certain timeframe; requiring the
  452         commission to accept federal income tax returns,
  453         financial statements, and other forms or attachments
  454         showing sources of income for a specified purpose;
  455         deleting the prohibition on including a federal income
  456         tax return or a copy thereof for certain filings;
  457         revising the date by which paper forms will no longer
  458         be provided; revising the date by which certain
  459         notices must be delivered electronically; revising the
  460         date by which the commission must provide verification
  461         of receiving a disclosure, upon the request of the
  462         filer; revising the date by which a written
  463         declaration satisfies the condition that the
  464         disclosure be sworn; amending s. 112.31445, F.S.;
  465         requiring the commission to publish a specified notice
  466         regarding electronic filing to filers; requiring the
  467         commission to post a specified notice regarding paper
  468         forms for a certain timeframe; providing an additional
  469         specification for the electronic filing of full and
  470         public disclosures; amending s. 112.31446, F.S.;
  471         revising minimum requirements for the electronic
  472         filing system; amending s. 112.3145, F.S.; exempting
  473         specified local officers from filing a statement of
  474         financial interests to conform to changes made by the
  475         act; requiring certain local officers to file their
  476         statements of financial interests with a specified
  477         supervisor of elections until a specified date;
  478         requiring the electronic filing of certain documents
  479         after a specified date; requiring the commission to
  480         accept statements of financial interests, final
  481         statements of financial interests, and any amendments
  482         thereto, or any other forms submitted in paper form
  483         until a specified date; authorizing such financial
  484         statements, amendments, or other forms to be filed
  485         electronically; requiring the commission to post a
  486         specified notice on its website for a certain
  487         timeframe; removing the prohibition on including a
  488         federal income tax return or a copy thereof in a
  489         filing; requiring certain delinquency notices to be
  490         sent by certified mail until a specified date;
  491         prohibiting certain delinquency notices from being
  492         sent by certified mail after a specified date;
  493         amending s. 112.324, F.S.; authorizing the commission
  494         to dismiss financial disclosure complaints alleging de
  495         minimis violations; providing an effective date.