Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for SB 774
Ì643476CÎ643476
LEGISLATIVE ACTION
Senate . House
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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, or for another elective office
11 subject to an annual filing requirement pursuant to s. 112.3144,
12 shall file a full and public disclosure of financial interests
13 pursuant to s. 8, Art. II of the State Constitution, which must
14 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 who is subject to
18 an annual filing requirement under s. 112.3144 may file a
19 verification or receipt of electronic filing pursuant to s.
20 112.3144(4). A candidate who is subject to an annual filing
21 requirement under s. 112.3145 may file a verification or receipt
22 of 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 shall immediately notify the candidate and the
38 candidate shall have until the end of qualifying to pay the fee
39 with a cashier’s check purchased from funds of the campaign
40 account. Failure to pay the fee as provided in this subparagraph
41 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 before or the supervisor
60 of elections prior to qualifying for office may file a copy of
61 that disclosure or a verification or receipt of electronic
62 filing as provided in subsection (5) at the time of qualifying.
63 Section 2. Paragraph (e) of subsection (2) of section
64 112.3142, Florida Statutes, is amended to read:
65 112.3142 Ethics training for specified constitutional
66 officers, elected municipal officers, and commissioners.—
67 (2)
68 (e) The Legislature intends that a constitutional officer,
69 a commissioner of a community redevelopment agency, or an
70 elected municipal officer who is required to complete ethics
71 training pursuant to this section receive the required training
72 as close as possible to the date that he or she assumes office.
73 A constitutional officer, a commissioner of a community
74 redevelopment agency, or an elected municipal officer assuming a
75 new office or new term of office on or before March 31 must
76 complete the annual training on or before December 31 of the
77 year in which the term of office began. A constitutional
78 officer, a commissioner of a community redevelopment agency, or
79 an elected municipal officer assuming a new office or new term
80 of office after March 31 is not required to complete ethics
81 training for the calendar year in which the term of office
82 began.
83 Section 3. Notwithstanding the expiration date in section
84 92 of chapter 2022-157, Laws of Florida, paragraph (c) of
85 subsection (6), paragraphs (a) and (c) of subsection (7), and
86 subsections (8) and (10) of section 112.3144, Florida Statutes,
87 are reenacted and amended, and paragraph (d) is added to
88 subsection (1) of that section, to read:
89 112.3144 Full and public disclosure of financial
90 interests.—
91 (1)
92 (d) Beginning January 1, 2024, the following local officers
93 must comply with the financial disclosure requirements of s. 8,
94 Art. II of the State Constitution and this section:
95 1. Mayors.
96 2. Elected members of the governing body of a municipality.
97 (6)
98 (c) Each separate source and amount of income which exceeds
99 $1,000 must be identified. For the purpose of a filer reporting
100 income, the commission shall accept federal income tax returns.
101 If a filer submits a federal income tax return for the purpose
102 of reporting income, he or she must also include all attachments
103 and schedules associated with such federal income tax return
104 Beginning January 1, 2023, a federal income tax return may not
105 be used for purposes of reporting income, and the commission may
106 not accept a federal income tax return or a copy thereof.
107 (7)(a) Beginning January 1, 2023, a filer may not include
108 in a filing to the commission a federal income tax return or a
109 copy thereof; a social security number; a bank, mortgage, or
110 brokerage account number; a debit, charge, or credit card
111 number; a personal identification number; or a taxpayer
112 identification number. If a filer includes such information in
113 his or her filing, the information may be made available as part
114 of the official records of the commission available for public
115 inspection and copying unless redaction is requested by the
116 filer. The commission is not liable for the release of social
117 security numbers or bank account, debit, charge, or credit card
118 numbers included in a filing to the commission if the filer has
119 not requested redaction of such information.
120 (c) The commission must conspicuously post a notice, in
121 substantially the following form, in the instructions for the
122 electronic filing system specifying that:
123 1. Any filer submitting information through the electronic
124 filing system may not include a federal income tax return or a
125 copy thereof; a social security number; a bank, mortgage, or
126 brokerage account number; a debit, charge, or credit card
127 number; a personal identification number; or a taxpayer
128 identification number in any filing unless required by law.
129 2. Information submitted through the electronic filing
130 system may be open to public inspection and copying.
131 3. Any filer has a right to request that the commission
132 redact from his or her filing any social security number, bank
133 account number, or debit, charge, or credit card number
134 contained in the filing. Such request must be made in writing
135 and delivered to the commission. The request must specify the
136 information to be redacted and the specific section or sections
137 of the disclosure in which it was included.
138 (8) Forms or fields of information for compliance with the
139 full and public disclosure requirements of s. 8, Art. II of the
140 State Constitution must shall be prescribed by the commission.
141 The commission shall allow a filer to include attachments or
142 other supporting documentation when filing a disclosure. The
143 commission shall give notice of disclosure deadlines and
144 delinquencies and distribute forms in the following manner:
145 (a) Not later than May 1 of each year, the commission shall
146 prepare a current list of the names, e-mail addresses, and
147 physical addresses of and the offices held by every person
148 required to file full and public disclosure annually by s. 8,
149 Art. II of the State Constitution, or other state law. Each unit
150 of government shall assist the commission in compiling the list
151 by providing to the commission not later than February 1 of each
152 year the name, e-mail address, physical address, and name of the
153 office held by such person within the respective unit of
154 government as of December 31 of the preceding year.
155 (b) Not later than June 1 of each year, the commission
156 shall notify by e-mail all persons required to file a full and
157 public disclosure of financial interests of all of the
158 following:
159 1. All applicable filing deadlines for completing and
160 filing the full and public disclosure of financial interests
161 prescribed under subsection (3) on the electronic filing system.
162 2. Instructions on how to complete and file the full and
163 public disclosure of financial interests as prescribed by
164 subsection (3) on the electronic filing system, or where to
165 access such instructions.
166
167 Beginning January 1, 2023, paper forms may not be provided and
168 persons required to file a full and public disclosure of
169 financial interests must complete and file their disclosures on
170 the electronic filing system pursuant to subsection (2) Not
171 later than June 1 of each year, the commission shall distribute
172 a copy of the form prescribed for compliance with full and
173 public disclosure and a notice of the filing deadline to each
174 person on the list. Beginning January 1, 2022, no paper forms
175 will be provided by mail. The notice required under this
176 paragraph and instructions for electronic submission must be
177 delivered by e-mail.
178 (c) Not later than August 1 of each year, the commission
179 shall determine which persons on the list have failed to file
180 full and public disclosure and shall send delinquency notices to
181 such persons. Each notice must state that a grace period is in
182 effect until September 1 of the current year. Beginning January
183 1, 2022, The notice required under this paragraph must be
184 delivered by e-mail and must be redelivered on a weekly basis by
185 e-mail as long as a person remains delinquent.
186 (d) Disclosures must be received by the commission not
187 later than 11:59 5 p.m. of the due date. However, any disclosure
188 that is postmarked by the United States Postal Service by
189 midnight of the due date is deemed to have been filed in a
190 timely manner, and a certificate of mailing obtained from and
191 dated by the United States Postal Service at the time of the
192 mailing, or a receipt from an established courier company which
193 bears a date on or before the due date, constitutes proof of
194 mailing in a timely manner. Beginning January 1, 2023, upon
195 request of the filer, the commission must provide verification
196 to the filer that the commission has received the filed
197 disclosure.
198 (e) Beginning January 1, 2023, a written declaration, as
199 provided for under s. 92.525(2), accompanied by an electronic
200 signature satisfies the requirement that the disclosure be
201 sworn.
202 (f) Any person who is required to file full and public
203 disclosure of financial interests and whose name is on the
204 commission’s list, and to whom notice has been sent, but who
205 fails to timely file is assessed a fine of $25 per day for each
206 day late up to a maximum of $1,500; however this $1,500
207 limitation on automatic fines does not limit the civil penalty
208 that may be imposed if the statement is filed more than 60 days
209 after the deadline and a complaint is filed, as provided in s.
210 112.324. The commission must provide by rule the grounds for
211 waiving the fine and the procedures by which each person whose
212 name is on the list and who is determined to have not filed in a
213 timely manner will be notified of assessed fines and may appeal.
214 The rule must provide for and make specific that the amount of
215 the fine due is based upon when the disclosure is filed on the
216 electronic filing system created and maintained by the
217 commission as provided in s. 112.31446. the following:
218 1. The amount of the fine due is based upon the earliest of
219 the following:
220 a. When a statement is actually received by the office.
221 b. When the statement is postmarked.
222 c. When the certificate of mailing is dated.
223 d. When the receipt from an established courier company is
224 dated.
225 2. Upon receipt of the disclosure statement or upon accrual
226 of the maximum penalty, whichever occurs first, the commission
227 shall determine the amount of the fine which is due and shall
228 notify the delinquent person. The notice must include an
229 explanation of the appeal procedure under subparagraph 2. 3.
230 Such fine must be paid within 30 days after the notice of
231 payment due is transmitted, unless appeal is made to the
232 commission pursuant to subparagraph 2. 3. The moneys shall be
233 deposited into the General Revenue Fund.
234 2.3. Any reporting person may appeal or dispute a fine,
235 based upon unusual circumstances surrounding the failure to file
236 on the designated due date, and may request and is entitled to a
237 hearing before the commission, which may waive the fine in whole
238 or in part for good cause shown. Any such request must be in
239 writing and received by the commission within 30 days after the
240 notice of payment due is transmitted. In such a case, the
241 reporting person must, within the 30-day period, notify the
242 person designated to review the timeliness of reports in writing
243 of his or her intention to bring the matter before the
244 commission. For purposes of this subparagraph, “unusual
245 circumstances” does not include the failure to monitor an e-mail
246 account or failure to receive notice if the person has not
247 notified the commission of a change in his or her e-mail
248 address.
249 (g) Any person subject to the annual filing of full and
250 public disclosure under s. 8, Art. II of the State Constitution,
251 or other state law, whose name is not on the commission’s list
252 of persons required to file full and public disclosure is not
253 subject to the fines or penalties provided in this part for
254 failure to file full and public disclosure in any year in which
255 the omission occurred, but nevertheless is required to file the
256 disclosure statement.
257 (h) The notification requirements and fines of this
258 subsection do not apply to candidates or to the first filing
259 required of any person appointed to elective constitutional
260 office or other position required to file full and public
261 disclosure, unless the person’s name is on the commission’s
262 notification list and the person received notification from the
263 commission. The appointing official shall notify such newly
264 appointed person of the obligation to file full and public
265 disclosure by July 1. The notification requirements and fines of
266 this subsection do not apply to the final filing provided for in
267 subsection (10).
268 (i) Notwithstanding any provision of chapter 120, any fine
269 imposed under this subsection which is not waived by final order
270 of the commission and which remains unpaid more than 60 days
271 after the notice of payment due or more than 60 days after the
272 commission renders a final order on the appeal must be submitted
273 to the Department of Financial Services as a claim, debt, or
274 other obligation owed to the state, and the department shall
275 assign the collection of such fine to a collection agent as
276 provided in s. 17.20.
277 (10) Each person required to file full and public
278 disclosure of financial interests shall file a final disclosure
279 statement within 60 days after leaving his or her public
280 position for the period between January 1 of the year in which
281 the person leaves and the last day of office or employment,
282 unless within the 60-day period the person takes another public
283 position requiring financial disclosure under s. 8, Art. II of
284 the State Constitution, or is otherwise required to file full
285 and public disclosure for the final disclosure period. The head
286 of the agency of each person required to file full and public
287 disclosure for the final disclosure period shall notify such
288 persons of their obligation to file the final disclosure and may
289 designate a person to be responsible for the notification
290 requirements of this subsection. When an elected local officer
291 specified in paragraph (1)(d) leaves office before the
292 expiration of his or her term, any individual appointed to
293 replace such officer for the remainder of that term must file a
294 full and public disclosure of financial interests annually
295 thereafter for the remainder of his or her term in office.
296 Section 4. Subsections (4) and (5) are added to section
297 112.31445, Florida Statutes, to read:
298 112.31445 Electronic filing system; full and public
299 disclosure of financial interests.—
300 (4) The commission shall publish a notice on the electronic
301 filing system instructing filers to redact a social security
302 number; a bank, mortgage, or brokerage account number; a debit,
303 charge, or credit card number; a personal identification number;
304 or a taxpayer identification number in their filings.
305 (5) The electronic filing system must allow a filer to
306 include attachments or other supporting documentation when
307 submitting a disclosure through the system.
308 Section 5. Paragraph (f) is added to subsection (2) of
309 section 112.31446, Florida Statutes, to read:
310 112.31446 Electronic filing system for financial
311 disclosure.—
312 (2) By January 1, 2022, the commission shall procure and
313 test an electronic filing system. At a minimum, the electronic
314 filing system must:
315 (f) Allow a filer to include attachments or other
316 supporting documentation when submitting a disclosure or a
317 statement through the system.
318 Section 6. Notwithstanding the expiration date in section
319 95 of chapter 2022-157, Laws of Florida, paragraphs (b) and (e)
320 of subsection (2), paragraphs (a) and (c) of subsection (4), and
321 subsections (6) and (8) of section 112.3145, Florida Statutes,
322 are reenacted and amended to read:
323 112.3145 Disclosure of financial interests and clients
324 represented before agencies.—
325 (2)
326 (b) Each state or local officer, except local officers
327 specified in s. 112.3144(1)(d), and each specified state
328 employee shall file a statement of financial interests no later
329 than July 1 of each year. Each state officer, local officer, and
330 specified state employee shall file a final statement of
331 financial interests within 60 days after leaving his or her
332 public position for the period between January 1 of the year in
333 which the person leaves and the last day of office or
334 employment, unless within the 60-day period the person takes
335 another public position requiring financial disclosure under
336 this section or s. 8, Art. II of the State Constitution or
337 otherwise is required to file full and public disclosure or a
338 statement of financial interests for the final disclosure
339 period. Each state or local officer who is appointed and each
340 specified state employee who is employed shall file a statement
341 of financial interests within 30 days from the date of
342 appointment or, in the case of a specified state employee, from
343 the date on which the employment begins, except that any person
344 whose appointment is subject to confirmation by the Senate shall
345 file before prior to confirmation hearings or within 30 days
346 from the date of appointment, whichever comes first.
347 (e) Beginning January 1, 2024, a statement of financial
348 interests, and a final statement of financial interests and any
349 amendments thereto, or any other form required by this section,
350 except any statement of a candidate who is not subject to an
351 annual filing requirement, must be filed electronically through
352 an electronic filing system created and maintained by the
353 commission as provided in s. 112.31446.
354 (4)(a) Beginning January 1, 2024, A filer may not include
355 in a filing to the commission a federal income tax return or a
356 copy of thereof; a social security number; a bank, mortgage, or
357 brokerage account number; a debit, charge, or credit card
358 number; a personal identification number; or a taxpayer
359 identification number. If a filer includes such information in
360 his or her filing, the information may be made available as part
361 of the official records of the commission available for public
362 inspection and copying unless redaction is requested by the
363 filer. The commission is not liable for the release of social
364 security numbers, bank account numbers, or debit, charge, or
365 credit card numbers included in a filing to the commission if
366 the filer has not requested redaction of the information.
367 (c) The commission must conspicuously post a notice, in
368 substantially the following form, in the instructions for the
369 electronic filing system specifying that:
370 1. Any filer submitting information through the electronic
371 filing system may not include a federal income tax return or a
372 copy thereof; a social security number; a bank, mortgage, or
373 brokerage account number; a debit, charge, or credit card
374 number; a personal identification number; or a taxpayer
375 identification number in any filing unless required by law.
376 2. Information submitted through the electronic filing
377 system may be open to public inspection and copying.
378 3. Any filer has a right to request that the commission
379 redact from his or her filing any social security number, bank
380 account number, or debit, charge, or credit card number
381 contained in the filing. Such request must be made in writing
382 and delivered to the commission. The request must specify the
383 information to be redacted and the specific section or sections
384 of the disclosure in which it was included.
385 (6) Each elected constitutional officer, state officer,
386 local officer, and specified state employee shall file a
387 quarterly report of the names of clients represented for a fee
388 or commission, except for appearances in ministerial matters,
389 before agencies at his or her level of government. For the
390 purposes of this part, agencies of government shall be
391 classified as state-level agencies or agencies below state
392 level. Each local officer shall file such report with the
393 supervisor of elections of the county in which the officer is
394 principally employed or is a resident. Each state officer,
395 elected constitutional officer, and specified state employee
396 shall file such report with the commission. Beginning January 1,
397 2024, each local officer shall file such report with the
398 commission. The report must shall be filed only when a
399 reportable representation is made during the calendar quarter
400 and must shall be filed no later than the last day of each
401 calendar quarter, for the previous calendar quarter.
402 Representation before any agency shall be deemed to include
403 representation by such officer or specified state employee or by
404 any partner or associate of the professional firm of which he or
405 she is a member and of which he or she has actual knowledge. For
406 the purposes of this subsection, the term “representation before
407 any agency” does not include appearances before any court or the
408 Deputy Chief Judge of Compensation Claims or judges of
409 compensation claims or representations on behalf of one’s agency
410 in one’s official capacity. Such term does not include the
411 preparation and filing of forms and applications merely for the
412 purpose of obtaining or transferring a license based on a quota
413 or a franchise of such agency or a license or operation permit
414 to engage in a profession, business, or occupation, so long as
415 the issuance or granting of such license, permit, or transfer
416 does not require substantial discretion, a variance, a special
417 consideration, or a certificate of public convenience and
418 necessity.
419 (8) Beginning January 1, 2024, forms for compliance with
420 the disclosure requirements of this section and a current list
421 of persons subject to disclosure must shall be created by the
422 commission and provided to each supervisor of elections. The
423 commission shall allow a filer to include attachments or other
424 supporting documentation when filing a disclosure. Beginning
425 January 1, 2024, the commission and each supervisor of elections
426 shall give notice of disclosure deadlines, and delinquencies,
427 and instructions distribute forms in the following manner:
428 (a)1. Not later than May 1 of each year, the commission
429 shall prepare a current list of the names, e-mail addresses, and
430 physical addresses of, and the offices or positions held by,
431 every state officer, local officer, and specified employee. Each
432 unit of government shall assist the commission in compiling the
433 list by providing to the commission not later than February 1 of
434 each year the name, e-mail address, physical address, and name
435 of agency of, and the office or position held by, each state
436 officer, local officer, or specified state employee within the
437 respective unit of government as of December 31 of the preceding
438 year.
439 2. Not later than May 15 of each year, the commission shall
440 provide each supervisor of elections with a current list of all
441 local officers required to file with such supervisor of
442 elections.
443 (b) The commission shall notify by e-mail, not later than
444 June 1 of each year, all persons required to file a statement of
445 financial interests under subsection (3) of all of the
446 following:
447 1. All applicable filing deadlines for completing and
448 filing the statement on the electronic filing system.
449 2. Instructions on how to complete and file the statement
450 on the electronic filing system or where to access such
451 instructions.
452
453 Beginning January 1, 2024, paper forms may not be provided and
454 persons required to file a statement of financial interests must
455 complete and file such statements on the electronic filing
456 system pursuant to paragraph (2)(e) Not later than June 1 of
457 each year, the commission and each supervisor of elections, as
458 appropriate, shall distribute a copy of the form prescribed for
459 compliance with subsection (3) and a notice of all applicable
460 disclosure forms and filing deadlines to each person required to
461 file a statement of financial interests. Beginning January 1,
462 2024, no paper forms will be provided. The notice required under
463 this paragraph and instructions for electronic submission must
464 be delivered by e-mail.
465 (c) Not later than August 1 of each year, the commission
466 and each supervisor of elections shall determine which persons
467 required to file a statement of financial interests in their
468 respective offices have failed to do so and shall send
469 delinquency notices to these persons. Through December 31, 2023,
470 delinquency notices must be sent by certified mail, return
471 receipt requested. Each notice must state that a grace period is
472 in effect until September 1 of the current year; that no
473 investigative or disciplinary action based upon the delinquency
474 will be taken by the agency head or commission if the statement
475 is filed by September 1 of the current year; that, if the
476 statement is not filed by September 1 of the current year, a
477 fine of $25 for each day late will be imposed, up to a maximum
478 penalty of $1,500; for notices distributed by a supervisor of
479 elections, that he or she is required by law to notify the
480 commission of the delinquency; and that, if upon the filing of a
481 sworn complaint the commission finds that the person has failed
482 to timely file the statement within 60 days after September 1 of
483 the current year, such person will also be subject to the
484 penalties provided in s. 112.317. Beginning January 1, 2024,
485 notice required under this paragraph must be delivered by e-mail
486 and must be redelivered on a weekly basis by e-mail as long as
487 the person remains delinquent.
488 (d) Beginning January 1, 2024, disclosure statements
489 required to be filed with the commission must be filed by 11:59
490 p.m. on the due date using the commission’s electronic filing
491 system pursuant to s. 112.31446 No later than November 15 of
492 each year, the supervisor of elections in each county shall
493 certify to the commission a list of the names and addresses of,
494 and the offices or positions held by, all persons who have
495 failed to timely file the required statements of financial
496 interests. The certification must include the earliest of the
497 dates described in subparagraph (g)1. The certification shall be
498 on a form prescribed by the commission and shall indicate
499 whether the supervisor of elections has provided the disclosure
500 forms and notice as required by this subsection to all persons
501 named on the delinquency list.
502 (e) Statements must be received by the commission not later
503 than 5 p.m. of the due date. However, any statement that is
504 postmarked by the United States Postal Service by midnight of
505 the due date is deemed to have been filed in a timely manner,
506 and a certificate of mailing obtained from and dated by the
507 United States Postal Service at the time of the mailing, or a
508 receipt from an established courier company which bears a date
509 on or before the due date, constitutes proof of mailing in a
510 timely manner. Beginning January 1, 2023, upon request of the
511 filer, the commission must provide verification to the filer
512 that the commission has received the filed statement.
513 (f) Beginning January 1, 2023, the statement must be
514 accompanied by a declaration as provided in s. 92.525(2) and an
515 electronic acknowledgment thereof.
516 (f)(g) Any person who is required to file a statement of
517 financial interests and whose name is on the commission’s list,
518 and to whom notice has been sent, but who fails to timely file
519 is assessed a fine of $25 per day for each day late up to a
520 maximum of $1,500; however, this $1,500 limitation on automatic
521 fines does not limit the civil penalty that may be imposed if
522 the statement is filed more than 60 days after the deadline and
523 a complaint is filed, as provided in s. 112.324. The commission
524 must provide by rule the grounds for waiving the fine and
525 procedures by which each person whose name is on the list and
526 who is determined to have not filed in a timely manner will be
527 notified of assessed fines and may appeal. The rule must provide
528 for and make specific that the amount of the fine is based upon
529 the date and time that the disclosure is filed on the electronic
530 filing system as provided in s. 112.31446. the following:
531 1. Beginning January 1, 2024, The amount of the fine due is
532 based upon the earliest of the following:
533 a. When a statement is actually received by the office.
534 b. When the statement is postmarked.
535 c. When the certificate of mailing is dated.
536 d. When the receipt from an established courier company is
537 dated.
538 2. for a specified state employee, or a state officer, or
539 local officer, upon receipt of the disclosure statement by the
540 commission or upon accrual of the maximum penalty, whichever
541 occurs first, and for a local officer upon receipt by the
542 commission of the certification from the local officer’s
543 supervisor of elections pursuant to paragraph (d), the
544 commission shall determine the amount of the fine which is due
545 and shall notify the delinquent person. The notice must include
546 an explanation of the appeal procedure under subparagraph 2. 3.
547 The fine must be paid within 30 days after the notice of payment
548 due is transmitted, unless appeal is made to the commission
549 pursuant to subparagraph 2. 3. The moneys are to be deposited
550 into the General Revenue Fund.
551 2.3. Any reporting person may appeal or dispute a fine,
552 based upon unusual circumstances surrounding the failure to file
553 on the designated due date, and may request and is entitled to a
554 hearing before the commission, which may waive the fine in whole
555 or in part for good cause shown. Any such request must be in
556 writing and received by the commission within 30 days after the
557 notice of payment due is transmitted. In such a case, the
558 reporting person must, within the 30-day period, notify the
559 person designated to review the timeliness of reports in writing
560 of his or her intention to bring the matter before the
561 commission. For purposes of this subparagraph, the term “unusual
562 circumstances” does not include the failure to monitor an e-mail
563 account or failure to receive notice if the person has not
564 notified the commission of a change in his or her e-mail
565 address.
566 (g)(h) Any state officer, local officer, or specified
567 employee whose name is not on the list of persons required to
568 file an annual statement of financial interests is not subject
569 to the penalties provided in s. 112.317 or the fine provided in
570 this section for failure to timely file a statement of financial
571 interests in any year in which the omission occurred, but
572 nevertheless is required to file the disclosure statement.
573 (h)(i) The notification requirements and fines of this
574 subsection do not apply to candidates or to the first or final
575 filing required of any state officer, specified employee, or
576 local officer as provided in paragraph (2)(b).
577 (i)(j) Notwithstanding any provision of chapter 120, any
578 fine imposed under this subsection which is not waived by final
579 order of the commission and which remains unpaid more than 60
580 days after the notice of payment due or more than 60 days after
581 the commission renders a final order on the appeal must be
582 submitted to the Department of Financial Services as a claim,
583 debt, or other obligation owed to the state, and the department
584 shall assign the collection of such a fine to a collection agent
585 as provided in s. 17.20.
586 Section 7. Subsection (1) of section 112.317, Florida
587 Statutes, is amended to read:
588 112.317 Penalties.—
589 (1) Any violation of this part, including, but not limited
590 to, failure to file disclosures required by this part or
591 violation of any standard of conduct imposed by this part, or
592 any violation of s. 8, Art. II of the State Constitution, in
593 addition to any criminal penalty or other civil penalty
594 involved, under applicable constitutional and statutory
595 procedures, constitutes grounds for, and may be punished by, one
596 or more of the following:
597 (a) In the case of a public officer:
598 1. Impeachment.
599 2. Removal from office.
600 3. Suspension from office.
601 4. Public censure and reprimand.
602 5. Forfeiture of no more than one-third of his or her
603 salary per month for no more than 12 months.
604 6. A civil penalty not to exceed $20,000 $10,000.
605 7. Restitution of any pecuniary benefits received because
606 of the violation committed. The commission may recommend that
607 the restitution penalty be paid to the agency of which the
608 public officer was a member or to the General Revenue Fund.
609 (b) In the case of an employee or a person designated as a
610 public officer by this part who otherwise would be deemed to be
611 an employee:
612 1. Dismissal from employment.
613 2. Suspension from employment for not more than 90 days
614 without pay.
615 3. Demotion.
616 4. Reduction in his or her salary level.
617 5. Forfeiture of no more than one-third salary per month
618 for no more than 12 months.
619 6. A civil penalty not to exceed $20,000 $10,000.
620 7. Restitution of any pecuniary benefits received because
621 of the violation committed. The commission may recommend that
622 the restitution penalty be paid to the agency by which the
623 public employee was employed, or of which the officer was deemed
624 to be an employee, or to the General Revenue Fund.
625 8. Public censure and reprimand.
626 (c) In the case of a candidate who violates this part or s.
627 8(a) and (i), Art. II of the State Constitution:
628 1. Disqualification from being on the ballot.
629 2. Public censure.
630 3. Reprimand.
631 4. A civil penalty not to exceed $20,000 $10,000.
632 (d) In the case of a former public officer or employee who
633 has violated a provision applicable to former officers or
634 employees or whose violation occurred before the officer’s or
635 employee’s leaving public office or employment:
636 1. Public censure and reprimand.
637 2. A civil penalty not to exceed $20,000 $10,000.
638 3. Restitution of any pecuniary benefits received because
639 of the violation committed. The commission may recommend that
640 the restitution penalty be paid to the agency of the public
641 officer or employee or to the General Revenue Fund.
642 (e) In the case of a person who is subject to the standards
643 of this part, other than a lobbyist or lobbying firm under s.
644 112.3215 for a violation of s. 112.3215, but who is not a public
645 officer or employee:
646 1. Public censure and reprimand.
647 2. A civil penalty not to exceed $20,000 $10,000.
648 3. Restitution of any pecuniary benefits received because
649 of the violation committed. The commission may recommend that
650 the restitution penalty be paid to the agency of the person or
651 to the General Revenue Fund.
652 Section 8. Present paragraph (d) of subsection (8) of
653 section 112.3215, Florida Statutes, is redesignated as paragraph
654 (e), a new paragraph (d) is added to that subsection, and
655 paragraph (c) of subsection (8) and subsection (9) of that
656 section are amended, to read:
657 112.3215 Lobbying before the executive branch or the
658 Constitution Revision Commission; registration and reporting;
659 investigation by commission.—
660 (8)
661 (c) The commission shall investigate any lobbying firm,
662 lobbyist, principal, agency, officer, or employee upon receipt
663 of information from a sworn complaint or from a random audit of
664 lobbying reports indicating that the entity or individual has
665 intentionally failed to disclose any material fact or has
666 knowingly submitted false information in any report required by
667 this section or by rules adopted pursuant to this section a
668 possible violation other than a late-filed report.
669 (d) Notwithstanding paragraphs (a), (b), and (c), the
670 commission may dismiss any complaint or investigation resulting
671 from a random audit of lobbying reports at any stage of
672 disposition if it determines that the public interest is not
673 served by proceeding further, in which case the commission must
674 issue a public report stating with particularity its reasons for
675 the dismissal.
676 (9) If the commission finds no probable cause to believe
677 that a violation of this section occurred, it must shall dismiss
678 the complaint, whereupon the complaint, together with a written
679 statement of the findings of the investigation and a summary of
680 the facts, becomes shall become a matter of public record, and
681 the commission must shall send a copy of the complaint,
682 findings, and summary to the complainant and the alleged
683 violator. If, after investigating information from a random
684 audit of lobbying reports, the commission finds no probable
685 cause to believe that a violation of this section occurred, a
686 written statement of the findings of the investigation and a
687 summary of the facts becomes shall become a matter of public
688 record, and the commission must shall send a copy of the
689 findings and summary to the alleged violator. If the commission
690 finds probable cause to believe that a violation occurred, it
691 must shall report the results of its investigation to the
692 Governor and Cabinet and send a copy of the report to the
693 alleged violator by certified mail. Such notification and all
694 documents made or received in the disposition of the complaint
695 shall then become public records. Upon a request submitted to
696 the Governor and Cabinet in writing, any person whom the
697 commission finds probable cause to believe has violated any
698 provision of this section shall be entitled to a public hearing.
699 Such person shall be deemed to have waived the right to a public
700 hearing if the request is not received within 14 days following
701 the mailing of the probable cause notification. However, the
702 Governor and Cabinet may on its own motion require a public
703 hearing and may conduct such further investigation as it deems
704 necessary.
705 Section 9. Paragraph (a) of subsection (11) of section
706 112.324, Florida Statutes, is amended to read:
707 112.324 Procedures on complaints of violations and
708 referrals; public records and meeting exemptions.—
709 (11)(a) Notwithstanding subsections (1)-(8), the commission
710 may dismiss any complaint or referral at any stage of
711 disposition if it determines that the violation that is alleged
712 or has occurred is a de minimis violation attributable to
713 inadvertent or unintentional error. In determining whether a
714 violation was de minimis, the commission shall consider whether
715 the interests of the public were protected despite the
716 violation. This subsection does not apply to complaints or
717 referrals pursuant to ss. 112.3144 and 112.3145.
718 Section 10. Upon this act becoming a law, the Commission on
719 Ethics shall, as necessary, revise its financial disclosure
720 forms and instructions and any related rules to conform to this
721 act. Any such revisions to disclosure forms and instructions
722 pertaining to the 2022 filing year shall be exempt from the
723 requirements of chapter 120, Florida Statutes.
724 Section 11. This act shall take effect upon becoming law.
725
726 ================= T I T L E A M E N D M E N T ================
727 And the title is amended as follows:
728 Delete everything before the enacting clause
729 and insert:
730 A bill to be entitled
731 An act relating to ethics requirements for public
732 officials; amending s. 99.061, F.S.; requiring
733 candidates for specified elective offices to file a
734 full and public disclosure at the time of qualifying;
735 authorizing candidates to file a certain verification
736 or receipt with the qualifying officer unless certain
737 conditions exist; conforming provisions to changes
738 made by the act; amending s. 112.3142, F.S.; revising
739 legislative intent; requiring commissioners of
740 community redevelopment agencies to complete annual
741 ethics training; exempting commissioners who assumed
742 office after a specified date from completing the
743 required annual ethics training for that calendar
744 year; reenacting and amending s. 112.3144, F.S.;
745 requiring specified local officers to file full and
746 public disclosures; requiring the Commission on Ethics
747 to accept federal income tax returns and any
748 attachments or schedules for a specified purpose;
749 deleting the prohibition on including a federal income
750 tax return or a copy thereof for certain filings;
751 requiring the commission to allow a filer to include
752 attachments and other supporting documentation with
753 his or her disclosure; revising the notice the
754 commission sends to specified persons by e-mail;
755 requiring that disclosure statements be filed using
756 the commission’s electronic filing system; revising
757 the deadline for disclosures to be received by the
758 commission; deleting provisions relating to financial
759 statements filed by mail; revising a provision
760 requiring the commission to adopt a specified rule;
761 requiring an individual appointed to replace an
762 elected local officer who leaves office before the end
763 of his or her term to file a full and public
764 disclosure of financial interests annually for the
765 remainder of his or her term in office; amending s.
766 112.31445, F.S.; requiring the commission to publish a
767 specified notice on the electronic filing system for
768 the disclosure of financial interests; requiring that
769 the filing system allow a filer to include attachments
770 and other supporting documentation; amending s.
771 112.31446, F.S.; requiring that the electronic filing
772 system allow a filer to submit attachments and other
773 supporting documentation when a disclosure is filed;
774 reenacting and amending s. 112.3145, F.S.; deleting a
775 prohibition on including a federal income tax return
776 or copy thereof in a financial disclosure; deleting a
777 provision requiring specified local officers to file
778 reports with the supervisor of elections of the
779 officer’s county of principal employment or residence;
780 requiring local officers to file their quarterly
781 reports of the names of clients they represent for a
782 fee or commission with the Commission on Ethics;
783 deleting a provision requiring the commission to
784 provide a specified list to the supervisors of
785 elections; requiring the commission to allow a filer
786 to include attachments or other documentation when
787 filing a disclosure; deleting a provision requiring
788 the commission to provide the supervisors of elections
789 a certain list annually by a specified date; requiring
790 the commission to provide a certain notice by e-mail,
791 beginning on a specified date; providing that,
792 beginning on a specified date, paper forms will no
793 longer be provided; requiring the commission, before a
794 specified date, to determine which persons have not
795 submitted a required statement and to send delinquency
796 notices to such persons; requiring that disclosure
797 statements be filed using the electronic filing
798 system, beginning on a specified date; revising the
799 criteria for a rule that the commission must adopt
800 regarding the electronic filing of disclosure
801 statements; requiring the commission to determine the
802 amount of fines for all delinquent filers, beginning
803 on a specified date; conforming provisions to changes
804 made by the act; amending s. 112.317, F.S.; increasing
805 the maximum civil penalty allowed for certain
806 violations related to statements of financial
807 disclosure; amending s. 112.3215, F.S.; requiring the
808 commission to investigate specified entities or
809 individuals that intentionally failed to disclose any
810 material fact or that knowingly submitted false
811 information in certain required reports; authorizing
812 the commission to dismiss certain complaints and
813 investigations; requiring the commission to issue a
814 specified public report if it dismisses such a
815 complaint or investigation; making technical changes;
816 amending s. 112.324, F.S.; revising applicability;
817 requiring the commission to revise financial
818 disclosure forms and rules for the 2022 filing year to
819 conform to changes made by the act; exempting such
820 revisions from specified rulemaking requirements;
821 providing an effective date.