Florida Senate - 2023                       CS for CS for SB 774
       
       
        
       By the Committees on Rules; and Ethics and Elections; and
       Senator Brodeur
       
       
       
       
       595-03337-23                                           2023774c2
    1                        A bill to be entitled                      
    2         An act relating to ethics requirements for public
    3         officials; amending s. 99.061, F.S.; requiring
    4         candidates for specified elective offices to file a
    5         full and public disclosure at the time of qualifying;
    6         authorizing candidates to file a certain verification
    7         or receipt with the qualifying officer unless certain
    8         conditions exist; conforming provisions to changes
    9         made by the act; amending s. 112.3142, F.S.; revising
   10         legislative intent; requiring commissioners of
   11         community redevelopment agencies to complete annual
   12         ethics training; exempting commissioners who assumed
   13         office after a specified date from completing the
   14         required annual ethics training for that calendar
   15         year; reenacting and amending s. 112.3144, F.S.;
   16         requiring specified local officers to file full and
   17         public disclosures; requiring the Commission on Ethics
   18         to accept federal income tax returns and any
   19         attachments or schedules for a specified purpose;
   20         deleting the prohibition on including a federal income
   21         tax return or a copy thereof for certain filings;
   22         requiring the commission to allow a filer to include
   23         attachments and other supporting documentation with
   24         his or her disclosure; revising the notice the
   25         commission sends to specified persons by e-mail;
   26         requiring that disclosure statements be filed using
   27         the commission’s electronic filing system; revising
   28         the deadline for disclosures to be received by the
   29         commission; deleting provisions relating to financial
   30         statements filed by mail; revising a provision
   31         requiring the commission to adopt a specified rule;
   32         requiring an individual appointed to replace an
   33         elected local officer who leaves office before the end
   34         of his or her term to file a full and public
   35         disclosure of financial interests annually for the
   36         remainder of his or her term in office; amending s.
   37         112.31445, F.S.; requiring the commission to publish a
   38         specified notice on the electronic filing system for
   39         the disclosure of financial interests; requiring that
   40         the filing system allow a filer to include attachments
   41         and other supporting documentation; amending s.
   42         112.31446, F.S.; requiring that the electronic filing
   43         system allow a filer to submit attachments and other
   44         supporting documentation when a disclosure is filed;
   45         reenacting and amending s. 112.3145, F.S.; deleting a
   46         prohibition on including a federal income tax return
   47         or copy thereof in a financial disclosure; deleting a
   48         provision requiring specified local officers to file
   49         reports with the supervisor of elections of the
   50         officer’s county of principal employment or residence;
   51         requiring local officers to file their quarterly
   52         reports of the names of clients they represent for a
   53         fee or commission with the Commission on Ethics;
   54         deleting a provision requiring the commission to
   55         provide a specified list to the supervisors of
   56         elections; requiring the commission to allow a filer
   57         to include attachments or other documentation when
   58         filing a disclosure; deleting a provision requiring
   59         the commission to provide the supervisors of elections
   60         a certain list annually by a specified date; requiring
   61         the commission to provide a certain notice by e-mail,
   62         beginning on a specified date; providing that,
   63         beginning on a specified date, paper forms will no
   64         longer be provided; requiring the commission, before a
   65         specified date, to determine which persons have not
   66         submitted a required statement and to send delinquency
   67         notices to such persons; requiring that disclosure
   68         statements be filed using the electronic filing
   69         system, beginning on a specified date; revising the
   70         criteria for a rule that the commission must adopt
   71         regarding the electronic filing of disclosure
   72         statements; requiring the commission to determine the
   73         amount of fines for all delinquent filers, beginning
   74         on a specified date; conforming provisions to changes
   75         made by the act; amending s. 112.317, F.S.; increasing
   76         the maximum civil penalty allowed for certain
   77         violations related to statements of financial
   78         disclosure; amending s. 112.3215, F.S.; requiring the
   79         commission to investigate specified entities or
   80         individuals that intentionally failed to disclose any
   81         material fact or that knowingly submitted false
   82         information in certain required reports; authorizing
   83         the commission to dismiss certain complaints and
   84         investigations; requiring the commission to issue a
   85         specified public report if it dismisses such a
   86         complaint or investigation; making technical changes;
   87         amending s. 112.324, F.S.; revising applicability;
   88         requiring the commission to revise financial
   89         disclosure forms and rules for the 2022 filing year to
   90         conform to changes made by the act; exempting such
   91         revisions from specified rulemaking requirements;
   92         providing an effective date.
   93          
   94  Be It Enacted by the Legislature of the State of Florida:
   95  
   96         Section 1. Subsection (5) and paragraph (a) of subsection
   97  (7) of section 99.061, Florida Statutes, are amended to read:
   98         99.061 Method of qualifying for nomination or election to
   99  federal, state, county, or district office.—
  100         (5) At the time of qualifying for office, each candidate
  101  for a constitutional office, or for another elective office
  102  subject to an annual filing requirement pursuant to s. 112.3144,
  103  shall file a full and public disclosure of financial interests
  104  pursuant to s. 8, Art. II of the State Constitution, which must
  105  be verified under oath or affirmation pursuant to s.
  106  92.525(1)(a), and a candidate for any other office, including
  107  local elective office, shall file a statement of financial
  108  interests pursuant to s. 112.3145. A candidate who is subject to
  109  an annual filing requirement under s. 112.3144 may file a
  110  verification or receipt of electronic filing pursuant to s.
  111  112.3144(4). A candidate who is subject to an annual filing
  112  requirement under s. 112.3145 may file a verification or receipt
  113  of electronic filing pursuant to s. 112.3145(2)(c) unless the
  114  candidate is required to file a full and public disclosure of
  115  financial interests pursuant to s. 8, Art. II of the State
  116  Constitution or this subsection.
  117         (7)(a) In order for a candidate to be qualified, the
  118  following items must be received by the filing officer by the
  119  end of the qualifying period:
  120         1. A properly executed check drawn upon the candidate’s
  121  campaign account payable to the person or entity as prescribed
  122  by the filing officer in an amount not less than the fee
  123  required by s. 99.092, unless the candidate obtained the
  124  required number of signatures on petitions pursuant to s.
  125  99.095. The filing fee for a special district candidate is not
  126  required to be drawn upon the candidate’s campaign account. If a
  127  candidate’s check is returned by the bank for any reason, the
  128  filing officer shall immediately notify the candidate and the
  129  candidate shall have until the end of qualifying to pay the fee
  130  with a cashier’s check purchased from funds of the campaign
  131  account. Failure to pay the fee as provided in this subparagraph
  132  shall disqualify the candidate.
  133         2. The candidate’s oath required by s. 99.021, which must
  134  contain the name of the candidate as it is to appear on the
  135  ballot; the office sought, including the district or group
  136  number if applicable; and the signature of the candidate, which
  137  must be verified under oath or affirmation pursuant to s.
  138  92.525(1)(a).
  139         3. If the office sought is partisan, the written statement
  140  of political party affiliation required by s. 99.021(1)(b); or
  141  if the candidate is running without party affiliation for a
  142  partisan office, the written statement required by s.
  143  99.021(1)(c).
  144         4. The completed form for the appointment of campaign
  145  treasurer and designation of campaign depository, as required by
  146  s. 106.021.
  147         5. The full and public disclosure or statement of financial
  148  interests required by subsection (5). A public officer who has
  149  filed the full and public disclosure or statement of financial
  150  interests with the Commission on Ethics before or the supervisor
  151  of elections prior to qualifying for office may file a copy of
  152  that disclosure or a verification or receipt of electronic
  153  filing as provided in subsection (5) at the time of qualifying.
  154         Section 2. Paragraph (e) of subsection (2) of section
  155  112.3142, Florida Statutes, is amended to read:
  156         112.3142 Ethics training for specified constitutional
  157  officers, elected municipal officers, and commissioners.—
  158         (2)
  159         (e) The Legislature intends that a constitutional officer,
  160  a commissioner of a community redevelopment agency, or an
  161  elected municipal officer who is required to complete ethics
  162  training pursuant to this section receive the required training
  163  as close as possible to the date that he or she assumes office.
  164  A constitutional officer, a commissioner of a community
  165  redevelopment agency, or an elected municipal officer assuming a
  166  new office or new term of office on or before March 31 must
  167  complete the annual training on or before December 31 of the
  168  year in which the term of office began. A constitutional
  169  officer, a commissioner of a community redevelopment agency, or
  170  an elected municipal officer assuming a new office or new term
  171  of office after March 31 is not required to complete ethics
  172  training for the calendar year in which the term of office
  173  began.
  174         Section 3. Notwithstanding the expiration date in section
  175  92 of chapter 2022-157, Laws of Florida, paragraph (c) of
  176  subsection (6), paragraphs (a) and (c) of subsection (7), and
  177  subsections (8) and (10) of section 112.3144, Florida Statutes,
  178  are reenacted and amended, and paragraph (d) is added to
  179  subsection (1) of that section, to read:
  180         112.3144 Full and public disclosure of financial
  181  interests.—
  182         (1)
  183         (d)Beginning January 1, 2024, the following local officers
  184  must comply with the financial disclosure requirements of s. 8,
  185  Art. II of the State Constitution and this section:
  186         1.Mayors.
  187         2.Elected members of the governing body of a municipality.
  188         (6)
  189         (c) Each separate source and amount of income which exceeds
  190  $1,000 must be identified. For the purpose of a filer reporting
  191  income, the commission shall accept federal income tax returns.
  192  If a filer submits a federal income tax return for the purpose
  193  of reporting income, he or she must also include all attachments
  194  and schedules associated with such federal income tax return
  195  Beginning January 1, 2023, a federal income tax return may not
  196  be used for purposes of reporting income, and the commission may
  197  not accept a federal income tax return or a copy thereof.
  198         (7)(a) Beginning January 1, 2023, a filer may not include
  199  in a filing to the commission a federal income tax return or a
  200  copy thereof; a social security number; a bank, mortgage, or
  201  brokerage account number; a debit, charge, or credit card
  202  number; a personal identification number; or a taxpayer
  203  identification number. If a filer includes such information in
  204  his or her filing, the information may be made available as part
  205  of the official records of the commission available for public
  206  inspection and copying unless redaction is requested by the
  207  filer. The commission is not liable for the release of social
  208  security numbers or bank account, debit, charge, or credit card
  209  numbers included in a filing to the commission if the filer has
  210  not requested redaction of such information.
  211         (c) The commission must conspicuously post a notice, in
  212  substantially the following form, in the instructions for the
  213  electronic filing system specifying that:
  214         1. Any filer submitting information through the electronic
  215  filing system may not include a federal income tax return or a
  216  copy thereof; a social security number; a bank, mortgage, or
  217  brokerage account number; a debit, charge, or credit card
  218  number; a personal identification number; or a taxpayer
  219  identification number in any filing unless required by law.
  220         2. Information submitted through the electronic filing
  221  system may be open to public inspection and copying.
  222         3. Any filer has a right to request that the commission
  223  redact from his or her filing any social security number, bank
  224  account number, or debit, charge, or credit card number
  225  contained in the filing. Such request must be made in writing
  226  and delivered to the commission. The request must specify the
  227  information to be redacted and the specific section or sections
  228  of the disclosure in which it was included.
  229         (8) Forms or fields of information for compliance with the
  230  full and public disclosure requirements of s. 8, Art. II of the
  231  State Constitution must shall be prescribed by the commission.
  232  The commission shall allow a filer to include attachments or
  233  other supporting documentation when filing a disclosure. The
  234  commission shall give notice of disclosure deadlines and
  235  delinquencies and distribute forms in the following manner:
  236         (a) Not later than May 1 of each year, the commission shall
  237  prepare a current list of the names, e-mail addresses, and
  238  physical addresses of and the offices held by every person
  239  required to file full and public disclosure annually by s. 8,
  240  Art. II of the State Constitution, or other state law. Each unit
  241  of government shall assist the commission in compiling the list
  242  by providing to the commission not later than February 1 of each
  243  year the name, e-mail address, physical address, and name of the
  244  office held by such person within the respective unit of
  245  government as of December 31 of the preceding year.
  246         (b) Not later than June 1 of each year, the commission
  247  shall notify by e-mail all persons required to file a full and
  248  public disclosure of financial interests of all of the
  249  following:
  250         1.All applicable filing deadlines for completing and
  251  filing the full and public disclosure of financial interests
  252  prescribed under subsection (3) on the electronic filing system.
  253         2.Instructions on how to complete and file the full and
  254  public disclosure of financial interests as prescribed by
  255  subsection (3) on the electronic filing system, or where to
  256  access such instructions.
  257  
  258  Beginning January 1, 2023, paper forms may not be provided and
  259  persons required to file a full and public disclosure of
  260  financial interests must complete and file their disclosures on
  261  the electronic filing system pursuant to subsection (2) Not
  262  later than June 1 of each year, the commission shall distribute
  263  a copy of the form prescribed for compliance with full and
  264  public disclosure and a notice of the filing deadline to each
  265  person on the list. Beginning January 1, 2022, no paper forms
  266  will be provided by mail. The notice required under this
  267  paragraph and instructions for electronic submission must be
  268  delivered by e-mail.
  269         (c) Not later than August 1 of each year, the commission
  270  shall determine which persons on the list have failed to file
  271  full and public disclosure and shall send delinquency notices to
  272  such persons. Each notice must state that a grace period is in
  273  effect until September 1 of the current year. Beginning January
  274  1, 2022, The notice required under this paragraph must be
  275  delivered by e-mail and must be redelivered on a weekly basis by
  276  e-mail as long as a person remains delinquent.
  277         (d) Disclosures must be received by the commission not
  278  later than 11:59 5 p.m. of the due date. However, any disclosure
  279  that is postmarked by the United States Postal Service by
  280  midnight of the due date is deemed to have been filed in a
  281  timely manner, and a certificate of mailing obtained from and
  282  dated by the United States Postal Service at the time of the
  283  mailing, or a receipt from an established courier company which
  284  bears a date on or before the due date, constitutes proof of
  285  mailing in a timely manner. Beginning January 1, 2023, upon
  286  request of the filer, the commission must provide verification
  287  to the filer that the commission has received the filed
  288  disclosure.
  289         (e) Beginning January 1, 2023, a written declaration, as
  290  provided for under s. 92.525(2), accompanied by an electronic
  291  signature satisfies the requirement that the disclosure be
  292  sworn.
  293         (f) Any person who is required to file full and public
  294  disclosure of financial interests and whose name is on the
  295  commission’s list, and to whom notice has been sent, but who
  296  fails to timely file is assessed a fine of $25 per day for each
  297  day late up to a maximum of $1,500; however this $1,500
  298  limitation on automatic fines does not limit the civil penalty
  299  that may be imposed if the statement is filed more than 60 days
  300  after the deadline and a complaint is filed, as provided in s.
  301  112.324. The commission must provide by rule the grounds for
  302  waiving the fine and the procedures by which each person whose
  303  name is on the list and who is determined to have not filed in a
  304  timely manner will be notified of assessed fines and may appeal.
  305  The rule must provide for and make specific that the amount of
  306  the fine due is based upon when the disclosure is filed on the
  307  electronic filing system created and maintained by the
  308  commission as provided in s. 112.31446. the following:
  309         1. The amount of the fine due is based upon the earliest of
  310  the following:
  311         a. When a statement is actually received by the office.
  312         b. When the statement is postmarked.
  313         c. When the certificate of mailing is dated.
  314         d. When the receipt from an established courier company is
  315  dated.
  316         2. Upon receipt of the disclosure statement or upon accrual
  317  of the maximum penalty, whichever occurs first, the commission
  318  shall determine the amount of the fine which is due and shall
  319  notify the delinquent person. The notice must include an
  320  explanation of the appeal procedure under subparagraph 2. 3.
  321  Such fine must be paid within 30 days after the notice of
  322  payment due is transmitted, unless appeal is made to the
  323  commission pursuant to subparagraph 2. 3. The moneys shall be
  324  deposited into the General Revenue Fund.
  325         2.3. Any reporting person may appeal or dispute a fine,
  326  based upon unusual circumstances surrounding the failure to file
  327  on the designated due date, and may request and is entitled to a
  328  hearing before the commission, which may waive the fine in whole
  329  or in part for good cause shown. Any such request must be in
  330  writing and received by the commission within 30 days after the
  331  notice of payment due is transmitted. In such a case, the
  332  reporting person must, within the 30-day period, notify the
  333  person designated to review the timeliness of reports in writing
  334  of his or her intention to bring the matter before the
  335  commission. For purposes of this subparagraph, “unusual
  336  circumstances” does not include the failure to monitor an e-mail
  337  account or failure to receive notice if the person has not
  338  notified the commission of a change in his or her e-mail
  339  address.
  340         (g) Any person subject to the annual filing of full and
  341  public disclosure under s. 8, Art. II of the State Constitution,
  342  or other state law, whose name is not on the commission’s list
  343  of persons required to file full and public disclosure is not
  344  subject to the fines or penalties provided in this part for
  345  failure to file full and public disclosure in any year in which
  346  the omission occurred, but nevertheless is required to file the
  347  disclosure statement.
  348         (h) The notification requirements and fines of this
  349  subsection do not apply to candidates or to the first filing
  350  required of any person appointed to elective constitutional
  351  office or other position required to file full and public
  352  disclosure, unless the person’s name is on the commission’s
  353  notification list and the person received notification from the
  354  commission. The appointing official shall notify such newly
  355  appointed person of the obligation to file full and public
  356  disclosure by July 1. The notification requirements and fines of
  357  this subsection do not apply to the final filing provided for in
  358  subsection (10).
  359         (i) Notwithstanding any provision of chapter 120, any fine
  360  imposed under this subsection which is not waived by final order
  361  of the commission and which remains unpaid more than 60 days
  362  after the notice of payment due or more than 60 days after the
  363  commission renders a final order on the appeal must be submitted
  364  to the Department of Financial Services as a claim, debt, or
  365  other obligation owed to the state, and the department shall
  366  assign the collection of such fine to a collection agent as
  367  provided in s. 17.20.
  368         (10) Each person required to file full and public
  369  disclosure of financial interests shall file a final disclosure
  370  statement within 60 days after leaving his or her public
  371  position for the period between January 1 of the year in which
  372  the person leaves and the last day of office or employment,
  373  unless within the 60-day period the person takes another public
  374  position requiring financial disclosure under s. 8, Art. II of
  375  the State Constitution, or is otherwise required to file full
  376  and public disclosure for the final disclosure period. The head
  377  of the agency of each person required to file full and public
  378  disclosure for the final disclosure period shall notify such
  379  persons of their obligation to file the final disclosure and may
  380  designate a person to be responsible for the notification
  381  requirements of this subsection. When an elected local officer
  382  specified in paragraph (1)(d) leaves office before the
  383  expiration of his or her term, any individual appointed to
  384  replace such officer for the remainder of that term must file a
  385  full and public disclosure of financial interests annually
  386  thereafter for the remainder of his or her term in office.
  387         Section 4. Subsections (4) and (5) are added to section
  388  112.31445, Florida Statutes, to read:
  389         112.31445 Electronic filing system; full and public
  390  disclosure of financial interests.—
  391         (4) The commission shall publish a notice on the electronic
  392  filing system instructing filers to redact a social security
  393  number; a bank, mortgage, or brokerage account number; a debit,
  394  charge, or credit card number; a personal identification number;
  395  or a taxpayer identification number in their filings.
  396         (5) The electronic filing system must allow a filer to
  397  include attachments or other supporting documentation when
  398  submitting a disclosure through the system.
  399         Section 5. Paragraph (f) is added to subsection (2) of
  400  section 112.31446, Florida Statutes, to read:
  401         112.31446 Electronic filing system for financial
  402  disclosure.—
  403         (2) By January 1, 2022, the commission shall procure and
  404  test an electronic filing system. At a minimum, the electronic
  405  filing system must:
  406         (f)Allow a filer to include attachments or other
  407  supporting documentation when submitting a disclosure or a
  408  statement through the system.
  409         Section 6. Notwithstanding the expiration date in section
  410  95 of chapter 2022-157, Laws of Florida, paragraphs (b) and (e)
  411  of subsection (2), paragraphs (a) and (c) of subsection (4), and
  412  subsections (6) and (8) of section 112.3145, Florida Statutes,
  413  are reenacted and amended to read:
  414         112.3145 Disclosure of financial interests and clients
  415  represented before agencies.—
  416         (2)
  417         (b) Each state or local officer, except local officers
  418  specified in s. 112.3144(1)(d), and each specified state
  419  employee shall file a statement of financial interests no later
  420  than July 1 of each year. Each state officer, local officer, and
  421  specified state employee shall file a final statement of
  422  financial interests within 60 days after leaving his or her
  423  public position for the period between January 1 of the year in
  424  which the person leaves and the last day of office or
  425  employment, unless within the 60-day period the person takes
  426  another public position requiring financial disclosure under
  427  this section or s. 8, Art. II of the State Constitution or
  428  otherwise is required to file full and public disclosure or a
  429  statement of financial interests for the final disclosure
  430  period. Each state or local officer who is appointed and each
  431  specified state employee who is employed shall file a statement
  432  of financial interests within 30 days from the date of
  433  appointment or, in the case of a specified state employee, from
  434  the date on which the employment begins, except that any person
  435  whose appointment is subject to confirmation by the Senate shall
  436  file before prior to confirmation hearings or within 30 days
  437  from the date of appointment, whichever comes first.
  438         (e) Beginning January 1, 2024, a statement of financial
  439  interests, and a final statement of financial interests and any
  440  amendments thereto, or any other form required by this section,
  441  except any statement of a candidate who is not subject to an
  442  annual filing requirement, must be filed electronically through
  443  an electronic filing system created and maintained by the
  444  commission as provided in s. 112.31446.
  445         (4)(a) Beginning January 1, 2024, A filer may not include
  446  in a filing to the commission a federal income tax return or a
  447  copy of thereof; a social security number; a bank, mortgage, or
  448  brokerage account number; a debit, charge, or credit card
  449  number; a personal identification number; or a taxpayer
  450  identification number. If a filer includes such information in
  451  his or her filing, the information may be made available as part
  452  of the official records of the commission available for public
  453  inspection and copying unless redaction is requested by the
  454  filer. The commission is not liable for the release of social
  455  security numbers, bank account numbers, or debit, charge, or
  456  credit card numbers included in a filing to the commission if
  457  the filer has not requested redaction of the information.
  458         (c) The commission must conspicuously post a notice, in
  459  substantially the following form, in the instructions for the
  460  electronic filing system specifying that:
  461         1. Any filer submitting information through the electronic
  462  filing system may not include a federal income tax return or a
  463  copy thereof; a social security number; a bank, mortgage, or
  464  brokerage account number; a debit, charge, or credit card
  465  number; a personal identification number; or a taxpayer
  466  identification number in any filing unless required by law.
  467         2. Information submitted through the electronic filing
  468  system may be open to public inspection and copying.
  469         3. Any filer has a right to request that the commission
  470  redact from his or her filing any social security number, bank
  471  account number, or debit, charge, or credit card number
  472  contained in the filing. Such request must be made in writing
  473  and delivered to the commission. The request must specify the
  474  information to be redacted and the specific section or sections
  475  of the disclosure in which it was included.
  476         (6) Each elected constitutional officer, state officer,
  477  local officer, and specified state employee shall file a
  478  quarterly report of the names of clients represented for a fee
  479  or commission, except for appearances in ministerial matters,
  480  before agencies at his or her level of government. For the
  481  purposes of this part, agencies of government shall be
  482  classified as state-level agencies or agencies below state
  483  level. Each local officer shall file such report with the
  484  supervisor of elections of the county in which the officer is
  485  principally employed or is a resident. Each state officer,
  486  elected constitutional officer, and specified state employee
  487  shall file such report with the commission. Beginning January 1,
  488  2024, each local officer shall file such report with the
  489  commission. The report must shall be filed only when a
  490  reportable representation is made during the calendar quarter
  491  and must shall be filed no later than the last day of each
  492  calendar quarter, for the previous calendar quarter.
  493  Representation before any agency shall be deemed to include
  494  representation by such officer or specified state employee or by
  495  any partner or associate of the professional firm of which he or
  496  she is a member and of which he or she has actual knowledge. For
  497  the purposes of this subsection, the term “representation before
  498  any agency” does not include appearances before any court or the
  499  Deputy Chief Judge of Compensation Claims or judges of
  500  compensation claims or representations on behalf of one’s agency
  501  in one’s official capacity. Such term does not include the
  502  preparation and filing of forms and applications merely for the
  503  purpose of obtaining or transferring a license based on a quota
  504  or a franchise of such agency or a license or operation permit
  505  to engage in a profession, business, or occupation, so long as
  506  the issuance or granting of such license, permit, or transfer
  507  does not require substantial discretion, a variance, a special
  508  consideration, or a certificate of public convenience and
  509  necessity.
  510         (8) Beginning January 1, 2024, forms for compliance with
  511  the disclosure requirements of this section and a current list
  512  of persons subject to disclosure must shall be created by the
  513  commission and provided to each supervisor of elections. The
  514  commission shall allow a filer to include attachments or other
  515  supporting documentation when filing a disclosure. Beginning
  516  January 1, 2024, the commission and each supervisor of elections
  517  shall give notice of disclosure deadlines, and delinquencies,
  518  and instructions distribute forms in the following manner:
  519         (a)1. Not later than May 1 of each year, the commission
  520  shall prepare a current list of the names, e-mail addresses, and
  521  physical addresses of, and the offices or positions held by,
  522  every state officer, local officer, and specified employee. Each
  523  unit of government shall assist the commission in compiling the
  524  list by providing to the commission not later than February 1 of
  525  each year the name, e-mail address, physical address, and name
  526  of agency of, and the office or position held by, each state
  527  officer, local officer, or specified state employee within the
  528  respective unit of government as of December 31 of the preceding
  529  year.
  530         2. Not later than May 15 of each year, the commission shall
  531  provide each supervisor of elections with a current list of all
  532  local officers required to file with such supervisor of
  533  elections.
  534         (b) The commission shall notify by e-mail, not later than
  535  June 1 of each year, all persons required to file a statement of
  536  financial interests under subsection (3) of all of the
  537  following:
  538         1.All applicable filing deadlines for completing and
  539  filing the statement on the electronic filing system.
  540         2.Instructions on how to complete and file the statement
  541  on the electronic filing system, or where to access such
  542  instructions.
  543  
  544  Beginning January 1, 2024, paper forms may not be provided and
  545  persons required to file a statement of financial interests must
  546  complete and file such statements on the electronic filing
  547  system pursuant to paragraph (2)(e) Not later than June 1 of
  548  each year, the commission and each supervisor of elections, as
  549  appropriate, shall distribute a copy of the form prescribed for
  550  compliance with subsection (3) and a notice of all applicable
  551  disclosure forms and filing deadlines to each person required to
  552  file a statement of financial interests. Beginning January 1,
  553  2024, no paper forms will be provided. The notice required under
  554  this paragraph and instructions for electronic submission must
  555  be delivered by e-mail.
  556         (c) Not later than August 1 of each year, the commission
  557  and each supervisor of elections shall determine which persons
  558  required to file a statement of financial interests in their
  559  respective offices have failed to do so and shall send
  560  delinquency notices to these persons. Through December 31, 2023,
  561  delinquency notices must be sent by certified mail, return
  562  receipt requested. Each notice must state that a grace period is
  563  in effect until September 1 of the current year; that no
  564  investigative or disciplinary action based upon the delinquency
  565  will be taken by the agency head or commission if the statement
  566  is filed by September 1 of the current year; that, if the
  567  statement is not filed by September 1 of the current year, a
  568  fine of $25 for each day late will be imposed, up to a maximum
  569  penalty of $1,500; for notices distributed by a supervisor of
  570  elections, that he or she is required by law to notify the
  571  commission of the delinquency; and that, if upon the filing of a
  572  sworn complaint the commission finds that the person has failed
  573  to timely file the statement within 60 days after September 1 of
  574  the current year, such person will also be subject to the
  575  penalties provided in s. 112.317. Beginning January 1, 2024,
  576  notice required under this paragraph must be delivered by e-mail
  577  and must be redelivered on a weekly basis by e-mail as long as
  578  the person remains delinquent.
  579         (d) Beginning January 1, 2024, disclosure statements
  580  required to be filed with the commission must be filed by 11:59
  581  p.m. on the due date using the commission’s electronic filing
  582  system pursuant to s. 112.31446 No later than November 15 of
  583  each year, the supervisor of elections in each county shall
  584  certify to the commission a list of the names and addresses of,
  585  and the offices or positions held by, all persons who have
  586  failed to timely file the required statements of financial
  587  interests. The certification must include the earliest of the
  588  dates described in subparagraph (g)1. The certification shall be
  589  on a form prescribed by the commission and shall indicate
  590  whether the supervisor of elections has provided the disclosure
  591  forms and notice as required by this subsection to all persons
  592  named on the delinquency list.
  593         (e) Statements must be received by the commission not later
  594  than 5 p.m. of the due date. However, any statement that is
  595  postmarked by the United States Postal Service by midnight of
  596  the due date is deemed to have been filed in a timely manner,
  597  and a certificate of mailing obtained from and dated by the
  598  United States Postal Service at the time of the mailing, or a
  599  receipt from an established courier company which bears a date
  600  on or before the due date, constitutes proof of mailing in a
  601  timely manner. Beginning January 1, 2023, upon request of the
  602  filer, the commission must provide verification to the filer
  603  that the commission has received the filed statement.
  604         (f) Beginning January 1, 2023, the statement must be
  605  accompanied by a declaration as provided in s. 92.525(2) and an
  606  electronic acknowledgment thereof.
  607         (f)(g) Any person who is required to file a statement of
  608  financial interests and whose name is on the commission’s list,
  609  and to whom notice has been sent, but who fails to timely file
  610  is assessed a fine of $25 per day for each day late up to a
  611  maximum of $1,500; however, this $1,500 limitation on automatic
  612  fines does not limit the civil penalty that may be imposed if
  613  the statement is filed more than 60 days after the deadline and
  614  a complaint is filed, as provided in s. 112.324. The commission
  615  must provide by rule the grounds for waiving the fine and
  616  procedures by which each person whose name is on the list and
  617  who is determined to have not filed in a timely manner will be
  618  notified of assessed fines and may appeal. The rule must provide
  619  for and make specific that the amount of the fine is based upon
  620  the date and time that the disclosure is filed on the electronic
  621  filing system as provided in s. 112.31446. the following:
  622         1. Beginning January 1, 2024, The amount of the fine due is
  623  based upon the earliest of the following:
  624         a. When a statement is actually received by the office.
  625         b. When the statement is postmarked.
  626         c. When the certificate of mailing is dated.
  627         d. When the receipt from an established courier company is
  628  dated.
  629         2. for a specified state employee, or a state officer, or
  630  local officer, upon receipt of the disclosure statement by the
  631  commission or upon accrual of the maximum penalty, whichever
  632  occurs first, and for a local officer upon receipt by the
  633  commission of the certification from the local officer’s
  634  supervisor of elections pursuant to paragraph (d), the
  635  commission shall determine the amount of the fine which is due
  636  and shall notify the delinquent person. The notice must include
  637  an explanation of the appeal procedure under subparagraph 2. 3.
  638  The fine must be paid within 30 days after the notice of payment
  639  due is transmitted, unless appeal is made to the commission
  640  pursuant to subparagraph 2. 3. The moneys are to be deposited
  641  into the General Revenue Fund.
  642         2.3. Any reporting person may appeal or dispute a fine,
  643  based upon unusual circumstances surrounding the failure to file
  644  on the designated due date, and may request and is entitled to a
  645  hearing before the commission, which may waive the fine in whole
  646  or in part for good cause shown. Any such request must be in
  647  writing and received by the commission within 30 days after the
  648  notice of payment due is transmitted. In such a case, the
  649  reporting person must, within the 30-day period, notify the
  650  person designated to review the timeliness of reports in writing
  651  of his or her intention to bring the matter before the
  652  commission. For purposes of this subparagraph, the term “unusual
  653  circumstances” does not include the failure to monitor an e-mail
  654  account or failure to receive notice if the person has not
  655  notified the commission of a change in his or her e-mail
  656  address.
  657         (g)(h) Any state officer, local officer, or specified
  658  employee whose name is not on the list of persons required to
  659  file an annual statement of financial interests is not subject
  660  to the penalties provided in s. 112.317 or the fine provided in
  661  this section for failure to timely file a statement of financial
  662  interests in any year in which the omission occurred, but
  663  nevertheless is required to file the disclosure statement.
  664         (h)(i) The notification requirements and fines of this
  665  subsection do not apply to candidates or to the first or final
  666  filing required of any state officer, specified employee, or
  667  local officer as provided in paragraph (2)(b).
  668         (i)(j) Notwithstanding any provision of chapter 120, any
  669  fine imposed under this subsection which is not waived by final
  670  order of the commission and which remains unpaid more than 60
  671  days after the notice of payment due or more than 60 days after
  672  the commission renders a final order on the appeal must be
  673  submitted to the Department of Financial Services as a claim,
  674  debt, or other obligation owed to the state, and the department
  675  shall assign the collection of such a fine to a collection agent
  676  as provided in s. 17.20.
  677         Section 7. Subsection (1) of section 112.317, Florida
  678  Statutes, is amended to read:
  679         112.317 Penalties.—
  680         (1) Any violation of this part, including, but not limited
  681  to, failure to file disclosures required by this part or
  682  violation of any standard of conduct imposed by this part, or
  683  any violation of s. 8, Art. II of the State Constitution, in
  684  addition to any criminal penalty or other civil penalty
  685  involved, under applicable constitutional and statutory
  686  procedures, constitutes grounds for, and may be punished by, one
  687  or more of the following:
  688         (a) In the case of a public officer:
  689         1. Impeachment.
  690         2. Removal from office.
  691         3. Suspension from office.
  692         4. Public censure and reprimand.
  693         5. Forfeiture of no more than one-third of his or her
  694  salary per month for no more than 12 months.
  695         6. A civil penalty not to exceed $20,000 $10,000.
  696         7. Restitution of any pecuniary benefits received because
  697  of the violation committed. The commission may recommend that
  698  the restitution penalty be paid to the agency of which the
  699  public officer was a member or to the General Revenue Fund.
  700         (b) In the case of an employee or a person designated as a
  701  public officer by this part who otherwise would be deemed to be
  702  an employee:
  703         1. Dismissal from employment.
  704         2. Suspension from employment for not more than 90 days
  705  without pay.
  706         3. Demotion.
  707         4. Reduction in his or her salary level.
  708         5. Forfeiture of no more than one-third salary per month
  709  for no more than 12 months.
  710         6. A civil penalty not to exceed $20,000 $10,000.
  711         7. Restitution of any pecuniary benefits received because
  712  of the violation committed. The commission may recommend that
  713  the restitution penalty be paid to the agency by which the
  714  public employee was employed, or of which the officer was deemed
  715  to be an employee, or to the General Revenue Fund.
  716         8. Public censure and reprimand.
  717         (c) In the case of a candidate who violates this part or s.
  718  8(a) and (i), Art. II of the State Constitution:
  719         1. Disqualification from being on the ballot.
  720         2. Public censure.
  721         3. Reprimand.
  722         4. A civil penalty not to exceed $20,000 $10,000.
  723         (d) In the case of a former public officer or employee who
  724  has violated a provision applicable to former officers or
  725  employees or whose violation occurred before the officer’s or
  726  employee’s leaving public office or employment:
  727         1. Public censure and reprimand.
  728         2. A civil penalty not to exceed $20,000 $10,000.
  729         3. Restitution of any pecuniary benefits received because
  730  of the violation committed. The commission may recommend that
  731  the restitution penalty be paid to the agency of the public
  732  officer or employee or to the General Revenue Fund.
  733         (e) In the case of a person who is subject to the standards
  734  of this part, other than a lobbyist or lobbying firm under s.
  735  112.3215 for a violation of s. 112.3215, but who is not a public
  736  officer or employee:
  737         1. Public censure and reprimand.
  738         2. A civil penalty not to exceed $20,000 $10,000.
  739         3. Restitution of any pecuniary benefits received because
  740  of the violation committed. The commission may recommend that
  741  the restitution penalty be paid to the agency of the person or
  742  to the General Revenue Fund.
  743         Section 8. Present paragraph (d) of subsection (8) of
  744  section 112.3215, Florida Statutes, is redesignated as paragraph
  745  (e), a new paragraph (d) is added to that subsection, and
  746  paragraph (c) of subsection (8) and subsection (9) of that
  747  section are amended, to read:
  748         112.3215 Lobbying before the executive branch or the
  749  Constitution Revision Commission; registration and reporting;
  750  investigation by commission.—
  751         (8)
  752         (c) The commission shall investigate any lobbying firm,
  753  lobbyist, principal, agency, officer, or employee upon receipt
  754  of information from a sworn complaint or from a random audit of
  755  lobbying reports indicating that the entity or individual has
  756  intentionally failed to disclose any material fact or has
  757  knowingly submitted false information in any report required by
  758  this section or by rules adopted pursuant to this section a
  759  possible violation other than a late-filed report.
  760         (d)Notwithstanding paragraphs (a), (b), and (c), the
  761  commission may dismiss any complaint or investigation resulting
  762  from a random audit of lobbying reports at any stage of
  763  disposition if it determines that the public interest is not
  764  served by proceeding further, in which case the commission must
  765  issue a public report stating with particularity its reasons for
  766  the dismissal.
  767         (9) If the commission finds no probable cause to believe
  768  that a violation of this section occurred, it must shall dismiss
  769  the complaint, whereupon the complaint, together with a written
  770  statement of the findings of the investigation and a summary of
  771  the facts, becomes shall become a matter of public record, and
  772  the commission must shall send a copy of the complaint,
  773  findings, and summary to the complainant and the alleged
  774  violator. If, after investigating information from a random
  775  audit of lobbying reports, the commission finds no probable
  776  cause to believe that a violation of this section occurred, a
  777  written statement of the findings of the investigation and a
  778  summary of the facts becomes shall become a matter of public
  779  record, and the commission must shall send a copy of the
  780  findings and summary to the alleged violator. If the commission
  781  finds probable cause to believe that a violation occurred, it
  782  must shall report the results of its investigation to the
  783  Governor and Cabinet and send a copy of the report to the
  784  alleged violator by certified mail. Such notification and all
  785  documents made or received in the disposition of the complaint
  786  shall then become public records. Upon a request submitted to
  787  the Governor and Cabinet in writing, any person whom the
  788  commission finds probable cause to believe has violated any
  789  provision of this section shall be entitled to a public hearing.
  790  Such person shall be deemed to have waived the right to a public
  791  hearing if the request is not received within 14 days following
  792  the mailing of the probable cause notification. However, the
  793  Governor and Cabinet may on its own motion require a public
  794  hearing and may conduct such further investigation as it deems
  795  necessary.
  796         Section 9. Paragraph (a) of subsection (11) of section
  797  112.324, Florida Statutes, is amended to read:
  798         112.324 Procedures on complaints of violations and
  799  referrals; public records and meeting exemptions.—
  800         (11)(a) Notwithstanding subsections (1)-(8), the commission
  801  may dismiss any complaint or referral at any stage of
  802  disposition if it determines that the violation that is alleged
  803  or has occurred is a de minimis violation attributable to
  804  inadvertent or unintentional error. In determining whether a
  805  violation was de minimis, the commission shall consider whether
  806  the interests of the public were protected despite the
  807  violation. This subsection does not apply to complaints or
  808  referrals pursuant to ss. 112.3144 and 112.3145.
  809         Section 10. Upon this act becoming a law, the Commission on
  810  Ethics shall, as necessary, revise its financial disclosure
  811  forms and instructions and any related rules to conform to this
  812  act. Any such revisions to disclosure forms and instructions
  813  pertaining to the 2022 filing year shall be exempt from the
  814  requirements of chapter 120, Florida Statutes.
  815         Section 11. This act shall take effect upon becoming a law.