CS for CS for SB 774                             First Engrossed
       
       
       
       
       
       
       
       
       2023774e1
       
    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 and members of the
   17         Commission on Ethics to file full and public
   18         disclosures; requiring the Commission on Ethics to
   19         accept federal income tax returns and any attachments
   20         or schedules for a specified purpose; deleting the
   21         prohibition on including a federal income tax return
   22         or a copy thereof for certain filings; requiring the
   23         commission to allow a filer to include attachments and
   24         other supporting documentation with his or her
   25         disclosure; revising the notice the commission sends
   26         to specified persons by e-mail; requiring that
   27         disclosure statements be filed using the commission’s
   28         electronic filing system; revising the deadline for
   29         disclosures to be received by the commission; deleting
   30         provisions relating to financial statements filed by
   31         mail; revising a provision requiring the commission to
   32         adopt a specified rule; requiring an individual
   33         appointed to replace an elected local officer who
   34         leaves office before the end of his or her term to
   35         file a full and public disclosure of financial
   36         interests annually for the remainder of his or her
   37         term in office; amending s. 112.31445, F.S.; requiring
   38         the commission to publish a specified notice on the
   39         electronic filing system for the disclosure of
   40         financial interests; requiring that the filing system
   41         allow a filer to include attachments and other
   42         supporting documentation; amending s. 112.31446, F.S.;
   43         requiring that the electronic filing system allow a
   44         filer to submit attachments and other supporting
   45         documentation when a disclosure is filed; reenacting
   46         and amending s. 112.3145, F.S.; deleting a prohibition
   47         on including a federal income tax return or copy
   48         thereof in a financial disclosure; deleting a
   49         provision requiring specified local officers to file
   50         reports with the supervisor of elections of the
   51         officer’s county of principal employment or residence;
   52         requiring local officers to file their quarterly
   53         reports of the names of clients they represent for a
   54         fee or commission with the Commission on Ethics;
   55         deleting a provision requiring the commission to
   56         provide a specified list to the supervisors of
   57         elections; requiring the commission to allow a filer
   58         to include attachments or other documentation when
   59         filing a disclosure; deleting a provision requiring
   60         the commission to provide the supervisors of elections
   61         a certain list annually by a specified date; requiring
   62         the commission to provide a certain notice by e-mail,
   63         beginning on a specified date; providing that,
   64         beginning on a specified date, paper forms will no
   65         longer be provided; requiring the commission, before a
   66         specified date, to determine which persons have not
   67         submitted a required statement and to send delinquency
   68         notices to such persons; requiring that disclosure
   69         statements be filed using the electronic filing
   70         system, beginning on a specified date; revising the
   71         criteria for a rule that the commission must adopt
   72         regarding the electronic filing of disclosure
   73         statements; requiring the commission to determine the
   74         amount of fines for all delinquent filers, beginning
   75         on a specified date; conforming provisions to changes
   76         made by the act; amending s. 112.317, F.S.; increasing
   77         the maximum civil penalty allowed for certain
   78         violations related to statements of financial
   79         disclosure; amending s. 112.3215, F.S.; requiring the
   80         commission to investigate specified entities or
   81         individuals that intentionally failed to disclose any
   82         material fact or that knowingly submitted false
   83         information in certain required reports; authorizing
   84         the commission to dismiss certain complaints and
   85         investigations; requiring the commission to issue a
   86         specified public report if it dismisses such a
   87         complaint or investigation; making technical changes;
   88         amending s. 112.324, F.S.; revising applicability;
   89         requiring the commission to revise financial
   90         disclosure forms and rules for the 2022 filing year to
   91         conform to changes made by the act; exempting such
   92         revisions from specified rulemaking requirements;
   93         providing an effective date.
   94          
   95  Be It Enacted by the Legislature of the State of Florida:
   96  
   97         Section 1. Subsection (5) and paragraph (a) of subsection
   98  (7) of section 99.061, Florida Statutes, are amended to read:
   99         99.061 Method of qualifying for nomination or election to
  100  federal, state, county, or district office.—
  101         (5) At the time of qualifying for office, each candidate
  102  for a constitutional office, or for another elective office
  103  subject to an annual filing requirement pursuant to s. 112.3144,
  104  shall file a full and public disclosure of financial interests
  105  pursuant to s. 8, Art. II of the State Constitution, which must
  106  be verified under oath or affirmation pursuant to s.
  107  92.525(1)(a), and a candidate for any other office, including
  108  local elective office, shall file a statement of financial
  109  interests pursuant to s. 112.3145. A candidate who is subject to
  110  an annual filing requirement under s. 112.3144 may file a
  111  verification or receipt of electronic filing pursuant to s.
  112  112.3144(4). A candidate who is subject to an annual filing
  113  requirement under s. 112.3145 may file a verification or receipt
  114  of electronic filing pursuant to s. 112.3145(2)(c) unless the
  115  candidate is required to file a full and public disclosure of
  116  financial interests pursuant to s. 8, Art. II of the State
  117  Constitution or this subsection.
  118         (7)(a) In order for a candidate to be qualified, the
  119  following items must be received by the filing officer by the
  120  end of the qualifying period:
  121         1. A properly executed check drawn upon the candidate’s
  122  campaign account payable to the person or entity as prescribed
  123  by the filing officer in an amount not less than the fee
  124  required by s. 99.092, unless the candidate obtained the
  125  required number of signatures on petitions pursuant to s.
  126  99.095. The filing fee for a special district candidate is not
  127  required to be drawn upon the candidate’s campaign account. If a
  128  candidate’s check is returned by the bank for any reason, the
  129  filing officer shall immediately notify the candidate and the
  130  candidate shall have until the end of qualifying to pay the fee
  131  with a cashier’s check purchased from funds of the campaign
  132  account. Failure to pay the fee as provided in this subparagraph
  133  shall disqualify the candidate.
  134         2. The candidate’s oath required by s. 99.021, which must
  135  contain the name of the candidate as it is to appear on the
  136  ballot; the office sought, including the district or group
  137  number if applicable; and the signature of the candidate, which
  138  must be verified under oath or affirmation pursuant to s.
  139  92.525(1)(a).
  140         3. If the office sought is partisan, the written statement
  141  of political party affiliation required by s. 99.021(1)(b); or
  142  if the candidate is running without party affiliation for a
  143  partisan office, the written statement required by s.
  144  99.021(1)(c).
  145         4. The completed form for the appointment of campaign
  146  treasurer and designation of campaign depository, as required by
  147  s. 106.021.
  148         5. The full and public disclosure or statement of financial
  149  interests required by subsection (5). A public officer who has
  150  filed the full and public disclosure or statement of financial
  151  interests with the Commission on Ethics before or the supervisor
  152  of elections prior to qualifying for office may file a copy of
  153  that disclosure or a verification or receipt of electronic
  154  filing as provided in subsection (5) at the time of qualifying.
  155         Section 2. Paragraph (e) of subsection (2) of section
  156  112.3142, Florida Statutes, is amended to read:
  157         112.3142 Ethics training for specified constitutional
  158  officers, elected municipal officers, and commissioners.—
  159         (2)
  160         (e) The Legislature intends that a constitutional officer,
  161  a commissioner of a community redevelopment agency, or an
  162  elected municipal officer who is required to complete ethics
  163  training pursuant to this section receive the required training
  164  as close as possible to the date that he or she assumes office.
  165  A constitutional officer, a commissioner of a community
  166  redevelopment agency, or an elected municipal officer assuming a
  167  new office or new term of office on or before March 31 must
  168  complete the annual training on or before December 31 of the
  169  year in which the term of office began. A constitutional
  170  officer, a commissioner of a community redevelopment agency, or
  171  an elected municipal officer assuming a new office or new term
  172  of office after March 31 is not required to complete ethics
  173  training for the calendar year in which the term of office
  174  began.
  175         Section 3. Notwithstanding the expiration date in section
  176  92 of chapter 2022-157, Laws of Florida, paragraph (c) of
  177  subsection (6), paragraphs (a) and (c) of subsection (7), and
  178  subsections (8) and (10) of section 112.3144, Florida Statutes,
  179  are reenacted and amended, and paragraphs (d) and (e) are added
  180  to subsection (1) of that section, to read:
  181         112.3144 Full and public disclosure of financial
  182  interests.—
  183         (1)
  184         (d)Beginning January 1, 2024, the following local officers
  185  must comply with the financial disclosure requirements of s. 8,
  186  Art. II of the State Constitution and this section:
  187         1.Mayors.
  188         2.Elected members of the governing body of a municipality.
  189         (e) Beginning January 1, 2024, each member of the
  190  Commission on Ethics must comply with the financial disclosure
  191  requirements of s. 8, Art. II of the State Constitution and this
  192  section.
  193         (6)
  194         (c) Each separate source and amount of income which exceeds
  195  $1,000 must be identified. For the purpose of a filer reporting
  196  income, the commission shall accept federal income tax returns.
  197  If a filer submits a federal income tax return for the purpose
  198  of reporting income, he or she must also include all attachments
  199  and schedules associated with such federal income tax return
  200  Beginning January 1, 2023, a federal income tax return may not
  201  be used for purposes of reporting income, and the commission may
  202  not accept a federal income tax return or a copy thereof.
  203         (7)(a) Beginning January 1, 2023, a filer may not include
  204  in a filing to the commission a federal income tax return or a
  205  copy thereof; a social security number; a bank, mortgage, or
  206  brokerage account number; a debit, charge, or credit card
  207  number; a personal identification number; or a taxpayer
  208  identification number. If a filer includes such information in
  209  his or her filing, the information may be made available as part
  210  of the official records of the commission available for public
  211  inspection and copying unless redaction is requested by the
  212  filer. The commission is not liable for the release of social
  213  security numbers or bank account, debit, charge, or credit card
  214  numbers included in a filing to the commission if the filer has
  215  not requested redaction of such information.
  216         (c) The commission must conspicuously post a notice, in
  217  substantially the following form, in the instructions for the
  218  electronic filing system specifying that:
  219         1. Any filer submitting information through the electronic
  220  filing system may not include a federal income tax return or a
  221  copy thereof; a social security number; a bank, mortgage, or
  222  brokerage account number; a debit, charge, or credit card
  223  number; a personal identification number; or a taxpayer
  224  identification number in any filing unless required by law.
  225         2. Information submitted through the electronic filing
  226  system may be open to public inspection and copying.
  227         3. Any filer has a right to request that the commission
  228  redact from his or her filing any social security number, bank
  229  account number, or debit, charge, or credit card number
  230  contained in the filing. Such request must be made in writing
  231  and delivered to the commission. The request must specify the
  232  information to be redacted and the specific section or sections
  233  of the disclosure in which it was included.
  234         (8) Forms or fields of information for compliance with the
  235  full and public disclosure requirements of s. 8, Art. II of the
  236  State Constitution must shall be prescribed by the commission.
  237  The commission shall allow a filer to include attachments or
  238  other supporting documentation when filing a disclosure. The
  239  commission shall give notice of disclosure deadlines and
  240  delinquencies and distribute forms in the following manner:
  241         (a) Not later than May 1 of each year, the commission shall
  242  prepare a current list of the names, e-mail addresses, and
  243  physical addresses of and the offices held by every person
  244  required to file full and public disclosure annually by s. 8,
  245  Art. II of the State Constitution, or other state law. Each unit
  246  of government shall assist the commission in compiling the list
  247  by providing to the commission not later than February 1 of each
  248  year the name, e-mail address, physical address, and name of the
  249  office held by such person within the respective unit of
  250  government as of December 31 of the preceding year.
  251         (b) Not later than June 1 of each year, the commission
  252  shall notify by e-mail all persons required to file a full and
  253  public disclosure of financial interests of all of the
  254  following:
  255         1.All applicable filing deadlines for completing and
  256  filing the full and public disclosure of financial interests
  257  prescribed under subsection (3) on the electronic filing system.
  258         2.Instructions on how to complete and file the full and
  259  public disclosure of financial interests as prescribed by
  260  subsection (3) on the electronic filing system, or where to
  261  access such instructions.
  262  
  263  Beginning January 1, 2023, paper forms may not be provided and
  264  persons required to file a full and public disclosure of
  265  financial interests must complete and file their disclosures on
  266  the electronic filing system pursuant to subsection (2) Not
  267  later than June 1 of each year, the commission shall distribute
  268  a copy of the form prescribed for compliance with full and
  269  public disclosure and a notice of the filing deadline to each
  270  person on the list. Beginning January 1, 2022, no paper forms
  271  will be provided by mail. The notice required under this
  272  paragraph and instructions for electronic submission must be
  273  delivered by e-mail.
  274         (c) Not later than August 1 of each year, the commission
  275  shall determine which persons on the list have failed to file
  276  full and public disclosure and shall send delinquency notices to
  277  such persons. Each notice must state that a grace period is in
  278  effect until September 1 of the current year. Beginning January
  279  1, 2022, The notice required under this paragraph must be
  280  delivered by e-mail and must be redelivered on a weekly basis by
  281  e-mail as long as a person remains delinquent.
  282         (d) Disclosures must be received by the commission not
  283  later than 11:59 5 p.m. of the due date. However, any disclosure
  284  that is postmarked by the United States Postal Service by
  285  midnight of the due date is deemed to have been filed in a
  286  timely manner, and a certificate of mailing obtained from and
  287  dated by the United States Postal Service at the time of the
  288  mailing, or a receipt from an established courier company which
  289  bears a date on or before the due date, constitutes proof of
  290  mailing in a timely manner. Beginning January 1, 2023, upon
  291  request of the filer, the commission must provide verification
  292  to the filer that the commission has received the filed
  293  disclosure.
  294         (e) Beginning January 1, 2023, a written declaration, as
  295  provided for under s. 92.525(2), accompanied by an electronic
  296  signature satisfies the requirement that the disclosure be
  297  sworn.
  298         (f) Any person who is required to file full and public
  299  disclosure of financial interests and whose name is on the
  300  commission’s list, and to whom notice has been sent, but who
  301  fails to timely file is assessed a fine of $25 per day for each
  302  day late up to a maximum of $1,500; however this $1,500
  303  limitation on automatic fines does not limit the civil penalty
  304  that may be imposed if the statement is filed more than 60 days
  305  after the deadline and a complaint is filed, as provided in s.
  306  112.324. The commission must provide by rule the grounds for
  307  waiving the fine and the procedures by which each person whose
  308  name is on the list and who is determined to have not filed in a
  309  timely manner will be notified of assessed fines and may appeal.
  310  The rule must provide for and make specific that the amount of
  311  the fine due is based upon when the disclosure is filed on the
  312  electronic filing system created and maintained by the
  313  commission as provided in s. 112.31446. the following:
  314         1. The amount of the fine due is based upon the earliest of
  315  the following:
  316         a. When a statement is actually received by the office.
  317         b. When the statement is postmarked.
  318         c. When the certificate of mailing is dated.
  319         d. When the receipt from an established courier company is
  320  dated.
  321         2. Upon receipt of the disclosure statement or upon accrual
  322  of the maximum penalty, whichever occurs first, the commission
  323  shall determine the amount of the fine which is due and shall
  324  notify the delinquent person. The notice must include an
  325  explanation of the appeal procedure under subparagraph 2. 3.
  326  Such fine must be paid within 30 days after the notice of
  327  payment due is transmitted, unless appeal is made to the
  328  commission pursuant to subparagraph 2. 3. The moneys shall be
  329  deposited into the General Revenue Fund.
  330         2.3. Any reporting person may appeal or dispute a fine,
  331  based upon unusual circumstances surrounding the failure to file
  332  on the designated due date, and may request and is entitled to a
  333  hearing before the commission, which may waive the fine in whole
  334  or in part for good cause shown. Any such request must be in
  335  writing and received by the commission within 30 days after the
  336  notice of payment due is transmitted. In such a case, the
  337  reporting person must, within the 30-day period, notify the
  338  person designated to review the timeliness of reports in writing
  339  of his or her intention to bring the matter before the
  340  commission. For purposes of this subparagraph, “unusual
  341  circumstances” does not include the failure to monitor an e-mail
  342  account or failure to receive notice if the person has not
  343  notified the commission of a change in his or her e-mail
  344  address.
  345         (g) Any person subject to the annual filing of full and
  346  public disclosure under s. 8, Art. II of the State Constitution,
  347  or other state law, whose name is not on the commission’s list
  348  of persons required to file full and public disclosure is not
  349  subject to the fines or penalties provided in this part for
  350  failure to file full and public disclosure in any year in which
  351  the omission occurred, but nevertheless is required to file the
  352  disclosure statement.
  353         (h) The notification requirements and fines of this
  354  subsection do not apply to candidates or to the first filing
  355  required of any person appointed to elective constitutional
  356  office or other position required to file full and public
  357  disclosure, unless the person’s name is on the commission’s
  358  notification list and the person received notification from the
  359  commission. The appointing official shall notify such newly
  360  appointed person of the obligation to file full and public
  361  disclosure by July 1. The notification requirements and fines of
  362  this subsection do not apply to the final filing provided for in
  363  subsection (10).
  364         (i) Notwithstanding any provision of chapter 120, any fine
  365  imposed under this subsection which is not waived by final order
  366  of the commission and which remains unpaid more than 60 days
  367  after the notice of payment due or more than 60 days after the
  368  commission renders a final order on the appeal must be submitted
  369  to the Department of Financial Services as a claim, debt, or
  370  other obligation owed to the state, and the department shall
  371  assign the collection of such fine to a collection agent as
  372  provided in s. 17.20.
  373         (10) Each person required to file full and public
  374  disclosure of financial interests shall file a final disclosure
  375  statement within 60 days after leaving his or her public
  376  position for the period between January 1 of the year in which
  377  the person leaves and the last day of office or employment,
  378  unless within the 60-day period the person takes another public
  379  position requiring financial disclosure under s. 8, Art. II of
  380  the State Constitution, or is otherwise required to file full
  381  and public disclosure for the final disclosure period. The head
  382  of the agency of each person required to file full and public
  383  disclosure for the final disclosure period shall notify such
  384  persons of their obligation to file the final disclosure and may
  385  designate a person to be responsible for the notification
  386  requirements of this subsection. When an elected local officer
  387  specified in paragraph (1)(d) leaves office before the
  388  expiration of his or her term, any individual appointed to
  389  replace such officer for the remainder of that term must file a
  390  full and public disclosure of financial interests annually
  391  thereafter for the remainder of his or her term in office.
  392         Section 4. Subsections (4) and (5) are added to section
  393  112.31445, Florida Statutes, to read:
  394         112.31445 Electronic filing system; full and public
  395  disclosure of financial interests.—
  396         (4) The commission shall publish a notice on the electronic
  397  filing system instructing filers to redact a social security
  398  number; a bank, mortgage, or brokerage account number; a debit,
  399  charge, or credit card number; a personal identification number;
  400  or a taxpayer identification number in their filings.
  401         (5) The electronic filing system must allow a filer to
  402  include attachments or other supporting documentation when
  403  submitting a disclosure through the system.
  404         Section 5. Paragraph (f) is added to subsection (2) of
  405  section 112.31446, Florida Statutes, to read:
  406         112.31446 Electronic filing system for financial
  407  disclosure.—
  408         (2) By January 1, 2022, the commission shall procure and
  409  test an electronic filing system. At a minimum, the electronic
  410  filing system must:
  411         (f)Allow a filer to include attachments or other
  412  supporting documentation when submitting a disclosure or a
  413  statement through the system.
  414         Section 6. Notwithstanding the expiration date in section
  415  95 of chapter 2022-157, Laws of Florida, paragraphs (b) and (e)
  416  of subsection (2), paragraphs (a) and (c) of subsection (4), and
  417  subsections (6) and (8) of section 112.3145, Florida Statutes,
  418  are reenacted and amended to read:
  419         112.3145 Disclosure of financial interests and clients
  420  represented before agencies.—
  421         (2)
  422         (b) Each state or local officer, except local officers
  423  specified in s. 112.3144(1)(d), and each specified state
  424  employee shall file a statement of financial interests no later
  425  than July 1 of each year. Each state officer, local officer, and
  426  specified state employee shall file a final statement of
  427  financial interests within 60 days after leaving his or her
  428  public position for the period between January 1 of the year in
  429  which the person leaves and the last day of office or
  430  employment, unless within the 60-day period the person takes
  431  another public position requiring financial disclosure under
  432  this section or s. 8, Art. II of the State Constitution or
  433  otherwise is required to file full and public disclosure or a
  434  statement of financial interests for the final disclosure
  435  period. Each state or local officer who is appointed and each
  436  specified state employee who is employed shall file a statement
  437  of financial interests within 30 days from the date of
  438  appointment or, in the case of a specified state employee, from
  439  the date on which the employment begins, except that any person
  440  whose appointment is subject to confirmation by the Senate shall
  441  file before prior to confirmation hearings or within 30 days
  442  from the date of appointment, whichever comes first.
  443         (e) Beginning January 1, 2024, a statement of financial
  444  interests, and a final statement of financial interests and any
  445  amendments thereto, or any other form required by this section,
  446  except any statement of a candidate who is not subject to an
  447  annual filing requirement, must be filed electronically through
  448  an electronic filing system created and maintained by the
  449  commission as provided in s. 112.31446.
  450         (4)(a) Beginning January 1, 2024, A filer may not include
  451  in a filing to the commission a federal income tax return or a
  452  copy of thereof; a social security number; a bank, mortgage, or
  453  brokerage account number; a debit, charge, or credit card
  454  number; a personal identification number; or a taxpayer
  455  identification number. If a filer includes such information in
  456  his or her filing, the information may be made available as part
  457  of the official records of the commission available for public
  458  inspection and copying unless redaction is requested by the
  459  filer. The commission is not liable for the release of social
  460  security numbers, bank account numbers, or debit, charge, or
  461  credit card numbers included in a filing to the commission if
  462  the filer has not requested redaction of the information.
  463         (c) The commission must conspicuously post a notice, in
  464  substantially the following form, in the instructions for the
  465  electronic filing system specifying that:
  466         1. Any filer submitting information through the electronic
  467  filing system may not include a federal income tax return or a
  468  copy thereof; a social security number; a bank, mortgage, or
  469  brokerage account number; a debit, charge, or credit card
  470  number; a personal identification number; or a taxpayer
  471  identification number in any filing unless required by law.
  472         2. Information submitted through the electronic filing
  473  system may be open to public inspection and copying.
  474         3. Any filer has a right to request that the commission
  475  redact from his or her filing any social security number, bank
  476  account number, or debit, charge, or credit card number
  477  contained in the filing. Such request must be made in writing
  478  and delivered to the commission. The request must specify the
  479  information to be redacted and the specific section or sections
  480  of the disclosure in which it was included.
  481         (6) Each elected constitutional officer, state officer,
  482  local officer, and specified state employee shall file a
  483  quarterly report of the names of clients represented for a fee
  484  or commission, except for appearances in ministerial matters,
  485  before agencies at his or her level of government. For the
  486  purposes of this part, agencies of government shall be
  487  classified as state-level agencies or agencies below state
  488  level. Each local officer shall file such report with the
  489  supervisor of elections of the county in which the officer is
  490  principally employed or is a resident. Each state officer,
  491  elected constitutional officer, and specified state employee
  492  shall file such report with the commission. Beginning January 1,
  493  2024, each local officer shall file such report with the
  494  commission. The report must shall be filed only when a
  495  reportable representation is made during the calendar quarter
  496  and must shall be filed no later than the last day of each
  497  calendar quarter, for the previous calendar quarter.
  498  Representation before any agency shall be deemed to include
  499  representation by such officer or specified state employee or by
  500  any partner or associate of the professional firm of which he or
  501  she is a member and of which he or she has actual knowledge. For
  502  the purposes of this subsection, the term “representation before
  503  any agency” does not include appearances before any court or the
  504  Deputy Chief Judge of Compensation Claims or judges of
  505  compensation claims or representations on behalf of one’s agency
  506  in one’s official capacity. Such term does not include the
  507  preparation and filing of forms and applications merely for the
  508  purpose of obtaining or transferring a license based on a quota
  509  or a franchise of such agency or a license or operation permit
  510  to engage in a profession, business, or occupation, so long as
  511  the issuance or granting of such license, permit, or transfer
  512  does not require substantial discretion, a variance, a special
  513  consideration, or a certificate of public convenience and
  514  necessity.
  515         (8) Beginning January 1, 2024, forms for compliance with
  516  the disclosure requirements of this section and a current list
  517  of persons subject to disclosure must shall be created by the
  518  commission and provided to each supervisor of elections. The
  519  commission shall allow a filer to include attachments or other
  520  supporting documentation when filing a disclosure. Beginning
  521  January 1, 2024, the commission and each supervisor of elections
  522  shall give notice of disclosure deadlines, and delinquencies,
  523  and instructions distribute forms in the following manner:
  524         (a)1. Not later than May 1 of each year, the commission
  525  shall prepare a current list of the names, e-mail addresses, and
  526  physical addresses of, and the offices or positions held by,
  527  every state officer, local officer, and specified employee. Each
  528  unit of government shall assist the commission in compiling the
  529  list by providing to the commission not later than February 1 of
  530  each year the name, e-mail address, physical address, and name
  531  of agency of, and the office or position held by, each state
  532  officer, local officer, or specified state employee within the
  533  respective unit of government as of December 31 of the preceding
  534  year.
  535         2. Not later than May 15 of each year, the commission shall
  536  provide each supervisor of elections with a current list of all
  537  local officers required to file with such supervisor of
  538  elections.
  539         (b) The commission shall notify by e-mail, not later than
  540  June 1 of each year, all persons required to file a statement of
  541  financial interests under subsection (3) of all of the
  542  following:
  543         1.All applicable filing deadlines for completing and
  544  filing the statement on the electronic filing system.
  545         2.Instructions on how to complete and file the statement
  546  on the electronic filing system, or where to access such
  547  instructions.
  548  
  549  Beginning January 1, 2024, paper forms may not be provided and
  550  persons required to file a statement of financial interests must
  551  complete and file such statements on the electronic filing
  552  system pursuant to paragraph (2)(e) Not later than June 1 of
  553  each year, the commission and each supervisor of elections, as
  554  appropriate, shall distribute a copy of the form prescribed for
  555  compliance with subsection (3) and a notice of all applicable
  556  disclosure forms and filing deadlines to each person required to
  557  file a statement of financial interests. Beginning January 1,
  558  2024, no paper forms will be provided. The notice required under
  559  this paragraph and instructions for electronic submission must
  560  be delivered by e-mail.
  561         (c) Not later than August 1 of each year, the commission
  562  and each supervisor of elections shall determine which persons
  563  required to file a statement of financial interests in their
  564  respective offices have failed to do so and shall send
  565  delinquency notices to these persons. Through December 31, 2023,
  566  delinquency notices must be sent by certified mail, return
  567  receipt requested. Each notice must state that a grace period is
  568  in effect until September 1 of the current year; that no
  569  investigative or disciplinary action based upon the delinquency
  570  will be taken by the agency head or commission if the statement
  571  is filed by September 1 of the current year; that, if the
  572  statement is not filed by September 1 of the current year, a
  573  fine of $25 for each day late will be imposed, up to a maximum
  574  penalty of $1,500; for notices distributed by a supervisor of
  575  elections, that he or she is required by law to notify the
  576  commission of the delinquency; and that, if upon the filing of a
  577  sworn complaint the commission finds that the person has failed
  578  to timely file the statement within 60 days after September 1 of
  579  the current year, such person will also be subject to the
  580  penalties provided in s. 112.317. Beginning January 1, 2024,
  581  notice required under this paragraph must be delivered by e-mail
  582  and must be redelivered on a weekly basis by e-mail as long as
  583  the person remains delinquent.
  584         (d) Beginning January 1, 2024, disclosure statements
  585  required to be filed with the commission must be filed by 11:59
  586  p.m. on the due date using the commission’s electronic filing
  587  system pursuant to s. 112.31446 No later than November 15 of
  588  each year, the supervisor of elections in each county shall
  589  certify to the commission a list of the names and addresses of,
  590  and the offices or positions held by, all persons who have
  591  failed to timely file the required statements of financial
  592  interests. The certification must include the earliest of the
  593  dates described in subparagraph (g)1. The certification shall be
  594  on a form prescribed by the commission and shall indicate
  595  whether the supervisor of elections has provided the disclosure
  596  forms and notice as required by this subsection to all persons
  597  named on the delinquency list.
  598         (e) Statements must be received by the commission not later
  599  than 5 p.m. of the due date. However, any statement that is
  600  postmarked by the United States Postal Service by midnight of
  601  the due date is deemed to have been filed in a timely manner,
  602  and a certificate of mailing obtained from and dated by the
  603  United States Postal Service at the time of the mailing, or a
  604  receipt from an established courier company which bears a date
  605  on or before the due date, constitutes proof of mailing in a
  606  timely manner. Beginning January 1, 2023, upon request of the
  607  filer, the commission must provide verification to the filer
  608  that the commission has received the filed statement.
  609         (f) Beginning January 1, 2023, the statement must be
  610  accompanied by a declaration as provided in s. 92.525(2) and an
  611  electronic acknowledgment thereof.
  612         (f)(g) Any person who is required to file a statement of
  613  financial interests and whose name is on the commission’s list,
  614  and to whom notice has been sent, but who fails to timely file
  615  is assessed a fine of $25 per day for each day late up to a
  616  maximum of $1,500; however, this $1,500 limitation on automatic
  617  fines does not limit the civil penalty that may be imposed if
  618  the statement is filed more than 60 days after the deadline and
  619  a complaint is filed, as provided in s. 112.324. The commission
  620  must provide by rule the grounds for waiving the fine and
  621  procedures by which each person whose name is on the list and
  622  who is determined to have not filed in a timely manner will be
  623  notified of assessed fines and may appeal. The rule must provide
  624  for and make specific that the amount of the fine is based upon
  625  the date and time that the disclosure is filed on the electronic
  626  filing system as provided in s. 112.31446. the following:
  627         1. Beginning January 1, 2024, The amount of the fine due is
  628  based upon the earliest of the following:
  629         a. When a statement is actually received by the office.
  630         b. When the statement is postmarked.
  631         c. When the certificate of mailing is dated.
  632         d. When the receipt from an established courier company is
  633  dated.
  634         2. for a specified state employee, or a state officer, or
  635  local officer, upon receipt of the disclosure statement by the
  636  commission or upon accrual of the maximum penalty, whichever
  637  occurs first, and for a local officer upon receipt by the
  638  commission of the certification from the local officer’s
  639  supervisor of elections pursuant to paragraph (d), the
  640  commission shall determine the amount of the fine which is due
  641  and shall notify the delinquent person. The notice must include
  642  an explanation of the appeal procedure under subparagraph 2. 3.
  643  The fine must be paid within 30 days after the notice of payment
  644  due is transmitted, unless appeal is made to the commission
  645  pursuant to subparagraph 2. 3. The moneys are to be deposited
  646  into the General Revenue Fund.
  647         2.3. Any reporting person may appeal or dispute a fine,
  648  based upon unusual circumstances surrounding the failure to file
  649  on the designated due date, and may request and is entitled to a
  650  hearing before the commission, which may waive the fine in whole
  651  or in part for good cause shown. Any such request must be in
  652  writing and received by the commission within 30 days after the
  653  notice of payment due is transmitted. In such a case, the
  654  reporting person must, within the 30-day period, notify the
  655  person designated to review the timeliness of reports in writing
  656  of his or her intention to bring the matter before the
  657  commission. For purposes of this subparagraph, the term “unusual
  658  circumstances” does not include the failure to monitor an e-mail
  659  account or failure to receive notice if the person has not
  660  notified the commission of a change in his or her e-mail
  661  address.
  662         (g)(h) Any state officer, local officer, or specified
  663  employee whose name is not on the list of persons required to
  664  file an annual statement of financial interests is not subject
  665  to the penalties provided in s. 112.317 or the fine provided in
  666  this section for failure to timely file a statement of financial
  667  interests in any year in which the omission occurred, but
  668  nevertheless is required to file the disclosure statement.
  669         (h)(i) The notification requirements and fines of this
  670  subsection do not apply to candidates or to the first or final
  671  filing required of any state officer, specified employee, or
  672  local officer as provided in paragraph (2)(b).
  673         (i)(j) Notwithstanding any provision of chapter 120, any
  674  fine imposed under this subsection which is not waived by final
  675  order of the commission and which remains unpaid more than 60
  676  days after the notice of payment due or more than 60 days after
  677  the commission renders a final order on the appeal must be
  678  submitted to the Department of Financial Services as a claim,
  679  debt, or other obligation owed to the state, and the department
  680  shall assign the collection of such a fine to a collection agent
  681  as provided in s. 17.20.
  682         Section 7. Subsection (1) of section 112.317, Florida
  683  Statutes, is amended to read:
  684         112.317 Penalties.—
  685         (1) Any violation of this part, including, but not limited
  686  to, failure to file disclosures required by this part or
  687  violation of any standard of conduct imposed by this part, or
  688  any violation of s. 8, Art. II of the State Constitution, in
  689  addition to any criminal penalty or other civil penalty
  690  involved, under applicable constitutional and statutory
  691  procedures, constitutes grounds for, and may be punished by, one
  692  or more of the following:
  693         (a) In the case of a public officer:
  694         1. Impeachment.
  695         2. Removal from office.
  696         3. Suspension from office.
  697         4. Public censure and reprimand.
  698         5. Forfeiture of no more than one-third of his or her
  699  salary per month for no more than 12 months.
  700         6. A civil penalty not to exceed $20,000 $10,000.
  701         7. Restitution of any pecuniary benefits received because
  702  of the violation committed. The commission may recommend that
  703  the restitution penalty be paid to the agency of which the
  704  public officer was a member or to the General Revenue Fund.
  705         (b) In the case of an employee or a person designated as a
  706  public officer by this part who otherwise would be deemed to be
  707  an employee:
  708         1. Dismissal from employment.
  709         2. Suspension from employment for not more than 90 days
  710  without pay.
  711         3. Demotion.
  712         4. Reduction in his or her salary level.
  713         5. Forfeiture of no more than one-third salary per month
  714  for no more than 12 months.
  715         6. A civil penalty not to exceed $20,000 $10,000.
  716         7. Restitution of any pecuniary benefits received because
  717  of the violation committed. The commission may recommend that
  718  the restitution penalty be paid to the agency by which the
  719  public employee was employed, or of which the officer was deemed
  720  to be an employee, or to the General Revenue Fund.
  721         8. Public censure and reprimand.
  722         (c) In the case of a candidate who violates this part or s.
  723  8(a) and (i), Art. II of the State Constitution:
  724         1. Disqualification from being on the ballot.
  725         2. Public censure.
  726         3. Reprimand.
  727         4. A civil penalty not to exceed $20,000 $10,000.
  728         (d) In the case of a former public officer or employee who
  729  has violated a provision applicable to former officers or
  730  employees or whose violation occurred before the officer’s or
  731  employee’s leaving public office or employment:
  732         1. Public censure and reprimand.
  733         2. A civil penalty not to exceed $20,000 $10,000.
  734         3. Restitution of any pecuniary benefits received because
  735  of the violation committed. The commission may recommend that
  736  the restitution penalty be paid to the agency of the public
  737  officer or employee or to the General Revenue Fund.
  738         (e) In the case of a person who is subject to the standards
  739  of this part, other than a lobbyist or lobbying firm under s.
  740  112.3215 for a violation of s. 112.3215, but who is not a public
  741  officer or employee:
  742         1. Public censure and reprimand.
  743         2. A civil penalty not to exceed $20,000 $10,000.
  744         3. Restitution of any pecuniary benefits received because
  745  of the violation committed. The commission may recommend that
  746  the restitution penalty be paid to the agency of the person or
  747  to the General Revenue Fund.
  748         Section 8. Present paragraph (d) of subsection (8) of
  749  section 112.3215, Florida Statutes, is redesignated as paragraph
  750  (e), a new paragraph (d) is added to that subsection, and
  751  paragraph (c) of subsection (8) and subsection (9) of that
  752  section are amended, to read:
  753         112.3215 Lobbying before the executive branch or the
  754  Constitution Revision Commission; registration and reporting;
  755  investigation by commission.—
  756         (8)
  757         (c) The commission shall investigate any lobbying firm,
  758  lobbyist, principal, agency, officer, or employee upon receipt
  759  of information from a sworn complaint or from a random audit of
  760  lobbying reports indicating that the entity or individual has
  761  intentionally failed to disclose any material fact or has
  762  knowingly submitted false information in any report required by
  763  this section or by rules adopted pursuant to this section a
  764  possible violation other than a late-filed report.
  765         (d)Notwithstanding paragraphs (a), (b), and (c), the
  766  commission may dismiss any complaint or investigation resulting
  767  from a random audit of lobbying reports at any stage of
  768  disposition if it determines that the public interest is not
  769  served by proceeding further, in which case the commission must
  770  issue a public report stating with particularity its reasons for
  771  the dismissal.
  772         (9) If the commission finds no probable cause to believe
  773  that a violation of this section occurred, it must shall dismiss
  774  the complaint, whereupon the complaint, together with a written
  775  statement of the findings of the investigation and a summary of
  776  the facts, becomes shall become a matter of public record, and
  777  the commission must shall send a copy of the complaint,
  778  findings, and summary to the complainant and the alleged
  779  violator. If, after investigating information from a random
  780  audit of lobbying reports, the commission finds no probable
  781  cause to believe that a violation of this section occurred, a
  782  written statement of the findings of the investigation and a
  783  summary of the facts becomes shall become a matter of public
  784  record, and the commission must shall send a copy of the
  785  findings and summary to the alleged violator. If the commission
  786  finds probable cause to believe that a violation occurred, it
  787  must shall report the results of its investigation to the
  788  Governor and Cabinet and send a copy of the report to the
  789  alleged violator by certified mail. Such notification and all
  790  documents made or received in the disposition of the complaint
  791  shall then become public records. Upon a request submitted to
  792  the Governor and Cabinet in writing, any person whom the
  793  commission finds probable cause to believe has violated any
  794  provision of this section shall be entitled to a public hearing.
  795  Such person shall be deemed to have waived the right to a public
  796  hearing if the request is not received within 14 days following
  797  the mailing of the probable cause notification. However, the
  798  Governor and Cabinet may on its own motion require a public
  799  hearing and may conduct such further investigation as it deems
  800  necessary.
  801         Section 9. Paragraph (a) of subsection (11) of section
  802  112.324, Florida Statutes, is amended to read:
  803         112.324 Procedures on complaints of violations and
  804  referrals; public records and meeting exemptions.—
  805         (11)(a) Notwithstanding subsections (1)-(8), the commission
  806  may dismiss any complaint or referral at any stage of
  807  disposition if it determines that the violation that is alleged
  808  or has occurred is a de minimis violation attributable to
  809  inadvertent or unintentional error. In determining whether a
  810  violation was de minimis, the commission shall consider whether
  811  the interests of the public were protected despite the
  812  violation. This subsection does not apply to complaints or
  813  referrals pursuant to ss. 112.3144 and 112.3145.
  814         Section 10. Upon this act becoming a law, the Commission on
  815  Ethics shall, as necessary, revise its financial disclosure
  816  forms and instructions and any related rules to conform to this
  817  act. Any such revisions to disclosure forms and instructions
  818  pertaining to the 2022 filing year shall be exempt from the
  819  requirements of chapter 120, Florida Statutes.
  820         Section 11. This act shall take effect upon becoming a law.