Florida Senate - 2024 CS for SB 7014
By the Committees on Rules; and Ethics and Elections
595-02018-24 20247014c1
1 A bill to be entitled
2 An act relating to ethics; amending s. 112.3122, F.S.;
3 increasing the maximum fine for violations of
4 specified lobbying provisions; amending s. 112.321,
5 F.S.; prohibiting a member of the Commission on Ethics
6 from serving more than two full terms, instead of two
7 full terms in succession; making technical changes;
8 deleting obsolete language; amending s. 112.317, F.S.;
9 providing that a complainant is liable for costs plus
10 reasonable attorney fees for filing a complaint with
11 malicious intent against a candidate for public
12 office; amending s. 112.324, F.S.; specifying that a
13 certain number of members of the commission are not
14 required to make a specified determination related to
15 written referrals submitted to the commission by
16 specified parties; requiring the commission to submit
17 a copy of a certain referral to an alleged violator
18 within a specified timeframe; requiring the commission
19 to undertake a preliminary investigation within a
20 specified timeframe after receipt of technically and
21 legally sufficient complaints or referrals and make a
22 certain determination; authorizing a complainant to
23 submit an amended complaint within a specified
24 timeframe; providing that the probable cause
25 determination concludes the preliminary investigation;
26 requiring the commission to complete a preliminary
27 investigation, including a probable cause
28 determination, within a specified timeframe; requiring
29 the commission to complete an investigatory report
30 within a specified timeframe; authorizing the
31 commission to extend, for a specified period, the
32 allowable timeframe to adequately complete a
33 preliminary investigation if a specified number of
34 members of the commission determine such extension is
35 necessary; requiring the commission to document the
36 reasons for extending such investigation and transmit
37 a copy of such documentation to the alleged violator
38 and complainant within a specified timeframe;
39 requiring the commission to transmit a copy of the
40 completed report to an alleged violator and to the
41 counsel representing the commission within a specified
42 timeframe; requiring such counsel to make a written
43 recommendation for disposition of a complaint or
44 referral within a specified timeframe after receiving
45 the investigatory report; requiring the commission to
46 transmit such recommendation to the alleged violator
47 within a specified timeframe; providing that the
48 alleged violator has a specified timeframe to respond
49 in writing to the counsel’s recommendation; requiring
50 the commission, upon receipt of the counsel’s
51 recommendation, to schedule a probable cause hearing
52 for the next executive session of the commission for
53 which notice requirements can be met; providing that,
54 under specified conditions, the commission may dismiss
55 complaints or referrals before completion of a
56 preliminary investigation; providing a timeframe
57 within which the commission must transmit a copy of
58 the order finding probable cause to the complainant
59 and the alleged violator after a finding of probable
60 cause; specifying that an alleged violator is entitled
61 to request a formal hearing before the Division of
62 Administrative Hearings or may select an informal
63 hearing with the commission; providing that persons
64 are deemed to waive their rights to a formal or an
65 informal hearing if the request is not received within
66 a specified timeframe; providing the timeframe within
67 which the commission must conduct an informal hearing;
68 requiring the commission to schedule a case that has
69 been relinquished from the Division of Administrative
70 Hearings for additional action at the next commission
71 meeting for which notice requirements can be met;
72 requiring the commission to complete final action on
73 such case within a specified timeframe; requiring a
74 specified number of commissioners to vote to reject or
75 deviate from a recommendation made by the counsel
76 representing the commission; providing that specified
77 timeframes are tolled until the completion of a
78 related criminal investigation or prosecution,
79 excluding appeals, whichever occurs later; providing
80 that a harmless error standard applies to the
81 commission regarding specified timeframes; providing
82 an effective date.
83
84 Be It Enacted by the Legislature of the State of Florida:
85
86 Section 1. Paragraph (b) of subsection (4) of section
87 112.3122, Florida Statutes, is amended to read:
88 112.3122 Enforcement and penalties for constitutional
89 prohibition against lobbying by a public officer.—
90 (4) A violation of s. 8(f), Art. II of the State
91 Constitution may be punished by one or more of the following:
92 (b) A civil penalty not to exceed $20,000 $10,000.
93 Section 2. Subsection (1) of section 112.321, Florida
94 Statutes, is amended to read:
95 112.321 Membership, terms; travel expenses; staff.—
96 (1) The commission shall be composed of nine members. Five
97 of these members shall be appointed by the Governor, no more
98 than three of whom shall be from the same political party,
99 subject to confirmation by the Senate. One member appointed by
100 the Governor shall be a former city or county official and may
101 be a former member of a local planning or zoning board which has
102 only advisory duties. Two members shall be appointed by the
103 Speaker of the House of Representatives, and two members shall
104 be appointed by the President of the Senate. Neither the Speaker
105 of the House of Representatives nor the President of the Senate
106 shall appoint more than one member from the same political
107 party. Of the nine members of the Commission, no more than five
108 members shall be from the same political party at any one time.
109 A No member may not hold any public employment. An individual
110 who qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215
111 or pursuant to any local government charter or ordinance may not
112 serve as a member of the commission, except that this
113 prohibition does not apply to an individual who is a member of
114 the commission on July 1, 2006, until the expiration of his or
115 her current term. A member of the commission may not lobby any
116 state or local governmental entity as provided in s. 11.045 or
117 s. 112.3215 or as provided by any local government charter or
118 ordinance, except that this prohibition does not apply to an
119 individual who is a member of the commission on July 1, 2006,
120 until the expiration of his or her current term. All members
121 shall serve 2-year terms. A member may not serve more than two
122 full terms in succession. Any member of the commission may be
123 removed for cause by majority vote of the Governor, the
124 President of the Senate, the Speaker of the House of
125 Representatives, and the Chief Justice of the Supreme Court.
126 Section 3. Subsection (7) of section 112.317, Florida
127 Statutes, is amended to read:
128 112.317 Penalties.—
129 (7) In any case in which the commission determines that a
130 person has filed a complaint against a public officer or
131 employee or a candidate for public office with a malicious
132 intent to injure the reputation of such officer or employee or
133 candidate by filing the complaint with knowledge that the
134 complaint contains one or more false allegations or with
135 reckless disregard for whether the complaint contains false
136 allegations of fact material to a violation of this part, the
137 complainant shall be liable for costs plus reasonable attorney
138 fees incurred in the defense of the person complained against,
139 including the costs and reasonable attorney fees incurred in
140 proving entitlement to and the amount of costs and fees. If the
141 complainant fails to pay such costs and fees voluntarily within
142 30 days following such finding by the commission, the commission
143 shall forward such information to the Department of Legal
144 Affairs, which shall bring a civil action in a court of
145 competent jurisdiction to recover the amount of such costs and
146 fees awarded by the commission.
147 Section 4. Subsections (1) and (3) of section 112.324,
148 Florida Statutes, are amended to read:
149 112.324 Procedures on complaints of violations and
150 referrals; public records and meeting exemptions.—
151 (1) The commission shall investigate an alleged violation
152 of this part or other alleged breach of the public trust within
153 the jurisdiction of the commission as provided in s. 8(f), Art.
154 II of the State Constitution:
155 (a) Upon a written complaint executed on a form prescribed
156 by the commission and signed under oath or affirmation by any
157 person; or
158 (b) Upon receipt of a written referral of a possible
159 violation of this part or other possible breach of the public
160 trust from the Governor, the Department of Law Enforcement, a
161 state attorney, or a United States Attorney which at least six
162 members of the commission determine is sufficient to indicate a
163 violation of this part or any other breach of the public trust.
164
165 Within 5 days after receipt of a complaint or referral by the
166 commission or a determination by at least six members of the
167 commission that the referral received is deemed sufficient, a
168 copy must shall be transmitted to the alleged violator.
169 (3)(a) A preliminary investigation must shall be undertaken
170 by the commission within 30 days after its receipt of each
171 technically and legally sufficient complaint or referral over
172 which the commission has jurisdiction to determine whether there
173 is probable cause to believe that a violation has occurred. A
174 complainant may submit an amended complaint up to 60 days after
175 the commission receives the initial complaint. The probable
176 cause determination is the conclusion of the preliminary
177 investigation. The commission shall complete the preliminary
178 investigation, including the probable cause determination, no
179 later than 1 year after the beginning of the preliminary
180 investigation.
181 (b) An investigatory report must be completed no later than
182 150 days after the beginning of the preliminary investigation.
183 If, at any one meeting of the commission held during a given
184 preliminary investigation, at least six members of the
185 commission determine that additional time is necessary to
186 adequately complete such investigation, the commission may
187 extend the timeframe to complete the preliminary investigation
188 by no more than 60 days. During such meeting, the commission
189 shall document its reasons for extending the investigation and
190 transmit a copy of such documentation to the alleged violator
191 and complainant no later than 5 days after the extension is
192 ordered. The investigatory report must be transmitted to the
193 alleged violator and to the counsel representing the commission
194 no later than 5 days after completion of the report. The counsel
195 representing the commission shall make a written recommendation
196 to the commission for the disposition of the complaint or
197 referral no later than 15 days after he or she receives the
198 completed investigatory report. The commission shall transmit
199 the counsel’s written recommendation to the alleged violator no
200 later than 5 days after its completion. The alleged violator has
201 14 days after the mailing date of the counsel’s recommendation
202 to respond in writing to the recommendation.
203 (c) Upon receipt of the counsel’s recommendation, the
204 commission shall schedule a probable cause hearing for the next
205 executive session of the commission for which notice
206 requirements can be met.
207 (d) If, upon completion of the preliminary investigation,
208 the commission finds no probable cause to believe that this part
209 has been violated, or that no any other breach of the public
210 trust has been committed, the commission must shall dismiss the
211 complaint or referral with the issuance of a public report to
212 the complainant and the alleged violator, stating with
213 particularity its reasons for dismissal. At that time, the
214 complaint or referral and all materials relating to the
215 complaint or referral shall become a matter of public record.
216 (e) If the commission finds from the preliminary
217 investigation probable cause to believe that this part has been
218 violated or that any other breach of the public trust has been
219 committed, it must transmit a copy of the order finding probable
220 cause to shall so notify the complainant and the alleged
221 violator in writing no later than 5 days after the date of the
222 probable cause determination. Such notification and all
223 documents made or received in the disposition of the complaint
224 or referral shall then become public records. Upon request
225 submitted to the commission in writing, any person who the
226 commission finds probable cause to believe has violated any
227 provision of this part or has committed any other breach of the
228 public trust is shall be entitled to a public hearing and may
229 elect to have a formal administrative hearing conducted by an
230 administrative law judge in the Division of Administrative
231 Hearings. If the person does not elect to have a formal
232 administrative hearing by an administrative law judge, the
233 person is entitled to an informal hearing conducted before the
234 commission. Such person is shall be deemed to have waived the
235 right to a formal or an informal public hearing if the request
236 is not received within 14 days following the mailing date of the
237 probable cause notification required by this paragraph
238 subsection. However, the commission may, on its own motion,
239 require a public hearing.
240 (f) If the commission conducts an informal hearing, it must
241 be held no later than 75 days after the date of the probable
242 cause determination.
243 (g) If the commission refers a case to the Division of
244 Administrative Hearings for a formal hearing and subsequently
245 requests that the case be relinquished back to the commission,
246 or if the administrative law judge assigned to the case
247 relinquishes jurisdiction back to the commission before a
248 recommended order is entered, the commission must schedule the
249 case for additional action at the next commission meeting for
250 which notice requirements can be met. At the next subsequent
251 commission meeting, the commission must complete final action on
252 such case.
253 (h) The commission, may conduct such further investigation
254 as it deems necessary, and may enter into such stipulations and
255 settlements as it finds to be just and in the best interest of
256 the state. The commission is without jurisdiction to, and no
257 respondent may voluntarily or involuntarily, enter into a
258 stipulation or settlement which imposes any penalty, including,
259 but not limited to, a sanction or admonition or any other
260 penalty contained in s. 112.317. Penalties may shall be imposed
261 only by the appropriate disciplinary authority as designated in
262 this section.
263 (i) At least six members of the commission must vote to
264 reject or deviate from a recommendation of the counsel
265 representing the commission.
266 (j) If a criminal complaint related to an investigation
267 pursuant to this section is filed, the timeframes in this
268 subsection are tolled until completion of the criminal
269 investigation or prosecution, excluding any appeals from such
270 prosecution, whichever occurs later.
271 (k) The failure of the commission to comply with the time
272 limits provided in this subsection constitutes harmless error in
273 any related disciplinary action unless a court finds that the
274 fairness of the proceedings or the correctness of an action may
275 have been impaired by a material error in procedure or a failure
276 to follow prescribed procedure.
277 Section 5. This act shall take effect October 1, 2024.