Bill Text: FL S7014 | 2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Ethics

Spectrum: Committee Bill

Status: (Passed) 2024-06-24 - Chapter No. 2024-253 [S7014 Detail]

Download: Florida-2024-S7014-Introduced.html

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       Florida Senate - 2024                                    SB 7014
       
       
        
       By the Committee on Ethics and Elections
       
       
       
       
       
       582-01858-24                                          20247014__
    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.; requiring the
   13         commission to submit a copy of a certain referral to
   14         an alleged violator within a specified timeframe;
   15         specifying that complaints and referrals must be
   16         technically, in addition to legally, sufficient for
   17         the commission to undertake a preliminary
   18         investigation and make a certain determination;
   19         authorizing a complainant to submit an amended
   20         complaint within a specified timeframe; providing that
   21         the probable cause determination concludes the
   22         preliminary investigation; requiring the commission to
   23         complete a preliminary investigation, including a
   24         probable cause determination, within a specified
   25         timeframe; requiring the commission to determine
   26         technical and legal sufficiency of complaints and
   27         referrals within specified timeframes and issue an
   28         order to investigate under a specified condition;
   29         requiring that the commission complete an
   30         investigatory report within a specified timeframe and
   31         provide a copy of the completed report to an alleged
   32         violator and counsel for the commission within a
   33         specified timeframe; requiring counsel for the
   34         commission to make a written recommendation for
   35         disposition of a complaint within a specified
   36         timeframe after receiving the investigatory report;
   37         requiring that the commission provide such
   38         recommendation to the violator within a specified
   39         timeframe; providing that the alleged violator has a
   40         specified timeframe to respond in writing to the
   41         counsel’s recommendation; requiring the commission,
   42         upon receipt of the counsel’s recommendation, to
   43         schedule a probable cause hearing for the next
   44         executive session of the commission if specified
   45         conditions are met; providing that, under specified
   46         conditions, the commission may dismiss complaints or
   47         referrals before completion of a preliminary
   48         investigation; providing a timeframe within which the
   49         commission must notify a complainant and an alleged
   50         violator after a finding of probable cause; specifying
   51         that an alleged violator is entitled to request a
   52         hearing before the Division of Administrative Hearings
   53         or may select an informal hearing with the commission;
   54         authorizing an investigation that must be completed
   55         within a specified timeframe if a specified number of
   56         commissioners determines further investigation is
   57         necessary; requiring the commission to document the
   58         reasons for ordering such investigation; providing the
   59         timeframe within which the commission must conduct an
   60         informal hearing; requiring the commission to schedule
   61         a case that has been relinquished from the Division of
   62         Administrative Hearings for additional action at the
   63         next commission meeting; requiring the commission to
   64         complete final action on such case within a specified
   65         timeframe; requiring a specified number of
   66         commissioners to vote to reject or deviate from a
   67         recommendation made by counsel; providing that
   68         specified timeframes are tolled until the completion
   69         of a related criminal investigation or prosecution,
   70         excluding appeals, whichever occurs later; providing
   71         that a harmless error standard applies to the
   72         commission regarding specified timeframes; providing
   73         that specified timeframes apply retroactively and
   74         prospectively; providing an effective date.
   75          
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Paragraph (b) of subsection (4) of section
   79  112.3122, Florida Statutes, is amended to read:
   80         112.3122 Enforcement and penalties for constitutional
   81  prohibition against lobbying by a public officer.—
   82         (4) A violation of s. 8(f), Art. II of the State
   83  Constitution may be punished by one or more of the following:
   84         (b) A civil penalty not to exceed $20,000 $10,000.
   85         Section 2. Subsection (1) of section 112.321, Florida
   86  Statutes, is amended to read:
   87         112.321 Membership, terms; travel expenses; staff.—
   88         (1) The commission shall be composed of nine members. Five
   89  of these members shall be appointed by the Governor, no more
   90  than three of whom shall be from the same political party,
   91  subject to confirmation by the Senate. One member appointed by
   92  the Governor shall be a former city or county official and may
   93  be a former member of a local planning or zoning board which has
   94  only advisory duties. Two members shall be appointed by the
   95  Speaker of the House of Representatives, and two members shall
   96  be appointed by the President of the Senate. Neither the Speaker
   97  of the House of Representatives nor the President of the Senate
   98  shall appoint more than one member from the same political
   99  party. Of the nine members of the Commission, no more than five
  100  members shall be from the same political party at any one time.
  101  A No member may not hold any public employment. An individual
  102  who qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215
  103  or pursuant to any local government charter or ordinance may not
  104  serve as a member of the commission, except that this
  105  prohibition does not apply to an individual who is a member of
  106  the commission on July 1, 2006, until the expiration of his or
  107  her current term. A member of the commission may not lobby any
  108  state or local governmental entity as provided in s. 11.045 or
  109  s. 112.3215 or as provided by any local government charter or
  110  ordinance, except that this prohibition does not apply to an
  111  individual who is a member of the commission on July 1, 2006,
  112  until the expiration of his or her current term. All members
  113  shall serve 2-year terms. A member may not serve more than two
  114  full terms in succession. Any member of the commission may be
  115  removed for cause by majority vote of the Governor, the
  116  President of the Senate, the Speaker of the House of
  117  Representatives, and the Chief Justice of the Supreme Court.
  118         Section 3. Subsection (7) of section 112.317, Florida
  119  Statutes, is amended to read:
  120         112.317 Penalties.—
  121         (7) In any case in which the commission determines that a
  122  person has filed a complaint against a public officer or
  123  employee or a candidate for public office with a malicious
  124  intent to injure the reputation of such officer or employee or
  125  candidate by filing the complaint with knowledge that the
  126  complaint contains one or more false allegations or with
  127  reckless disregard for whether the complaint contains false
  128  allegations of fact material to a violation of this part, the
  129  complainant shall be liable for costs plus reasonable attorney
  130  fees incurred in the defense of the person complained against,
  131  including the costs and reasonable attorney fees incurred in
  132  proving entitlement to and the amount of costs and fees. If the
  133  complainant fails to pay such costs and fees voluntarily within
  134  30 days following such finding by the commission, the commission
  135  shall forward such information to the Department of Legal
  136  Affairs, which shall bring a civil action in a court of
  137  competent jurisdiction to recover the amount of such costs and
  138  fees awarded by the commission.
  139         Section 4. Subsections (1) and (3) of section 112.324,
  140  Florida Statutes, are amended to read:
  141         112.324 Procedures on complaints of violations and
  142  referrals; public records and meeting exemptions.—
  143         (1) The commission shall investigate an alleged violation
  144  of this part or other alleged breach of the public trust within
  145  the jurisdiction of the commission as provided in s. 8(f), Art.
  146  II of the State Constitution:
  147         (a) Upon a written complaint executed on a form prescribed
  148  by the commission and signed under oath or affirmation by any
  149  person; or
  150         (b) Upon receipt of a written referral of a possible
  151  violation of this part or other possible breach of the public
  152  trust from the Governor, the Department of Law Enforcement, a
  153  state attorney, or a United States Attorney which at least six
  154  members of the commission determine is sufficient to indicate a
  155  violation of this part or any other breach of the public trust.
  156  
  157  Within 5 days after receipt of a complaint or referral by the
  158  commission or a determination by at least six members of the
  159  commission that the referral received is deemed sufficient, a
  160  copy must shall be transmitted to the alleged violator.
  161         (3)(a) A preliminary investigation must shall be undertaken
  162  by the commission of each technically and legally sufficient
  163  complaint or referral over which the commission has jurisdiction
  164  to determine whether there is probable cause to believe that a
  165  violation has occurred. A complainant may submit an amended
  166  complaint up to 60 days after the commission receives the
  167  initial complaint. The probable cause determination is the
  168  conclusion of the preliminary investigation. The commission
  169  shall complete the preliminary investigation, including the
  170  probable cause determination, no later than 1 year after the
  171  beginning of the preliminary investigation.
  172         (b) The commission shall make a determination as to whether
  173  a complaint is technically sufficient no later than 5 days after
  174  receiving the complaint. The commission shall make a
  175  determination as to whether a complaint is legally sufficient no
  176  later than 21 days after receiving the complaint. The commission
  177  shall make a determination as to whether a referral is
  178  technically and legally sufficient at its next meeting.
  179         (c) If the commission determines a complaint or referral is
  180  technically and legally sufficient, it must issue an order to
  181  investigate. An investigatory report must be completed no later
  182  than 120 days after the beginning of the preliminary
  183  investigation and must be provided to the alleged violator and
  184  to counsel for the commission no later than 5 days after
  185  completion of the report. The counsel for the commission shall
  186  make a written recommendation to the commission for the
  187  disposition of the complaint or referral no later than 15 days
  188  after he or she receives the completed investigatory report. The
  189  commission shall provide the counsel’s written recommendation to
  190  the alleged violator no later than 5 days after its completion.
  191  The alleged violator has 14 days to respond in writing after the
  192  mailing date of the counsel’s recommendation.
  193         (d) Upon receipt of the counsel’s recommendation, the
  194  commission must schedule a probable cause hearing for the next
  195  executive session of the commission if notice requirements can
  196  be met.
  197         (e) If, upon completion of the preliminary investigation,
  198  the commission finds no probable cause to believe that this part
  199  has been violated, or that no any other breach of the public
  200  trust has been committed, the commission must shall dismiss the
  201  complaint or referral with the issuance of a public report to
  202  the complainant and the alleged violator, stating with
  203  particularity its reasons for dismissal. At that time, the
  204  complaint or referral and all materials relating to the
  205  complaint or referral shall become a matter of public record.
  206         (f) If the commission finds from the preliminary
  207  investigation probable cause to believe that this part has been
  208  violated or that any other breach of the public trust has been
  209  committed, it must shall so notify the complainant and the
  210  alleged violator in writing no later than 5 days after the date
  211  of the probable cause determination. Such notification and all
  212  documents made or received in the disposition of the complaint
  213  or referral shall then become public records. Upon request
  214  submitted to the commission in writing, any person who the
  215  commission finds probable cause to believe has violated any
  216  provision of this part or has committed any other breach of the
  217  public trust is shall be entitled to a public hearing and may
  218  elect to have a formal administrative hearing conducted by an
  219  administrative law judge in the Division of Administrative
  220  Hearings. If the person does not elect to have a formal
  221  administrative hearing by an administrative law judge, the
  222  person is entitled to an informal hearing conducted before the
  223  commission. Such person is shall be deemed to have waived the
  224  right to a public hearing if the request is not received within
  225  14 days following the mailing date of the probable cause
  226  notification required by this paragraph subsection. However, the
  227  commission may, on its own motion, require a public hearing.,
  228         (g) At a probable cause hearing, if at least six members of
  229  the commission determine may conduct such further investigation
  230  is necessary, the investigation may be ordered, and such
  231  investigation may not exceed a period of 60 days as it deems
  232  necessary. During the probable cause hearing, the commission
  233  must document the reasons for ordering the additional
  234  investigation.
  235         (h) If the commission conducts an informal hearing, it must
  236  do so no later than 75 days after the date of the probable cause
  237  determination.
  238         (i) If the commission refers a case to the Division of
  239  Administrative Hearings for a formal hearing and subsequently
  240  requests that the case be relinquished back to the commission,
  241  or if the administrative law judge assigned to the case
  242  relinquishes jurisdiction back to the commission before a
  243  recommended order is entered, the commission must schedule the
  244  case for additional action at the next commission meeting and
  245  must complete final action on the case no later than 30 days
  246  after the date of that commission meeting.
  247         (j) The commission, and may enter into such stipulations
  248  and settlements as it finds to be just and in the best interest
  249  of the state. The commission is without jurisdiction to, and no
  250  respondent may voluntarily or involuntarily, enter into a
  251  stipulation or settlement which imposes any penalty, including,
  252  but not limited to, a sanction or admonition or any other
  253  penalty contained in s. 112.317. Penalties may shall be imposed
  254  only by the appropriate disciplinary authority as designated in
  255  this section.
  256         (k) At least six members of the commission must vote to
  257  reject or deviate from a recommendation of counsel to the
  258  commission.
  259         (l) If a criminal complaint related to an investigation
  260  pursuant to this section is filed, the timeframes in this
  261  subsection are tolled until completion of the criminal
  262  investigation or prosecution, excluding any appeals from such
  263  prosecution, whichever occurs later.
  264         (m) The failure of the commission to comply with the time
  265  limits provided in this subsection constitutes harmless error in
  266  any related disciplinary action unless a court finds that the
  267  fairness of the proceedings or the correctness of an action may
  268  have been impaired by a material error in procedure or a failure
  269  to follow prescribed procedure.
  270         (n) The timeframes provided in this subsection apply to
  271  complaints and referrals submitted to the commission before, on,
  272  or after July 1, 2024.
  273         Section 5. This act shall take effect July 1, 2024.