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

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

---

Bill Title: Ethics

Spectrum: Committee Bill

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

Download: Florida-2024-S7014-Engrossed.html

---

       CS for SB 7014                                   First Engrossed
       
       
       
       
       
       
       
       
       20247014e1
       
    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. 112.3144,
    5         F.S.; authorizing attorneys who file full and public
    6         disclosures of their financial interests to indicate
    7         that a client meets disclosure criteria without
    8         providing further information relating to such client;
    9         authorizing such attorneys to designate such clients
   10         as “Legal Client” on such disclosures; amending s.
   11         112.3145, F.S.; deleting obsolete language;
   12         authorizing attorneys who file statements of financial
   13         interests to indicate that a client meets disclosure
   14         criteria without providing further information
   15         relating to such client; authorizing such attorneys to
   16         designate such clients as “Legal Client” on such
   17         statements; amending s. 112.321, F.S.; prohibiting a
   18         member of the Commission on Ethics from serving more
   19         than two full terms, instead of two full terms in
   20         succession; making technical changes; deleting
   21         obsolete language; amending s. 112.317, F.S.;
   22         providing that a complainant is liable for costs plus
   23         reasonable attorney fees for filing a complaint with
   24         malicious intent against a candidate for public
   25         office; amending s. 112.324, F.S.; requiring that
   26         allegations in written complaints submitted to the
   27         commission be based upon personal knowledge or
   28         information other than hearsay; specifying that a
   29         certain number of members of the commission are not
   30         required to make a specified determination related to
   31         written referrals submitted to the commission by
   32         specified parties; requiring the commission to submit
   33         a copy of a certain referral to an alleged violator
   34         within a specified timeframe; requiring the commission
   35         to undertake a preliminary investigation within a
   36         specified timeframe after receipt of technically and
   37         legally sufficient complaints or referrals and make a
   38         certain determination; authorizing a complainant to
   39         submit an amended complaint within a specified
   40         timeframe; providing that the probable cause
   41         determination concludes the preliminary investigation;
   42         requiring the commission to complete a preliminary
   43         investigation, including a probable cause
   44         determination, within a specified timeframe; requiring
   45         the commission to complete an investigatory report
   46         within a specified timeframe; authorizing the
   47         commission to extend, for a specified period, the
   48         allowable timeframe to adequately complete a
   49         preliminary investigation if a specified number of
   50         members of the commission determine such extension is
   51         necessary; requiring the commission to document the
   52         reasons for extending such investigation and transmit
   53         a copy of such documentation to the alleged violator
   54         and complainant within a specified timeframe;
   55         requiring the commission to transmit a copy of the
   56         completed report to an alleged violator and to the
   57         counsel representing the commission within a specified
   58         timeframe; requiring such counsel to make a written
   59         recommendation for disposition of a complaint or
   60         referral within a specified timeframe after receiving
   61         the investigatory report; requiring the commission to
   62         transmit such recommendation to the alleged violator
   63         within a specified timeframe; providing that the
   64         alleged violator has a specified timeframe to respond
   65         in writing to the counsel’s recommendation; requiring
   66         the commission, upon receipt of the counsel’s
   67         recommendation, to schedule a probable cause hearing
   68         for the next executive session of the commission for
   69         which notice requirements can be met; providing that,
   70         under specified conditions, the commission may dismiss
   71         complaints or referrals before completion of a
   72         preliminary investigation; providing a timeframe
   73         within which the commission must transmit a copy of
   74         the order finding probable cause to the complainant
   75         and the alleged violator after a finding of probable
   76         cause; specifying that an alleged violator is entitled
   77         to request a formal hearing before the Division of
   78         Administrative Hearings or may select an informal
   79         hearing with the commission; providing that persons
   80         are deemed to waive their rights to a formal or an
   81         informal hearing if the request is not received within
   82         a specified timeframe; providing the timeframe within
   83         which the commission must conduct an informal hearing;
   84         requiring the commission to schedule a case that has
   85         been relinquished from the Division of Administrative
   86         Hearings for additional action at the next commission
   87         meeting for which notice requirements can be met;
   88         requiring the commission to complete final action on
   89         such case within a specified timeframe; requiring a
   90         specified percentage of commission members present at
   91         a meeting to vote to reject or deviate from a
   92         recommendation made by the counsel representing the
   93         commission; providing that specified timeframes are
   94         tolled until the completion of a related criminal
   95         investigation or prosecution, excluding appeals,
   96         whichever occurs later; providing that a harmless
   97         error standard applies to the commission regarding
   98         specified timeframes; amending s. 112.326, F.S.;
   99         providing requirements for noncriminal complaint
  100         procedures if a political subdivision or an agency
  101         adopts more stringent standards of conduct and
  102         disclosure requirements; providing that existing and
  103         future ordinances and rules that are in conflict with
  104         specified provisions are void; providing an effective
  105         date.
  106          
  107  Be It Enacted by the Legislature of the State of Florida:
  108  
  109         Section 1. Paragraph (b) of subsection (4) of section
  110  112.3122, Florida Statutes, is amended to read:
  111         112.3122 Enforcement and penalties for constitutional
  112  prohibition against lobbying by a public officer.—
  113         (4) A violation of s. 8(f), Art. II of the State
  114  Constitution may be punished by one or more of the following:
  115         (b) A civil penalty not to exceed $20,000 $10,000.
  116         Section 2. Paragraph (c) of subsection (6) of section
  117  112.3144, Florida Statutes, is amended to read:
  118         112.3144 Full and public disclosure of financial
  119  interests.—
  120         (6)
  121         (c)1. Each separate source and amount of income which
  122  exceeds $1,000 must be identified. For the purpose of a filer
  123  reporting income, the commission shall accept federal income tax
  124  returns. If a filer submits a federal income tax return for the
  125  purpose of reporting income, he or she must also include all
  126  attachments and schedules associated with such federal income
  127  tax return.
  128         2. If disclosure of identifying information regarding a
  129  source of income or secondary sources of income will violate
  130  confidentiality or privilege pursuant to law or rules governing
  131  attorneys, a filer who is also an attorney may indicate that he
  132  or she has a legal client who meets the disclosure criteria
  133  without providing further information about the client. The
  134  filer in such circumstance may write “Legal Client” in the
  135  disclosure fields without providing further information.
  136         Section 3. Subsection (3) of section 112.3145, Florida
  137  Statutes, is amended to read:
  138         112.3145 Disclosure of financial interests and clients
  139  represented before agencies.—
  140         (3) The statement of financial interests for state
  141  officers, specified state employees, local officers, and persons
  142  seeking to qualify as candidates for state or local office shall
  143  be filed even if the reporting person holds no financial
  144  interests requiring disclosure in a particular category, in
  145  which case that section of the statement shall be marked “not
  146  applicable.” Otherwise, the statement of financial interests
  147  must include the information under paragraph (a) or paragraph
  148  (b). The reporting person must indicate on the statement whether
  149  he or she is using the reporting method under paragraph (a) or
  150  paragraph (b). Beginning January 1, 2023, only the reporting
  151  method specified under paragraph (b) may be used.
  152         (a)1. All sources of income in excess of 5 percent of the
  153  gross income received during the disclosure period by the person
  154  in his or her own name or by any other person for his or her use
  155  or benefit, excluding public salary. However, this shall not be
  156  construed to require disclosure of a business partner’s sources
  157  of income. The person reporting shall list such sources in
  158  descending order of value with the largest source first;
  159         2. All sources of income to a business entity in excess of
  160  10 percent of the gross income of a business entity in which the
  161  reporting person held a material interest and from which he or
  162  she received an amount which was in excess of 10 percent of his
  163  or her gross income during the disclosure period and which
  164  exceeds $1,500. The period for computing the gross income of the
  165  business entity is the fiscal year of the business entity which
  166  ended on, or immediately prior to, the end of the disclosure
  167  period of the person reporting;
  168         3. The location or description of real property in this
  169  state, except for residences and vacation homes, owned directly
  170  or indirectly by the person reporting, when such person owns in
  171  excess of 5 percent of the value of such real property, and a
  172  general description of any intangible personal property worth in
  173  excess of 10 percent of such person’s total assets. For the
  174  purposes of this paragraph, indirect ownership does not include
  175  ownership by a spouse or minor child; and
  176         4. Every individual liability that equals more than the
  177  reporting person’s net worth; or
  178         (b)1. All sources of gross income in excess of $2,500
  179  received during the disclosure period by the person in his or
  180  her own name or by any other person for his or her use or
  181  benefit, excluding public salary. However, this shall not be
  182  construed to require disclosure of a business partner’s sources
  183  of income. The person reporting shall list such sources in
  184  descending order of value with the largest source first;
  185         2. All sources of income to a business entity in excess of
  186  10 percent of the gross income of a business entity in which the
  187  reporting person held a material interest and from which he or
  188  she received gross income exceeding $5,000 during the disclosure
  189  period. The period for computing the gross income of the
  190  business entity is the fiscal year of the business entity which
  191  ended on, or immediately prior to, the end of the disclosure
  192  period of the person reporting;
  193         3. The location or description of real property in this
  194  state, except for residence and vacation homes, owned directly
  195  or indirectly by the person reporting, when such person owns in
  196  excess of 5 percent of the value of such real property, and a
  197  general description of any intangible personal property worth in
  198  excess of $10,000. For the purpose of this paragraph, indirect
  199  ownership does not include ownership by a spouse or minor child;
  200  and
  201         4. Every liability in excess of $10,000.
  202         (b) If disclosure of identifying information regarding a
  203  source of income or secondary sources of income will violate
  204  confidentiality or privilege pursuant to law or rules governing
  205  attorneys, a filer who is also an attorney may indicate that he
  206  or she has a legal client who meets the disclosure criteria
  207  without providing further information about the client. The
  208  filer in such circumstance may write “Legal Client” in the
  209  disclosure fields without providing further information.
  210         Section 4. Subsection (1) of section 112.321, Florida
  211  Statutes, is amended to read:
  212         112.321 Membership, terms; travel expenses; staff.—
  213         (1) The commission shall be composed of nine members. Five
  214  of these members shall be appointed by the Governor, no more
  215  than three of whom shall be from the same political party,
  216  subject to confirmation by the Senate. One member appointed by
  217  the Governor shall be a former city or county official and may
  218  be a former member of a local planning or zoning board which has
  219  only advisory duties. Two members shall be appointed by the
  220  Speaker of the House of Representatives, and two members shall
  221  be appointed by the President of the Senate. Neither the Speaker
  222  of the House of Representatives nor the President of the Senate
  223  shall appoint more than one member from the same political
  224  party. Of the nine members of the Commission, no more than five
  225  members shall be from the same political party at any one time.
  226  A No member may not hold any public employment. An individual
  227  who qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215
  228  or pursuant to any local government charter or ordinance may not
  229  serve as a member of the commission, except that this
  230  prohibition does not apply to an individual who is a member of
  231  the commission on July 1, 2006, until the expiration of his or
  232  her current term. A member of the commission may not lobby any
  233  state or local governmental entity as provided in s. 11.045 or
  234  s. 112.3215 or as provided by any local government charter or
  235  ordinance, except that this prohibition does not apply to an
  236  individual who is a member of the commission on July 1, 2006,
  237  until the expiration of his or her current term. All members
  238  shall serve 2-year terms. A member may not serve more than two
  239  full terms in succession. Any member of the commission may be
  240  removed for cause by majority vote of the Governor, the
  241  President of the Senate, the Speaker of the House of
  242  Representatives, and the Chief Justice of the Supreme Court.
  243         Section 5. Subsection (7) of section 112.317, Florida
  244  Statutes, is amended to read:
  245         112.317 Penalties.—
  246         (7) In any case in which the commission determines that a
  247  person has filed a complaint against a public officer or
  248  employee or a candidate for public office with a malicious
  249  intent to injure the reputation of such officer or employee or
  250  candidate by filing the complaint with knowledge that the
  251  complaint contains one or more false allegations or with
  252  reckless disregard for whether the complaint contains false
  253  allegations of fact material to a violation of this part, the
  254  complainant shall be liable for costs plus reasonable attorney
  255  fees incurred in the defense of the person complained against,
  256  including the costs and reasonable attorney fees incurred in
  257  proving entitlement to and the amount of costs and fees. If the
  258  complainant fails to pay such costs and fees voluntarily within
  259  30 days following such finding by the commission, the commission
  260  shall forward such information to the Department of Legal
  261  Affairs, which shall bring a civil action in a court of
  262  competent jurisdiction to recover the amount of such costs and
  263  fees awarded by the commission.
  264         Section 6. Subsections (1) and (3) of section 112.324,
  265  Florida Statutes, are amended to read:
  266         112.324 Procedures on complaints of violations and
  267  referrals; public records and meeting exemptions.—
  268         (1) The commission shall investigate an alleged violation
  269  of this part or other alleged breach of the public trust within
  270  the jurisdiction of the commission as provided in s. 8(f), Art.
  271  II of the State Constitution:
  272         (a) Upon a written complaint executed on a form prescribed
  273  by the commission which is based upon personal knowledge or
  274  information other than hearsay and signed under oath or
  275  affirmation by any person; or
  276         (b) Upon receipt of a written referral of a possible
  277  violation of this part or other possible breach of the public
  278  trust from the Governor, the Department of Law Enforcement, a
  279  state attorney, or a United States Attorney which at least six
  280  members of the commission determine is sufficient to indicate a
  281  violation of this part or any other breach of the public trust.
  282  
  283  Within 5 days after receipt of a complaint or referral by the
  284  commission or a determination by at least six members of the
  285  commission that the referral received is deemed sufficient, a
  286  copy must shall be transmitted to the alleged violator.
  287         (3)(a) A preliminary investigation must shall be undertaken
  288  by the commission within 30 days after its receipt of each
  289  technically and legally sufficient complaint or referral over
  290  which the commission has jurisdiction to determine whether there
  291  is probable cause to believe that a violation has occurred. A
  292  complainant may submit an amended complaint up to 60 days after
  293  the commission receives the initial complaint. The probable
  294  cause determination is the conclusion of the preliminary
  295  investigation. The commission shall complete the preliminary
  296  investigation, including the probable cause determination, no
  297  later than 1 year after the beginning of the preliminary
  298  investigation.
  299         (b) An investigatory report must be completed no later than
  300  150 days after the beginning of the preliminary investigation.
  301  If, at any one meeting of the commission held during a given
  302  preliminary investigation, at least six members of the
  303  commission determine that additional time is necessary to
  304  adequately complete such investigation, the commission may
  305  extend the timeframe to complete the preliminary investigation
  306  by no more than 60 days. During such meeting, the commission
  307  shall document its reasons for extending the investigation and
  308  transmit a copy of such documentation to the alleged violator
  309  and complainant no later than 5 days after the extension is
  310  ordered. The investigatory report must be transmitted to the
  311  alleged violator and to the counsel representing the commission
  312  no later than 5 days after completion of the report. The counsel
  313  representing the commission shall make a written recommendation
  314  to the commission for the disposition of the complaint or
  315  referral no later than 15 days after he or she receives the
  316  completed investigatory report. The commission shall transmit
  317  the counsel’s written recommendation to the alleged violator no
  318  later than 5 days after its completion. The alleged violator has
  319  14 days after the mailing date of the counsel’s recommendation
  320  to respond in writing to the recommendation.
  321         (c) Upon receipt of the counsel’s recommendation, the
  322  commission shall schedule a probable cause hearing for the next
  323  executive session of the commission for which notice
  324  requirements can be met.
  325         (d) If, upon completion of the preliminary investigation,
  326  the commission finds no probable cause to believe that this part
  327  has been violated, or that no any other breach of the public
  328  trust has been committed, the commission must shall dismiss the
  329  complaint or referral with the issuance of a public report to
  330  the complainant and the alleged violator, stating with
  331  particularity its reasons for dismissal. At that time, the
  332  complaint or referral and all materials relating to the
  333  complaint or referral shall become a matter of public record.
  334         (e) If the commission finds from the preliminary
  335  investigation probable cause to believe that this part has been
  336  violated or that any other breach of the public trust has been
  337  committed, it must transmit a copy of the order finding probable
  338  cause to shall so notify the complainant and the alleged
  339  violator in writing no later than 5 days after the date of the
  340  probable cause determination. Such notification and all
  341  documents made or received in the disposition of the complaint
  342  or referral shall then become public records. Upon request
  343  submitted to the commission in writing, any person who the
  344  commission finds probable cause to believe has violated any
  345  provision of this part or has committed any other breach of the
  346  public trust is shall be entitled to a public hearing and may
  347  elect to have a formal administrative hearing conducted by an
  348  administrative law judge in the Division of Administrative
  349  Hearings. If the person does not elect to have a formal
  350  administrative hearing by an administrative law judge, the
  351  person is entitled to an informal hearing conducted before the
  352  commission. Such person is shall be deemed to have waived the
  353  right to a formal or an informal public hearing if the request
  354  is not received within 14 days following the mailing date of the
  355  probable cause notification required by this paragraph
  356  subsection. However, the commission may, on its own motion,
  357  require a public hearing.
  358         (f) If the commission conducts an informal hearing, it must
  359  be held no later than 75 days after the date of the probable
  360  cause determination.
  361         (g) If the commission refers a case to the Division of
  362  Administrative Hearings for a formal hearing and subsequently
  363  requests that the case be relinquished back to the commission,
  364  or if the administrative law judge assigned to the case
  365  relinquishes jurisdiction back to the commission before a
  366  recommended order is entered, the commission must schedule the
  367  case for additional action at the next commission meeting for
  368  which notice requirements can be met. At the next subsequent
  369  commission meeting, the commission must complete final action on
  370  such case.
  371         (h) The commission, may conduct such further investigation
  372  as it deems necessary, and may enter into such stipulations and
  373  settlements as it finds to be just and in the best interest of
  374  the state. The commission is without jurisdiction to, and no
  375  respondent may voluntarily or involuntarily, enter into a
  376  stipulation or settlement which imposes any penalty, including,
  377  but not limited to, a sanction or admonition or any other
  378  penalty contained in s. 112.317. Penalties may shall be imposed
  379  only by the appropriate disciplinary authority as designated in
  380  this section.
  381         (i) At least two-thirds of the members of the commission
  382  present at a meeting must vote to reject or deviate from a
  383  recommendation of the counsel representing the commission.
  384         (j) If a criminal complaint related to an investigation
  385  pursuant to this section is filed, the timeframes in this
  386  subsection are tolled until completion of the criminal
  387  investigation or prosecution, excluding any appeals from such
  388  prosecution, whichever occurs later.
  389         (k) The failure of the commission to comply with the time
  390  limits provided in this subsection constitutes harmless error in
  391  any related disciplinary action unless a court finds that the
  392  fairness of the proceedings or the correctness of an action may
  393  have been impaired by a material error in procedure or a failure
  394  to follow prescribed procedure.
  395         Section 7. Section 112.326, Florida Statutes, is amended to
  396  read:
  397         112.326 Additional requirements by political subdivisions
  398  and agencies not prohibited; certain procedures preempted.—
  399         (1) Except as provided in subsection (2), Nothing in this
  400  part does not act shall prohibit the governing body of any
  401  political subdivision, by ordinance, or agency, by rule, from
  402  imposing upon its own officers and employees additional or more
  403  stringent standards of conduct and disclosure requirements than
  404  those specified in this part, provided that those standards of
  405  conduct and disclosure requirements do not otherwise conflict
  406  with the provisions of this part.
  407         (2) If a political subdivision or an agency adopts by
  408  ordinance or rule additional or more stringent standards of
  409  conduct and disclosure requirements pursuant to subsection (1),
  410  any noncriminal complaint procedure must:
  411         (a) Require a complaint to be written and signed under oath
  412  or affirmation by the person making the complaint;
  413         (b) Require a complaint to be based upon personal knowledge
  414  or information other than hearsay;
  415         (c) Prohibit the initiation of a complaint or investigation
  416  by the governing body of the political subdivision, agency, or
  417  any entity created to enforce the standards; and
  418         (d) Include a provision establishing a process for the
  419  recovery of costs and attorney fees for public officers, public
  420  employees, or candidates for public office against a person
  421  found by the governing body of the political subdivision,
  422  agency, or entity created to enforce the standards to have filed
  423  the complaint with a malicious intent to injure the reputation
  424  of such officer, employee, or candidate by filing the complaint
  425  with knowledge that the complaint contains one or more false
  426  allegations or with reckless disregard for whether the complaint
  427  contains false allegations of fact material to a violation.
  428         (3) Any existing or future ordinance or rule adopted by a
  429  political subdivision or an agency which is in conflict with
  430  subsection (2) is void.
  431         Section 8. This act shall take effect October 1, 2024.