Bill Text: FL S7040 | 2019 | Regular Session | Comm Sub
Bill Title: Financial Disclosure
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-24 - Laid on Table, companion bill(s) passed, see CS/HB 7021 (Ch. 2019-97), CS/HB 7023 (Ch. 2019-40) [S7040 Detail]
Download: Florida-2019-S7040-Comm_Sub.html
Florida Senate - 2019 CS for CS for SB 7040 By the Committees on Appropriations; Governmental Oversight and Accountability; and Ethics and Elections 576-04187-19 20197040c2 1 A bill to be entitled 2 An act relating to financial disclosure; creating s. 3 112.31446, F.S.; providing definitions; requiring the 4 Commission on Ethics to procure and test an electronic 5 filing system by a certain date; providing 6 requirements for such system; providing duties of the 7 units of government, the commission, and persons 8 required to file a specified form; amending s. 9 112.312, F.S.; revising the definition of “disclosure 10 period”; amending ss. 112.3144 and 112.3145, F.S.; 11 requiring certain forms to be filed electronically 12 beginning on a specified date; prescribing the manner 13 of filing for purposes of candidate qualifying; 14 prohibiting a filer from including certain information 15 on a disclosure or statement; providing that the 16 commission is not liable for the release of certain 17 information under certain circumstances; requiring the 18 commission to redact certain information under certain 19 circumstances; requiring certain information be 20 delivered electronically; requiring the commission to 21 provide certain verification to a filer upon request; 22 requiring a declaration be submitted with a disclosure 23 or statement; specifying that certain actions do not 24 constitute an unusual circumstance; revising a 25 schedule to the State Constitution; amending s. 26 112.31455, F.S.; conforming cross-references to 27 changes made by the act; providing effective dates. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Section 112.31446, Florida Statutes, is created 32 to read: 33 112.31446 Electronic filing system for financial 34 disclosure.— 35 (1) As used in this section, the term: 36 (a) “Disclosure of financial interests” or “disclosure” 37 includes a full and public disclosure of financial interests and 38 a final full and public disclosure of financial interests, and 39 any amendments thereto. 40 (b) “Electronic filing system” means an Internet-based 41 system for receiving, reporting, and publishing disclosures of 42 financial interests, statements of financial interests, or any 43 other form that is required under s. 112.3144 or s. 112.3145. 44 (c) “Statement of financial interests” or “statement” 45 includes a statement of financial interests and a final 46 statement of financial interests, and any amendments thereto. 47 (2) By January 1, 2022, the commission shall procure and 48 test an electronic filing system. At a minimum, the electronic 49 filing system must: 50 (a) Provide access through the Internet for the completion 51 and submission of disclosures of financial interests, statements 52 of financial interests, or any other form that is required under 53 s. 112.3144 or s. 112.3145. 54 (b) Make filings available in a searchable format that is 55 accessible by an individual using standard Internet-browsing 56 software. 57 (c) Issue a verification or receipt that the commission has 58 received the submitted disclosure or statement. 59 (d) Provide security that prevents unauthorized access to 60 the electronic filing system’s functions or data. 61 (e) Provide a method for an attorney or a certified public 62 accountant licensed in this state to complete the disclosure or 63 statement and certify that he or she prepared the disclosure or 64 statement in accordance with s. 112.3144 or s. 112.3145 and the 65 instructions for completing the disclosure or statement, and 66 that, upon his or her reasonable knowledge and belief, the 67 information on the disclosure or statement is true and correct. 68 (3) Each unit of government shall provide an e-mail address 69 to any of its officers, members, or employees who must file a 70 disclosure of financial interests or a statement of financial 71 interests, and provide such e-mail addresses to the commission 72 by February 1 of each year. A person required to file a 73 disclosure of financial interests or statement of financial 74 interests must inform the commission immediately of any change 75 in his or her e-mail address. 76 (4) The commission shall provide each person required to 77 file a disclosure of financial interests or statement of 78 financial interests a secure log-in to the electronic filing 79 system. Such person is responsible for protecting his or her 80 secure log-in credentials from disclosure and is responsible for 81 all filings submitted to the commission with such credentials, 82 unless the person has notified the commission that his or her 83 credentials have been compromised. 84 (5) If the electronic filing system is inoperable and 85 prevents timely submission of disclosures of financial interests 86 or statements of financial interests, as determined by the 87 commission chair, or if the Governor has declared a state of 88 emergency and a person required to submit a disclosure or 89 statement resides in an area included in the state of emergency 90 and is prevented from submitting the disclosure or statement 91 electronically, the commission chair must extend the filing 92 deadline for submission by such persons of disclosures or 93 statements by either the same period of time for which the 94 system was deemed inoperable or by 90 days for persons who 95 reside in an area included in a state of emergency, whichever is 96 applicable. 97 Section 2. Effective January 1, 2020, subsection (10) of 98 section 112.312, Florida Statutes, is amended to read: 99 112.312 Definitions.—As used in this part and for purposes 100 of the provisions of s. 8, Art. II of the State Constitution, 101 unless the context otherwise requires: 102 (10) “Disclosure period” means the calendartaxableyear, 103 if disclosure is required for the entire year, or the portion of 104 a calendar year ending with the last day of the period for which 105 disclosure is requiredfor the person or business entity,106whether based on a calendar or fiscal year, immediately107preceding the date on which, or the last day of the period108during which, the financial disclosure statement required by109this part is required to be filed. 110 Section 3. Section 112.3144, Florida Statutes, is amended 111 to read: 112 112.3144 Full and public disclosure of financial 113 interests.— 114 (1) An officer who is required by s. 8, Art. II of the 115 State Constitution to file a full and public disclosure of his 116 or her financial interests for any calendar or fiscal year, or 117 any other person required by law to file a disclosure under this 118 section, shall file that disclosure with the Florida Commission 119 on Ethics. Additionally,beginning January 1, 2015,an officer 120 who is required to complete annual ethics training pursuant to 121 s. 112.3142 must certify on his or her full and public 122 disclosure of financial interests that he or she has completed 123 the required training. 124 (2) Beginning January 1, 2022, all disclosures filed with 125 the commission must be filed electronically through an 126 electronic filing system created and maintained by the 127 commission as provided in s. 112.31446. 128 (3) A person who is required, pursuant to s. 8, Art. II of 129 the State Constitution, to file a full and public disclosure of 130 financial interests and who has filed a full and public 131 disclosure of financial interests for any calendar or fiscal 132 year shall not be required to file a statement of financial 133 interests pursuant to s. 112.3145(2) and (3) for the same year 134 or for any part thereof notwithstanding any requirement of this 135 part. Until the electronic filing system required by subsection 136 (2) is implemented, if an incumbent in an elective office has 137 filed the full and public disclosure of financial interests to 138 qualify for election to the same office or if a candidate for 139 office holds another office subject to the annual filing 140 requirement, the qualifying officer shall forward an electronic 141 copy of the full and public disclosure of financial interests to 142 the commission no later than July 1. The electronic copy of the 143 full and public disclosure of financial interests satisfies the 144 annual disclosure requirement of this section. A candidate who 145 does not qualify until after the annual full and public 146 disclosure of financial interests has been filed pursuant to 147 this section shall file a copy of his or her disclosure with the 148 officer before whom he or she qualifies. 149 (4) Beginning January 1, 2022, an incumbent in an elective 150 office or a candidate holding another position subject to an 151 annual filing requirement may submit either a copy of the full 152 and public disclosure of financial interests filed with the 153 commission, or a verification or receipt of the filing, with the 154 officer before whom he or she qualifies. A candidate not subject 155 to an annual filing requirement does not file with the 156 commission, but may complete and print a full and public 157 disclosure of financial interests to file with the officer 158 before whom he or she qualifies. 159 (5)(3)For purposes of full and public disclosure under s. 160 8(a), Art. II of the State Constitution, the following items, if 161 not held for investment purposes and if valued at over $1,000 in 162 the aggregate, may be reported in a lump sum and identified as 163 “household goods and personal effects”: 164 (a) Jewelry; 165 (b) Collections of stamps, guns, and numismatic properties; 166 (c) Art objects; 167 (d) Household equipment and furnishings; 168 (e) Clothing; 169 (f) Other household items; and 170 (g) Vehicles for personal use. 171 (6)(a)(4)(a)With respect to reporting, on forms prescribed172under this section,assets valued in excess of $1,000 which the 173 reporting individual holds jointly with another person, the 174 amount reported shall be based on the reporting individual’s 175 legal percentage of ownership in the property. However, assets 176 that are held jointly, with right of survivorship, must be 177 reported at 100 percent of the value of the asset. For purposes 178 of this subsection, a reporting individual is deemed to own a 179 percentage of a partnership which is equal to the reporting 180 individual’s interest in the capital or equity of the 181 partnership. 182 (b)1. With respect to reporting liabilities valued in 183 excess of $1,000on forms prescribed under this sectionfor 184 which the reporting individual is jointly and severally liable, 185 the amount reported shall be based on the reporting individual’s 186 percentage of liability rather than the total amount of the 187 liability. However, liability for a debt that is secured by 188 property owned by the reporting individual but that is held 189 jointly, with right of survivorship, must be reported at 100 190 percent of the total amount owed. 191 2. A separate section of the form shall be created to 192 provide for the reporting of the amounts of joint and several 193 liability of the reporting individual not otherwise reported in 194 subparagraph 1. 195 (c) Each separate source and amount of income which exceeds 196 $1,000 must be identified. Beginning January 1, 2022, a federal 197 income tax return may not be used for purposes of reporting 198 income, and the commission may not accept a federal income tax 199 return or a copy thereof. 200 (7)(a) Beginning January 1, 2022, a filer may not include 201 in a filing to the commission a federal income tax return, or a 202 copy thereof; a social security number; a bank, mortgage, or 203 brokerage account number; a debit, charge, or credit card 204 number; a personal identification number; or a taxpayer 205 identification number. If a filer includes such information in 206 his or her filing, the information may be made available as part 207 of the official records of the commission available for public 208 inspection and copying unless redaction is requested by the 209 filer. The commission is not liable for the release of social 210 security numbers or bank account, debit, charge, or credit card 211 numbers included in a filing to the commission if the filer has 212 not requested redaction of the information. 213 (b) The commission shall redact a filer’s social security 214 number; bank account number; debit, charge, or credit card 215 number; or any other personal or account information that is 216 legally protected from disclosure under state or federal law 217 upon written notification from the filer of its inadvertent 218 inclusion. Such notice must specify the information 219 inadvertently included and the specific section or sections of 220 the disclosure in which it was included. 221 (c) The commission must conspicuously post a notice, in 222 substantially the following form, in the instructions for the 223 electronic filing system specifying that: 224 1. Any filer submitting information through the electronic 225 filing system may not include a federal income tax return, or a 226 copy thereof; a social security number; a bank, mortgage, or 227 brokerage account number; a debit, charge, or credit card 228 number; a personal identification number; or a taxpayer 229 identification number in any filing unless required by law. 230 2. Information submitted through the electronic filing 231 system may be open to public inspection and copying. 232 3. Any filer has a right to request the commission to 233 redact from his or her filing any social security number; bank 234 account number; or debit, charge, or credit card number 235 contained in the filing. Such request must be made in writing 236 and delivered to the commission. The request must specify the 237 information to be redacted and the specific section or sections 238 of the disclosure in which it was included. 239 (8)(5)Forms or fields of information for compliance with 240 the full and public disclosure requirements of s. 8, Art. II of 241 the State Constitution shall be prescribedcreatedby the 242 commissionon Ethics. The commission shall give notice of 243 disclosure deadlines and delinquencies and distribute forms in 244 the following manner: 245 (a) Not later than May 1 of each year, the commission shall 246 prepare a current list of the names, e-mail addresses, and 247 physical addresses of and the offices held by every person 248 required to file full and public disclosure annually by s. 8, 249 Art. II of the State Constitution, or other state law.In250compiling the list, the commission shall be assisted byEach 251 unit of government shall assist the commission in compiling the 252 list byinproviding to the commission not later than February 1 253 of each yearat the request of the commissionthe name, e-mail 254 address, physical address, and name of the office held by such 255 personeach public officialwithin the respective unit of 256 government as of December 31 of the preceding year. 257 (b) Not later than June 130 days before July 1of each 258 year, the commission shall distributemailing261 list. Beginning January 1, 2022, no paper forms will be 262 provided. The notice required under this paragraph and 263 instructions for electronic submission must be delivered by e 264 mail. 265 (c) Not later than August 130 days after July 1of each 266 year, the commission shall determine which persons on the 267mailinglist have failed to file full and public disclosure and 268 shall send delinquency noticesby certified mailto such 269 persons. Each notice mustshallstate that a grace period is in 270 effect until September 1 of the current year. Beginning January 271 1, 2022, the notice required under this paragraph must be 272 delivered by e-mail and must be redelivered on a weekly basis so 273 long as a person remains delinquent. 274 (d) DisclosuresStatementsmust be received by the 275 commissionfilednot later than 5 p.m. of the due date. However, 276 any disclosurestatementthat is postmarked by the United States 277 Postal Service by midnight of the due date is deemed to have 278 been filed in a timely manner, and a certificate of mailing 279 obtained from and dated by the United States Postal Service at 280 the time of the mailing, or a receipt from an established 281 courier company which bears a date on or before the due date, 282 constitutes proof of mailing in a timely manner. Beginning 283 January 1, 2022, upon request of the filer, the commission must 284 provide verification to the filer that the commission has 285 received the filed disclosure. 286 (e) Beginning January 1, 2022, a written declaration, as 287 provided for under s. 92.525(2), accompanied by an electronic 288 signature satisfies the requirement that the disclosure be 289 sworn. 290 (f) Any person who is required to file full and public 291 disclosure of financial interests and whose name is on the 292 commission’smailinglist, and to whom notice has been sent, but 293 who fails to timely file is assessed a fine of $25 per day for 294 each day late up to a maximum of $1,500; however, this $1,500 295 limitation on automatic fines does not limit the civil penalty 296 that may be imposed if the statement is filed more than 60 days 297 after the deadline and a complaint is filed, as provided in s. 298 112.324. The commission must provide by rule the grounds for 299 waiving the fine and the procedures by which each person whose 300 name is on themailinglist and who is determined to have not 301 filed in a timely manner will be notified of assessed fines and 302 may appeal. The rule must provide for and make specific the 303 following: 304 1. The amount of the fine due is based upon the earliest of 305 the following: 306 a. When a statement is actually received by the office. 307 b. When the statement is postmarked. 308 c. When the certificate of mailing is dated. 309 d. When the receipt from an established courier company is 310 dated. 311 2. Upon receipt of the disclosure statement or upon accrual 312 of the maximum penalty, whichever occurs first, the commission 313 shall determine the amount of the fine which is due and shall 314 notify the delinquent person. The notice must include an 315 explanation of the appeal procedure under subparagraph 3. Such 316 fine must be paid within 30 days after the notice of payment due 317 is transmitted, unless appeal is made to the commission pursuant 318 to subparagraph 3. The moneys shall be deposited into the 319 General Revenue Fund. 320 3. Any reporting person may appeal or dispute a fine, based 321 upon unusual circumstances surrounding the failure to file on 322 the designated due date, and may request and is entitled to a 323 hearing before the commission, which may waive the fine in whole 324 or in part for good cause shown. Any such request must be in 325 writing and received by the commissionmadewithin 30 days after 326 the notice of payment due is transmitted. In such a case, the 327 reporting person must, within the 30-day period, notify the 328 person designated to review the timeliness of reports in writing 329 of his or her intention to bring the matter before the 330 commission. For purposes of this subparagraph, the term “unusual 331 circumstances” does not include the failure to monitor an e-mail 332 account or failure to receive notice if the person has not 333 notified the commission of a change in his or her e-mail 334 address. 335 (g)(f)Any person subject to the annual filing of full and 336 public disclosure under s. 8, Art. II of the State Constitution, 337 or other state law, whose name is not on the commission’s 338mailinglist of persons required to file full and public 339 disclosure is not subject to the fines or penalties provided in 340 this part for failure to file full and public disclosure in any 341 year in which the omission occurred, but nevertheless is 342 required to file the disclosure statement. 343 (h)(g)The notification requirements and fines of this 344 subsection do not apply to candidates or to the first filing 345 required of any person appointed to elective constitutional 346 office or other position required to file full and public 347 disclosure, unless the person’s name is on the commission’s 348 notification list and the person received notification from the 349 commission. The appointing official shall notify such newly 350 appointed person of the obligation to file full and public 351 disclosure by July 1. The notification requirements and fines of 352 this subsection do not apply to the final filing provided for in 353 subsection (10)(7). 354 (i)(h)Notwithstanding any provision of chapter 120, any 355 fine imposed under this subsection which is not waived by final 356 order of the commission and which remains unpaid more than 60 357 days after the notice of payment due or more than 60 days after 358 the commission renders a final order on the appeal must be 359 submitted to the Department of Financial Services as a claim, 360 debt, or other obligation owed to the state, and the department 361 shall assign the collection of such fine to a collection agent 362 as provided in s. 17.20. 363 (9)(6)If a person holding public office or public 364 employment fails or refuses to file a full and public disclosure 365 of financial interests for any year in which the person received 366 notice from the commission regarding the failure to file and has 367 accrued the maximum automatic fine authorized under this 368 section, regardless of whether the fine imposed was paid or 369 collected, the commission shall initiate an investigation and 370 conduct a public hearing without receipt of a complaint to 371 determine whether the person’s failure to file is willful. Such 372 investigation and hearing must be conducted in accordance with 373 s. 112.324. Except as provided in s. 112.324(4), if the 374 commission determines that the person willfully failed to file a 375 full and public disclosure of financial interests, the 376 commission shall enter an order recommending that the officer or 377 employee be removed from his or her public office or public 378 employment. The commission shall forward its recommendations as 379 provided in s. 112.324. 380 (10)(7)Each person required to file full and public 381 disclosure of financial interests shall file a final disclosure 382 statement within 60 days after leaving his or her public 383 position for the period between January 1 of the year in which 384 the person leaves and the last day of office or employment, 385 unless within the 60-day period the person takes another public 386 position requiring financial disclosure under s. 8, Art. II of 387 the State Constitution, or is otherwise required to file full 388 and public disclosure for the final disclosure period. The head 389 of the agency of each person required to file full and public 390 disclosure for the final disclosure period shall notify such 391 persons of their obligation to file the final disclosure and may 392 designate a person to be responsible for the notification 393 requirements of this subsection. 394 (11)(a)(8)(a)The commission shall treat an amendment to a 395amendedfull and public disclosure of financial interests which 396 is filed before September 1 of the year in which the disclosure 397 is due as part of the original filing, regardless of whether a 398 complaint has been filed. If a complaint alleges only an 399 immaterial, inconsequential, or de minimis error or omission, 400 the commission may not take any action on the complaint other 401 than notifying the filer of the complaint. The filer must be 402 given 30 days to file an amendment to theamendedfull and 403 public disclosure of financial interests correcting any errors. 404 If the filer does not file an amendment to theamendedfull and 405 public disclosure of financial interests within 30 days after 406 the commission sends notice of the complaint, the commission may 407 continue with proceedings pursuant to s. 112.324. 408 (b) For purposes of the final full and public disclosure of 409 financial interests, the commission shall treat an amendment to 410 a new final full and public disclosure of financial interests as 411 part of the original filing if filed within 60 days after the 412 original filing, regardless of whether a complaint has been 413 filed. If, more than 60 days after a final full and public 414 disclosure of financial interests is filed, a complaint is filed 415 alleging a complete omission of any information required to be 416 disclosed by this section, the commission may immediately follow 417 the complaint procedures in s. 112.324. However, if the 418 complaint alleges an immaterial, inconsequential, or de minimis 419 error or omission, the commission may not take any action on the 420 complaint, other than notifying the filer of the complaint. The 421 filer must be given 30 days to file an amendment to theanew 422 final full and public disclosure of financial interests 423 correcting any errors. If the filer does not file an amendment 424 to theanew final full and public disclosure of financial 425 interests within 30 days after the commission sends notice of 426 the complaint, the commission may continue with proceedings 427 pursuant to s. 112.324. 428 (c) For purposes of this section, an error or omission is 429 immaterial, inconsequential, or de minimis if the original 430 filing provided sufficient information for the public to 431 identify potential conflicts of interest. However, failure to 432 certify completion of annual ethics training required under s. 433 112.3142 does not constitute an immaterial, inconsequential, or 434 de minimis error or omission. 435 (12)(a)(9)(a)An individual required to file a disclosure 436 pursuant to this section may have the disclosure prepared by an 437 attorney in good standing with The Florida Bar or by a certified 438 public accountant licensed under chapter 473. After preparing a 439 disclosure form, the attorney or certified public accountant 440 must sign the form indicating that he or she prepared the form 441 in accordance with this section and the instructions for 442 completing and filing the disclosure forms and that, upon his or 443 her reasonable knowledge and belief, the disclosure is true and 444 correct. If a complaint is filed alleging a failure to disclose 445 information required by this section, the commission shall 446 determine whether the information was disclosed to the attorney 447 or certified public accountant. The failure of the attorney or 448 certified public accountant to accurately transcribe information 449 provided by the individual required to file is not a violation 450 of this section. 451 (b) An elected officer or candidate who chooses to use an 452 attorney or a certified public accountant to prepare his or her 453 disclosure may pay for the services of the attorney or certified 454 public accountant from funds in an office account created 455 pursuant to s. 106.141 or, during a year that the individual 456 qualifies for election to public office, the candidate’s 457 campaign depository pursuant to s. 106.021. 458 (13)(10)The commission shall adopt rules and forms 459 specifying how a person who is required to file full and public 460 disclosure of financial interests may amend his or her 461 disclosure statement to report information that was not included 462 on the form as originally filed. If the amendment is the subject 463 of a complaint filed under this part, the commission and the 464 proper disciplinary official or body shall consider as a 465 mitigating factor when considering appropriate disciplinary 466 action the fact that the amendment was filed before any 467 complaint or other inquiry or proceeding, while recognizing that 468 the public was deprived of access to information to which it was 469 entitled. 470 (14) The provisions of this section constitute a revision 471 to the schedule included in s. 8(i), Art. II of the State 472 Constitution. 473 Section 4. Section 112.3145, Florida Statutes, is amended 474 to read: 475 112.3145 Disclosure of financial interests and clients 476 represented before agencies.— 477 (1) For purposes of this section, unless the context 478 otherwise requires, the term: 479 (a) “Local officer” means: 480 1. Every person who is elected to office in any political 481 subdivision of the state, and every person who is appointed to 482 fill a vacancy for an unexpired term in such an elective office. 483 2. Any appointed member of any of the following boards, 484 councils, commissions, authorities, or other bodies of any 485 county, municipality, school district, independent special 486 district, or other political subdivision of the state: 487 a. The governing body of the political subdivision, if 488 appointed; 489 b. A community college or junior college district board of 490 trustees; 491 c. A board having the power to enforce local code 492 provisions; 493 d. A planning or zoning board, board of adjustment, board 494 of appeals, community redevelopment agency board, or other board 495 having the power to recommend, create, or modify land planning 496 or zoning within the political subdivision, except for citizen 497 advisory committees, technical coordinating committees, and such 498 other groups who only have the power to make recommendations to 499 planning or zoning boards; 500 e. A pension board or retirement board having the power to 501 invest pension or retirement funds or the power to make a 502 binding determination of one’s entitlement to or amount of a 503 pension or other retirement benefit; or 504 f. Any other appointed member of a local government board 505 who is required to file a statement of financial interests by 506 the appointing authority or the enabling legislation, ordinance, 507 or resolution creating the board. 508 3. Any person holding one or more of the following 509 positions: mayor; county or city manager; chief administrative 510 employee of a county, municipality, or other political 511 subdivision; county or municipal attorney; finance director of a 512 county, municipality, or other political subdivision; chief 513 county or municipal building code inspector; county or municipal 514 water resources coordinator; county or municipal pollution 515 control director; county or municipal environmental control 516 director; county or municipal administrator, with power to grant 517 or deny a land development permit; chief of police; fire chief; 518 municipal clerk; district school superintendent; community 519 college president; district medical examiner; or purchasing 520 agent having the authority to make any purchase exceeding the 521 threshold amount provided for in s. 287.017 for CATEGORY TWO 522ONE, on behalf of any political subdivision of the state or any 523 entity thereof. 524 (b) “Specified state employee” means: 525 1. Public counsel created by chapter 350, an assistant 526 state attorney, an assistant public defender, a criminal 527 conflict and civil regional counsel, an assistant criminal 528 conflict and civil regional counsel, a full-time state employee 529 who serves as counsel or assistant counsel to any state agency, 530the Deputy Chief Judge of Compensation Claims, a judge of531compensation claims,an administrative law judge, or a hearing 532 officer. 533 2. Any person employed in the office of the Governor or in 534 the office of any member of the Cabinet if that person is exempt 535 from the Career Service System, except persons employed in 536 clerical, secretarial, or similar positions. 537 3. The State Surgeon General or each appointed secretary, 538 assistant secretary, deputy secretary, executive director, 539 assistant executive director, or deputy executive director of 540 each state department, commission, board, or council; unless 541 otherwise provided, the division director, assistant division 542 director, deputy director, and bureau chief, and assistant543bureau chiefof any state department or division; or any person 544 having the power normally conferred upon such persons, by 545 whatever title. 546 4. The superintendent or institute director of a state 547 mental health institute established for training and research in 548 the mental health field or the warden or director of any major 549 state institution or facility established for corrections, 550 training, treatment, or rehabilitation. 551 5. Business managers, purchasing agents having the power to 552 make any purchase exceeding the threshold amount provided for in 553 s. 287.017 for CATEGORY TWOONE, finance and accounting 554 directors, personnel officers, or grants coordinators for any 555 state agency. 556 6. Any person, other than a legislative assistant exempted 557 by the presiding officer of the house by which the legislative 558 assistant is employed, who is employed in the legislative branch 559 of government, except persons employed in maintenance, clerical, 560 secretarial, or similar positions. 561 7. Each employee of the Commission on Ethics. 562 (c) “State officer” means: 563 1. Any elected public officer, excluding those elected to 564 the United States Senate and House of Representatives, not 565 covered elsewhere in this part and any person who is appointed 566 to fill a vacancy for an unexpired term in such an elective 567 office. 568 2. An appointed member of each board, commission, 569 authority, or council having statewide jurisdiction, excluding a 570 member of an advisory body. 571 3. A member of the Board of Governors of the State 572 University System or a state university board of trustees, the 573 Chancellor and Vice Chancellors of the State University System, 574 and the president of a state university. 575 4. A member of the judicial nominating commission for any 576 district court of appeal or any judicial circuit. 577 (2)(a) A person seeking nomination or election to a state 578 or local elective office shall file a statement of financial 579 interests together with, and at the same time he or she files, 580 qualifying papers. When a candidate has qualified for office 581 prior to the deadline to file an annual statement of financial 582 interests, the statement of financial interests that is filed 583 with the candidate’s qualifying papers shall be deemed to 584 satisfy the annual disclosure requirement of this section. The 585 qualifying officer must record that the statement of financial 586 interests was timely filed. However, if a candidate does not 587 qualify until after the annual statement of financial interests 588 has been filed, the candidate may file a copy of his or her 589 statement with the qualifying officer. 590 (b) Each state or local officer and each specified state 591 employee shall file a statement of financial interests no later 592 than July 1 of each year. Each state officer, local officer, and 593 specified state employee shall file a final statement of 594 financial interests within 60 days after leaving his or her 595 public position for the period between January 1 of the year in 596 which the person leaves and the last day of office or 597 employment, unless within the 60-day period the person takes 598 another public position requiring financial disclosure under 599 this section or s. 8, Art. II of the State Constitution or 600 otherwise is required to file full and public disclosure or a 601 statement of financial interests for the final disclosure 602 period. Each state or local officer who is appointed and each 603 specified state employee who is employed shall file a statement 604 of financial interests within 30 days from the date of 605 appointment or, in the case of a specified state employee, from 606 the date on which the employment begins, except that any person 607 whose appointment is subject to confirmation by the Senate shall 608 file prior to confirmation hearings or within 30 days from the 609 date of appointment, whichever comes first. 610 (c) Beginning January 1, 2023, an incumbent in an elective 611 office or a candidate holding another position subject to an 612 annual filing requirement may submit either a copy of the 613 statement of financial interests filed with the commission, or a 614 verification or receipt of the filing, with the officer before 615 whom he or she qualifies. A candidate not subject to an annual 616 filing requirement does not file with the commission, but may 617 complete and print a statement of financial interests to file 618 with the officer before whom he or she qualifies. 619 (d) State officers and specified state employees shall file 620 their statements of financial interests with the commissionon621Ethics. Local officers shall file their statements of financial 622 interests with the supervisor of elections of the county in 623 which they permanently reside. Local officers who do not 624 permanently reside in any county in the state shall file their 625 statements of financial interests with the supervisor of 626 elections of the county in which their agency maintains its 627 headquarters. Persons seeking to qualify as candidates for local 628 public office shall file their statements of financial interests 629 with the officer before whom they qualify. 630 (e) Beginning January 1, 2023, all statements filed with 631 the commission must be filed electronically through an 632 electronic filing system created and maintained by the 633 commission as provided in s. 112.31446. 634 (3) The statement of financial interests for state 635 officers, specified state employees, local officers, and persons 636 seeking to qualify as candidates for state or local office shall 637 be filed even if the reporting person holds no financial 638 interests requiring disclosure in a particular category, in 639 which case that section of the statement shall be marked “not 640 applicable.” Otherwise, the statement of financial interests 641 mustshallinclude the information under paragraph (a) or 642 paragraph (b). The reporting person shall indicate on the 643 statement whether he or she is using the reporting method under 644 paragraph (a) or paragraph (b). However, beginning January 1, 645 2023, only the reporting method specified under paragraph (b) 646 may be used. The reporting methods are as follows, at the647filer’s option, either: 648 (a)1. All sources of income in excess of 5 percent of the 649 gross income received during the disclosure period by the person 650 in his or her own name or by any other person for his or her use 651 or benefit, excluding public salary. However, this shall not be 652 construed to require disclosure of a business partner’s sources 653 of income. The person reporting shall list such sources in 654 descending order of value with the largest source first; 655 2. All sources of income to a business entity in excess of 656 10 percent of the gross income of a business entity in which the 657 reporting person held a material interest and from which he or 658 she received an amount which was in excess of 10 percent of his 659 or her gross income during the disclosure period and which 660 exceeds $1,500. The period for computing the gross income of the 661 business entity is the fiscal year of the business entity which 662 ended on, or immediately prior to, the end of the disclosure 663 period of the person reporting; 664 3. The location or description of real property in this 665 state, except for residences and vacation homes, owned directly 666 or indirectly by the person reporting, when such person owns in 667 excess of 5 percent of the value of such real property, and a 668 general description of any intangible personal property worth in 669 excess of 10 percent of such person’s total assets. For the 670 purposes of this paragraph, indirect ownership does not include 671 ownership by a spouse or minor child; and 672 4. Every individual liability that equals more than the 673 reporting person’s net worth; or 674 (b)1. All sources of gross income in excess of $2,500 675 received during the disclosure period by the person in his or 676 her own name or by any other person for his or her use or 677 benefit, excluding public salary. However, this shall not be 678 construed to require disclosure of a business partner’s sources 679 of income. The person reporting shall list such sources in 680 descending order of value with the largest source first; 681 2. All sources of income to a business entity in excess of 682 10 percent of the gross income of a business entity in which the 683 reporting person held a material interest and from which he or 684 she received gross income exceeding $5,000 during the disclosure 685 period. The period for computing the gross income of the 686 business entity is the fiscal year of the business entity which 687 ended on, or immediately prior to, the end of the disclosure 688 period of the person reporting; 689 3. The location or description of real property in this 690 state, except for residence and vacation homes, owned directly 691 or indirectly by the person reporting, when such person owns in 692 excess of 5 percent of the value of such real property, and a 693 general description of any intangible personal property worth in 694 excess of $10,000. For the purpose of this paragraph, indirect 695 ownership does not include ownership by a spouse or minor child; 696 and 697 4. Every liability in excess of $10,000. 698 699A person filing a statement of financial interests shall700indicate on the statement whether he or she is using the method701specified in paragraph (a) or paragraph (b).702 (4)(a) Beginning January 1, 2023, a filer may not include 703 in a filing to the commission a federal income tax return, or a 704 copy thereof; a social security number; a bank, mortgage, or 705 brokerage account number; a debit, charge, or credit card 706 number; a personal identification number; or a taxpayer 707 identification number. If a filer includes such information in 708 his or her filing, the information may be made available as part 709 of the official records of the commission available for public 710 inspection and copying unless redaction is requested by the 711 filer. The commission is not liable for the release of social 712 security numbers or bank account, debit, charge, or credit card 713 numbers included in a filing to the commission if the filer has 714 not requested redaction of the information. 715 (b) The commission shall redact a filer’s social security 716 number; bank account number; debit, charge, or credit card 717 number; or any other personal or account information that is 718 legally protected from disclosure under state or federal law 719 upon written notification from the filer of its inadvertent 720 inclusion. Such notice must specify the information 721 inadvertently included and the specific section or sections of 722 the statement in which it was included. 723 (c) The commission must conspicuously post a notice, in 724 substantially the following form, in the instructions for the 725 electronic filing system specifying that: 726 1. Any filer submitting information through the electronic 727 filing system may not include a federal income tax return, or a 728 copy thereof; a social security number; a bank, mortgage, or 729 brokerage account number; a debit, charge, or credit card 730 number; a personal identification number; or a taxpayer 731 identification number in any filing unless required by law. 732 2. Information submitted through the electronic filing 733 system may be open to public inspection and copying. 734 3. Any filer has a right to request the commission to 735 redact from his or her filing any social security number; bank 736 account number; or debit, charge, or credit card number 737 contained in the filing. Such request must be made in writing 738 and delivered to the commission. The request must specify the 739 information to be redacted and the specific section or sections 740 of the disclosure in which it was included. 741 (5)Beginning January 1, 2015,An officer who is required 742 to complete annual ethics training pursuant to s. 112.3142 must 743 certify on his or her statement of financial interests that he 744 or she has completed the required training. 745 (6)(5)Each elected constitutional officer, state officer, 746 local officer, and specified state employee shall file a 747 quarterly report of the names of clients represented for a fee 748 or commission, except for appearances in ministerial matters, 749 before agencies at his or her level of government. For the 750 purposes of this part, agencies of government shall be 751 classified as state-level agencies or agencies below state 752 level. Each local officer shall file such report with the 753 supervisor of elections of the county in which the officer is 754 principally employed or is a resident. Each state officer, 755 elected constitutional officer, and specified state employee 756 shall file such report with the commission. The report shall be 757 filed only when a reportable representation is made during the 758 calendar quarter and shall be filed no later than the last day 759 of each calendar quarter, for the previous calendar quarter. 760 Representation before any agency shall be deemed to include 761 representation by such officer or specified state employee or by 762 any partner or associate of the professional firm of which he or 763 she is a member and of which he or she has actual knowledge. For 764 the purposes of this subsection, the term “representation before 765 any agency” does not include appearances before any court or the 766 Deputy Chief Judge of Compensation Claims or judges of 767 compensation claims or representations on behalf of one’s agency 768 in one’s official capacity. Such term does not include the 769 preparation and filing of forms and applications merely for the 770 purpose of obtaining or transferring a license based on a quota 771 or a franchise of such agency or a license or operation permit 772 to engage in a profession, business, or occupation, so long as 773 the issuance or granting of such license, permit, or transfer 774 does not require substantial discretion, a variance, a special 775 consideration, or a certificate of public convenience and 776 necessity. 777 (7)(6)Each elected constitutional officer and each 778 candidate for such office, any other public officer required 779 pursuant to s. 8, Art. II of the State Constitution to file a 780 full and public disclosure of his or her financial interests, 781 and each state officer, local officer, specified state employee, 782 and candidate for elective public office who is or was during 783 the disclosure period an officer, director, partner, proprietor, 784 or agent, other than a resident agent solely for service of 785 process, of, or owns or owned during the disclosure period a 786 material interest in, any business entity which is granted a 787 privilege to operate in this state shall disclose such facts as 788 a part of the disclosure form filed pursuant to s. 8, Art. II of 789 the State Constitution or this section, as applicable. The 790 statement shall give the name, address, and principal business 791 activity of the business entity and shall state the position 792 held with such business entity or the fact that a material 793 interest is owned and the nature of that interest. 794 (8)(7)Forms for compliance with the disclosure 795 requirements of this section and a current list of persons 796 subject to disclosure shall be created by the commission and 797 provided to each supervisor of elections. The commission and 798 each supervisor of elections shall give notice of disclosure 799 deadlines and delinquencies and distribute forms in the 800 following manner: 801 (a)1. Not later than May 1 of each year, the commission 802 shall prepare a current list of the names, e-mail addresses, and 803 physical addresses of, and the offices or positions held by, 804 every state officer, local officer, and specified employee.In805compiling the list, the commission shall be assisted byEach 806 unit of government shall assist the commission in compiling the 807 list byinproviding to the commission not later than February 1 808 of each year, at the request of the commission,the name, e-mail 809 address, physical address, and name of agency of, and the office 810 or position held by, each state officer, local officer, or 811 specified state employee within the respective unit of 812 government as of December 31 of the preceding year. 813 2. Not later than May 15 of each year, the commission shall 814 provide each supervisor of elections with a currentmailinglist 815 of all local officers required to file with such supervisor of 816 elections. 817 (b) Not later than June 130 days before July 1of each 818 year, the commission and each supervisor of elections, as 819 appropriate, shall distribute30 days after July 1of each 827 year, the commission and each supervisor of elections shall 828 determine which persons required to file a statement of 829 financial interests in their respective offices have failed to 830 do so and shall send delinquency noticesby certified mail,831return receipt requested,to these persons. Each notice must 832shallstate that a grace period is in effect until September 1 833 of the current year; that no investigative or disciplinary 834 action based upon the delinquency will be taken by the agency 835 head or commission if the statement is filed by September 1 of 836 the current year; that, if the statement is not filed by 837 September 1 of the current year, a fine of $25 for each day late 838 will be imposed, up to a maximum penalty of $1,500; for notices 839 distributedsentby a supervisor of elections, that he or she is 840 required by law to notify the commission of the delinquency; and 841 that, if upon the filing of a sworn complaint the commission 842 finds that the person has failed to timely file the statement 843 within 60 days after September 1 of the current year, such 844 person will also be subject to the penalties provided in s. 845 112.317. Beginning January 1, 2023, the notice required under 846 this paragraph must be delivered by e-mail and must be 847 redelivered on a weekly basis so long as a person remains 848 delinquent. 849 (d) No later than November 15 of each year, the supervisor 850 of elections in each county shall certify to the commission a 851 list of the names and addresses of, and the offices or positions 852 held by, all persons who have failed to timely file the required 853 statements of financial interests. The certification must 854 include the earliest of the dates described in subparagraph 855 (g)1.(f)1. The certification shall be on a form prescribed by 856 the commission and shall indicate whether the supervisor of 857 elections has provided the disclosure forms and notice as 858 required by this subsection to all persons named on the 859 delinquency list. 860 (e) Statements must be received by the commissionfilednot 861 later than 5 p.m. of the due date. However, any statement that 862 is postmarked by the United States Postal Service by midnight of 863 the due date is deemed to have been filed in a timely manner, 864 and a certificate of mailing obtained from and dated by the 865 United States Postal Service at the time of the mailing, or a 866 receipt from an established courier company which bears a date 867 on or before the due date, constitutes proof of mailing in a 868 timely manner. Beginning January 1, 2023, upon request of the 869 filer, the commission must provide verification to the filer 870 that the commission has received the filed statement. 871 (f) Beginning January 1, 2023, the statement must be 872 accompanied by a declaration as provided in s. 92.525(2) and an 873 electronic acknowledgment thereof. 874 (g) Any person who is required to file a statement of 875 financial interests and whose name is on the commission’s 876mailinglist, and to whom notice has been sent, but who fails to 877 timely file is assessed a fine of $25 per day for each day late 878 up to a maximum of $1,500; however, this $1,500 limitation on 879 automatic fines does not limit the civil penalty that may be 880 imposed if the statement is filed more than 60 days after the 881 deadline and a complaint is filed, as provided in s. 112.324. 882 The commission must provide by rule the grounds for waiving the 883 fine and procedures by which each person whose name is on the 884mailinglist and who is determined to have not filed in a timely 885 manner will be notified of assessed fines and may appeal. The 886 rule must provide for and make specific the following: 887 1. The amount of the fine due is based upon the earliest of 888 the following: 889 a. When a statement is actually received by the office. 890 b. When the statement is postmarked. 891 c. When the certificate of mailing is dated. 892 d. When the receipt from an established courier company is 893 dated. 894 2. For a specified state employee or a state officer, upon 895 receipt of the disclosure statement by the commission or upon 896 accrual of the maximum penalty, whichever occurs first, and for 897 a local officer upon receipt by the commission of the 898 certification from the local officer’s supervisor of elections 899 pursuant to paragraph (d), the commission shall determine the 900 amount of the fine which is due and shall notify the delinquent 901 person. The notice must include an explanation of the appeal 902 procedure under subparagraph 3. The fine must be paid within 30 903 days after the notice of payment due is transmitted, unless 904 appeal is made to the commission pursuant to subparagraph 3. The 905 moneys are to be deposited into the General Revenue Fund. 906 3. Any reporting person may appeal or dispute a fine, based 907 upon unusual circumstances surrounding the failure to file on 908 the designated due date, and may request and is entitled to a 909 hearing before the commission, which may waive the fine in whole 910 or in part for good cause shown. Any such request must be in 911 writing and received by the commissionmadewithin 30 days after 912 the notice of payment due is transmitted. In such a case, the 913 reporting person must, within the 30-day period, notify the 914 person designated to review the timeliness of reports in writing 915 of his or her intention to bring the matter before the 916 commission. For purposes of this subparagraph, the term “unusual 917 circumstances” does not include the failure to monitor an e-mail 918 account or failure to receive notice if the person has not 919 notified the commission of a change in his or her e-mail 920 address. 921 (h)(g)Any state officer, local officer, or specified 922 employee whose name is not on themailinglist of persons 923 required to file an annual statement of financial interests is 924 not subject to the penalties provided in s. 112.317 or the fine 925 provided in this section for failure to timely file a statement 926 of financial interests in any year in which the omission 927 occurred, but nevertheless is required to file the disclosure 928 statement. 929 (i)(h)The notification requirements and fines of this 930 subsection do not apply to candidates or to the first or final 931 filing required of any state officer, specified employee, or 932 local officer as provided in paragraph (2)(b). 933 (j)(i)Notwithstanding any provision of chapter 120, any 934 fine imposed under this subsection which is not waived by final 935 order of the commission and which remains unpaid more than 60 936 days after the notice of payment due or more than 60 days after 937 the commission renders a final order on the appeal must be 938 submitted to the Department of Financial Services as a claim, 939 debt, or other obligation owed to the state, and the department 940 shall assign the collection of such a fine to a collection agent 941 as provided in s. 17.20. 942 (9)(a)(8)(a)The appointing official or body shall notify 943 each newly appointed local officer, state officer, or specified 944 state employee, not later than the date of appointment, of the 945 officer’s or employee’s duty to comply with the disclosure 946 requirements of this section. The agency head of each employing 947 agency shall notify each newly employed local officer or 948 specified state employee, not later than the day of employment, 949 of the officer’s or employee’s duty to comply with the 950 disclosure requirements of this section. The appointing official 951 or body or employing agency head may designate a person to be 952 responsible for the notification requirements of this paragraph. 953 (b) The agency head of the agency of each local officer, 954 state officer, or specified state employee who is required to 955 file a statement of financial interests for the final disclosure 956 period shall notify such persons of their obligation to file the 957 final disclosure and may designate a person to be responsible 958 for the notification requirements of this paragraph. 959 (c) If a person holding public office or public employment 960 fails or refuses to file an annual statement of financial 961 interests for any year in which the person received notice from 962 the commission regarding the failure to file and has accrued the 963 maximum automatic fine authorized under this section, regardless 964 of whether the fine imposed was paid or collected, the 965 commission shall initiate an investigation and conduct a public 966 hearing without receipt of a complaint to determine whether the 967 person’s failure to file is willful. Such investigation and 968 hearing must be conducted in accordance with s. 112.324. Except 969 as provided in s. 112.324(4), if the commission determines that 970 the person willfully failed to file a statement of financial 971 interests, the commission shall enter an order recommending that 972 the officer or employee be removed from his or her public office 973 or public employment. The commission shall forward its 974 recommendation as provided in s. 112.324. 975 (10)(9)A public officer who has filed a disclosure for any 976 calendar or fiscal year shall not be required to file a second 977 disclosure for the same year or any part thereof, 978 notwithstanding any requirement of this act, except that any 979 public officer who qualifies as a candidate for public office 980 shall file a copy of the disclosure with the officer before whom 981 he or she qualifies as a candidate at the time of qualification. 982 (11)(a)(10)(a)The commission shall treat an amendment to 983 anamendedannual statement of financial interests which is 984 filed before September 1 of the year in which the statement is 985 due as part of the original filing, regardless of whether a 986 complaint has been filed. If a complaint alleges only an 987 immaterial, inconsequential, or de minimis error or omission, 988 the commission may not take any action on the complaint other 989 than notifying the filer of the complaint. The filer must be 990 given 30 days to file an amendment to theamendedstatement of 991 financial interests correcting any errors. If the filer does not 992 file an amendment to theamendedstatement of financial 993 interests within 30 days after the commission sends notice of 994 the complaint, the commission may continue with proceedings 995 pursuant to s. 112.324. 996 (b) For purposes of the final statement of financial 997 interests, the commission shall treat an amendment to anew998 final statement of financial interests as part of the original 999 filing, if filed within 60 days of the original filing 1000 regardless of whether a complaint has been filed. If, more than 1001 60 days after a final statement of financial interests is filed, 1002 a complaint is filed alleging a complete omission of any 1003 information required to be disclosed by this section, the 1004 commission may immediately follow the complaint procedures in s. 1005 112.324. However, if the complaint alleges an immaterial, 1006 inconsequential, or de minimis error or omission, the commission 1007 may not take any action on the complaint other than notifying 1008 the filer of the complaint. The filer must be given 30 days to 1009 file an amendment to thea newfinal statement of financial 1010 interests correcting any errors. If the filer does not file an 1011 amendment to thea newfinal statement of financial interests 1012 within 30 days after the commission sends notice of the 1013 complaint, the commission may continue with proceedings pursuant 1014 to s. 112.324. 1015 (c) For purposes of this section, an error or omission is 1016 immaterial, inconsequential, or de minimis if the original 1017 filing provided sufficient information for the public to 1018 identify potential conflicts of interest. However, failure to 1019 certify completion of annual ethics training required under s. 1020 112.3142 does not constitute an immaterial, inconsequential, or 1021 de minimis error or omission. 1022 (12)(a)(11)(a)An individual required to file a statement 1023disclosurepursuant to this section may have the statement 1024disclosureprepared by an attorney in good standing with The 1025 Florida Bar or by a certified public accountant licensed under 1026 chapter 473. After preparing a statementdisclosureform, the 1027 attorney or certified public accountant must sign the form 1028 indicating that he or she prepared the form in accordance with 1029 this section and the instructions for completing and filing the 1030 disclosure forms and that, upon his or her reasonable knowledge 1031 and belief, the disclosure is true and correct. If a complaint 1032 is filed alleging a failure to disclose information required by 1033 this section, the commission shall determine whether the 1034 information was disclosed to the attorney or certified public 1035 accountant. The failure of the attorney or certified public 1036 accountant to accurately transcribe information provided by the 1037 individual who is required to file the statementdisclosuredoes 1038 not constitute a violation of this section. 1039 (b) An elected officer or candidate who chooses to use an 1040 attorney or a certified public accountant to prepare his or her 1041 statementdisclosuremay pay for the services of the attorney or 1042 certified public accountant from funds in an office account 1043 created pursuant to s. 106.141 or, during a year that the 1044 individual qualifies for election to public office, the 1045 candidate’s campaign depository pursuant to s. 106.021. 1046 (13)(12)The commission shall adopt rules and forms 1047 specifying how a state officer, local officer, or specified 1048 state employee may amend his or her statement of financial 1049 interests to report information that was not included on the 1050 form as originally filed. If the amendment is the subject of a 1051 complaint filed under this part, the commission and the proper 1052 disciplinary official or body shall consider as a mitigating 1053 factor when considering appropriate disciplinary action the fact 1054 that the amendment was filed before any complaint or other 1055 inquiry or proceeding, while recognizing that the public was 1056 deprived of access to information to which it was entitled. 1057 Section 5. Section 112.31455, Florida Statutes, is amended 1058 to read: 1059 112.31455 Collection methods for unpaid automatic fines for 1060 failure to timely file disclosure of financial interests.— 1061 (1) Before referring any unpaid fine accrued pursuant to s. 1062 112.3144(8) or s. 112.3145(8)s. 112.3144(5) or s. 112.3145(7)1063 to the Department of Financial Services, the commission shall 1064 attempt to determine whether the individual owing such a fine is 1065 a current public officer or current public employee. If so, the 1066 commission may notify the Chief Financial Officer or the 1067 governing body of the appropriate county, municipality, or 1068 special district of the total amount of any fine owed to the 1069 commission by such individual. 1070 (a) After receipt and verification of the notice from the 1071 commission, the Chief Financial Officer or the governing body of 1072 the county, municipality, or special district shall begin 1073 withholding the lesser of 10 percent or the maximum amount 1074 allowed under federal law from any salary-related payment. The 1075 withheld payments shall be remitted to the commission until the 1076 fine is satisfied. 1077 (b) The Chief Financial Officer or the governing body of 1078 the county, municipality, or special district may retain an 1079 amount of each withheld payment, as provided in s. 77.0305, to 1080 cover the administrative costs incurred under this section. 1081 (2) If the commission determines that the individual who is 1082 the subject of an unpaid fine accrued pursuant to s. 112.3144(8) 1083 or s. 112.3145(8)s. 112.3144(5) or s. 112.3145(7)is no longer 1084 a public officer or public employee or if the commission is 1085 unable to determine whether the individual is a current public 1086 officer or public employee, the commission may, 6 months after 1087 the order becomes final, seek garnishment of any wages to 1088 satisfy the amount of the fine, or any unpaid portion thereof, 1089 pursuant to chapter 77. Upon recording the order imposing the 1090 fine with the clerk of the circuit court, the order shall be 1091 deemed a judgment for purposes of garnishment pursuant to 1092 chapter 77. 1093 (3) The commission may refer unpaid fines to the 1094 appropriate collection agency, as directed by the Chief 1095 Financial Officer, to utilize any collection methods provided by 1096 law. Except as expressly limited by this section, any other 1097 collection methods authorized by law are allowed. 1098 (4) Action may be taken to collect any unpaid fine imposed 1099 by ss. 112.3144 and 112.3145 within 20 years after the date the 1100 final order is rendered. 1101 Section 6. Except as otherwise expressly provided in this 1102 act, this act shall take effect upon becoming a law.