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         112.31446Electronic 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 calendar taxable year,
  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 required for the person or business entity,
  106  whether based on a calendar or fiscal year, immediately
  107  preceding the date on which, or the last day of the period
  108  during which, the financial disclosure statement required by
  109  this 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 prescribed
  172  under 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 $1,000 on forms prescribed under this section for
  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 prescribed created by the
  242  commission on 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. In
  250  compiling the list, the commission shall be assisted by Each
  251  unit of government shall assist the commission in compiling the
  252  list by in providing to the commission not later than February 1
  253  of each year at the request of the commission the name, e-mail
  254  address, physical address, and name of the office held by such
  255  person each public official within the respective unit of
  256  government as of December 31 of the preceding year.
  257         (b) Not later than June 1 30 days before July 1 of each
  258  year, the commission shall distribute mail a copy of the form
  259  prescribed for compliance with full and public disclosure and a
  260  notice of the filing deadline to each person on the mailing
  261  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 1 30 days after July 1 of each
  266  year, the commission shall determine which persons on the
  267  mailing list have failed to file full and public disclosure and
  268  shall send delinquency notices by certified mail to such
  269  persons. Each notice must shall state 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) Disclosures Statements must be received by the
  275  commission filed not later than 5 p.m. of the due date. However,
  276  any disclosure statement that 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’s mailing list, 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 the mailing list 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 commission made within 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
  338  mailing list 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
  395  amended full 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 the amended full and
  403  public disclosure of financial interests correcting any errors.
  404  If the filer does not file an amendment to the amended full 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 the a new
  422  final full and public disclosure of financial interests
  423  correcting any errors. If the filer does not file an amendment
  424  to the a new 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
  522  ONE, 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,
  530  the Deputy Chief Judge of Compensation Claims, a judge of
  531  compensation 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 assistant
  543  bureau chief of 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 TWO ONE, 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 commission on
  621  Ethics. 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  must shall include 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 the
  647  filer’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  
  699  A person filing a statement of financial interests shall
  700  indicate on the statement whether he or she is using the method
  701  specified 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. In
  805  compiling the list, the commission shall be assisted by Each
  806  unit of government shall assist the commission in compiling the
  807  list by in providing 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 current mailing list
  815  of all local officers required to file with such supervisor of
  816  elections.
  817         (b) Not later than June 1 30 days before July 1 of each
  818  year, the commission and each supervisor of elections, as
  819  appropriate, shall distribute mail a copy of the form prescribed
  820  for compliance with subsection (3) and a notice of all
  821  applicable disclosure forms and filing deadlines to each person
  822  required to file a statement of financial interests. Beginning
  823  January 1, 2023, no paper forms will be provided. The notice
  824  required under this paragraph and instructions for electronic
  825  submission must be delivered by e-mail.
  826         (c) Not later than August 1 30 days after July 1 of 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 notices by certified mail,
  831  return receipt requested, to these persons. Each notice must
  832  shall state 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  distributed sent by 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 commission filed not
  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
  876  mailing list, 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
  884  mailing list 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 commission made within 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 the mailing list 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  an amended annual 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 the amended statement of
  991  financial interests correcting any errors. If the filer does not
  992  file an amendment to the amended statement 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 a new
  998  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 the a new final statement of financial
 1010  interests correcting any errors. If the filer does not file an
 1011  amendment to the a new final 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
 1023  disclosure pursuant to this section may have the statement
 1024  disclosure prepared 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 statement disclosure form, 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 statement disclosure does
 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  statement disclosure may 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.

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