Bill Text: FL S7040 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2019 SB 7040
By the Committee on Ethics and Elections
582-02384-19 20197040__
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 minimum
6 requirements for such system; providing duties for
7 units of government, the commission, and persons
8 required to file specified financial disclosure forms;
9 providing for alternative means of filing in the event
10 the electronic filing system is inoperable; amending
11 s. 112.312, F.S.; revising the definition of the term
12 “disclosure period”; amending s. 112.3144, F.S.;
13 requiring the electronic filing of full and public
14 disclosures of financial interests beginning on a
15 specified date; revising requirements with respect to
16 reporting income; prohibiting the commission from
17 requesting, accepting, or retaining certain
18 information; providing for the redaction of protected
19 information if certain conditions are met; modifying
20 requirements regarding preparation of the list of
21 reporting persons; requiring electronic delivery for
22 certain notices; requiring the commission to provide
23 certain verification to a filer upon request;
24 requiring a declaration be submitted with a
25 disclosure; specifying that certain actions do not
26 constitute an unusual circumstance when appealing or
27 disputing a fine; revising a schedule to the State
28 Constitution; amending s. 112.3145, F.S.; revising the
29 definition of the term “specified state employee”;
30 requiring the electronic filing of statements of
31 financial interests beginning on a specified date;
32 modifying the options for reporting thresholds on a
33 statement of financial interests; prohibiting the
34 commission from requesting, accepting, or retaining
35 certain information; providing for the redaction of
36 protected information if certain conditions are met;
37 modifying requirements regarding preparation of the
38 list of reporting persons; requiring electronic
39 delivery for certain notices; requiring the commission
40 to provide certain verification to a filer upon
41 request; requiring a declaration be submitted with a
42 statement; specifying that certain actions do not
43 constitute an unusual circumstance when appealing or
44 disputing a fine; amending s. 112.31455, F.S.;
45 conforming cross-references to changes made by the
46 act; providing effective dates.
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Section 112.31446, Florida Statutes, is created
51 to read:
52 112.31446 Electronic filing system for financial
53 disclosure.—
54 (1) As used in this section, the term:
55 (a) “Disclosure of financial interests” or “disclosure”
56 includes a full and public disclosure of financial interests and
57 a final full and public disclosure of financial interests, and
58 any amendments thereto.
59 (b) “Electronic filing system” means an Internet-based
60 system for receiving, reporting, and publishing disclosures of
61 financial interests, statements of financial interests, or any
62 other form that is required under s. 112.3144 or s. 112.3145.
63 (c) “Statement of financial interests” or “statement”
64 includes a statement of financial interests and a final
65 statement of financial interests, and any amendments thereto.
66 (2) By January 1, 2022, the commission shall procure and
67 test an electronic filing system. At a minimum, the electronic
68 filing system must:
69 (a) Provide access through the Internet for the completion
70 and submission of disclosures of financial interests, statements
71 of financial interests, or any other form that is required under
72 s. 112.3144 or s. 112.3145.
73 (b) Upload submitted information to the commission using
74 software that is approved by the commission.
75 (c) Allow for a procedure to make filings available in a
76 searchable format that is accessible by an individual using
77 standard Internet-browsing software.
78 (d) Issue a verification or receipt that the commission has
79 received the submitted disclosure or statement.
80 (e) Provide security that prevents unauthorized access to
81 the electronic filing system’s functions or data.
82 (f) Provide a method for an attorney or a certified public
83 accountant licensed in this state to complete the disclosure or
84 statement and certify that he or she prepared the disclosure or
85 statement in accordance with s. 112.3144 or s. 112.3145 and the
86 instructions for completing the disclosure or statement, and
87 that, upon his or her reasonable knowledge and belief, the
88 information on the disclosure or statement is true and correct.
89 (3) Each unit of government shall provide an e-mail address
90 to any of its officers, members, or employees who must file a
91 disclosure of financial interests or a statement of financial
92 interests, and provide such e-mail addresses to the commission
93 by February 1 of each year. A person required to file a
94 disclosure of financial interests or statement of financial
95 interests must inform the commission immediately of any change
96 in his or her e-mail address.
97 (4) The commission shall provide each person required to
98 file a disclosure of financial interests or statement of
99 financial interests a secure log-in to the electronic filing
100 system. Such person is responsible for protecting his or her
101 secure log-in credentials from disclosure and is responsible for
102 all filings submitted to the commission with such credentials,
103 unless the person has notified the commission that his or her
104 credentials have been compromised.
105 (5) If the Governor declares the electronic filing system
106 to be inoperable, the commission must accept submissions of
107 disclosures of financial interests or statements of financial
108 interests required under s. 112.3144 or s. 112.3145,
109 respectively, through other methods as specified by order of the
110 Governor.
111 Section 2. Effective January 1, 2020, subsection (10) of
112 section 112.312, Florida Statutes, is amended to read:
113 112.312 Definitions.—As used in this part and for purposes
114 of the provisions of s. 8, Art. II of the State Constitution,
115 unless the context otherwise requires:
116 (10) “Disclosure period” means the calendar taxable year,
117 if disclosure is required for the entire year, or the portion of
118 a calendar year ending with the last day of the period for which
119 disclosure is required for the person or business entity,
120 whether based on a calendar or fiscal year, immediately
121 preceding the date on which, or the last day of the period
122 during which, the financial disclosure statement required by
123 this part is required to be filed.
124 Section 3. Section 112.3144, Florida Statutes, is amended
125 to read:
126 112.3144 Full and public disclosure of financial
127 interests.—
128 (1) An officer who is required by s. 8, Art. II of the
129 State Constitution to file a full and public disclosure of his
130 or her financial interests for any calendar or fiscal year, or
131 any other person required by law to file a disclosure under this
132 section, shall file that disclosure with the Florida Commission
133 on Ethics. Additionally, beginning January 1, 2015, an officer
134 who is required to complete annual ethics training pursuant to
135 s. 112.3142 must certify on his or her full and public
136 disclosure of financial interests that he or she has completed
137 the required training.
138 (2) Beginning January 1, 2022, a full and public disclosure
139 of financial interests and a final full and public disclosure of
140 financial interests, and amendments thereto, or any other form
141 required by this section, must be filed electronically through
142 an electronic filing system created and maintained by the
143 commission as provided in s. 112.31446.
144 (3) A person who is required, pursuant to s. 8, Art. II of
145 the State Constitution, to file a full and public disclosure of
146 financial interests and who has filed a full and public
147 disclosure of financial interests for any calendar or fiscal
148 year shall not be required to file a statement of financial
149 interests pursuant to s. 112.3145(2) and (3) for the same year
150 or for any part thereof notwithstanding any requirement of this
151 part. Until the electronic filing system required by subsection
152 (2) is implemented, if an incumbent in an elective office has
153 filed the full and public disclosure of financial interests to
154 qualify for election to the same office or if a candidate for
155 office holds another office subject to the annual filing
156 requirement, the qualifying officer shall forward an electronic
157 copy of the full and public disclosure of financial interests to
158 the commission no later than July 1. The electronic copy of the
159 full and public disclosure of financial interests satisfies the
160 annual disclosure requirement of this section. A candidate who
161 does not qualify until after the annual full and public
162 disclosure of financial interests has been filed pursuant to
163 this section shall file a copy of his or her disclosure with the
164 officer before whom he or she qualifies.
165 (4)(3) For purposes of full and public disclosure under s.
166 8(a), Art. II of the State Constitution, the following items, if
167 not held for investment purposes and if valued at over $1,000 in
168 the aggregate, may be reported in a lump sum and identified as
169 “household goods and personal effects”:
170 (a) Jewelry;
171 (b) Collections of stamps, guns, and numismatic properties;
172 (c) Art objects;
173 (d) Household equipment and furnishings;
174 (e) Clothing;
175 (f) Other household items; and
176 (g) Vehicles for personal use.
177 (5)(a)(4)(a) With respect to reporting, on forms prescribed
178 under this section, assets valued in excess of $1,000 which the
179 reporting individual holds jointly with another person, the
180 amount reported shall be based on the reporting individual’s
181 legal percentage of ownership in the property. However, assets
182 that are held jointly, with right of survivorship, must be
183 reported at 100 percent of the value of the asset. For purposes
184 of this subsection, a reporting individual is deemed to own a
185 percentage of a partnership which is equal to the reporting
186 individual’s interest in the capital or equity of the
187 partnership.
188 (b)1. With respect to reporting, on forms prescribed under
189 this section, liabilities valued in excess of $1,000 on forms
190 prescribed under this section for which the reporting individual
191 is jointly and severally liable, the amount reported shall be
192 based on the reporting individual’s percentage of liability
193 rather than the total amount of the liability. However,
194 liability for a debt that is secured by property owned by the
195 reporting individual but that is held jointly, with right of
196 survivorship, must be reported at 100 percent of the total
197 amount owed.
198 2. A separate section of the form shall be created to
199 provide for the reporting of the amounts of joint and several
200 liability of the reporting individual not otherwise reported in
201 subparagraph 1.
202 (c) With respect to reporting income, on forms prescribed
203 under this section, each separate source and amount of income
204 which exceeds $1,000 must be identified. For purposes of
205 reporting income, a person required to file a full and public
206 disclosure of financial interests may not provide, and the
207 commission may not accept, a federal income tax return or a copy
208 thereof.
209 (6) The commission may not request, and a public officer,
210 candidate, or any other person may not provide, in any filing or
211 submission, a federal income tax return or a copy thereof; a
212 social security number; a bank, mortgage, or brokerage account
213 number; a debit, charge, or credit card number; a personal
214 identification number; a taxpayer identification number; or any
215 other personal or account information that is legally protected
216 from disclosure under state or federal law. Once the electronic
217 filing system is implemented, if a public officer, candidate, or
218 other person voluntarily provides such information, the
219 information is not subject to any confidentiality or public
220 records exemptions found in s. 119.071. The commission shall
221 redact a filer’s social security number; bank, mortgage, or
222 brokerage account number; debit, charge, or credit card number;
223 or any other personal or account information that is legally
224 protected from disclosure under state or federal law upon
225 written notification from the filer of its inadvertent
226 inclusion. Such notice must specify the information
227 inadvertently included and the specific section or sections of
228 the disclosure in which it was included.
229 (7)(5) Until the electronic filing system required by
230 subsection (2) is implemented, forms for compliance with the
231 full and public disclosure requirements of s. 8, Art. II of the
232 State Constitution shall be prescribed created by the commission
233 on Ethics. The commission shall give notice of disclosure
234 deadlines and delinquencies and distribute forms in the
235 following manner:
236 (a) Not later than May 1 of each year, the commission shall
237 prepare a current list of the names, e-mail addresses, and
238 physical addresses of and the offices held by every person
239 required to file full and public disclosure annually by s. 8,
240 Art. II of the State Constitution, or other state law. In
241 compiling the list, the commission shall be assisted by Each
242 unit of government shall assist the commission in compiling the
243 list by in providing to the commission not later than February 1
244 of each year at the request of the commission the name, e-mail
245 address, physical address, and name of the office held by such
246 person each public official within the respective unit of
247 government as of December 31 of the preceding year.
248 (b) Not later than June 1 30 days before July 1 of each
249 year, the commission shall distribute mail a copy of the form
250 prescribed for compliance with full and public disclosure and a
251 notice of the filing deadline to each person on the mailing
252 list. Beginning January 1, 2022, notice required under this
253 paragraph must be delivered by e-mail or other electronic means.
254 (c) Not later than August 1 30 days after July 1 of each
255 year, the commission shall determine which persons on the
256 mailing list have failed to file full and public disclosure and
257 shall send delinquency notices by certified mail to such
258 persons. Each notice must shall state that a grace period is in
259 effect until September 1 of the current year. Beginning January
260 1, 2022, notice required under this paragraph must be delivered
261 by e-mail or other electronic means and must be redelivered on a
262 weekly basis so long as a person remains delinquent.
263 (d) Disclosures Statements must be received by the
264 commission filed not later than 5 p.m. of the due date. However,
265 any disclosure statement that is postmarked by the United States
266 Postal Service by midnight of the due date is deemed to have
267 been filed in a timely manner, and a certificate of mailing
268 obtained from and dated by the United States Postal Service at
269 the time of the mailing, or a receipt from an established
270 courier company which bears a date on or before the due date,
271 constitutes proof of mailing in a timely manner. Beginning
272 January 1, 2022, upon request of the filer, the commission must
273 provide verification to the filer that the commission has
274 received the submitted disclosure.
275 (e) Beginning January 1, 2022, a written declaration, as
276 provided for under s. 92.525(2), accompanied by an electronic
277 signature satisfies the requirement that the disclosure be
278 sworn.
279 (f) Any person who is required to file full and public
280 disclosure of financial interests and whose name is on the
281 commission’s mailing list, and to whom notice has been sent, but
282 who fails to timely file is assessed a fine of $25 per day for
283 each day late up to a maximum of $1,500; however this $1,500
284 limitation on automatic fines does not limit the civil penalty
285 that may be imposed if the statement is filed more than 60 days
286 after the deadline and a complaint is filed, as provided in s.
287 112.324. The commission must provide by rule the grounds for
288 waiving the fine and the procedures by which each person whose
289 name is on the mailing list and who is determined to have not
290 filed in a timely manner will be notified of assessed fines and
291 may appeal. The rule must provide for and make specific the
292 following:
293 1. The amount of the fine due is based upon the earliest of
294 the following:
295 a. When a statement is actually received by the office.
296 b. When the statement is postmarked.
297 c. When the certificate of mailing is dated.
298 d. When the receipt from an established courier company is
299 dated.
300 2. Upon receipt of the disclosure statement or upon accrual
301 of the maximum penalty, whichever occurs first, the commission
302 shall determine the amount of the fine which is due and shall
303 notify the delinquent person. The notice must include an
304 explanation of the appeal procedure under subparagraph 3. Such
305 fine must be paid within 30 days after the notice of payment due
306 is transmitted, unless appeal is made to the commission pursuant
307 to subparagraph 3. The moneys shall be deposited into the
308 General Revenue Fund.
309 3. Any reporting person may appeal or dispute a fine, based
310 upon unusual circumstances surrounding the failure to file on
311 the designated due date, and may request and is entitled to a
312 hearing before the commission, which may waive the fine in whole
313 or in part for good cause shown. Any such request must be in
314 writing and received by the commission made within 30 days after
315 the notice of payment due is transmitted. In such a case, the
316 reporting person must, within the 30-day period, notify the
317 person designated to review the timeliness of reports in writing
318 of his or her intention to bring the matter before the
319 commission. For purposes of this subparagraph, the term “unusual
320 circumstances” does not include the failure to monitor an e-mail
321 account or failure to receive notice if the person has not
322 notified the commission of a change in his or her e-mail
323 address.
324 (g)(f) Any person subject to the annual filing of full and
325 public disclosure under s. 8, Art. II of the State Constitution,
326 or other state law, whose name is not on the commission’s
327 mailing list of persons required to file full and public
328 disclosure is not subject to the fines or penalties provided in
329 this part for failure to file full and public disclosure in any
330 year in which the omission occurred, but nevertheless is
331 required to file the disclosure statement.
332 (h)(g) The notification requirements and fines of this
333 subsection do not apply to candidates or to the first filing
334 required of any person appointed to elective constitutional
335 office or other position required to file full and public
336 disclosure, unless the person’s name is on the commission’s
337 notification list and the person received notification from the
338 commission. The appointing official shall notify such newly
339 appointed person of the obligation to file full and public
340 disclosure by July 1. The notification requirements and fines of
341 this subsection do not apply to the final filing provided for in
342 subsection (9) (7).
343 (i)(h) Notwithstanding any provision of chapter 120, any
344 fine imposed under this subsection which is not waived by final
345 order of the commission and which remains unpaid more than 60
346 days after the notice of payment due or more than 60 days after
347 the commission renders a final order on the appeal must be
348 submitted to the Department of Financial Services as a claim,
349 debt, or other obligation owed to the state, and the department
350 shall assign the collection of such fine to a collection agent
351 as provided in s. 17.20.
352 (8)(6) If a person holding public office or public
353 employment fails or refuses to file a full and public disclosure
354 of financial interests for any year in which the person received
355 notice from the commission regarding the failure to file and has
356 accrued the maximum automatic fine authorized under this
357 section, regardless of whether the fine imposed was paid or
358 collected, the commission shall initiate an investigation and
359 conduct a public hearing without receipt of a complaint to
360 determine whether the person’s failure to file is willful. Such
361 investigation and hearing must be conducted in accordance with
362 s. 112.324. Except as provided in s. 112.324(4), if the
363 commission determines that the person willfully failed to file a
364 full and public disclosure of financial interests, the
365 commission shall enter an order recommending that the officer or
366 employee be removed from his or her public office or public
367 employment. The commission shall forward its recommendations as
368 provided in s. 112.324.
369 (9)(7) Each person required to file full and public
370 disclosure of financial interests shall file a final disclosure
371 statement within 60 days after leaving his or her public
372 position for the period between January 1 of the year in which
373 the person leaves and the last day of office or employment,
374 unless within the 60-day period the person takes another public
375 position requiring financial disclosure under s. 8, Art. II of
376 the State Constitution, or is otherwise required to file full
377 and public disclosure for the final disclosure period. The head
378 of the agency of each person required to file full and public
379 disclosure for the final disclosure period shall notify such
380 persons of their obligation to file the final disclosure and may
381 designate a person to be responsible for the notification
382 requirements of this subsection.
383 (10)(a)(8)(a) The commission shall treat an amendment to a
384 amended full and public disclosure of financial interests which
385 is filed before September 1 of the year in which the disclosure
386 is due as part of the original filing, regardless of whether a
387 complaint has been filed. If a complaint alleges only an
388 immaterial, inconsequential, or de minimis error or omission,
389 the commission may not take any action on the complaint other
390 than notifying the filer of the complaint. The filer must be
391 given 30 days to file an amendment to the amended full and
392 public disclosure of financial interests correcting any errors.
393 If the filer does not file an amendment to the amended full and
394 public disclosure of financial interests within 30 days after
395 the commission sends notice of the complaint, the commission may
396 continue with proceedings pursuant to s. 112.324.
397 (b) For purposes of the final full and public disclosure of
398 financial interests, the commission shall treat an amendment to
399 a new final full and public disclosure of financial interests as
400 part of the original filing if filed within 60 days after the
401 original filing, regardless of whether a complaint has been
402 filed. If, more than 60 days after a final full and public
403 disclosure of financial interests is filed, a complaint is filed
404 alleging a complete omission of any information required to be
405 disclosed by this section, the commission may immediately follow
406 the complaint procedures in s. 112.324. However, if the
407 complaint alleges an immaterial, inconsequential, or de minimis
408 error or omission, the commission may not take any action on the
409 complaint, other than notifying the filer of the complaint. The
410 filer must be given 30 days to file an amendment to the a new
411 final full and public disclosure of financial interests
412 correcting any errors. If the filer does not file an amendment
413 to the a new final full and public disclosure of financial
414 interests within 30 days after the commission sends notice of
415 the complaint, the commission may continue with proceedings
416 pursuant to s. 112.324.
417 (c) For purposes of this section, an error or omission is
418 immaterial, inconsequential, or de minimis if the original
419 filing provided sufficient information for the public to
420 identify potential conflicts of interest. However, failure to
421 certify completion of annual ethics training required under s.
422 112.3142 does not constitute an immaterial, inconsequential, or
423 de minimis error or omission.
424 (11)(a)(9)(a) An individual required to file a disclosure
425 pursuant to this section may have the disclosure prepared by an
426 attorney in good standing with The Florida Bar or by a certified
427 public accountant licensed under chapter 473. After preparing a
428 disclosure form, the attorney or certified public accountant
429 must sign the form indicating that he or she prepared the form
430 in accordance with this section and the instructions for
431 completing and filing the disclosure forms and that, upon his or
432 her reasonable knowledge and belief, the disclosure is true and
433 correct. If a complaint is filed alleging a failure to disclose
434 information required by this section, the commission shall
435 determine whether the information was disclosed to the attorney
436 or certified public accountant. The failure of the attorney or
437 certified public accountant to accurately transcribe information
438 provided by the individual required to file is not a violation
439 of this section.
440 (b) An elected officer or candidate who chooses to use an
441 attorney or a certified public accountant to prepare his or her
442 disclosure may pay for the services of the attorney or certified
443 public accountant from funds in an office account created
444 pursuant to s. 106.141 or, during a year that the individual
445 qualifies for election to public office, the candidate’s
446 campaign depository pursuant to s. 106.021.
447 (12)(10) The commission shall adopt rules and forms
448 specifying how a person who is required to file full and public
449 disclosure of financial interests may amend his or her
450 disclosure statement to report information that was not included
451 on the form as originally filed. If the amendment is the subject
452 of a complaint filed under this part, the commission and the
453 proper disciplinary official or body shall consider as a
454 mitigating factor when considering appropriate disciplinary
455 action the fact that the amendment was filed before any
456 complaint or other inquiry or proceeding, while recognizing that
457 the public was deprived of access to information to which it was
458 entitled.
459 (13) The provisions of this section constitute a revision
460 to the schedule included in s. 8(i), Art. II of the State
461 Constitution.
462 Section 4. Section 112.3145, Florida Statutes, is amended
463 to read:
464 112.3145 Disclosure of financial interests and clients
465 represented before agencies.—
466 (1) For purposes of this section, unless the context
467 otherwise requires, the term:
468 (a) “Local officer” means:
469 1. Every person who is elected to office in any political
470 subdivision of the state, and every person who is appointed to
471 fill a vacancy for an unexpired term in such an elective office.
472 2. Any appointed member of any of the following boards,
473 councils, commissions, authorities, or other bodies of any
474 county, municipality, school district, independent special
475 district, or other political subdivision of the state:
476 a. The governing body of the political subdivision, if
477 appointed;
478 b. A community college or junior college district board of
479 trustees;
480 c. A board having the power to enforce local code
481 provisions;
482 d. A planning or zoning board, board of adjustment, board
483 of appeals, community redevelopment agency board, or other board
484 having the power to recommend, create, or modify land planning
485 or zoning within the political subdivision, except for citizen
486 advisory committees, technical coordinating committees, and such
487 other groups who only have the power to make recommendations to
488 planning or zoning boards;
489 e. A pension board or retirement board having the power to
490 invest pension or retirement funds or the power to make a
491 binding determination of one’s entitlement to or amount of a
492 pension or other retirement benefit; or
493 f. Any other appointed member of a local government board
494 who is required to file a statement of financial interests by
495 the appointing authority or the enabling legislation, ordinance,
496 or resolution creating the board.
497 3. Any person holding one or more of the following
498 positions: mayor; county or city manager; chief administrative
499 employee of a county, municipality, or other political
500 subdivision; county or municipal attorney; finance director of a
501 county, municipality, or other political subdivision; chief
502 county or municipal building code inspector; county or municipal
503 water resources coordinator; county or municipal pollution
504 control director; county or municipal environmental control
505 director; county or municipal administrator, with power to grant
506 or deny a land development permit; chief of police; fire chief;
507 municipal clerk; district school superintendent; community
508 college president; district medical examiner; or purchasing
509 agent having the authority to make any purchase exceeding the
510 threshold amount provided for in s. 287.017 for CATEGORY TWO
511 ONE, on behalf of any political subdivision of the state or any
512 entity thereof.
513 (b) “Specified state employee” means:
514 1. Public counsel created by chapter 350, an assistant
515 state attorney, an assistant public defender, a criminal
516 conflict and civil regional counsel, an assistant criminal
517 conflict and civil regional counsel, a full-time state employee
518 who serves as counsel or assistant counsel to any state agency,
519 the Deputy Chief Judge of Compensation Claims, a judge of
520 compensation claims, an administrative law judge, or a hearing
521 officer.
522 2. Any person employed in the office of the Governor or in
523 the office of any member of the Cabinet if that person is exempt
524 from the Career Service System, except persons employed in
525 clerical, secretarial, or similar positions.
526 3. The State Surgeon General or each appointed secretary,
527 assistant secretary, deputy secretary, executive director,
528 assistant executive director, or deputy executive director of
529 each state department, commission, board, or council; unless
530 otherwise provided, the division director, assistant division
531 director, deputy director, and bureau chief, and assistant
532 bureau chief of any state department or division; or any person
533 having the power normally conferred upon such persons, by
534 whatever title.
535 4. The superintendent or institute director of a state
536 mental health institute established for training and research in
537 the mental health field or the warden or director of any major
538 state institution or facility established for corrections,
539 training, treatment, or rehabilitation.
540 5. Business managers, purchasing agents having the power to
541 make any purchase exceeding the threshold amount provided for in
542 s. 287.017 for CATEGORY TWO ONE, finance and accounting
543 directors, personnel officers, or grants coordinators for any
544 state agency.
545 6. Any person, other than a legislative assistant exempted
546 by the presiding officer of the house by which the legislative
547 assistant is employed, who is employed in the legislative branch
548 of government, except persons employed in maintenance, clerical,
549 secretarial, or similar positions.
550 7. Each employee of the Commission on Ethics.
551 (c) “State officer” means:
552 1. Any elected public officer, excluding those elected to
553 the United States Senate and House of Representatives, not
554 covered elsewhere in this part and any person who is appointed
555 to fill a vacancy for an unexpired term in such an elective
556 office.
557 2. An appointed member of each board, commission,
558 authority, or council having statewide jurisdiction, excluding a
559 member of an advisory body.
560 3. A member of the Board of Governors of the State
561 University System or a state university board of trustees, the
562 Chancellor and Vice Chancellors of the State University System,
563 and the president of a state university.
564 4. A member of the judicial nominating commission for any
565 district court of appeal or any judicial circuit.
566 (2)(a) A person seeking nomination or election to a state
567 or local elective office shall file a statement of financial
568 interests together with, and at the same time he or she files,
569 qualifying papers. Until the electronic filing system is
570 implemented under paragraph (d), when a candidate has qualified
571 for office prior to the deadline to file an annual statement of
572 financial interests, the statement of financial interests that
573 is filed with the candidate’s qualifying papers shall be deemed
574 to satisfy the annual disclosure requirement of this section.
575 The qualifying officer must record that the statement of
576 financial interests was timely filed. However, if a candidate
577 does not qualify until after the annual statement of financial
578 interests has been filed, the candidate may file a copy of his
579 or her statement with the qualifying officer.
580 (b) Each state or local officer and each specified state
581 employee shall file a statement of financial interests no later
582 than July 1 of each year. Each state officer, local officer, and
583 specified state employee shall file a final statement of
584 financial interests within 60 days after leaving his or her
585 public position for the period between January 1 of the year in
586 which the person leaves and the last day of office or
587 employment, unless within the 60-day period the person takes
588 another public position requiring financial disclosure under
589 this section or s. 8, Art. II of the State Constitution or
590 otherwise is required to file full and public disclosure or a
591 statement of financial interests for the final disclosure
592 period. Each state or local officer who is appointed and each
593 specified state employee who is employed shall file a statement
594 of financial interests within 30 days from the date of
595 appointment or, in the case of a specified state employee, from
596 the date on which the employment begins, except that any person
597 whose appointment is subject to confirmation by the Senate shall
598 file prior to confirmation hearings or within 30 days from the
599 date of appointment, whichever comes first.
600 (c) State officers and specified state employees shall file
601 their statements of financial interests with the commission on
602 Ethics. Local officers shall file their statements of financial
603 interests with the supervisor of elections of the county in
604 which they permanently reside. Local officers who do not
605 permanently reside in any county in the state shall file their
606 statements of financial interests with the supervisor of
607 elections of the county in which their agency maintains its
608 headquarters. Persons seeking to qualify as candidates for local
609 public office shall file their statements of financial interests
610 with the officer before whom they qualify.
611 (d) Beginning January 1, 2023, a statement of financial
612 interests and a final statement of financial interests, and
613 amendments thereto, or any other form required by this section,
614 must be filed electronically through an electronic filing system
615 created and maintained by the commission as provided in s.
616 112.31446.
617 (3) The statement of financial interests for state
618 officers, specified state employees, local officers, and persons
619 seeking to qualify as candidates for state or local office shall
620 be filed even if the reporting person holds no financial
621 interests requiring disclosure in a particular category, in
622 which case that section of the statement shall be marked “not
623 applicable.” Otherwise, the statement of financial interests
624 must shall include the information under paragraph (a) or
625 paragraph (b). The reporting person shall indicate on the
626 statement whether he or she is using the reporting method under
627 paragraph (a) or paragraph (b). However, beginning January 1,
628 2023, only the reporting method specified under paragraph (b)
629 may be used. , at the filer’s option, either:
630 (a) 1. All sources of income in excess of 5 percent of the
631 gross income received during the disclosure period by the person
632 in his or her own name or by any other person for his or her use
633 or benefit, excluding public salary. However, this shall not be
634 construed to require disclosure of a business partner’s sources
635 of income. The person reporting shall list such sources in
636 descending order of value with the largest source first;
637 2. All sources of income to a business entity in excess of
638 10 percent of the gross income of a business entity in which the
639 reporting person held a material interest and from which he or
640 she received an amount which was in excess of 10 percent of his
641 or her gross income during the disclosure period and which
642 exceeds $1,500. The period for computing the gross income of the
643 business entity is the fiscal year of the business entity which
644 ended on, or immediately prior to, the end of the disclosure
645 period of the person reporting;
646 3. The location or description of real property in this
647 state, except for residences and vacation homes, owned directly
648 or indirectly by the person reporting, when such person owns in
649 excess of 5 percent of the value of such real property, and a
650 general description of any intangible personal property worth in
651 excess of 10 percent of such person’s total assets. For the
652 purposes of this paragraph, indirect ownership does not include
653 ownership by a spouse or minor child; and
654 4. Every individual liability that equals more than the
655 reporting person’s net worth; or
656 (b)1. All sources of gross income in excess of $2,500
657 received during the disclosure period by the person in his or
658 her own name or by any other person for his or her use or
659 benefit, excluding public salary. However, this shall not be
660 construed to require disclosure of a business partner’s sources
661 of income. The person reporting shall list such sources in
662 descending order of value with the largest source first;
663 2. All sources of income to a business entity in excess of
664 10 percent of the gross income of a business entity in which the
665 reporting person held a material interest and from which he or
666 she received gross income exceeding $5,000 during the disclosure
667 period. The period for computing the gross income of the
668 business entity is the fiscal year of the business entity which
669 ended on, or immediately prior to, the end of the disclosure
670 period of the person reporting;
671 3. The location or description of real property in this
672 state, except for residence and vacation homes, owned directly
673 or indirectly by the person reporting, when such person owns in
674 excess of 5 percent of the value of such real property, and a
675 general description of any intangible personal property worth in
676 excess of $10,000. For the purpose of this paragraph, indirect
677 ownership does not include ownership by a spouse or minor child;
678 and
679 4. Every liability in excess of $10,000.
680
681 A person filing a statement of financial interests shall
682 indicate on the statement whether he or she is using the method
683 specified in paragraph (a) or paragraph (b).
684 (4) The commission may not request, and a local or state
685 officer or specified state employee may not provide, in any
686 filing or submission, a federal income tax return or a copy
687 thereof; a social security number; a bank, mortgage, or
688 brokerage account number; a debit, charge, or credit card
689 number; a personal identification number; a taxpayer
690 identification number; or any other personal or account
691 information that is legally protected from disclosure under
692 state or federal law. Once the electronic filing system is
693 implemented, if a public officer, candidate, or other person
694 voluntarily provides such information, the information is not
695 subject to any confidentiality or public records exemptions
696 found in s. 119.071. The commission shall redact a filer’s
697 social security number; bank, mortgage, or brokerage account
698 number; debit, charge, or credit card number; or any other
699 personal or account information that is legally protected from
700 disclosure under state or federal law upon written notification
701 from the filer of its inadvertent inclusion. Such notice must
702 specify the information inadvertently included and the specific
703 section or sections of the disclosure in which it was included.
704 (5) Beginning January 1, 2015, An officer who is required
705 to complete annual ethics training pursuant to s. 112.3142 must
706 certify on his or her statement of financial interests that he
707 or she has completed the required training.
708 (6)(5) Each elected constitutional officer, state officer,
709 local officer, and specified state employee shall file a
710 quarterly report of the names of clients represented for a fee
711 or commission, except for appearances in ministerial matters,
712 before agencies at his or her level of government. For the
713 purposes of this part, agencies of government shall be
714 classified as state-level agencies or agencies below state
715 level. Each local officer shall file such report with the
716 supervisor of elections of the county in which the officer is
717 principally employed or is a resident. Each state officer,
718 elected constitutional officer, and specified state employee
719 shall file such report with the commission. The report shall be
720 filed only when a reportable representation is made during the
721 calendar quarter and shall be filed no later than the last day
722 of each calendar quarter, for the previous calendar quarter.
723 Representation before any agency shall be deemed to include
724 representation by such officer or specified state employee or by
725 any partner or associate of the professional firm of which he or
726 she is a member and of which he or she has actual knowledge. For
727 the purposes of this subsection, the term “representation before
728 any agency” does not include appearances before any court or the
729 Deputy Chief Judge of Compensation Claims or judges of
730 compensation claims or representations on behalf of one’s agency
731 in one’s official capacity. Such term does not include the
732 preparation and filing of forms and applications merely for the
733 purpose of obtaining or transferring a license based on a quota
734 or a franchise of such agency or a license or operation permit
735 to engage in a profession, business, or occupation, so long as
736 the issuance or granting of such license, permit, or transfer
737 does not require substantial discretion, a variance, a special
738 consideration, or a certificate of public convenience and
739 necessity.
740 (7)(6) Each elected constitutional officer and each
741 candidate for such office, any other public officer required
742 pursuant to s. 8, Art. II of the State Constitution to file a
743 full and public disclosure of his or her financial interests,
744 and each state officer, local officer, specified state employee,
745 and candidate for elective public office who is or was during
746 the disclosure period an officer, director, partner, proprietor,
747 or agent, other than a resident agent solely for service of
748 process, of, or owns or owned during the disclosure period a
749 material interest in, any business entity which is granted a
750 privilege to operate in this state shall disclose such facts as
751 a part of the disclosure form filed pursuant to s. 8, Art. II of
752 the State Constitution or this section, as applicable. The
753 statement shall give the name, address, and principal business
754 activity of the business entity and shall state the position
755 held with such business entity or the fact that a material
756 interest is owned and the nature of that interest.
757 (8)(7) Forms for compliance with the disclosure
758 requirements of this section and a current list of persons
759 subject to disclosure shall be created by the commission and
760 provided to each supervisor of elections. The commission and
761 each supervisor of elections shall give notice of disclosure
762 deadlines and delinquencies and distribute forms in the
763 following manner:
764 (a)1. Not later than May 1 of each year, the commission
765 shall prepare a current list of the names, e-mail addresses, and
766 physical addresses of, and the offices or positions held by,
767 every state officer, local officer, and specified employee. In
768 compiling the list, the commission shall be assisted by Each
769 unit of government shall assist the commission in compiling the
770 list by in providing to the commission not later than February 1
771 of each year , at the request of the commission, the name, e
772 mail address, physical address, and name of agency of, and the
773 office or position held by, each state officer, local officer,
774 or specified state employee within the respective unit of
775 government as of December 31 of the preceding year.
776 2. Not later than May 15 of each year, the commission shall
777 provide each supervisor of elections with a current mailing list
778 of all local officers required to file with such supervisor of
779 elections.
780 (b) Not later than June 1 30 days before July 1 of each
781 year, the commission and each supervisor of elections, as
782 appropriate, shall distribute mail a copy of the form prescribed
783 for compliance with subsection (3) and a notice of all
784 applicable disclosure forms and filing deadlines to each person
785 required to file a statement of financial interests. Beginning
786 January 1, 2023, notice required under this paragraph must be
787 delivered by e-mail or other electronic means.
788 (c) Not later than August 1 30 days after July 1 of each
789 year, the commission and each supervisor of elections shall
790 determine which persons required to file a statement of
791 financial interests in their respective offices have failed to
792 do so and shall send delinquency notices by certified mail,
793 return receipt requested, to these persons. Each notice must
794 shall state that a grace period is in effect until September 1
795 of the current year; that no investigative or disciplinary
796 action based upon the delinquency will be taken by the agency
797 head or commission if the statement is filed by September 1 of
798 the current year; that, if the statement is not filed by
799 September 1 of the current year, a fine of $25 for each day late
800 will be imposed, up to a maximum penalty of $1,500; for notices
801 distributed sent by a supervisor of elections, that he or she is
802 required by law to notify the commission of the delinquency; and
803 that, if upon the filing of a sworn complaint the commission
804 finds that the person has failed to timely file the statement
805 within 60 days after September 1 of the current year, such
806 person will also be subject to the penalties provided in s.
807 112.317. Beginning January 1, 2023, notice required under this
808 paragraph must be delivered by e-mail or other electronic means
809 and must be redelivered on a weekly basis so long as a person
810 remains delinquent.
811 (d) No later than November 15 of each year, the supervisor
812 of elections in each county shall certify to the commission a
813 list of the names and addresses of, and the offices or positions
814 held by, all persons who have failed to timely file the required
815 statements of financial interests. The certification must
816 include the earliest of the dates described in subparagraph
817 (g)1. (f)1. The certification shall be on a form prescribed by
818 the commission and shall indicate whether the supervisor of
819 elections has provided the disclosure forms and notice as
820 required by this subsection to all persons named on the
821 delinquency list.
822 (e) Statements must be received by the commission filed not
823 later than 5 p.m. of the due date. However, any statement that
824 is postmarked by the United States Postal Service by midnight of
825 the due date is deemed to have been filed in a timely manner,
826 and a certificate of mailing obtained from and dated by the
827 United States Postal Service at the time of the mailing, or a
828 receipt from an established courier company which bears a date
829 on or before the due date, constitutes proof of mailing in a
830 timely manner. Beginning January 1, 2023, upon request of the
831 filer, the commission must provide verification to the filer
832 that the commission has received the submitted statement.
833 (f) Beginning January 1, 2023, the statement must be
834 accompanied by a declaration as provided in s. 92.525(2) and an
835 electronic acknowledgement thereof.
836 (g) Any person who is required to file a statement of
837 financial interests and whose name is on the commission’s
838 mailing list, and to whom notice has been sent, but who fails to
839 timely file is assessed a fine of $25 per day for each day late
840 up to a maximum of $1,500; however, this $1,500 limitation on
841 automatic fines does not limit the civil penalty that may be
842 imposed if the statement is filed more than 60 days after the
843 deadline and a complaint is filed, as provided in s. 112.324.
844 The commission must provide by rule the grounds for waiving the
845 fine and procedures by which each person whose name is on the
846 mailing list and who is determined to have not filed in a timely
847 manner will be notified of assessed fines and may appeal. The
848 rule must provide for and make specific the following:
849 1. The amount of the fine due is based upon the earliest of
850 the following:
851 a. When a statement is actually received by the office.
852 b. When the statement is postmarked.
853 c. When the certificate of mailing is dated.
854 d. When the receipt from an established courier company is
855 dated.
856 2. For a specified state employee or a state officer, upon
857 receipt of the disclosure statement by the commission or upon
858 accrual of the maximum penalty, whichever occurs first, and for
859 a local officer upon receipt by the commission of the
860 certification from the local officer’s supervisor of elections
861 pursuant to paragraph (d), the commission shall determine the
862 amount of the fine which is due and shall notify the delinquent
863 person. The notice must include an explanation of the appeal
864 procedure under subparagraph 3. The fine must be paid within 30
865 days after the notice of payment due is transmitted, unless
866 appeal is made to the commission pursuant to subparagraph 3. The
867 moneys are to be deposited into the General Revenue Fund.
868 3. Any reporting person may appeal or dispute a fine, based
869 upon unusual circumstances surrounding the failure to file on
870 the designated due date, and may request and is entitled to a
871 hearing before the commission, which may waive the fine in whole
872 or in part for good cause shown. Any such request must be in
873 writing and received by the commission made within 30 days after
874 the notice of payment due is transmitted. In such a case, the
875 reporting person must, within the 30-day period, notify the
876 person designated to review the timeliness of reports in writing
877 of his or her intention to bring the matter before the
878 commission. For purposes of this subparagraph, the term “unusual
879 circumstances” does not include the failure to monitor an e-mail
880 account or failure to receive notice if the person has not
881 notified the commission of a change in his or her e-mail
882 address.
883 (h)(g) Any state officer, local officer, or specified
884 employee whose name is not on the mailing list of persons
885 required to file an annual statement of financial interests is
886 not subject to the penalties provided in s. 112.317 or the fine
887 provided in this section for failure to timely file a statement
888 of financial interests in any year in which the omission
889 occurred, but nevertheless is required to file the disclosure
890 statement.
891 (i)(h) The notification requirements and fines of this
892 subsection do not apply to candidates or to the first or final
893 filing required of any state officer, specified employee, or
894 local officer as provided in paragraph (2)(b).
895 (j)(i) Notwithstanding any provision of chapter 120, any
896 fine imposed under this subsection which is not waived by final
897 order of the commission and which remains unpaid more than 60
898 days after the notice of payment due or more than 60 days after
899 the commission renders a final order on the appeal must be
900 submitted to the Department of Financial Services as a claim,
901 debt, or other obligation owed to the state, and the department
902 shall assign the collection of such a fine to a collection agent
903 as provided in s. 17.20.
904 (9)(a)(8)(a) The appointing official or body shall notify
905 each newly appointed local officer, state officer, or specified
906 state employee, not later than the date of appointment, of the
907 officer’s or employee’s duty to comply with the disclosure
908 requirements of this section. The agency head of each employing
909 agency shall notify each newly employed local officer or
910 specified state employee, not later than the day of employment,
911 of the officer’s or employee’s duty to comply with the
912 disclosure requirements of this section. The appointing official
913 or body or employing agency head may designate a person to be
914 responsible for the notification requirements of this paragraph.
915 (b) The agency head of the agency of each local officer,
916 state officer, or specified state employee who is required to
917 file a statement of financial interests for the final disclosure
918 period shall notify such persons of their obligation to file the
919 final disclosure and may designate a person to be responsible
920 for the notification requirements of this paragraph.
921 (c) If a person holding public office or public employment
922 fails or refuses to file an annual statement of financial
923 interests for any year in which the person received notice from
924 the commission regarding the failure to file and has accrued the
925 maximum automatic fine authorized under this section, regardless
926 of whether the fine imposed was paid or collected, the
927 commission shall initiate an investigation and conduct a public
928 hearing without receipt of a complaint to determine whether the
929 person’s failure to file is willful. Such investigation and
930 hearing must be conducted in accordance with s. 112.324. Except
931 as provided in s. 112.324(4), if the commission determines that
932 the person willfully failed to file a statement of financial
933 interests, the commission shall enter an order recommending that
934 the officer or employee be removed from his or her public office
935 or public employment. The commission shall forward its
936 recommendation as provided in s. 112.324.
937 (10)(9) A public officer who has filed a disclosure for any
938 calendar or fiscal year shall not be required to file a second
939 disclosure for the same year or any part thereof,
940 notwithstanding any requirement of this act, except that any
941 public officer who qualifies as a candidate for public office
942 shall file a copy of the disclosure with the officer before whom
943 he or she qualifies as a candidate at the time of qualification.
944 (11)(a)(10)(a) The commission shall treat an amendment to
945 an amended annual statement of financial interests which is
946 filed before September 1 of the year in which the statement is
947 due as part of the original filing, regardless of whether a
948 complaint has been filed. If a complaint alleges only an
949 immaterial, inconsequential, or de minimis error or omission,
950 the commission may not take any action on the complaint other
951 than notifying the filer of the complaint. The filer must be
952 given 30 days to file an amendment to the amended statement of
953 financial interests correcting any errors. If the filer does not
954 file an amendment to the amended statement of financial
955 interests within 30 days after the commission sends notice of
956 the complaint, the commission may continue with proceedings
957 pursuant to s. 112.324.
958 (b) For purposes of the final statement of financial
959 interests, the commission shall treat an amendment to a new
960 final statement of financial interests as part of the original
961 filing, if filed within 60 days of the original filing
962 regardless of whether a complaint has been filed. If, more than
963 60 days after a final statement of financial interests is filed,
964 a complaint is filed alleging a complete omission of any
965 information required to be disclosed by this section, the
966 commission may immediately follow the complaint procedures in s.
967 112.324. However, if the complaint alleges an immaterial,
968 inconsequential, or de minimis error or omission, the commission
969 may not take any action on the complaint other than notifying
970 the filer of the complaint. The filer must be given 30 days to
971 file an amendment to the a new final statement of financial
972 interests correcting any errors. If the filer does not file an
973 amendment to the a new final statement of financial interests
974 within 30 days after the commission sends notice of the
975 complaint, the commission may continue with proceedings pursuant
976 to s. 112.324.
977 (c) For purposes of this section, an error or omission is
978 immaterial, inconsequential, or de minimis if the original
979 filing provided sufficient information for the public to
980 identify potential conflicts of interest. However, failure to
981 certify completion of annual ethics training required under s.
982 112.3142 does not constitute an immaterial, inconsequential, or
983 de minimis error or omission.
984 (12)(a)(11)(a) An individual required to file a statement
985 disclosure pursuant to this section may have the statement
986 disclosure prepared by an attorney in good standing with The
987 Florida Bar or by a certified public accountant licensed under
988 chapter 473. After preparing a statement disclosure form, the
989 attorney or certified public accountant must sign the form
990 indicating that he or she prepared the form in accordance with
991 this section and the instructions for completing and filing the
992 disclosure forms and that, upon his or her reasonable knowledge
993 and belief, the disclosure is true and correct. If a complaint
994 is filed alleging a failure to disclose information required by
995 this section, the commission shall determine whether the
996 information was disclosed to the attorney or certified public
997 accountant. The failure of the attorney or certified public
998 accountant to accurately transcribe information provided by the
999 individual who is required to file the statement disclosure does
1000 not constitute a violation of this section.
1001 (b) An elected officer or candidate who chooses to use an
1002 attorney or a certified public accountant to prepare his or her
1003 statement disclosure may pay for the services of the attorney or
1004 certified public accountant from funds in an office account
1005 created pursuant to s. 106.141 or, during a year that the
1006 individual qualifies for election to public office, the
1007 candidate’s campaign depository pursuant to s. 106.021.
1008 (13)(12) The commission shall adopt rules and forms
1009 specifying how a state officer, local officer, or specified
1010 state employee may amend his or her statement of financial
1011 interests to report information that was not included on the
1012 form as originally filed. If the amendment is the subject of a
1013 complaint filed under this part, the commission and the proper
1014 disciplinary official or body shall consider as a mitigating
1015 factor when considering appropriate disciplinary action the fact
1016 that the amendment was filed before any complaint or other
1017 inquiry or proceeding, while recognizing that the public was
1018 deprived of access to information to which it was entitled.
1019 Section 5. Section 112.31455, Florida Statutes, is amended
1020 to read:
1021 112.31455 Collection methods for unpaid automatic fines for
1022 failure to timely file disclosure of financial interests.—
1023 (1) Before referring any unpaid fine accrued pursuant to s.
1024 112.3144(7) or s. 112.3145(8) s. 112.3144(5) or s. 112.3145(7)
1025 to the Department of Financial Services, the commission shall
1026 attempt to determine whether the individual owing such a fine is
1027 a current public officer or current public employee. If so, the
1028 commission may notify the Chief Financial Officer or the
1029 governing body of the appropriate county, municipality, or
1030 special district of the total amount of any fine owed to the
1031 commission by such individual.
1032 (a) After receipt and verification of the notice from the
1033 commission, the Chief Financial Officer or the governing body of
1034 the county, municipality, or special district shall begin
1035 withholding the lesser of 10 percent or the maximum amount
1036 allowed under federal law from any salary-related payment. The
1037 withheld payments shall be remitted to the commission until the
1038 fine is satisfied.
1039 (b) The Chief Financial Officer or the governing body of
1040 the county, municipality, or special district may retain an
1041 amount of each withheld payment, as provided in s. 77.0305, to
1042 cover the administrative costs incurred under this section.
1043 (2) If the commission determines that the individual who is
1044 the subject of an unpaid fine accrued pursuant to s. 112.3144(7)
1045 or s. 112.3145(8) s. 112.3144(5) or s. 112.3145(7) is no longer
1046 a public officer or public employee or if the commission is
1047 unable to determine whether the individual is a current public
1048 officer or public employee, the commission may, 6 months after
1049 the order becomes final, seek garnishment of any wages to
1050 satisfy the amount of the fine, or any unpaid portion thereof,
1051 pursuant to chapter 77. Upon recording the order imposing the
1052 fine with the clerk of the circuit court, the order shall be
1053 deemed a judgment for purposes of garnishment pursuant to
1054 chapter 77.
1055 (3) The commission may refer unpaid fines to the
1056 appropriate collection agency, as directed by the Chief
1057 Financial Officer, to utilize any collection methods provided by
1058 law. Except as expressly limited by this section, any other
1059 collection methods authorized by law are allowed.
1060 (4) Action may be taken to collect any unpaid fine imposed
1061 by ss. 112.3144 and 112.3145 within 20 years after the date the
1062 final order is rendered.
1063 Section 6. Except as otherwise expressly provided in this
1064 act, this act shall take effect upon becoming a law.
