Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 510
       
       
       
       
       
       
                                Ì421870#Î421870                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/10/2022           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Brodeur) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective April 1, 2022, subsection (5) and
    6  paragraph (a) of subsection (7) of section 99.061, Florida
    7  Statutes, are amended to read:
    8         99.061 Method of qualifying for nomination or election to
    9  federal, state, county, or district office.—
   10         (5) At the time of qualifying for office, each candidate
   11  for a constitutional office and each candidate for other
   12  elective office subject to an annual filing requirement under s.
   13  112.3144 shall file a full and public disclosure of financial
   14  interests pursuant to s. 8, Art. II of the State Constitution,
   15  which must be verified under oath or affirmation pursuant to s.
   16  92.525(1)(a), and a candidate for any other office, including
   17  local elective office, shall file a statement of financial
   18  interests pursuant to s. 112.3145. A candidate who is subject to
   19  an annual filing requirement under s. 112.3144 may submit a
   20  verification or receipt of electronic filing pursuant to s.
   21  112.3144(4). A candidate who is subject to an annual filing
   22  requirement under s. 112.3145 may file a verification or receipt
   23  of electronic filing pursuant to s. 112.3145(2)(c) unless the
   24  candidate is required to file a full and public disclosure of
   25  financial interests pursuant to s. 8, Art. II of the State
   26  Constitution or pursuant to this subsection.
   27         (7)(a) In order for a candidate to be qualified, the
   28  following items must be received by the filing officer by the
   29  end of the qualifying period:
   30         1. A properly executed check drawn upon the candidate’s
   31  campaign account payable to the person or entity as prescribed
   32  by the filing officer in an amount not less than the fee
   33  required by s. 99.092, unless the candidate obtained the
   34  required number of signatures on petitions pursuant to s.
   35  99.095. The filing fee for a special district candidate is not
   36  required to be drawn upon the candidate’s campaign account. If a
   37  candidate’s check is returned by the bank for any reason, the
   38  filing officer must shall immediately notify the candidate and
   39  the candidate has shall have until the end of qualifying to pay
   40  the fee with a cashier’s check purchased from funds of the
   41  campaign account. Failure to pay the fee as provided in this
   42  subparagraph disqualifies shall disqualify the candidate.
   43         2. The candidate’s oath required by s. 99.021, which must
   44  contain the name of the candidate as it is to appear on the
   45  ballot; the office sought, including the district or group
   46  number if applicable; and the signature of the candidate, which
   47  must be verified under oath or affirmation pursuant to s.
   48  92.525(1)(a).
   49         3. If the office sought is partisan, the written statement
   50  of political party affiliation required by s. 99.021(1)(b); or
   51  if the candidate is running without party affiliation for a
   52  partisan office, the written statement required by s.
   53  99.021(1)(c).
   54         4. The completed form for the appointment of campaign
   55  treasurer and designation of campaign depository, as required by
   56  s. 106.021.
   57         5. The full and public disclosure or statement of financial
   58  interests required by subsection (5). A public officer who has
   59  filed the full and public disclosure or statement of financial
   60  interests with the Commission on Ethics or the supervisor of
   61  elections before prior to qualifying for office may file a copy
   62  of that disclosure at the time of qualifying or a verification
   63  or receipt of electronic filing as provided in subsection (5).
   64         Section 2. Effective January 1, 2023, paragraph (a) of
   65  subsection (1) of section 112.3144, Florida Statutes, is
   66  amended, and paragraph (d) is added to that subsection, to read:
   67         112.3144 Full and public disclosure of financial
   68  interests.—
   69         (1)(a) An officer who is required by s. 8, Art. II of the
   70  State Constitution to file a full and public disclosure of his
   71  or her financial interests for any calendar or fiscal year, or
   72  any other person required by law to file a disclosure under this
   73  section, shall file that disclosure with the Florida Commission
   74  on Ethics. Additionally, an officer who is required to file a
   75  full and public disclosure of his or her financial interests
   76  under this part and complete annual ethics training pursuant to
   77  s. 112.3142 must certify on his or her full and public
   78  disclosure of financial interests that he or she has completed
   79  the required training.
   80         (d)The following local officers must comply with the
   81  financial disclosure requirement of s. 8, Art. II of the State
   82  Constitution and this section:
   83         1.Mayors.
   84         2.City Commissioners.
   85         3.Elected members of a city council; town council; village
   86  council; or other governing body of a city, town, or village.
   87         4.City, county, town, or village managers.
   88         Section 3. Effective January 1, 2023, paragraph (b) of
   89  subsection (2) of section 112.3145, Florida Statutes, is amended
   90  to read:
   91         112.3145 Disclosure of financial interests and clients
   92  represented before agencies.—
   93         (2)
   94         (b) Each state or local officer, except local officers
   95  specified in s. 112.3144(1)(d), and each specified state
   96  employee shall file a statement of financial interests no later
   97  than July 1 of each year. Each state officer, local officer, and
   98  specified state employee shall file a final statement of
   99  financial interests within 60 days after leaving his or her
  100  public position for the period between January 1 of the year in
  101  which the person leaves and the last day of office or
  102  employment, unless within the 60-day period the person takes
  103  another public position requiring financial disclosure under
  104  this section or s. 8, Art. II of the State Constitution or
  105  otherwise is required to file full and public disclosure or a
  106  statement of financial interests for the final disclosure
  107  period. Each state or local officer who is appointed and each
  108  specified state employee who is employed shall file a statement
  109  of financial interests within 30 days after from the date of
  110  appointment or, in the case of a specified state employee, after
  111  from the date on which the employment begins, except that any
  112  person whose appointment is subject to confirmation by the
  113  Senate shall file before prior to confirmation hearings or
  114  within 30 days after from the date of appointment, whichever
  115  comes first.
  116         Section 4. Paragraphs (d) and (e) of subsection (2) and
  117  paragraph (c) of subsection (8) of section 112.3145, Florida
  118  Statutes, are amended to read:
  119         112.3145 Disclosure of financial interests and clients
  120  represented before agencies.—
  121         (2)
  122         (d) State officers and specified state employees shall file
  123  their statements of financial interests with the commission.
  124  Through December 31, 2022, local officers shall file their
  125  statements of financial interests with the supervisor of
  126  elections of the county in which they permanently reside.
  127  Through December 31, 2022, local officers who do not permanently
  128  reside in any county in this the state shall file their
  129  statements of financial interests with the supervisor of
  130  elections of the county in which their agency maintains its
  131  headquarters. Persons seeking to qualify as candidates for local
  132  public office shall file their statements of financial interests
  133  with the officer before whom they qualify.
  134         (e) Beginning January 1, 2023, a statement of financial
  135  interests and a final statement of financial interests, and any
  136  amendments thereto, or any other form required by this section,
  137  except any statement of a candidate who is not subject to an
  138  annual filing requirement, all statements filed with the
  139  commission must be filed electronically through an electronic
  140  filing system that is created and maintained by the commission
  141  as provided in s. 112.31446.
  142         (8) Forms for compliance with the disclosure requirements
  143  of this section and a current list of persons subject to
  144  disclosure shall be created by the commission and provided to
  145  each supervisor of elections. The commission and each supervisor
  146  of elections shall give notice of disclosure deadlines and
  147  delinquencies and distribute forms in the following manner:
  148         (c) Not later than August 1 of each year, the commission
  149  and each supervisor of elections shall determine which persons
  150  required to file a statement of financial interests in their
  151  respective offices have failed to do so and shall send
  152  delinquency notices to these persons. Through December 31, 2022,
  153  delinquency notices must be sent by certified mail, return
  154  receipt requested. Each notice must state that a grace period is
  155  in effect until September 1 of the current year; that no
  156  investigative or disciplinary action based upon the delinquency
  157  will be taken by the agency head or commission if the statement
  158  is filed by September 1 of the current year; that, if the
  159  statement is not filed by September 1 of the current year, a
  160  fine of $25 for each day late will be imposed, up to a maximum
  161  penalty of $1,500; for notices distributed by a supervisor of
  162  elections, that he or she is required by law to notify the
  163  commission of the delinquency; and that, if upon the filing of a
  164  sworn complaint the commission finds that the person has failed
  165  to timely file the statement within 60 days after September 1 of
  166  the current year, such person will also be subject to the
  167  penalties provided in s. 112.317. Beginning January 1, 2023,
  168  notice required under this paragraph:
  169         1.May not be sent by certified mail.
  170         2. Must be delivered by e-mail and must be redelivered on a
  171  weekly basis by e-mail as long as the person remains delinquent.
  172         Section 5. Except as otherwise expressly provided in this
  173  act, this act shall take effect upon becoming a law.
  174  
  175  ================= T I T L E  A M E N D M E N T ================
  176  And the title is amended as follows:
  177         Delete everything before the enacting clause
  178  and insert:
  179                        A bill to be entitled                      
  180         An act relating to financial disclosures; amending s.
  181         99.061, F.S.; revising qualification requirements for
  182         certain candidates for office; amending s. 112.3144,
  183         F.S.; requiring certain officers to certify that they
  184         have completed ethics training; requiring specified
  185         local officers to file a full and public disclosure of
  186         financial interests; amending s. 112.3145, F.S.;
  187         exempting specified local officers from certain
  188         financial disclosure requirements; requiring certain
  189         local officers to file their statements of financial
  190         interests with a specified supervisor of elections
  191         until a specified date; requiring certain documents to
  192         be filed electronically after a specified date;
  193         requiring certain delinquency notices to be sent by
  194         certified mail until a specified date; prohibiting
  195         certain delinquency notices from being sent by
  196         certified mail after a specified date; providing
  197         effective dates.