Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SPB 7040
Ì590054ÈÎ590054
LEGISLATIVE ACTION
Senate . House
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The Committee on Ethics and Elections (Baxley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 112.31446, Florida Statutes, is created
6 to read:
7 112.31446 Electronic filing system for financial
8 disclosure.—
9 (1) As used in this section, the term:
10 (a) “Disclosure of financial interests” or “disclosure”
11 includes a full and public disclosure of financial interests and
12 a final full and public disclosure of financial interests, and
13 any amendments thereto.
14 (b) “Electronic filing system” means an Internet-based
15 system for receiving, reporting, and publishing disclosures of
16 financial interests, statements of financial interests, or any
17 other form that is required under s. 112.3144 or s. 112.3145.
18 (c) “Statement of financial interests” or “statement”
19 includes a statement of financial interests and a final
20 statement of financial interests, and any amendments thereto.
21 (2) By January 1, 2022, the commission shall procure and
22 test an electronic filing system. At a minimum, the electronic
23 filing system must:
24 (a) Provide access through the Internet for the completion
25 and submission of disclosures of financial interests, statements
26 of financial interests, or any other form that is required under
27 s. 112.3144 or s. 112.3145.
28 (b) Upload submitted information to the commission using
29 software that is approved by the commission.
30 (c) Allow for a procedure to make filings available in a
31 searchable format that is accessible by an individual using
32 standard Internet-browsing software.
33 (d) Issue a verification or receipt that the commission has
34 received the submitted disclosure or statement.
35 (e) Provide security that prevents unauthorized access to
36 the electronic filing system’s functions or data.
37 (f) Provide a method for an attorney or a certified public
38 accountant licensed in this state to complete the disclosure or
39 statement and certify that he or she prepared the disclosure or
40 statement in accordance with s. 112.3144 or s. 112.3145 and the
41 instructions for completing the disclosure or statement, and
42 that, upon his or her reasonable knowledge and belief, the
43 information on the disclosure or statement is true and correct.
44 (3) Each unit of government shall provide an e-mail address
45 to any of its officers, members, or employees who must file a
46 disclosure of financial interests or a statement of financial
47 interests, and provide such e-mail addresses to the commission
48 by February 1 of each year. A person required to file a
49 disclosure of financial interests or statement of financial
50 interests must inform the commission immediately of any change
51 in his or her e-mail address.
52 (4) The commission shall provide each person required to
53 file a disclosure of financial interests or statement of
54 financial interests a secure log-in to the electronic filing
55 system. Such person is responsible for protecting his or her
56 secure log-in credentials from disclosure and is responsible for
57 all filings submitted to the commission with such credentials,
58 unless the person has notified the commission that his or her
59 credentials have been compromised.
60 (5) If the Governor declares the electronic filing system
61 to be inoperable, the commission must accept submissions of
62 disclosures of financial interests or statements of financial
63 interests required under s. 112.3144 or s. 112.3145,
64 respectively, through other methods as specified by order of the
65 Governor.
66 Section 2. Effective January 1, 2020, subsection (10) of
67 section 112.312, Florida Statutes, is amended to read:
68 112.312 Definitions.—As used in this part and for purposes
69 of the provisions of s. 8, Art. II of the State Constitution,
70 unless the context otherwise requires:
71 (10) “Disclosure period” means the calendar taxable year,
72 if disclosure is required for the entire year, or the portion of
73 a calendar year ending with the last day of the period for which
74 disclosure is required for the person or business entity,
75 whether based on a calendar or fiscal year, immediately
76 preceding the date on which, or the last day of the period
77 during which, the financial disclosure statement required by
78 this part is required to be filed.
79 Section 3. Section 112.3144, Florida Statutes, is amended
80 to read:
81 112.3144 Full and public disclosure of financial
82 interests.—
83 (1) An officer who is required by s. 8, Art. II of the
84 State Constitution to file a full and public disclosure of his
85 or her financial interests for any calendar or fiscal year, or
86 any other person required by law to file a disclosure under this
87 section, shall file that disclosure with the Florida Commission
88 on Ethics. Additionally, beginning January 1, 2015, an officer
89 who is required to complete annual ethics training pursuant to
90 s. 112.3142 must certify on his or her full and public
91 disclosure of financial interests that he or she has completed
92 the required training.
93 (2) Beginning January 1, 2022, a full and public disclosure
94 of financial interests and a final full and public disclosure of
95 financial interests, and amendments thereto, or any other form
96 required by this section, must be filed electronically through
97 an electronic filing system created and maintained by the
98 commission as provided in s. 112.31446.
99 (3) A person who is required, pursuant to s. 8, Art. II of
100 the State Constitution, to file a full and public disclosure of
101 financial interests and who has filed a full and public
102 disclosure of financial interests for any calendar or fiscal
103 year shall not be required to file a statement of financial
104 interests pursuant to s. 112.3145(2) and (3) for the same year
105 or for any part thereof notwithstanding any requirement of this
106 part. Until the electronic filing system required by subsection
107 (2) is implemented, if an incumbent in an elective office has
108 filed the full and public disclosure of financial interests to
109 qualify for election to the same office or if a candidate for
110 office holds another office subject to the annual filing
111 requirement, the qualifying officer shall forward an electronic
112 copy of the full and public disclosure of financial interests to
113 the commission no later than July 1. The electronic copy of the
114 full and public disclosure of financial interests satisfies the
115 annual disclosure requirement of this section. A candidate who
116 does not qualify until after the annual full and public
117 disclosure of financial interests has been filed pursuant to
118 this section shall file a copy of his or her disclosure with the
119 officer before whom he or she qualifies.
120 (4)(3) For purposes of full and public disclosure under s.
121 8(a), Art. II of the State Constitution, the following items, if
122 not held for investment purposes and if valued at over $1,000 in
123 the aggregate, may be reported in a lump sum and identified as
124 “household goods and personal effects”:
125 (a) Jewelry;
126 (b) Collections of stamps, guns, and numismatic properties;
127 (c) Art objects;
128 (d) Household equipment and furnishings;
129 (e) Clothing;
130 (f) Other household items; and
131 (g) Vehicles for personal use.
132 (5)(a)(4)(a) With respect to reporting, on forms prescribed
133 under this section, assets valued in excess of $1,000 which the
134 reporting individual holds jointly with another person, the
135 amount reported shall be based on the reporting individual’s
136 legal percentage of ownership in the property. However, assets
137 that are held jointly, with right of survivorship, must be
138 reported at 100 percent of the value of the asset. For purposes
139 of this subsection, a reporting individual is deemed to own a
140 percentage of a partnership which is equal to the reporting
141 individual’s interest in the capital or equity of the
142 partnership.
143 (b)1. With respect to reporting, on forms prescribed under
144 this section, liabilities valued in excess of $1,000 on forms
145 prescribed under this section for which the reporting individual
146 is jointly and severally liable, the amount reported shall be
147 based on the reporting individual’s percentage of liability
148 rather than the total amount of the liability. However,
149 liability for a debt that is secured by property owned by the
150 reporting individual but that is held jointly, with right of
151 survivorship, must be reported at 100 percent of the total
152 amount owed.
153 2. A separate section of the form shall be created to
154 provide for the reporting of the amounts of joint and several
155 liability of the reporting individual not otherwise reported in
156 subparagraph 1.
157 (c) With respect to reporting income, on forms prescribed
158 under this section, each separate source and amount of income
159 which exceeds $1,000 must be identified. For purposes of
160 reporting income, a person required to file a full and public
161 disclosure of financial interests may not provide, and the
162 commission may not accept, a federal income tax return or a copy
163 thereof.
164 (6) The commission may not request, and a public officer,
165 candidate, or any other person may not provide, in any filing or
166 submission, a federal income tax return or a copy thereof; a
167 social security number; a bank, mortgage, or brokerage account
168 number; a debit, charge, or credit card number; a personal
169 identification number; a taxpayer identification number; or any
170 other personal or account information that is legally protected
171 from disclosure under state or federal law. Once the electronic
172 filing system is implemented, if a public officer, candidate, or
173 other person voluntarily provides such information, the
174 information is not subject to any confidentiality or public
175 records exemptions found in s. 119.071. The commission shall
176 redact a filer’s social security number; bank, mortgage, or
177 brokerage account number; debit, charge, or credit card number;
178 or any other personal or account information that is legally
179 protected from disclosure under state or federal law upon
180 written notification from the filer of its inadvertent
181 inclusion. Such notice must specify the information
182 inadvertently included and the specific section or sections of
183 the disclosure in which it was included.
184 (7)(5) Until the electronic filing system required by
185 subsection (2) is implemented, forms for compliance with the
186 full and public disclosure requirements of s. 8, Art. II of the
187 State Constitution shall be prescribed created by the commission
188 on Ethics. The commission shall give notice of disclosure
189 deadlines and delinquencies and distribute forms in the
190 following manner:
191 (a) Not later than May 1 of each year, the commission shall
192 prepare a current list of the names, e-mail addresses, and
193 physical addresses of and the offices held by every person
194 required to file full and public disclosure annually by s. 8,
195 Art. II of the State Constitution, or other state law. In
196 compiling the list, the commission shall be assisted by Each
197 unit of government shall assist the commission in compiling the
198 list by in providing to the commission not later than February 1
199 of each year at the request of the commission the name, e-mail
200 address, physical address, and name of the office held by such
201 person each public official within the respective unit of
202 government as of December 31 of the preceding year.
203 (b) Not later than June 1 30 days before July 1 of each
204 year, the commission shall distribute mail a copy of the form
205 prescribed for compliance with full and public disclosure and a
206 notice of the filing deadline to each person on the mailing
207 list. Beginning January 1, 2022, notice required under this
208 paragraph must be delivered by e-mail or other electronic means.
209 (c) Not later than August 1 30 days after July 1 of each
210 year, the commission shall determine which persons on the
211 mailing list have failed to file full and public disclosure and
212 shall send delinquency notices by certified mail to such
213 persons. Each notice must shall state that a grace period is in
214 effect until September 1 of the current year. Beginning January
215 1, 2022, notice required under this paragraph must be delivered
216 by e-mail or other electronic means and must be redelivered on a
217 weekly basis so long as a person remains delinquent.
218 (d) Disclosures Statements must be received by the
219 commission filed not later than 5 p.m. of the due date. However,
220 any disclosure statement that is postmarked by the United States
221 Postal Service by midnight of the due date is deemed to have
222 been filed in a timely manner, and a certificate of mailing
223 obtained from and dated by the United States Postal Service at
224 the time of the mailing, or a receipt from an established
225 courier company which bears a date on or before the due date,
226 constitutes proof of mailing in a timely manner. Beginning
227 January 1, 2022, upon request of the filer, the commission must
228 provide verification to the filer that the commission has
229 received the submitted disclosure.
230 (e) Beginning January 1, 2022, a written declaration, as
231 provided for under s. 92.525(2), accompanied by an electronic
232 signature satisfies the requirement that the disclosure be
233 sworn.
234 (f) Any person who is required to file full and public
235 disclosure of financial interests and whose name is on the
236 commission’s mailing list, and to whom notice has been sent, but
237 who fails to timely file is assessed a fine of $25 per day for
238 each day late up to a maximum of $1,500; however this $1,500
239 limitation on automatic fines does not limit the civil penalty
240 that may be imposed if the statement is filed more than 60 days
241 after the deadline and a complaint is filed, as provided in s.
242 112.324. The commission must provide by rule the grounds for
243 waiving the fine and the procedures by which each person whose
244 name is on the mailing list and who is determined to have not
245 filed in a timely manner will be notified of assessed fines and
246 may appeal. The rule must provide for and make specific the
247 following:
248 1. The amount of the fine due is based upon the earliest of
249 the following:
250 a. When a statement is actually received by the office.
251 b. When the statement is postmarked.
252 c. When the certificate of mailing is dated.
253 d. When the receipt from an established courier company is
254 dated.
255 2. Upon receipt of the disclosure statement or upon accrual
256 of the maximum penalty, whichever occurs first, the commission
257 shall determine the amount of the fine which is due and shall
258 notify the delinquent person. The notice must include an
259 explanation of the appeal procedure under subparagraph 3. Such
260 fine must be paid within 30 days after the notice of payment due
261 is transmitted, unless appeal is made to the commission pursuant
262 to subparagraph 3. The moneys shall be deposited into the
263 General Revenue Fund.
264 3. Any reporting person may appeal or dispute a fine, based
265 upon unusual circumstances surrounding the failure to file on
266 the designated due date, and may request and is entitled to a
267 hearing before the commission, which may waive the fine in whole
268 or in part for good cause shown. Any such request must be in
269 writing and received by the commission made within 30 days after
270 the notice of payment due is transmitted. In such a case, the
271 reporting person must, within the 30-day period, notify the
272 person designated to review the timeliness of reports in writing
273 of his or her intention to bring the matter before the
274 commission. For purposes of this subparagraph, the term “unusual
275 circumstances” does not include the failure to monitor an e-mail
276 account or failure to receive notice if the person has not
277 notified the commission of a change in his or her e-mail
278 address.
279 (g)(f) Any person subject to the annual filing of full and
280 public disclosure under s. 8, Art. II of the State Constitution,
281 or other state law, whose name is not on the commission’s
282 mailing list of persons required to file full and public
283 disclosure is not subject to the fines or penalties provided in
284 this part for failure to file full and public disclosure in any
285 year in which the omission occurred, but nevertheless is
286 required to file the disclosure statement.
287 (h)(g) The notification requirements and fines of this
288 subsection do not apply to candidates or to the first filing
289 required of any person appointed to elective constitutional
290 office or other position required to file full and public
291 disclosure, unless the person’s name is on the commission’s
292 notification list and the person received notification from the
293 commission. The appointing official shall notify such newly
294 appointed person of the obligation to file full and public
295 disclosure by July 1. The notification requirements and fines of
296 this subsection do not apply to the final filing provided for in
297 subsection (9) (7).
298 (i)(h) Notwithstanding any provision of chapter 120, any
299 fine imposed under this subsection which is not waived by final
300 order of the commission and which remains unpaid more than 60
301 days after the notice of payment due or more than 60 days after
302 the commission renders a final order on the appeal must be
303 submitted to the Department of Financial Services as a claim,
304 debt, or other obligation owed to the state, and the department
305 shall assign the collection of such fine to a collection agent
306 as provided in s. 17.20.
307 (8)(6) If a person holding public office or public
308 employment fails or refuses to file a full and public disclosure
309 of financial interests for any year in which the person received
310 notice from the commission regarding the failure to file and has
311 accrued the maximum automatic fine authorized under this
312 section, regardless of whether the fine imposed was paid or
313 collected, the commission shall initiate an investigation and
314 conduct a public hearing without receipt of a complaint to
315 determine whether the person’s failure to file is willful. Such
316 investigation and hearing must be conducted in accordance with
317 s. 112.324. Except as provided in s. 112.324(4), if the
318 commission determines that the person willfully failed to file a
319 full and public disclosure of financial interests, the
320 commission shall enter an order recommending that the officer or
321 employee be removed from his or her public office or public
322 employment. The commission shall forward its recommendations as
323 provided in s. 112.324.
324 (9)(7) Each person required to file full and public
325 disclosure of financial interests shall file a final disclosure
326 statement within 60 days after leaving his or her public
327 position for the period between January 1 of the year in which
328 the person leaves and the last day of office or employment,
329 unless within the 60-day period the person takes another public
330 position requiring financial disclosure under s. 8, Art. II of
331 the State Constitution, or is otherwise required to file full
332 and public disclosure for the final disclosure period. The head
333 of the agency of each person required to file full and public
334 disclosure for the final disclosure period shall notify such
335 persons of their obligation to file the final disclosure and may
336 designate a person to be responsible for the notification
337 requirements of this subsection.
338 (10)(a)(8)(a) The commission shall treat an amendment to a
339 amended full and public disclosure of financial interests which
340 is filed before September 1 of the year in which the disclosure
341 is due as part of the original filing, regardless of whether a
342 complaint has been filed. If a complaint alleges only an
343 immaterial, inconsequential, or de minimis error or omission,
344 the commission may not take any action on the complaint other
345 than notifying the filer of the complaint. The filer must be
346 given 30 days to file an amendment to the amended full and
347 public disclosure of financial interests correcting any errors.
348 If the filer does not file an amendment to the amended full and
349 public disclosure of financial interests within 30 days after
350 the commission sends notice of the complaint, the commission may
351 continue with proceedings pursuant to s. 112.324.
352 (b) For purposes of the final full and public disclosure of
353 financial interests, the commission shall treat an amendment to
354 a new final full and public disclosure of financial interests as
355 part of the original filing if filed within 60 days after the
356 original filing, regardless of whether a complaint has been
357 filed. If, more than 60 days after a final full and public
358 disclosure of financial interests is filed, a complaint is filed
359 alleging a complete omission of any information required to be
360 disclosed by this section, the commission may immediately follow
361 the complaint procedures in s. 112.324. However, if the
362 complaint alleges an immaterial, inconsequential, or de minimis
363 error or omission, the commission may not take any action on the
364 complaint, other than notifying the filer of the complaint. The
365 filer must be given 30 days to file an amendment to the a new
366 final full and public disclosure of financial interests
367 correcting any errors. If the filer does not file an amendment
368 to the a new final full and public disclosure of financial
369 interests within 30 days after the commission sends notice of
370 the complaint, the commission may continue with proceedings
371 pursuant to s. 112.324.
372 (c) For purposes of this section, an error or omission is
373 immaterial, inconsequential, or de minimis if the original
374 filing provided sufficient information for the public to
375 identify potential conflicts of interest. However, failure to
376 certify completion of annual ethics training required under s.
377 112.3142 does not constitute an immaterial, inconsequential, or
378 de minimis error or omission.
379 (11)(a)(9)(a) An individual required to file a disclosure
380 pursuant to this section may have the disclosure prepared by an
381 attorney in good standing with The Florida Bar or by a certified
382 public accountant licensed under chapter 473. After preparing a
383 disclosure form, the attorney or certified public accountant
384 must sign the form indicating that he or she prepared the form
385 in accordance with this section and the instructions for
386 completing and filing the disclosure forms and that, upon his or
387 her reasonable knowledge and belief, the disclosure is true and
388 correct. If a complaint is filed alleging a failure to disclose
389 information required by this section, the commission shall
390 determine whether the information was disclosed to the attorney
391 or certified public accountant. The failure of the attorney or
392 certified public accountant to accurately transcribe information
393 provided by the individual required to file is not a violation
394 of this section.
395 (b) An elected officer or candidate who chooses to use an
396 attorney or a certified public accountant to prepare his or her
397 disclosure may pay for the services of the attorney or certified
398 public accountant from funds in an office account created
399 pursuant to s. 106.141 or, during a year that the individual
400 qualifies for election to public office, the candidate’s
401 campaign depository pursuant to s. 106.021.
402 (12)(10) The commission shall adopt rules and forms
403 specifying how a person who is required to file full and public
404 disclosure of financial interests may amend his or her
405 disclosure statement to report information that was not included
406 on the form as originally filed. If the amendment is the subject
407 of a complaint filed under this part, the commission and the
408 proper disciplinary official or body shall consider as a
409 mitigating factor when considering appropriate disciplinary
410 action the fact that the amendment was filed before any
411 complaint or other inquiry or proceeding, while recognizing that
412 the public was deprived of access to information to which it was
413 entitled.
414 (13) The provisions of this section constitute a revision
415 to the schedule included in s. 8(i), Art. II of the State
416 Constitution.
417 Section 4. Section 112.3145, Florida Statutes, is amended
418 to read:
419 112.3145 Disclosure of financial interests and clients
420 represented before agencies.—
421 (1) For purposes of this section, unless the context
422 otherwise requires, the term:
423 (a) “Local officer” means:
424 1. Every person who is elected to office in any political
425 subdivision of the state, and every person who is appointed to
426 fill a vacancy for an unexpired term in such an elective office.
427 2. Any appointed member of any of the following boards,
428 councils, commissions, authorities, or other bodies of any
429 county, municipality, school district, independent special
430 district, or other political subdivision of the state:
431 a. The governing body of the political subdivision, if
432 appointed;
433 b. A community college or junior college district board of
434 trustees;
435 c. A board having the power to enforce local code
436 provisions;
437 d. A planning or zoning board, board of adjustment, board
438 of appeals, community redevelopment agency board, or other board
439 having the power to recommend, create, or modify land planning
440 or zoning within the political subdivision, except for citizen
441 advisory committees, technical coordinating committees, and such
442 other groups who only have the power to make recommendations to
443 planning or zoning boards;
444 e. A pension board or retirement board having the power to
445 invest pension or retirement funds or the power to make a
446 binding determination of one’s entitlement to or amount of a
447 pension or other retirement benefit; or
448 f. Any other appointed member of a local government board
449 who is required to file a statement of financial interests by
450 the appointing authority or the enabling legislation, ordinance,
451 or resolution creating the board.
452 3. Any person holding one or more of the following
453 positions: mayor; county or city manager; chief administrative
454 employee of a county, municipality, or other political
455 subdivision; county or municipal attorney; finance director of a
456 county, municipality, or other political subdivision; chief
457 county or municipal building code inspector; county or municipal
458 water resources coordinator; county or municipal pollution
459 control director; county or municipal environmental control
460 director; county or municipal administrator, with power to grant
461 or deny a land development permit; chief of police; fire chief;
462 municipal clerk; district school superintendent; community
463 college president; district medical examiner; or purchasing
464 agent having the authority to make any purchase exceeding the
465 threshold amount provided for in s. 287.017 for CATEGORY TWO
466 ONE, on behalf of any political subdivision of the state or any
467 entity thereof.
468 (b) “Specified state employee” means:
469 1. Public counsel created by chapter 350, an assistant
470 state attorney, an assistant public defender, a criminal
471 conflict and civil regional counsel, an assistant criminal
472 conflict and civil regional counsel, a full-time state employee
473 who serves as counsel or assistant counsel to any state agency,
474 the Deputy Chief Judge of Compensation Claims, a judge of
475 compensation claims, an administrative law judge, or a hearing
476 officer.
477 2. Any person employed in the office of the Governor or in
478 the office of any member of the Cabinet if that person is exempt
479 from the Career Service System, except persons employed in
480 clerical, secretarial, or similar positions.
481 3. The State Surgeon General or each appointed secretary,
482 assistant secretary, deputy secretary, executive director,
483 assistant executive director, or deputy executive director of
484 each state department, commission, board, or council; unless
485 otherwise provided, the division director, assistant division
486 director, deputy director, and bureau chief, and assistant
487 bureau chief of any state department or division; or any person
488 having the power normally conferred upon such persons, by
489 whatever title.
490 4. The superintendent or institute director of a state
491 mental health institute established for training and research in
492 the mental health field or the warden or director of any major
493 state institution or facility established for corrections,
494 training, treatment, or rehabilitation.
495 5. Business managers, purchasing agents having the power to
496 make any purchase exceeding the threshold amount provided for in
497 s. 287.017 for CATEGORY TWO ONE, finance and accounting
498 directors, personnel officers, or grants coordinators for any
499 state agency.
500 6. Any person, other than a legislative assistant exempted
501 by the presiding officer of the house by which the legislative
502 assistant is employed, who is employed in the legislative branch
503 of government, except persons employed in maintenance, clerical,
504 secretarial, or similar positions.
505 7. Each employee of the Commission on Ethics.
506 (c) “State officer” means:
507 1. Any elected public officer, excluding those elected to
508 the United States Senate and House of Representatives, not
509 covered elsewhere in this part and any person who is appointed
510 to fill a vacancy for an unexpired term in such an elective
511 office.
512 2. An appointed member of each board, commission,
513 authority, or council having statewide jurisdiction, excluding a
514 member of an advisory body.
515 3. A member of the Board of Governors of the State
516 University System or a state university board of trustees, the
517 Chancellor and Vice Chancellors of the State University System,
518 and the president of a state university.
519 4. A member of the judicial nominating commission for any
520 district court of appeal or any judicial circuit.
521 (2)(a) A person seeking nomination or election to a state
522 or local elective office shall file a statement of financial
523 interests together with, and at the same time he or she files,
524 qualifying papers. Until the electronic filing system is
525 implemented under paragraph (d), when a candidate has qualified
526 for office prior to the deadline to file an annual statement of
527 financial interests, the statement of financial interests that
528 is filed with the candidate’s qualifying papers shall be deemed
529 to satisfy the annual disclosure requirement of this section.
530 The qualifying officer must record that the statement of
531 financial interests was timely filed. However, if a candidate
532 does not qualify until after the annual statement of financial
533 interests has been filed, the candidate may file a copy of his
534 or her statement with the qualifying officer.
535 (b) Each state or local officer and each specified state
536 employee shall file a statement of financial interests no later
537 than July 1 of each year. Each state officer, local officer, and
538 specified state employee shall file a final statement of
539 financial interests within 60 days after leaving his or her
540 public position for the period between January 1 of the year in
541 which the person leaves and the last day of office or
542 employment, unless within the 60-day period the person takes
543 another public position requiring financial disclosure under
544 this section or s. 8, Art. II of the State Constitution or
545 otherwise is required to file full and public disclosure or a
546 statement of financial interests for the final disclosure
547 period. Each state or local officer who is appointed and each
548 specified state employee who is employed shall file a statement
549 of financial interests within 30 days from the date of
550 appointment or, in the case of a specified state employee, from
551 the date on which the employment begins, except that any person
552 whose appointment is subject to confirmation by the Senate shall
553 file prior to confirmation hearings or within 30 days from the
554 date of appointment, whichever comes first.
555 (c) State officers and specified state employees shall file
556 their statements of financial interests with the commission on
557 Ethics. Local officers shall file their statements of financial
558 interests with the supervisor of elections of the county in
559 which they permanently reside. Local officers who do not
560 permanently reside in any county in the state shall file their
561 statements of financial interests with the supervisor of
562 elections of the county in which their agency maintains its
563 headquarters. Persons seeking to qualify as candidates for local
564 public office shall file their statements of financial interests
565 with the officer before whom they qualify.
566 (d) Beginning January 1, 2023, a statement of financial
567 interests and a final statement of financial interests, and
568 amendments thereto, or any other form required by this section,
569 must be filed electronically through an electronic filing system
570 created and maintained by the commission as provided in s.
571 112.31446.
572 (3) The statement of financial interests for state
573 officers, specified state employees, local officers, and persons
574 seeking to qualify as candidates for state or local office shall
575 be filed even if the reporting person holds no financial
576 interests requiring disclosure in a particular category, in
577 which case that section of the statement shall be marked “not
578 applicable.” Otherwise, the statement of financial interests
579 must shall include the information under paragraph (a) or
580 paragraph (b). The reporting person shall indicate on the
581 statement whether he or she is using the reporting method under
582 paragraph (a) or paragraph (b). However, beginning January 1,
583 2023, only the reporting method specified under paragraph (b)
584 may be used. , at the filer’s option, either:
585 (a) 1. All sources of income in excess of 5 percent of the
586 gross income received during the disclosure period by the person
587 in his or her own name or by any other person for his or her use
588 or benefit, excluding public salary. However, this shall not be
589 construed to require disclosure of a business partner’s sources
590 of income. The person reporting shall list such sources in
591 descending order of value with the largest source first;
592 2. All sources of income to a business entity in excess of
593 10 percent of the gross income of a business entity in which the
594 reporting person held a material interest and from which he or
595 she received an amount which was in excess of 10 percent of his
596 or her gross income during the disclosure period and which
597 exceeds $1,500. The period for computing the gross income of the
598 business entity is the fiscal year of the business entity which
599 ended on, or immediately prior to, the end of the disclosure
600 period of the person reporting;
601 3. The location or description of real property in this
602 state, except for residences and vacation homes, owned directly
603 or indirectly by the person reporting, when such person owns in
604 excess of 5 percent of the value of such real property, and a
605 general description of any intangible personal property worth in
606 excess of 10 percent of such person’s total assets. For the
607 purposes of this paragraph, indirect ownership does not include
608 ownership by a spouse or minor child; and
609 4. Every individual liability that equals more than the
610 reporting person’s net worth; or
611 (b)1. All sources of gross income in excess of $2,500
612 received during the disclosure period by the person in his or
613 her own name or by any other person for his or her use or
614 benefit, excluding public salary. However, this shall not be
615 construed to require disclosure of a business partner’s sources
616 of income. The person reporting shall list such sources in
617 descending order of value with the largest source first;
618 2. All sources of income to a business entity in excess of
619 10 percent of the gross income of a business entity in which the
620 reporting person held a material interest and from which he or
621 she received gross income exceeding $5,000 during the disclosure
622 period. The period for computing the gross income of the
623 business entity is the fiscal year of the business entity which
624 ended on, or immediately prior to, the end of the disclosure
625 period of the person reporting;
626 3. The location or description of real property in this
627 state, except for residence and vacation homes, owned directly
628 or indirectly by the person reporting, when such person owns in
629 excess of 5 percent of the value of such real property, and a
630 general description of any intangible personal property worth in
631 excess of $10,000. For the purpose of this paragraph, indirect
632 ownership does not include ownership by a spouse or minor child;
633 and
634 4. Every liability in excess of $10,000.
635
636 A person filing a statement of financial interests shall
637 indicate on the statement whether he or she is using the method
638 specified in paragraph (a) or paragraph (b).
639 (4) The commission may not request, and a local or state
640 officer or specified state employee may not provide, in any
641 filing or submission, a federal income tax return or a copy
642 thereof; a social security number; a bank, mortgage, or
643 brokerage account number; a debit, charge, or credit card
644 number; a personal identification number; a taxpayer
645 identification number; or any other personal or account
646 information that is legally protected from disclosure under
647 state or federal law. Once the electronic filing system is
648 implemented, if a public officer, candidate, or other person
649 voluntarily provides such information, the information is not
650 subject to any confidentiality or public records exemptions
651 found in s. 119.071. The commission shall redact a filer’s
652 social security number; bank, mortgage, or brokerage account
653 number; debit, charge, or credit card number; or any other
654 personal or account information that is legally protected from
655 disclosure under state or federal law upon written notification
656 from the filer of its inadvertent inclusion. Such notice must
657 specify the information inadvertently included and the specific
658 section or sections of the disclosure in which it was included.
659 (5) Beginning January 1, 2015, An officer who is required
660 to complete annual ethics training pursuant to s. 112.3142 must
661 certify on his or her statement of financial interests that he
662 or she has completed the required training.
663 (6)(5) Each elected constitutional officer, state officer,
664 local officer, and specified state employee shall file a
665 quarterly report of the names of clients represented for a fee
666 or commission, except for appearances in ministerial matters,
667 before agencies at his or her level of government. For the
668 purposes of this part, agencies of government shall be
669 classified as state-level agencies or agencies below state
670 level. Each local officer shall file such report with the
671 supervisor of elections of the county in which the officer is
672 principally employed or is a resident. Each state officer,
673 elected constitutional officer, and specified state employee
674 shall file such report with the commission. The report shall be
675 filed only when a reportable representation is made during the
676 calendar quarter and shall be filed no later than the last day
677 of each calendar quarter, for the previous calendar quarter.
678 Representation before any agency shall be deemed to include
679 representation by such officer or specified state employee or by
680 any partner or associate of the professional firm of which he or
681 she is a member and of which he or she has actual knowledge. For
682 the purposes of this subsection, the term “representation before
683 any agency” does not include appearances before any court or the
684 Deputy Chief Judge of Compensation Claims or judges of
685 compensation claims or representations on behalf of one’s agency
686 in one’s official capacity. Such term does not include the
687 preparation and filing of forms and applications merely for the
688 purpose of obtaining or transferring a license based on a quota
689 or a franchise of such agency or a license or operation permit
690 to engage in a profession, business, or occupation, so long as
691 the issuance or granting of such license, permit, or transfer
692 does not require substantial discretion, a variance, a special
693 consideration, or a certificate of public convenience and
694 necessity.
695 (7)(6) Each elected constitutional officer and each
696 candidate for such office, any other public officer required
697 pursuant to s. 8, Art. II of the State Constitution to file a
698 full and public disclosure of his or her financial interests,
699 and each state officer, local officer, specified state employee,
700 and candidate for elective public office who is or was during
701 the disclosure period an officer, director, partner, proprietor,
702 or agent, other than a resident agent solely for service of
703 process, of, or owns or owned during the disclosure period a
704 material interest in, any business entity which is granted a
705 privilege to operate in this state shall disclose such facts as
706 a part of the disclosure form filed pursuant to s. 8, Art. II of
707 the State Constitution or this section, as applicable. The
708 statement shall give the name, address, and principal business
709 activity of the business entity and shall state the position
710 held with such business entity or the fact that a material
711 interest is owned and the nature of that interest.
712 (8)(7) Forms for compliance with the disclosure
713 requirements of this section and a current list of persons
714 subject to disclosure shall be created by the commission and
715 provided to each supervisor of elections. The commission and
716 each supervisor of elections shall give notice of disclosure
717 deadlines and delinquencies and distribute forms in the
718 following manner:
719 (a)1. Not later than May 1 of each year, the commission
720 shall prepare a current list of the names, e-mail addresses, and
721 physical addresses of, and the offices or positions held by,
722 every state officer, local officer, and specified employee. In
723 compiling the list, the commission shall be assisted by Each
724 unit of government shall assist the commission in compiling the
725 list by in providing to the commission not later than February 1
726 of each year , at the request of the commission, the name, e
727 mail address, physical address, and name of agency of, and the
728 office or position held by, each state officer, local officer,
729 or specified state employee within the respective unit of
730 government as of December 31 of the preceding year.
731 2. Not later than May 15 of each year, the commission shall
732 provide each supervisor of elections with a current mailing list
733 of all local officers required to file with such supervisor of
734 elections.
735 (b) Not later than June 1 30 days before July 1 of each
736 year, the commission and each supervisor of elections, as
737 appropriate, shall distribute mail a copy of the form prescribed
738 for compliance with subsection (3) and a notice of all
739 applicable disclosure forms and filing deadlines to each person
740 required to file a statement of financial interests. Beginning
741 January 1, 2023, notice required under this paragraph must be
742 delivered by e-mail or other electronic means.
743 (c) Not later than August 1 30 days after July 1 of each
744 year, the commission and each supervisor of elections shall
745 determine which persons required to file a statement of
746 financial interests in their respective offices have failed to
747 do so and shall send delinquency notices by certified mail,
748 return receipt requested, to these persons. Each notice must
749 shall state that a grace period is in effect until September 1
750 of the current year; that no investigative or disciplinary
751 action based upon the delinquency will be taken by the agency
752 head or commission if the statement is filed by September 1 of
753 the current year; that, if the statement is not filed by
754 September 1 of the current year, a fine of $25 for each day late
755 will be imposed, up to a maximum penalty of $1,500; for notices
756 distributed sent by a supervisor of elections, that he or she is
757 required by law to notify the commission of the delinquency; and
758 that, if upon the filing of a sworn complaint the commission
759 finds that the person has failed to timely file the statement
760 within 60 days after September 1 of the current year, such
761 person will also be subject to the penalties provided in s.
762 112.317. Beginning January 1, 2023, notice required under this
763 paragraph must be delivered by e-mail or other electronic means
764 and must be redelivered on a weekly basis so long as a person
765 remains delinquent.
766 (d) No later than November 15 of each year, the supervisor
767 of elections in each county shall certify to the commission a
768 list of the names and addresses of, and the offices or positions
769 held by, all persons who have failed to timely file the required
770 statements of financial interests. The certification must
771 include the earliest of the dates described in subparagraph
772 (g)1. (f)1. The certification shall be on a form prescribed by
773 the commission and shall indicate whether the supervisor of
774 elections has provided the disclosure forms and notice as
775 required by this subsection to all persons named on the
776 delinquency list.
777 (e) Statements must be received by the commission filed not
778 later than 5 p.m. of the due date. However, any statement that
779 is postmarked by the United States Postal Service by midnight of
780 the due date is deemed to have been filed in a timely manner,
781 and a certificate of mailing obtained from and dated by the
782 United States Postal Service at the time of the mailing, or a
783 receipt from an established courier company which bears a date
784 on or before the due date, constitutes proof of mailing in a
785 timely manner. Beginning January 1, 2023, upon request of the
786 filer, the commission must provide verification to the filer
787 that the commission has received the submitted statement.
788 (f) Beginning January 1, 2023, the statement must be
789 accompanied by a declaration as provided in s. 92.525(2) and an
790 electronic acknowledgement thereof.
791 (g) Any person who is required to file a statement of
792 financial interests and whose name is on the commission’s
793 mailing list, and to whom notice has been sent, but who fails to
794 timely file is assessed a fine of $25 per day for each day late
795 up to a maximum of $1,500; however, this $1,500 limitation on
796 automatic fines does not limit the civil penalty that may be
797 imposed if the statement is filed more than 60 days after the
798 deadline and a complaint is filed, as provided in s. 112.324.
799 The commission must provide by rule the grounds for waiving the
800 fine and procedures by which each person whose name is on the
801 mailing list and who is determined to have not filed in a timely
802 manner will be notified of assessed fines and may appeal. The
803 rule must provide for and make specific the following:
804 1. The amount of the fine due is based upon the earliest of
805 the following:
806 a. When a statement is actually received by the office.
807 b. When the statement is postmarked.
808 c. When the certificate of mailing is dated.
809 d. When the receipt from an established courier company is
810 dated.
811 2. For a specified state employee or a state officer, upon
812 receipt of the disclosure statement by the commission or upon
813 accrual of the maximum penalty, whichever occurs first, and for
814 a local officer upon receipt by the commission of the
815 certification from the local officer’s supervisor of elections
816 pursuant to paragraph (d), the commission shall determine the
817 amount of the fine which is due and shall notify the delinquent
818 person. The notice must include an explanation of the appeal
819 procedure under subparagraph 3. The fine must be paid within 30
820 days after the notice of payment due is transmitted, unless
821 appeal is made to the commission pursuant to subparagraph 3. The
822 moneys are to be deposited into the General Revenue Fund.
823 3. Any reporting person may appeal or dispute a fine, based
824 upon unusual circumstances surrounding the failure to file on
825 the designated due date, and may request and is entitled to a
826 hearing before the commission, which may waive the fine in whole
827 or in part for good cause shown. Any such request must be in
828 writing and received by the commission made within 30 days after
829 the notice of payment due is transmitted. In such a case, the
830 reporting person must, within the 30-day period, notify the
831 person designated to review the timeliness of reports in writing
832 of his or her intention to bring the matter before the
833 commission. For purposes of this subparagraph, the term “unusual
834 circumstances” does not include the failure to monitor an e-mail
835 account or failure to receive notice if the person has not
836 notified the commission of a change in his or her e-mail
837 address.
838 (h)(g) Any state officer, local officer, or specified
839 employee whose name is not on the mailing list of persons
840 required to file an annual statement of financial interests is
841 not subject to the penalties provided in s. 112.317 or the fine
842 provided in this section for failure to timely file a statement
843 of financial interests in any year in which the omission
844 occurred, but nevertheless is required to file the disclosure
845 statement.
846 (i)(h) The notification requirements and fines of this
847 subsection do not apply to candidates or to the first or final
848 filing required of any state officer, specified employee, or
849 local officer as provided in paragraph (2)(b).
850 (j)(i) Notwithstanding any provision of chapter 120, any
851 fine imposed under this subsection which is not waived by final
852 order of the commission and which remains unpaid more than 60
853 days after the notice of payment due or more than 60 days after
854 the commission renders a final order on the appeal must be
855 submitted to the Department of Financial Services as a claim,
856 debt, or other obligation owed to the state, and the department
857 shall assign the collection of such a fine to a collection agent
858 as provided in s. 17.20.
859 (9)(a)(8)(a) The appointing official or body shall notify
860 each newly appointed local officer, state officer, or specified
861 state employee, not later than the date of appointment, of the
862 officer’s or employee’s duty to comply with the disclosure
863 requirements of this section. The agency head of each employing
864 agency shall notify each newly employed local officer or
865 specified state employee, not later than the day of employment,
866 of the officer’s or employee’s duty to comply with the
867 disclosure requirements of this section. The appointing official
868 or body or employing agency head may designate a person to be
869 responsible for the notification requirements of this paragraph.
870 (b) The agency head of the agency of each local officer,
871 state officer, or specified state employee who is required to
872 file a statement of financial interests for the final disclosure
873 period shall notify such persons of their obligation to file the
874 final disclosure and may designate a person to be responsible
875 for the notification requirements of this paragraph.
876 (c) If a person holding public office or public employment
877 fails or refuses to file an annual statement of financial
878 interests for any year in which the person received notice from
879 the commission regarding the failure to file and has accrued the
880 maximum automatic fine authorized under this section, regardless
881 of whether the fine imposed was paid or collected, the
882 commission shall initiate an investigation and conduct a public
883 hearing without receipt of a complaint to determine whether the
884 person’s failure to file is willful. Such investigation and
885 hearing must be conducted in accordance with s. 112.324. Except
886 as provided in s. 112.324(4), if the commission determines that
887 the person willfully failed to file a statement of financial
888 interests, the commission shall enter an order recommending that
889 the officer or employee be removed from his or her public office
890 or public employment. The commission shall forward its
891 recommendation as provided in s. 112.324.
892 (10)(9) A public officer who has filed a disclosure for any
893 calendar or fiscal year shall not be required to file a second
894 disclosure for the same year or any part thereof,
895 notwithstanding any requirement of this act, except that any
896 public officer who qualifies as a candidate for public office
897 shall file a copy of the disclosure with the officer before whom
898 he or she qualifies as a candidate at the time of qualification.
899 (11)(a)(10)(a) The commission shall treat an amendment to
900 an amended annual statement of financial interests which is
901 filed before September 1 of the year in which the statement is
902 due as part of the original filing, regardless of whether a
903 complaint has been filed. If a complaint alleges only an
904 immaterial, inconsequential, or de minimis error or omission,
905 the commission may not take any action on the complaint other
906 than notifying the filer of the complaint. The filer must be
907 given 30 days to file an amendment to the amended statement of
908 financial interests correcting any errors. If the filer does not
909 file an amendment to the amended statement of financial
910 interests within 30 days after the commission sends notice of
911 the complaint, the commission may continue with proceedings
912 pursuant to s. 112.324.
913 (b) For purposes of the final statement of financial
914 interests, the commission shall treat an amendment to a new
915 final statement of financial interests as part of the original
916 filing, if filed within 60 days of the original filing
917 regardless of whether a complaint has been filed. If, more than
918 60 days after a final statement of financial interests is filed,
919 a complaint is filed alleging a complete omission of any
920 information required to be disclosed by this section, the
921 commission may immediately follow the complaint procedures in s.
922 112.324. However, if the complaint alleges an immaterial,
923 inconsequential, or de minimis error or omission, the commission
924 may not take any action on the complaint other than notifying
925 the filer of the complaint. The filer must be given 30 days to
926 file an amendment to the a new final statement of financial
927 interests correcting any errors. If the filer does not file an
928 amendment to the a new final statement of financial interests
929 within 30 days after the commission sends notice of the
930 complaint, the commission may continue with proceedings pursuant
931 to s. 112.324.
932 (c) For purposes of this section, an error or omission is
933 immaterial, inconsequential, or de minimis if the original
934 filing provided sufficient information for the public to
935 identify potential conflicts of interest. However, failure to
936 certify completion of annual ethics training required under s.
937 112.3142 does not constitute an immaterial, inconsequential, or
938 de minimis error or omission.
939 (12)(a)(11)(a) An individual required to file a statement
940 disclosure pursuant to this section may have the statement
941 disclosure prepared by an attorney in good standing with The
942 Florida Bar or by a certified public accountant licensed under
943 chapter 473. After preparing a statement disclosure form, the
944 attorney or certified public accountant must sign the form
945 indicating that he or she prepared the form in accordance with
946 this section and the instructions for completing and filing the
947 disclosure forms and that, upon his or her reasonable knowledge
948 and belief, the disclosure is true and correct. If a complaint
949 is filed alleging a failure to disclose information required by
950 this section, the commission shall determine whether the
951 information was disclosed to the attorney or certified public
952 accountant. The failure of the attorney or certified public
953 accountant to accurately transcribe information provided by the
954 individual who is required to file the statement disclosure does
955 not constitute a violation of this section.
956 (b) An elected officer or candidate who chooses to use an
957 attorney or a certified public accountant to prepare his or her
958 statement disclosure may pay for the services of the attorney or
959 certified public accountant from funds in an office account
960 created pursuant to s. 106.141 or, during a year that the
961 individual qualifies for election to public office, the
962 candidate’s campaign depository pursuant to s. 106.021.
963 (13)(12) The commission shall adopt rules and forms
964 specifying how a state officer, local officer, or specified
965 state employee may amend his or her statement of financial
966 interests to report information that was not included on the
967 form as originally filed. If the amendment is the subject of a
968 complaint filed under this part, the commission and the proper
969 disciplinary official or body shall consider as a mitigating
970 factor when considering appropriate disciplinary action the fact
971 that the amendment was filed before any complaint or other
972 inquiry or proceeding, while recognizing that the public was
973 deprived of access to information to which it was entitled.
974 Section 5. Section 112.31455, Florida Statutes, is amended
975 to read:
976 112.31455 Collection methods for unpaid automatic fines for
977 failure to timely file disclosure of financial interests.—
978 (1) Before referring any unpaid fine accrued pursuant to s.
979 112.3144(7) or s. 112.3145(8) s. 112.3144(5) or s. 112.3145(7)
980 to the Department of Financial Services, the commission shall
981 attempt to determine whether the individual owing such a fine is
982 a current public officer or current public employee. If so, the
983 commission may notify the Chief Financial Officer or the
984 governing body of the appropriate county, municipality, or
985 special district of the total amount of any fine owed to the
986 commission by such individual.
987 (a) After receipt and verification of the notice from the
988 commission, the Chief Financial Officer or the governing body of
989 the county, municipality, or special district shall begin
990 withholding the lesser of 10 percent or the maximum amount
991 allowed under federal law from any salary-related payment. The
992 withheld payments shall be remitted to the commission until the
993 fine is satisfied.
994 (b) The Chief Financial Officer or the governing body of
995 the county, municipality, or special district may retain an
996 amount of each withheld payment, as provided in s. 77.0305, to
997 cover the administrative costs incurred under this section.
998 (2) If the commission determines that the individual who is
999 the subject of an unpaid fine accrued pursuant to s. 112.3144(7)
1000 or s. 112.3145(8) s. 112.3144(5) or s. 112.3145(7) is no longer
1001 a public officer or public employee or if the commission is
1002 unable to determine whether the individual is a current public
1003 officer or public employee, the commission may, 6 months after
1004 the order becomes final, seek garnishment of any wages to
1005 satisfy the amount of the fine, or any unpaid portion thereof,
1006 pursuant to chapter 77. Upon recording the order imposing the
1007 fine with the clerk of the circuit court, the order shall be
1008 deemed a judgment for purposes of garnishment pursuant to
1009 chapter 77.
1010 (3) The commission may refer unpaid fines to the
1011 appropriate collection agency, as directed by the Chief
1012 Financial Officer, to utilize any collection methods provided by
1013 law. Except as expressly limited by this section, any other
1014 collection methods authorized by law are allowed.
1015 (4) Action may be taken to collect any unpaid fine imposed
1016 by ss. 112.3144 and 112.3145 within 20 years after the date the
1017 final order is rendered.
1018 Section 6. Except as otherwise expressly provided in this
1019 act, this act shall take effect upon becoming a law.
1020
1021 ================= T I T L E A M E N D M E N T ================
1022 And the title is amended as follows:
1023 Delete everything before the enacting clause
1024 and insert:
1025 A bill to be entitled
1026 An act relating to financial disclosure; creating s.
1027 112.31446, F.S.; providing definitions; requiring the
1028 Commission on Ethics to procure and test an electronic
1029 filing system by a certain date; providing minimum
1030 requirements for such system; providing duties for
1031 units of government, the commission, and persons
1032 required to file specified financial disclosure forms;
1033 providing for alternative means of filing in the event
1034 the electronic filing system is inoperable; amending
1035 s. 112.312, F.S.; revising the definition of the term
1036 “disclosure period”; amending s. 112.3144, F.S.;
1037 requiring the electronic filing of full and public
1038 disclosures of financial interests beginning on a
1039 specified date; revising requirements with respect to
1040 reporting income; prohibiting the commission from
1041 requesting, accepting, or retaining certain
1042 information; providing for the redaction of protected
1043 information if certain conditions are met; modifying
1044 requirements regarding preparation of the list of
1045 reporting persons; requiring electronic delivery for
1046 certain notices; requiring the commission to provide
1047 certain verification to a filer upon request;
1048 requiring a declaration be submitted with a
1049 disclosure; specifying that certain actions do not
1050 constitute an unusual circumstance when appealing or
1051 disputing a fine; revising a schedule to the State
1052 Constitution; amending s. 112.3145, F.S.; revising the
1053 definition of the term “specified state employee”;
1054 requiring the electronic filing of statements of
1055 financial interests beginning on a specified date;
1056 modifying the options for reporting thresholds on a
1057 statement of financial interests; prohibiting the
1058 commission from requesting, accepting, or retaining
1059 certain information; providing for the redaction of
1060 protected information if certain conditions are met;
1061 modifying requirements regarding preparation of the
1062 list of reporting persons; requiring electronic
1063 delivery for certain notices; requiring the commission
1064 to provide certain verification to a filer upon
1065 request; requiring a declaration be submitted with a
1066 statement; specifying that certain actions do not
1067 constitute an unusual circumstance when appealing or
1068 disputing a fine; amending s. 112.31455, F.S.;
1069 conforming cross-references to changes made by the
1070 act; providing effective dates.