Florida Senate - 2019                             CS for SB 7040
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Ethics and Elections
       
       
       
       
       585-03507-19                                          20197040c1
    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         authorizing the extension of the financial disclosure
   10         filing deadline under certain circumstances; 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; providing procedures for the filing of
   16         a full and public disclosure for purposes of candidate
   17         qualifying; revising requirements with respect to
   18         reporting income; prohibiting the commission from
   19         requesting, accepting, or retaining certain
   20         information; prohibiting a filer from including
   21         certain information in a full and public disclosure;
   22         providing for the redaction of protected information
   23         if certain conditions are met; prescribing the form of
   24         a notice for the commission to post in the
   25         instructions for the electronic filing system;
   26         modifying requirements regarding preparation of the
   27         list of reporting persons; requiring electronic
   28         delivery for certain notices; requiring the commission
   29         to provide certain verification to a filer upon
   30         request; requiring a declaration be submitted with a
   31         disclosure; specifying that certain actions do not
   32         constitute an unusual circumstance when appealing or
   33         disputing a fine; revising a schedule to the State
   34         Constitution; amending s. 112.3145, F.S.; revising the
   35         definition of the term “specified state employee”;
   36         providing procedures for the filing of a statement of
   37         financial interests for purposes of candidate
   38         qualifying; requiring the electronic filing of
   39         statements of financial interests beginning on a
   40         specified date; modifying the options for reporting
   41         thresholds on a statement of financial interests;
   42         prohibiting the commission from requesting, accepting,
   43         or retaining certain information; prohibiting a filer
   44         from including certain information in a statement of
   45         financial interests; providing for the redaction of
   46         protected information if certain conditions are met;
   47         prescribing the form of a notice for the commission to
   48         post in the instructions for the electronic filing
   49         system; modifying requirements regarding preparation
   50         of the list of reporting persons; requiring electronic
   51         delivery for certain notices; requiring the commission
   52         to provide certain verification to a filer upon
   53         request; requiring a declaration be submitted with a
   54         statement; specifying that certain actions do not
   55         constitute an unusual circumstance when appealing or
   56         disputing a fine; amending s. 112.31455, F.S.;
   57         conforming cross-references to changes made by the
   58         act; providing effective dates.
   59          
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Section 112.31446, Florida Statutes, is created
   63  to read:
   64         112.31446Electronic filing system for financial
   65  disclosure.—
   66         (1)As used in this section, the term:
   67         (a) “Disclosure of financial interests” or “disclosure”
   68  includes a full and public disclosure of financial interests and
   69  a final full and public disclosure of financial interests, and
   70  any amendments thereto.
   71         (b) “Electronic filing system” means an Internet-based
   72  system for receiving, reporting, and publishing disclosures of
   73  financial interests, statements of financial interests, or any
   74  other form that is required under s. 112.3144 or s. 112.3145.
   75         (c) “Statement of financial interests” or “statement”
   76  includes a statement of financial interests and a final
   77  statement of financial interests, and any amendments thereto.
   78         (2)By January 1, 2022, the commission shall procure and
   79  test an electronic filing system. At a minimum, the electronic
   80  filing system must:
   81         (a)Provide access through the Internet for the completion
   82  and submission of disclosures of financial interests, statements
   83  of financial interests, or any other form that is required under
   84  s. 112.3144 or s. 112.3145.
   85         (b) Make filings available in searchable format that is
   86  accessible by an individual using standard Internet-browsing
   87  software.
   88         (c)Issue a verification or receipt that the commission has
   89  received the submitted disclosure or statement.
   90         (d)Provide security that prevents unauthorized access to
   91  the electronic filing system’s functions or data.
   92         (e)Provide a method for an attorney or a certified public
   93  accountant licensed in this state to complete the disclosure or
   94  statement and certify that he or she prepared the disclosure or
   95  statement in accordance with s. 112.3144 or s. 112.3145 and the
   96  instructions for completing the disclosure or statement, and
   97  that, upon his or her reasonable knowledge and belief, the
   98  information on the disclosure or statement is true and correct.
   99         (3)Each unit of government shall provide an e-mail address
  100  to any of its officers, members, or employees who must file a
  101  disclosure of financial interests or a statement of financial
  102  interests, and provide such e-mail addresses to the commission
  103  by February 1 of each year. A person required to file a
  104  disclosure of financial interests or statement of financial
  105  interests must inform the commission immediately of any change
  106  in his or her e-mail address.
  107         (4)The commission shall provide each person required to
  108  file a disclosure of financial interests or statement of
  109  financial interests a secure log-in to the electronic filing
  110  system. Such person is responsible for protecting his or her
  111  secure log-in credentials from disclosure and is responsible for
  112  all filings submitted to the commission with such credentials,
  113  unless the person has notified the commission that his or her
  114  credentials have been compromised.
  115         (5)If the electronic filing system is inoperable and
  116  prevents timely submission of disclosures of financial interests
  117  or statements of financial interests, as determined by the
  118  commission chair, or if the Governor has declared a state of
  119  emergency and a person required to submit a disclosure resides
  120  in an area included in the state of emergency and is prevented
  121  from submitting the disclosure electronically, the commission
  122  chair must extend the filing deadline for submission by such
  123  persons of disclosures or statements by either the same period
  124  of time for which the system was deemed inoperable or by 90 days
  125  for persons who reside in an area included in a state of
  126  emergency, whichever is applicable.
  127         Section 2. Effective January 1, 2020, subsection (10) of
  128  section 112.312, Florida Statutes, is amended to read:
  129         112.312 Definitions.—As used in this part and for purposes
  130  of the provisions of s. 8, Art. II of the State Constitution,
  131  unless the context otherwise requires:
  132         (10) “Disclosure period” means the calendar taxable year,
  133  if disclosure is required for the entire year, or the portion of
  134  a calendar year ending with the last day of the period for which
  135  disclosure is required for the person or business entity,
  136  whether based on a calendar or fiscal year, immediately
  137  preceding the date on which, or the last day of the period
  138  during which, the financial disclosure statement required by
  139  this part is required to be filed.
  140         Section 3. Section 112.3144, Florida Statutes, is amended
  141  to read:
  142         112.3144 Full and public disclosure of financial
  143  interests.—
  144         (1) An officer who is required by s. 8, Art. II of the
  145  State Constitution to file a full and public disclosure of his
  146  or her financial interests for any calendar or fiscal year, or
  147  any other person required by law to file a disclosure under this
  148  section, shall file that disclosure with the Florida Commission
  149  on Ethics. Additionally, beginning January 1, 2015, an officer
  150  who is required to complete annual ethics training pursuant to
  151  s. 112.3142 must certify on his or her full and public
  152  disclosure of financial interests that he or she has completed
  153  the required training.
  154         (2) Beginning January 1, 2022, a full and public disclosure
  155  of financial interests and a final full and public disclosure of
  156  financial interests, and amendments thereto, or any other form
  157  required by this section, must be filed electronically with the
  158  Commission through an electronic filing system created and
  159  maintained by the commission as provided in s. 112.31446.
  160         (3) A person who is required, pursuant to s. 8, Art. II of
  161  the State Constitution, to file a full and public disclosure of
  162  financial interests and who has filed a full and public
  163  disclosure of financial interests for any calendar or fiscal
  164  year shall not be required to file a statement of financial
  165  interests pursuant to s. 112.3145(2) and (3) for the same year
  166  or for any part thereof notwithstanding any requirement of this
  167  part. Until the electronic filing system required by subsection
  168  (2) is implemented, if an incumbent in an elective office has
  169  filed the full and public disclosure of financial interests to
  170  qualify for election to the same office or if a candidate for
  171  office holds another office subject to the annual filing
  172  requirement, the qualifying officer shall forward an electronic
  173  copy of the full and public disclosure of financial interests to
  174  the commission no later than July 1. The electronic copy of the
  175  full and public disclosure of financial interests satisfies the
  176  annual disclosure requirement of this section. A candidate who
  177  does not qualify until after the annual full and public
  178  disclosure of financial interests has been filed pursuant to
  179  this section shall file a copy of his or her disclosure with the
  180  officer before whom he or she qualifies.
  181         (4) Beginning January 1, 2022, an incumbent in an elective
  182  office or a candidate holding another position subject to an
  183  annual filing requirement may submit either a copy of the
  184  disclosure filed with the Commission, or a verification or
  185  receipt of the filing or submission, with the officer before
  186  whom they qualify. A candidate not subject to an annual filing
  187  requirement does not file with the commission, but may complete
  188  and print a full and public disclosure of financial interests to
  189  file with the officer before whom he or she qualifies.
  190         (5)(3) For purposes of full and public disclosure under s.
  191  8(a), Art. II of the State Constitution, the following items, if
  192  not held for investment purposes and if valued at over $1,000 in
  193  the aggregate, may be reported in a lump sum and identified as
  194  “household goods and personal effects”:
  195         (a) Jewelry;
  196         (b) Collections of stamps, guns, and numismatic properties;
  197         (c) Art objects;
  198         (d) Household equipment and furnishings;
  199         (e) Clothing;
  200         (f) Other household items; and
  201         (g) Vehicles for personal use.
  202         (6)(a)(4)(a) With respect to reporting, on forms prescribed
  203  under this section, assets valued in excess of $1,000 which the
  204  reporting individual holds jointly with another person, the
  205  amount reported shall be based on the reporting individual’s
  206  legal percentage of ownership in the property. However, assets
  207  that are held jointly, with right of survivorship, must be
  208  reported at 100 percent of the value of the asset. For purposes
  209  of this subsection, a reporting individual is deemed to own a
  210  percentage of a partnership which is equal to the reporting
  211  individual’s interest in the capital or equity of the
  212  partnership.
  213         (b)1. With respect to reporting, on forms prescribed under
  214  this section, liabilities valued in excess of $1,000 on forms
  215  prescribed under this section for which the reporting individual
  216  is jointly and severally liable, the amount reported shall be
  217  based on the reporting individual’s percentage of liability
  218  rather than the total amount of the liability. However,
  219  liability for a debt that is secured by property owned by the
  220  reporting individual but that is held jointly, with right of
  221  survivorship, must be reported at 100 percent of the total
  222  amount owed.
  223         2. A separate section of the form shall be created to
  224  provide for the reporting of the amounts of joint and several
  225  liability of the reporting individual not otherwise reported in
  226  subparagraph 1.
  227         (c) With respect to reporting income, on forms prescribed
  228  under this section, each separate source and amount of income
  229  which exceeds $1,000 must be identified. A federal income tax
  230  return may not be used for purposes of reporting income, and the
  231  commission may not accept a federal income tax return or a copy
  232  thereof.
  233         (7)(a)The commission may not request, in any filing or
  234  submission, a federal income tax return, or a copy thereof; a
  235  social security number; a bank, mortgage, or brokerage account
  236  number; a debit, charge, or credit card number; a personal
  237  identification number; a taxpayer identification number; or any
  238  other personal or account information that is legally protected
  239  from disclosure under state or federal law.
  240         (b) Beginning January 1, 2022, a public officer, a
  241  candidate, or any other person may not include in a filing or
  242  submission to the commission any of the information specified in
  243  paragraph (a). If a public officer, a candidate, or other person
  244  includes such information in his or her filing or submission,
  245  the information may be made available as part of the official
  246  records of the commission available for public inspection and
  247  copying unless redaction is requested by the filer. The
  248  commission is not liable for the release of social security
  249  numbers or bank account, debit, charge, or credit card numbers
  250  that are included on a filing or submission to the commission if
  251  the holder has not requested redaction of the information.
  252         (c)The commission shall redact a filer’s social security
  253  number; bank, mortgage, or brokerage account number; debit,
  254  charge, or credit card number; or any other personal or account
  255  information that is legally protected from disclosure under
  256  state or federal law upon written notification from the filer of
  257  its inadvertent inclusion. Such notice must specify the
  258  information inadvertently included and the specific section or
  259  sections of the disclosure in which it was included.
  260         (d) The commission must conspicuously post a notice, in
  261  substantially the following form, in the instructions for the
  262  electronic filing system specifying that:
  263         1. Any person submitting information through the electronic
  264  filing system may not include a social security number or a bank
  265  account, debit, charge, or credit card number in any filing or
  266  submission unless required by law.
  267         2.All information submitted through the electronic filing
  268  system may be open to public inspection and copying.
  269         3.Any filer has a right to request the commission to
  270  remove from his or her filing or submission any social security
  271  number or bank, mortgage, or brokerage account number contained
  272  in the submission. Such request must be made in writing and
  273  delivered by mail or electronic transmission or in person to the
  274  commission. The request must specify the information to be
  275  redacted and the specific section or sections of the disclosure
  276  in which it was included.
  277         (8)(5) Forms or fields of information for compliance with
  278  the full and public disclosure requirements of s. 8, Art. II of
  279  the State Constitution shall be prescribed created by the
  280  commission on Ethics. The commission shall give notice of
  281  disclosure deadlines and delinquencies and distribute forms in
  282  the following manner:
  283         (a) Not later than May 1 of each year, the commission shall
  284  prepare a current list of the names, e-mail addresses, and
  285  physical addresses of and the offices held by every person
  286  required to file full and public disclosure annually by s. 8,
  287  Art. II of the State Constitution, or other state law. In
  288  compiling the list, the commission shall be assisted by Each
  289  unit of government shall assist the commission in compiling the
  290  list by in providing to the commission not later than February 1
  291  of each year at the request of the commission the name, e-mail
  292  address, physical address, and name of the office held by such
  293  person each public official within the respective unit of
  294  government as of December 31 of the preceding year.
  295         (b) Not later than June 1 30 days before July 1 of each
  296  year, the commission shall distribute mail a copy of the form
  297  prescribed for compliance with full and public disclosure and a
  298  notice of the filing deadline to each person on the mailing
  299  list. Beginning January 1, 2022, the notice required under this
  300  paragraph must be delivered by e-mail or other electronic means.
  301         (c) Not later than August 1 30 days after July 1 of each
  302  year, the commission shall determine which persons on the
  303  mailing list have failed to file full and public disclosure and
  304  shall send delinquency notices by certified mail to such
  305  persons. Each notice must shall state that a grace period is in
  306  effect until September 1 of the current year. Beginning January
  307  1, 2022, the notice required under this paragraph must be
  308  delivered by e-mail or other electronic means and must be
  309  redelivered on a weekly basis so long as a person remains
  310  delinquent.
  311         (d) Disclosures Statements must be received by the
  312  commission filed not later than 5 p.m. of the due date. However,
  313  any disclosure statement that is postmarked by the United States
  314  Postal Service by midnight of the due date is deemed to have
  315  been filed in a timely manner, and a certificate of mailing
  316  obtained from and dated by the United States Postal Service at
  317  the time of the mailing, or a receipt from an established
  318  courier company which bears a date on or before the due date,
  319  constitutes proof of mailing in a timely manner. Beginning
  320  January 1, 2022, upon request of the filer, the commission must
  321  provide verification to the filer that the commission has
  322  received the submitted disclosure.
  323         (e) Beginning January 1, 2022, a written declaration, as
  324  provided for under s. 92.525(2), accompanied by an electronic
  325  signature satisfies the requirement that the disclosure be
  326  sworn.
  327         (f) Any person who is required to file full and public
  328  disclosure of financial interests and whose name is on the
  329  commission’s mailing list, and to whom notice has been sent, but
  330  who fails to timely file is assessed a fine of $25 per day for
  331  each day late up to a maximum of $1,500; however this $1,500
  332  limitation on automatic fines does not limit the civil penalty
  333  that may be imposed if the statement is filed more than 60 days
  334  after the deadline and a complaint is filed, as provided in s.
  335  112.324. The commission must provide by rule the grounds for
  336  waiving the fine and the procedures by which each person whose
  337  name is on the mailing list and who is determined to have not
  338  filed in a timely manner will be notified of assessed fines and
  339  may appeal. The rule must provide for and make specific the
  340  following:
  341         1. The amount of the fine due is based upon the earliest of
  342  the following:
  343         a. When a statement is actually received by the office.
  344         b. When the statement is postmarked.
  345         c. When the certificate of mailing is dated.
  346         d. When the receipt from an established courier company is
  347  dated.
  348         2. Upon receipt of the disclosure statement or upon accrual
  349  of the maximum penalty, whichever occurs first, the commission
  350  shall determine the amount of the fine which is due and shall
  351  notify the delinquent person. The notice must include an
  352  explanation of the appeal procedure under subparagraph 3. Such
  353  fine must be paid within 30 days after the notice of payment due
  354  is transmitted, unless appeal is made to the commission pursuant
  355  to subparagraph 3. The moneys shall be deposited into the
  356  General Revenue Fund.
  357         3. Any reporting person may appeal or dispute a fine, based
  358  upon unusual circumstances surrounding the failure to file on
  359  the designated due date, and may request and is entitled to a
  360  hearing before the commission, which may waive the fine in whole
  361  or in part for good cause shown. Any such request must be in
  362  writing and received by the commission made within 30 days after
  363  the notice of payment due is transmitted. In such a case, the
  364  reporting person must, within the 30-day period, notify the
  365  person designated to review the timeliness of reports in writing
  366  of his or her intention to bring the matter before the
  367  commission. For purposes of this subparagraph, the term “unusual
  368  circumstances” does not include the failure to monitor an e-mail
  369  account or failure to receive notice if the person has not
  370  notified the commission of a change in his or her e-mail
  371  address.
  372         (g)(f) Any person subject to the annual filing of full and
  373  public disclosure under s. 8, Art. II of the State Constitution,
  374  or other state law, whose name is not on the commission’s
  375  mailing list of persons required to file full and public
  376  disclosure is not subject to the fines or penalties provided in
  377  this part for failure to file full and public disclosure in any
  378  year in which the omission occurred, but nevertheless is
  379  required to file the disclosure statement.
  380         (h)(g) The notification requirements and fines of this
  381  subsection do not apply to candidates or to the first filing
  382  required of any person appointed to elective constitutional
  383  office or other position required to file full and public
  384  disclosure, unless the person’s name is on the commission’s
  385  notification list and the person received notification from the
  386  commission. The appointing official shall notify such newly
  387  appointed person of the obligation to file full and public
  388  disclosure by July 1. The notification requirements and fines of
  389  this subsection do not apply to the final filing provided for in
  390  subsection (10) (7).
  391         (i)(h) Notwithstanding any provision of chapter 120, any
  392  fine imposed under this subsection which is not waived by final
  393  order of the commission and which remains unpaid more than 60
  394  days after the notice of payment due or more than 60 days after
  395  the commission renders a final order on the appeal must be
  396  submitted to the Department of Financial Services as a claim,
  397  debt, or other obligation owed to the state, and the department
  398  shall assign the collection of such fine to a collection agent
  399  as provided in s. 17.20.
  400         (9)(6) If a person holding public office or public
  401  employment fails or refuses to file a full and public disclosure
  402  of financial interests for any year in which the person received
  403  notice from the commission regarding the failure to file and has
  404  accrued the maximum automatic fine authorized under this
  405  section, regardless of whether the fine imposed was paid or
  406  collected, the commission shall initiate an investigation and
  407  conduct a public hearing without receipt of a complaint to
  408  determine whether the person’s failure to file is willful. Such
  409  investigation and hearing must be conducted in accordance with
  410  s. 112.324. Except as provided in s. 112.324(4), if the
  411  commission determines that the person willfully failed to file a
  412  full and public disclosure of financial interests, the
  413  commission shall enter an order recommending that the officer or
  414  employee be removed from his or her public office or public
  415  employment. The commission shall forward its recommendations as
  416  provided in s. 112.324.
  417         (10)(7) Each person required to file full and public
  418  disclosure of financial interests shall file a final disclosure
  419  statement within 60 days after leaving his or her public
  420  position for the period between January 1 of the year in which
  421  the person leaves and the last day of office or employment,
  422  unless within the 60-day period the person takes another public
  423  position requiring financial disclosure under s. 8, Art. II of
  424  the State Constitution, or is otherwise required to file full
  425  and public disclosure for the final disclosure period. The head
  426  of the agency of each person required to file full and public
  427  disclosure for the final disclosure period shall notify such
  428  persons of their obligation to file the final disclosure and may
  429  designate a person to be responsible for the notification
  430  requirements of this subsection.
  431         (11)(a)(8)(a) The commission shall treat an amendment to a
  432  amended full and public disclosure of financial interests which
  433  is filed before September 1 of the year in which the disclosure
  434  is due as part of the original filing, regardless of whether a
  435  complaint has been filed. If a complaint alleges only an
  436  immaterial, inconsequential, or de minimis error or omission,
  437  the commission may not take any action on the complaint other
  438  than notifying the filer of the complaint. The filer must be
  439  given 30 days to file an amendment to the amended full and
  440  public disclosure of financial interests correcting any errors.
  441  If the filer does not file an amendment to the amended full and
  442  public disclosure of financial interests within 30 days after
  443  the commission sends notice of the complaint, the commission may
  444  continue with proceedings pursuant to s. 112.324.
  445         (b) For purposes of the final full and public disclosure of
  446  financial interests, the commission shall treat an amendment to
  447  a new final full and public disclosure of financial interests as
  448  part of the original filing if filed within 60 days after the
  449  original filing, regardless of whether a complaint has been
  450  filed. If, more than 60 days after a final full and public
  451  disclosure of financial interests is filed, a complaint is filed
  452  alleging a complete omission of any information required to be
  453  disclosed by this section, the commission may immediately follow
  454  the complaint procedures in s. 112.324. However, if the
  455  complaint alleges an immaterial, inconsequential, or de minimis
  456  error or omission, the commission may not take any action on the
  457  complaint, other than notifying the filer of the complaint. The
  458  filer must be given 30 days to file an amendment to the a new
  459  final full and public disclosure of financial interests
  460  correcting any errors. If the filer does not file an amendment
  461  to the a new final full and public disclosure of financial
  462  interests within 30 days after the commission sends notice of
  463  the complaint, the commission may continue with proceedings
  464  pursuant to s. 112.324.
  465         (c) For purposes of this section, an error or omission is
  466  immaterial, inconsequential, or de minimis if the original
  467  filing provided sufficient information for the public to
  468  identify potential conflicts of interest. However, failure to
  469  certify completion of annual ethics training required under s.
  470  112.3142 does not constitute an immaterial, inconsequential, or
  471  de minimis error or omission.
  472         (12)(a)(9)(a) An individual required to file a disclosure
  473  pursuant to this section may have the disclosure prepared by an
  474  attorney in good standing with The Florida Bar or by a certified
  475  public accountant licensed under chapter 473. After preparing a
  476  disclosure form, the attorney or certified public accountant
  477  must sign the form indicating that he or she prepared the form
  478  in accordance with this section and the instructions for
  479  completing and filing the disclosure forms and that, upon his or
  480  her reasonable knowledge and belief, the disclosure is true and
  481  correct. If a complaint is filed alleging a failure to disclose
  482  information required by this section, the commission shall
  483  determine whether the information was disclosed to the attorney
  484  or certified public accountant. The failure of the attorney or
  485  certified public accountant to accurately transcribe information
  486  provided by the individual required to file is not a violation
  487  of this section.
  488         (b) An elected officer or candidate who chooses to use an
  489  attorney or a certified public accountant to prepare his or her
  490  disclosure may pay for the services of the attorney or certified
  491  public accountant from funds in an office account created
  492  pursuant to s. 106.141 or, during a year that the individual
  493  qualifies for election to public office, the candidate’s
  494  campaign depository pursuant to s. 106.021.
  495         (13)(10) The commission shall adopt rules and forms
  496  specifying how a person who is required to file full and public
  497  disclosure of financial interests may amend his or her
  498  disclosure statement to report information that was not included
  499  on the form as originally filed. If the amendment is the subject
  500  of a complaint filed under this part, the commission and the
  501  proper disciplinary official or body shall consider as a
  502  mitigating factor when considering appropriate disciplinary
  503  action the fact that the amendment was filed before any
  504  complaint or other inquiry or proceeding, while recognizing that
  505  the public was deprived of access to information to which it was
  506  entitled.
  507         (14)The provisions of this section constitute a revision
  508  to the schedule included in s. 8(i), Art. II of the State
  509  Constitution.
  510         Section 4. Section 112.3145, Florida Statutes, is amended
  511  to read:
  512         112.3145 Disclosure of financial interests and clients
  513  represented before agencies.—
  514         (1) For purposes of this section, unless the context
  515  otherwise requires, the term:
  516         (a) “Local officer” means:
  517         1. Every person who is elected to office in any political
  518  subdivision of the state, and every person who is appointed to
  519  fill a vacancy for an unexpired term in such an elective office.
  520         2. Any appointed member of any of the following boards,
  521  councils, commissions, authorities, or other bodies of any
  522  county, municipality, school district, independent special
  523  district, or other political subdivision of the state:
  524         a. The governing body of the political subdivision, if
  525  appointed;
  526         b. A community college or junior college district board of
  527  trustees;
  528         c. A board having the power to enforce local code
  529  provisions;
  530         d. A planning or zoning board, board of adjustment, board
  531  of appeals, community redevelopment agency board, or other board
  532  having the power to recommend, create, or modify land planning
  533  or zoning within the political subdivision, except for citizen
  534  advisory committees, technical coordinating committees, and such
  535  other groups who only have the power to make recommendations to
  536  planning or zoning boards;
  537         e. A pension board or retirement board having the power to
  538  invest pension or retirement funds or the power to make a
  539  binding determination of one’s entitlement to or amount of a
  540  pension or other retirement benefit; or
  541         f. Any other appointed member of a local government board
  542  who is required to file a statement of financial interests by
  543  the appointing authority or the enabling legislation, ordinance,
  544  or resolution creating the board.
  545         3. Any person holding one or more of the following
  546  positions: mayor; county or city manager; chief administrative
  547  employee of a county, municipality, or other political
  548  subdivision; county or municipal attorney; finance director of a
  549  county, municipality, or other political subdivision; chief
  550  county or municipal building code inspector; county or municipal
  551  water resources coordinator; county or municipal pollution
  552  control director; county or municipal environmental control
  553  director; county or municipal administrator, with power to grant
  554  or deny a land development permit; chief of police; fire chief;
  555  municipal clerk; district school superintendent; community
  556  college president; district medical examiner; or purchasing
  557  agent having the authority to make any purchase exceeding the
  558  threshold amount provided for in s. 287.017 for CATEGORY TWO
  559  ONE, on behalf of any political subdivision of the state or any
  560  entity thereof.
  561         (b) “Specified state employee” means:
  562         1. Public counsel created by chapter 350, an assistant
  563  state attorney, an assistant public defender, a criminal
  564  conflict and civil regional counsel, an assistant criminal
  565  conflict and civil regional counsel, a full-time state employee
  566  who serves as counsel or assistant counsel to any state agency,
  567  the Deputy Chief Judge of Compensation Claims, a judge of
  568  compensation claims, an administrative law judge, or a hearing
  569  officer.
  570         2. Any person employed in the office of the Governor or in
  571  the office of any member of the Cabinet if that person is exempt
  572  from the Career Service System, except persons employed in
  573  clerical, secretarial, or similar positions.
  574         3. The State Surgeon General or each appointed secretary,
  575  assistant secretary, deputy secretary, executive director,
  576  assistant executive director, or deputy executive director of
  577  each state department, commission, board, or council; unless
  578  otherwise provided, the division director, assistant division
  579  director, deputy director, and bureau chief, and assistant
  580  bureau chief of any state department or division; or any person
  581  having the power normally conferred upon such persons, by
  582  whatever title.
  583         4. The superintendent or institute director of a state
  584  mental health institute established for training and research in
  585  the mental health field or the warden or director of any major
  586  state institution or facility established for corrections,
  587  training, treatment, or rehabilitation.
  588         5. Business managers, purchasing agents having the power to
  589  make any purchase exceeding the threshold amount provided for in
  590  s. 287.017 for CATEGORY TWO ONE, finance and accounting
  591  directors, personnel officers, or grants coordinators for any
  592  state agency.
  593         6. Any person, other than a legislative assistant exempted
  594  by the presiding officer of the house by which the legislative
  595  assistant is employed, who is employed in the legislative branch
  596  of government, except persons employed in maintenance, clerical,
  597  secretarial, or similar positions.
  598         7. Each employee of the Commission on Ethics.
  599         (c) “State officer” means:
  600         1. Any elected public officer, excluding those elected to
  601  the United States Senate and House of Representatives, not
  602  covered elsewhere in this part and any person who is appointed
  603  to fill a vacancy for an unexpired term in such an elective
  604  office.
  605         2. An appointed member of each board, commission,
  606  authority, or council having statewide jurisdiction, excluding a
  607  member of an advisory body.
  608         3. A member of the Board of Governors of the State
  609  University System or a state university board of trustees, the
  610  Chancellor and Vice Chancellors of the State University System,
  611  and the president of a state university.
  612         4. A member of the judicial nominating commission for any
  613  district court of appeal or any judicial circuit.
  614         (2)(a) A person seeking nomination or election to a state
  615  or local elective office shall file a statement of financial
  616  interests together with, and at the same time he or she files,
  617  qualifying papers. When a candidate has qualified for office
  618  prior to the deadline to file an annual statement of financial
  619  interests, the statement of financial interests that is filed
  620  with the candidate’s qualifying papers shall be deemed to
  621  satisfy the annual disclosure requirement of this section. The
  622  qualifying officer must record that the statement of financial
  623  interests was timely filed. However, if a candidate does not
  624  qualify until after the annual statement of financial interests
  625  has been filed, the candidate may file a copy of his or her
  626  statement with the qualifying officer.
  627         (b) Each state or local officer and each specified state
  628  employee shall file a statement of financial interests no later
  629  than July 1 of each year. Each state officer, local officer, and
  630  specified state employee shall file a final statement of
  631  financial interests within 60 days after leaving his or her
  632  public position for the period between January 1 of the year in
  633  which the person leaves and the last day of office or
  634  employment, unless within the 60-day period the person takes
  635  another public position requiring financial disclosure under
  636  this section or s. 8, Art. II of the State Constitution or
  637  otherwise is required to file full and public disclosure or a
  638  statement of financial interests for the final disclosure
  639  period. Each state or local officer who is appointed and each
  640  specified state employee who is employed shall file a statement
  641  of financial interests within 30 days from the date of
  642  appointment or, in the case of a specified state employee, from
  643  the date on which the employment begins, except that any person
  644  whose appointment is subject to confirmation by the Senate shall
  645  file prior to confirmation hearings or within 30 days from the
  646  date of appointment, whichever comes first.
  647         (c) Beginning January 1, 2023, an incumbent in an elective
  648  office or a candidate holding another position subject to an
  649  annual filing requirement may submit either a copy of the
  650  disclosure filed with the commission, or a verification or
  651  receipt of the filing or submission, with the officer before
  652  whom they qualify. A candidate not subject to an annual filing
  653  requirement does not file with the commission, but may complete
  654  and print a statement of financial interests to file with the
  655  officer before whom he or she qualifies.
  656         (d) State officers and specified state employees shall file
  657  their statements of financial interests with the commission on
  658  Ethics. Local officers shall file their statements of financial
  659  interests with the supervisor of elections of the county in
  660  which they permanently reside. Local officers who do not
  661  permanently reside in any county in the state shall file their
  662  statements of financial interests with the supervisor of
  663  elections of the county in which their agency maintains its
  664  headquarters. Persons seeking to qualify as candidates for local
  665  public office shall file their statements of financial interests
  666  with the officer before whom they qualify.
  667         (e)Beginning January 1, 2023, a statement of financial
  668  interests and a final statement of financial interests, and
  669  amendments thereto, or any other form required by this section
  670  to be filed with the commission, must be filed electronically
  671  through an electronic filing system created and maintained by
  672  the commission as provided in s. 112.31446.
  673         (3) The statement of financial interests for state
  674  officers, specified state employees, local officers, and persons
  675  seeking to qualify as candidates for state or local office shall
  676  be filed even if the reporting person holds no financial
  677  interests requiring disclosure in a particular category, in
  678  which case that section of the statement shall be marked “not
  679  applicable.” Otherwise, the statement of financial interests
  680  must shall include the information under paragraph (a) or
  681  paragraph (b). The reporting person shall indicate on the
  682  statement whether he or she is using the reporting method under
  683  paragraph (a) or paragraph (b). However, beginning January 1,
  684  2023, only the reporting method specified under paragraph (b)
  685  may be used. , at the filer’s option, either:
  686         (a) 1. All sources of income in excess of 5 percent of the
  687  gross income received during the disclosure period by the person
  688  in his or her own name or by any other person for his or her use
  689  or benefit, excluding public salary. However, this shall not be
  690  construed to require disclosure of a business partner’s sources
  691  of income. The person reporting shall list such sources in
  692  descending order of value with the largest source first;
  693         2. All sources of income to a business entity in excess of
  694  10 percent of the gross income of a business entity in which the
  695  reporting person held a material interest and from which he or
  696  she received an amount which was in excess of 10 percent of his
  697  or her gross income during the disclosure period and which
  698  exceeds $1,500. The period for computing the gross income of the
  699  business entity is the fiscal year of the business entity which
  700  ended on, or immediately prior to, the end of the disclosure
  701  period of the person reporting;
  702         3. The location or description of real property in this
  703  state, except for residences and vacation homes, owned directly
  704  or indirectly by the person reporting, when such person owns in
  705  excess of 5 percent of the value of such real property, and a
  706  general description of any intangible personal property worth in
  707  excess of 10 percent of such person’s total assets. For the
  708  purposes of this paragraph, indirect ownership does not include
  709  ownership by a spouse or minor child; and
  710         4. Every individual liability that equals more than the
  711  reporting person’s net worth; or
  712         (b)1. All sources of gross income in excess of $2,500
  713  received during the disclosure period by the person in his or
  714  her own name or by any other person for his or her use or
  715  benefit, excluding public salary. However, this shall not be
  716  construed to require disclosure of a business partner’s sources
  717  of income. The person reporting shall list such sources in
  718  descending order of value with the largest source first;
  719         2. All sources of income to a business entity in excess of
  720  10 percent of the gross income of a business entity in which the
  721  reporting person held a material interest and from which he or
  722  she received gross income exceeding $5,000 during the disclosure
  723  period. The period for computing the gross income of the
  724  business entity is the fiscal year of the business entity which
  725  ended on, or immediately prior to, the end of the disclosure
  726  period of the person reporting;
  727         3. The location or description of real property in this
  728  state, except for residence and vacation homes, owned directly
  729  or indirectly by the person reporting, when such person owns in
  730  excess of 5 percent of the value of such real property, and a
  731  general description of any intangible personal property worth in
  732  excess of $10,000. For the purpose of this paragraph, indirect
  733  ownership does not include ownership by a spouse or minor child;
  734  and
  735         4. Every liability in excess of $10,000.
  736  
  737  A person filing a statement of financial interests shall
  738  indicate on the statement whether he or she is using the method
  739  specified in paragraph (a) or paragraph (b).
  740         (4)(a)The commission may not request, in any filing or
  741  submission, a federal income tax return, or a copy thereof; a
  742  social security number; a bank, mortgage, or brokerage account
  743  number; a debit, charge, or credit card number; a personal
  744  identification number; a taxpayer identification number; or any
  745  other personal or account information that is legally protected
  746  from disclosure under state or federal law.
  747         (b)Beginning January 1, 2022, a public officer, a
  748  candidate, or any other person may not include in a filing or
  749  submission to the commission any of the information specified in
  750  paragraph (a). If a public officer, a candidate, or other person
  751  includes such information, the information may be made available
  752  as part of the official records of the commission available for
  753  public inspection and copying unless redaction is requested by
  754  the filer. The commission is not liable for the release of
  755  social security numbers, or bank account, debit, charge, or
  756  credit card numbers, included on a filing or submission to the
  757  commission if the holder has not requested redaction of the
  758  information.
  759         (c)The commission shall redact a filer’s social security
  760  number; bank, mortgage, or brokerage account number; debit,
  761  charge, or credit card number; or any other personal or account
  762  information that is legally protected from disclosure under
  763  state or federal law upon written notification from the filer of
  764  its inadvertent inclusion. Such notice must specify the
  765  information inadvertently included and the specific section or
  766  sections of the disclosure in which it was included.
  767         (d) The commission must conspicuously post a notice, in
  768  substantially the following form, in the instructions for the
  769  electronic filing system specifying that:
  770         1. Any person submitting information through the electronic
  771  filing system may not include a social security number or a bank
  772  account, debit, charge, or credit card number in any filing or
  773  submission unless required by law.
  774         2. All information submitted through the electronic filing
  775  system may be open to public inspection and copying.
  776         3. Any person has a right to request the commission to
  777  remove from a filing or submission any social security number or
  778  bank, mortgage, or brokerage account number contained in the
  779  submission. Such request must be made in writing and delivered
  780  by mail or electronic transmission or in person to the
  781  commission. The request must specify the information to be
  782  redacted and the specific section or sections of the disclosure
  783  in which it was included.
  784         (5)Beginning January 1, 2015, An officer who is required
  785  to complete annual ethics training pursuant to s. 112.3142 must
  786  certify on his or her statement of financial interests that he
  787  or she has completed the required training.
  788         (6)(5) Each elected constitutional officer, state officer,
  789  local officer, and specified state employee shall file a
  790  quarterly report of the names of clients represented for a fee
  791  or commission, except for appearances in ministerial matters,
  792  before agencies at his or her level of government. For the
  793  purposes of this part, agencies of government shall be
  794  classified as state-level agencies or agencies below state
  795  level. Each local officer shall file such report with the
  796  supervisor of elections of the county in which the officer is
  797  principally employed or is a resident. Each state officer,
  798  elected constitutional officer, and specified state employee
  799  shall file such report with the commission. The report shall be
  800  filed only when a reportable representation is made during the
  801  calendar quarter and shall be filed no later than the last day
  802  of each calendar quarter, for the previous calendar quarter.
  803  Representation before any agency shall be deemed to include
  804  representation by such officer or specified state employee or by
  805  any partner or associate of the professional firm of which he or
  806  she is a member and of which he or she has actual knowledge. For
  807  the purposes of this subsection, the term “representation before
  808  any agency” does not include appearances before any court or the
  809  Deputy Chief Judge of Compensation Claims or judges of
  810  compensation claims or representations on behalf of one’s agency
  811  in one’s official capacity. Such term does not include the
  812  preparation and filing of forms and applications merely for the
  813  purpose of obtaining or transferring a license based on a quota
  814  or a franchise of such agency or a license or operation permit
  815  to engage in a profession, business, or occupation, so long as
  816  the issuance or granting of such license, permit, or transfer
  817  does not require substantial discretion, a variance, a special
  818  consideration, or a certificate of public convenience and
  819  necessity.
  820         (7)(6) Each elected constitutional officer and each
  821  candidate for such office, any other public officer required
  822  pursuant to s. 8, Art. II of the State Constitution to file a
  823  full and public disclosure of his or her financial interests,
  824  and each state officer, local officer, specified state employee,
  825  and candidate for elective public office who is or was during
  826  the disclosure period an officer, director, partner, proprietor,
  827  or agent, other than a resident agent solely for service of
  828  process, of, or owns or owned during the disclosure period a
  829  material interest in, any business entity which is granted a
  830  privilege to operate in this state shall disclose such facts as
  831  a part of the disclosure form filed pursuant to s. 8, Art. II of
  832  the State Constitution or this section, as applicable. The
  833  statement shall give the name, address, and principal business
  834  activity of the business entity and shall state the position
  835  held with such business entity or the fact that a material
  836  interest is owned and the nature of that interest.
  837         (8)(7) Forms for compliance with the disclosure
  838  requirements of this section and a current list of persons
  839  subject to disclosure shall be created by the commission and
  840  provided to each supervisor of elections. The commission and
  841  each supervisor of elections shall give notice of disclosure
  842  deadlines and delinquencies and distribute forms in the
  843  following manner:
  844         (a)1. Not later than May 1 of each year, the commission
  845  shall prepare a current list of the names, e-mail addresses, and
  846  physical addresses of, and the offices or positions held by,
  847  every state officer, local officer, and specified employee. In
  848  compiling the list, the commission shall be assisted by Each
  849  unit of government shall assist the commission in compiling the
  850  list by in providing to the commission not later than February 1
  851  of each year , at the request of the commission, the name, e
  852  mail address, physical address, and name of agency of, and the
  853  office or position held by, each state officer, local officer,
  854  or specified state employee within the respective unit of
  855  government as of December 31 of the preceding year.
  856         2. Not later than May 15 of each year, the commission shall
  857  provide each supervisor of elections with a current mailing list
  858  of all local officers required to file with such supervisor of
  859  elections.
  860         (b) Not later than June 1 30 days before July 1 of each
  861  year, the commission and each supervisor of elections, as
  862  appropriate, shall distribute mail a copy of the form prescribed
  863  for compliance with subsection (3) and a notice of all
  864  applicable disclosure forms and filing deadlines to each person
  865  required to file a statement of financial interests. Beginning
  866  January 1, 2023, the notice required under this paragraph must
  867  be delivered by e-mail or other electronic means.
  868         (c) Not later than August 1 30 days after July 1 of each
  869  year, the commission and each supervisor of elections shall
  870  determine which persons required to file a statement of
  871  financial interests in their respective offices have failed to
  872  do so and shall send delinquency notices by certified mail,
  873  return receipt requested, to these persons. Each notice must
  874  shall state that a grace period is in effect until September 1
  875  of the current year; that no investigative or disciplinary
  876  action based upon the delinquency will be taken by the agency
  877  head or commission if the statement is filed by September 1 of
  878  the current year; that, if the statement is not filed by
  879  September 1 of the current year, a fine of $25 for each day late
  880  will be imposed, up to a maximum penalty of $1,500; for notices
  881  distributed sent by a supervisor of elections, that he or she is
  882  required by law to notify the commission of the delinquency; and
  883  that, if upon the filing of a sworn complaint the commission
  884  finds that the person has failed to timely file the statement
  885  within 60 days after September 1 of the current year, such
  886  person will also be subject to the penalties provided in s.
  887  112.317. Beginning January 1, 2023, the notice required under
  888  this paragraph must be delivered by e-mail or other electronic
  889  means and must be redelivered on a weekly basis so long as a
  890  person remains delinquent.
  891         (d) No later than November 15 of each year, the supervisor
  892  of elections in each county shall certify to the commission a
  893  list of the names and addresses of, and the offices or positions
  894  held by, all persons who have failed to timely file the required
  895  statements of financial interests. The certification must
  896  include the earliest of the dates described in subparagraph
  897  (g)1. (f)1. The certification shall be on a form prescribed by
  898  the commission and shall indicate whether the supervisor of
  899  elections has provided the disclosure forms and notice as
  900  required by this subsection to all persons named on the
  901  delinquency list.
  902         (e) Statements must be received by the commission filed not
  903  later than 5 p.m. of the due date. However, any statement that
  904  is postmarked by the United States Postal Service by midnight of
  905  the due date is deemed to have been filed in a timely manner,
  906  and a certificate of mailing obtained from and dated by the
  907  United States Postal Service at the time of the mailing, or a
  908  receipt from an established courier company which bears a date
  909  on or before the due date, constitutes proof of mailing in a
  910  timely manner. Beginning January 1, 2023, upon request of the
  911  filer, the commission must provide verification to the filer
  912  that the commission has received the submitted statement.
  913         (f) Beginning January 1, 2023, the statement must be
  914  accompanied by a declaration as provided in s. 92.525(2) and an
  915  electronic acknowledgement thereof.
  916         (g) Any person who is required to file a statement of
  917  financial interests and whose name is on the commission’s
  918  mailing list, and to whom notice has been sent, but who fails to
  919  timely file is assessed a fine of $25 per day for each day late
  920  up to a maximum of $1,500; however, this $1,500 limitation on
  921  automatic fines does not limit the civil penalty that may be
  922  imposed if the statement is filed more than 60 days after the
  923  deadline and a complaint is filed, as provided in s. 112.324.
  924  The commission must provide by rule the grounds for waiving the
  925  fine and procedures by which each person whose name is on the
  926  mailing list and who is determined to have not filed in a timely
  927  manner will be notified of assessed fines and may appeal. The
  928  rule must provide for and make specific the following:
  929         1. The amount of the fine due is based upon the earliest of
  930  the following:
  931         a. When a statement is actually received by the office.
  932         b. When the statement is postmarked.
  933         c. When the certificate of mailing is dated.
  934         d. When the receipt from an established courier company is
  935  dated.
  936         2. For a specified state employee or a state officer, upon
  937  receipt of the disclosure statement by the commission or upon
  938  accrual of the maximum penalty, whichever occurs first, and for
  939  a local officer upon receipt by the commission of the
  940  certification from the local officer’s supervisor of elections
  941  pursuant to paragraph (d), the commission shall determine the
  942  amount of the fine which is due and shall notify the delinquent
  943  person. The notice must include an explanation of the appeal
  944  procedure under subparagraph 3. The fine must be paid within 30
  945  days after the notice of payment due is transmitted, unless
  946  appeal is made to the commission pursuant to subparagraph 3. The
  947  moneys are to be deposited into the General Revenue Fund.
  948         3. Any reporting person may appeal or dispute a fine, based
  949  upon unusual circumstances surrounding the failure to file on
  950  the designated due date, and may request and is entitled to a
  951  hearing before the commission, which may waive the fine in whole
  952  or in part for good cause shown. Any such request must be in
  953  writing and received by the commission made within 30 days after
  954  the notice of payment due is transmitted. In such a case, the
  955  reporting person must, within the 30-day period, notify the
  956  person designated to review the timeliness of reports in writing
  957  of his or her intention to bring the matter before the
  958  commission. For purposes of this subparagraph, the term “unusual
  959  circumstances” does not include the failure to monitor an e-mail
  960  account or failure to receive notice if the person has not
  961  notified the commission of a change in his or her e-mail
  962  address.
  963         (h)(g) Any state officer, local officer, or specified
  964  employee whose name is not on the mailing list of persons
  965  required to file an annual statement of financial interests is
  966  not subject to the penalties provided in s. 112.317 or the fine
  967  provided in this section for failure to timely file a statement
  968  of financial interests in any year in which the omission
  969  occurred, but nevertheless is required to file the disclosure
  970  statement.
  971         (i)(h) The notification requirements and fines of this
  972  subsection do not apply to candidates or to the first or final
  973  filing required of any state officer, specified employee, or
  974  local officer as provided in paragraph (2)(b).
  975         (j)(i) Notwithstanding any provision of chapter 120, any
  976  fine imposed under this subsection which is not waived by final
  977  order of the commission and which remains unpaid more than 60
  978  days after the notice of payment due or more than 60 days after
  979  the commission renders a final order on the appeal must be
  980  submitted to the Department of Financial Services as a claim,
  981  debt, or other obligation owed to the state, and the department
  982  shall assign the collection of such a fine to a collection agent
  983  as provided in s. 17.20.
  984         (9)(a)(8)(a) The appointing official or body shall notify
  985  each newly appointed local officer, state officer, or specified
  986  state employee, not later than the date of appointment, of the
  987  officer’s or employee’s duty to comply with the disclosure
  988  requirements of this section. The agency head of each employing
  989  agency shall notify each newly employed local officer or
  990  specified state employee, not later than the day of employment,
  991  of the officer’s or employee’s duty to comply with the
  992  disclosure requirements of this section. The appointing official
  993  or body or employing agency head may designate a person to be
  994  responsible for the notification requirements of this paragraph.
  995         (b) The agency head of the agency of each local officer,
  996  state officer, or specified state employee who is required to
  997  file a statement of financial interests for the final disclosure
  998  period shall notify such persons of their obligation to file the
  999  final disclosure and may designate a person to be responsible
 1000  for the notification requirements of this paragraph.
 1001         (c) If a person holding public office or public employment
 1002  fails or refuses to file an annual statement of financial
 1003  interests for any year in which the person received notice from
 1004  the commission regarding the failure to file and has accrued the
 1005  maximum automatic fine authorized under this section, regardless
 1006  of whether the fine imposed was paid or collected, the
 1007  commission shall initiate an investigation and conduct a public
 1008  hearing without receipt of a complaint to determine whether the
 1009  person’s failure to file is willful. Such investigation and
 1010  hearing must be conducted in accordance with s. 112.324. Except
 1011  as provided in s. 112.324(4), if the commission determines that
 1012  the person willfully failed to file a statement of financial
 1013  interests, the commission shall enter an order recommending that
 1014  the officer or employee be removed from his or her public office
 1015  or public employment. The commission shall forward its
 1016  recommendation as provided in s. 112.324.
 1017         (10)(9) A public officer who has filed a disclosure for any
 1018  calendar or fiscal year shall not be required to file a second
 1019  disclosure for the same year or any part thereof,
 1020  notwithstanding any requirement of this act, except that any
 1021  public officer who qualifies as a candidate for public office
 1022  shall file a copy of the disclosure with the officer before whom
 1023  he or she qualifies as a candidate at the time of qualification.
 1024         (11)(a)(10)(a) The commission shall treat an amendment to
 1025  an amended annual statement of financial interests which is
 1026  filed before September 1 of the year in which the statement is
 1027  due as part of the original filing, regardless of whether a
 1028  complaint has been filed. If a complaint alleges only an
 1029  immaterial, inconsequential, or de minimis error or omission,
 1030  the commission may not take any action on the complaint other
 1031  than notifying the filer of the complaint. The filer must be
 1032  given 30 days to file an amendment to the amended statement of
 1033  financial interests correcting any errors. If the filer does not
 1034  file an amendment to the amended statement of financial
 1035  interests within 30 days after the commission sends notice of
 1036  the complaint, the commission may continue with proceedings
 1037  pursuant to s. 112.324.
 1038         (b) For purposes of the final statement of financial
 1039  interests, the commission shall treat an amendment to a new
 1040  final statement of financial interests as part of the original
 1041  filing, if filed within 60 days of the original filing
 1042  regardless of whether a complaint has been filed. If, more than
 1043  60 days after a final statement of financial interests is filed,
 1044  a complaint is filed alleging a complete omission of any
 1045  information required to be disclosed by this section, the
 1046  commission may immediately follow the complaint procedures in s.
 1047  112.324. However, if the complaint alleges an immaterial,
 1048  inconsequential, or de minimis error or omission, the commission
 1049  may not take any action on the complaint other than notifying
 1050  the filer of the complaint. The filer must be given 30 days to
 1051  file an amendment to the a new final statement of financial
 1052  interests correcting any errors. If the filer does not file an
 1053  amendment to the a new final statement of financial interests
 1054  within 30 days after the commission sends notice of the
 1055  complaint, the commission may continue with proceedings pursuant
 1056  to s. 112.324.
 1057         (c) For purposes of this section, an error or omission is
 1058  immaterial, inconsequential, or de minimis if the original
 1059  filing provided sufficient information for the public to
 1060  identify potential conflicts of interest. However, failure to
 1061  certify completion of annual ethics training required under s.
 1062  112.3142 does not constitute an immaterial, inconsequential, or
 1063  de minimis error or omission.
 1064         (12)(a)(11)(a) An individual required to file a statement
 1065  disclosure pursuant to this section may have the statement
 1066  disclosure prepared by an attorney in good standing with The
 1067  Florida Bar or by a certified public accountant licensed under
 1068  chapter 473. After preparing a statement disclosure form, the
 1069  attorney or certified public accountant must sign the form
 1070  indicating that he or she prepared the form in accordance with
 1071  this section and the instructions for completing and filing the
 1072  disclosure forms and that, upon his or her reasonable knowledge
 1073  and belief, the disclosure is true and correct. If a complaint
 1074  is filed alleging a failure to disclose information required by
 1075  this section, the commission shall determine whether the
 1076  information was disclosed to the attorney or certified public
 1077  accountant. The failure of the attorney or certified public
 1078  accountant to accurately transcribe information provided by the
 1079  individual who is required to file the statement disclosure does
 1080  not constitute a violation of this section.
 1081         (b) An elected officer or candidate who chooses to use an
 1082  attorney or a certified public accountant to prepare his or her
 1083  statement disclosure may pay for the services of the attorney or
 1084  certified public accountant from funds in an office account
 1085  created pursuant to s. 106.141 or, during a year that the
 1086  individual qualifies for election to public office, the
 1087  candidate’s campaign depository pursuant to s. 106.021.
 1088         (13)(12) The commission shall adopt rules and forms
 1089  specifying how a state officer, local officer, or specified
 1090  state employee may amend his or her statement of financial
 1091  interests to report information that was not included on the
 1092  form as originally filed. If the amendment is the subject of a
 1093  complaint filed under this part, the commission and the proper
 1094  disciplinary official or body shall consider as a mitigating
 1095  factor when considering appropriate disciplinary action the fact
 1096  that the amendment was filed before any complaint or other
 1097  inquiry or proceeding, while recognizing that the public was
 1098  deprived of access to information to which it was entitled.
 1099         Section 5. Section 112.31455, Florida Statutes, is amended
 1100  to read:
 1101         112.31455 Collection methods for unpaid automatic fines for
 1102  failure to timely file disclosure of financial interests.—
 1103         (1) Before referring any unpaid fine accrued pursuant to s.
 1104  112.3144(8) or s. 112.3145(8) s. 112.3144(5) or s. 112.3145(7)
 1105  to the Department of Financial Services, the commission shall
 1106  attempt to determine whether the individual owing such a fine is
 1107  a current public officer or current public employee. If so, the
 1108  commission may notify the Chief Financial Officer or the
 1109  governing body of the appropriate county, municipality, or
 1110  special district of the total amount of any fine owed to the
 1111  commission by such individual.
 1112         (a) After receipt and verification of the notice from the
 1113  commission, the Chief Financial Officer or the governing body of
 1114  the county, municipality, or special district shall begin
 1115  withholding the lesser of 10 percent or the maximum amount
 1116  allowed under federal law from any salary-related payment. The
 1117  withheld payments shall be remitted to the commission until the
 1118  fine is satisfied.
 1119         (b) The Chief Financial Officer or the governing body of
 1120  the county, municipality, or special district may retain an
 1121  amount of each withheld payment, as provided in s. 77.0305, to
 1122  cover the administrative costs incurred under this section.
 1123         (2) If the commission determines that the individual who is
 1124  the subject of an unpaid fine accrued pursuant to s. 112.3144(8)
 1125  or s. 112.3145(8) s. 112.3144(5) or s. 112.3145(7) is no longer
 1126  a public officer or public employee or if the commission is
 1127  unable to determine whether the individual is a current public
 1128  officer or public employee, the commission may, 6 months after
 1129  the order becomes final, seek garnishment of any wages to
 1130  satisfy the amount of the fine, or any unpaid portion thereof,
 1131  pursuant to chapter 77. Upon recording the order imposing the
 1132  fine with the clerk of the circuit court, the order shall be
 1133  deemed a judgment for purposes of garnishment pursuant to
 1134  chapter 77.
 1135         (3) The commission may refer unpaid fines to the
 1136  appropriate collection agency, as directed by the Chief
 1137  Financial Officer, to utilize any collection methods provided by
 1138  law. Except as expressly limited by this section, any other
 1139  collection methods authorized by law are allowed.
 1140         (4) Action may be taken to collect any unpaid fine imposed
 1141  by ss. 112.3144 and 112.3145 within 20 years after the date the
 1142  final order is rendered.
 1143         Section 6. Except as otherwise expressly provided in this
 1144  act, this act shall take effect upon becoming a law.