Florida Senate - 2024                             CS for SB 7014
       
       
        
       By the Committees on Rules; and Ethics and Elections
       
       
       
       
       
       595-02018-24                                          20247014c1
    1                        A bill to be entitled                      
    2         An act relating to ethics; amending s. 112.3122, F.S.;
    3         increasing the maximum fine for violations of
    4         specified lobbying provisions; amending s. 112.321,
    5         F.S.; prohibiting a member of the Commission on Ethics
    6         from serving more than two full terms, instead of two
    7         full terms in succession; making technical changes;
    8         deleting obsolete language; amending s. 112.317, F.S.;
    9         providing that a complainant is liable for costs plus
   10         reasonable attorney fees for filing a complaint with
   11         malicious intent against a candidate for public
   12         office; amending s. 112.324, F.S.; specifying that a
   13         certain number of members of the commission are not
   14         required to make a specified determination related to
   15         written referrals submitted to the commission by
   16         specified parties; requiring the commission to submit
   17         a copy of a certain referral to an alleged violator
   18         within a specified timeframe; requiring the commission
   19         to undertake a preliminary investigation within a
   20         specified timeframe after receipt of technically and
   21         legally sufficient complaints or referrals and make a
   22         certain determination; authorizing a complainant to
   23         submit an amended complaint within a specified
   24         timeframe; providing that the probable cause
   25         determination concludes the preliminary investigation;
   26         requiring the commission to complete a preliminary
   27         investigation, including a probable cause
   28         determination, within a specified timeframe; requiring
   29         the commission to complete an investigatory report
   30         within a specified timeframe; authorizing the
   31         commission to extend, for a specified period, the
   32         allowable timeframe to adequately complete a
   33         preliminary investigation if a specified number of
   34         members of the commission determine such extension is
   35         necessary; requiring the commission to document the
   36         reasons for extending such investigation and transmit
   37         a copy of such documentation to the alleged violator
   38         and complainant within a specified timeframe;
   39         requiring the commission to transmit a copy of the
   40         completed report to an alleged violator and to the
   41         counsel representing the commission within a specified
   42         timeframe; requiring such counsel to make a written
   43         recommendation for disposition of a complaint or
   44         referral within a specified timeframe after receiving
   45         the investigatory report; requiring the commission to
   46         transmit such recommendation to the alleged violator
   47         within a specified timeframe; providing that the
   48         alleged violator has a specified timeframe to respond
   49         in writing to the counsel’s recommendation; requiring
   50         the commission, upon receipt of the counsel’s
   51         recommendation, to schedule a probable cause hearing
   52         for the next executive session of the commission for
   53         which notice requirements can be met; providing that,
   54         under specified conditions, the commission may dismiss
   55         complaints or referrals before completion of a
   56         preliminary investigation; providing a timeframe
   57         within which the commission must transmit a copy of
   58         the order finding probable cause to the complainant
   59         and the alleged violator after a finding of probable
   60         cause; specifying that an alleged violator is entitled
   61         to request a formal hearing before the Division of
   62         Administrative Hearings or may select an informal
   63         hearing with the commission; providing that persons
   64         are deemed to waive their rights to a formal or an
   65         informal hearing if the request is not received within
   66         a specified timeframe; providing the timeframe within
   67         which the commission must conduct an informal hearing;
   68         requiring the commission to schedule a case that has
   69         been relinquished from the Division of Administrative
   70         Hearings for additional action at the next commission
   71         meeting for which notice requirements can be met;
   72         requiring the commission to complete final action on
   73         such case within a specified timeframe; requiring a
   74         specified number of commissioners to vote to reject or
   75         deviate from a recommendation made by the counsel
   76         representing the commission; providing that specified
   77         timeframes are tolled until the completion of a
   78         related criminal investigation or prosecution,
   79         excluding appeals, whichever occurs later; providing
   80         that a harmless error standard applies to the
   81         commission regarding specified timeframes; providing
   82         an effective date.
   83          
   84  Be It Enacted by the Legislature of the State of Florida:
   85  
   86         Section 1. Paragraph (b) of subsection (4) of section
   87  112.3122, Florida Statutes, is amended to read:
   88         112.3122 Enforcement and penalties for constitutional
   89  prohibition against lobbying by a public officer.—
   90         (4) A violation of s. 8(f), Art. II of the State
   91  Constitution may be punished by one or more of the following:
   92         (b) A civil penalty not to exceed $20,000 $10,000.
   93         Section 2. Subsection (1) of section 112.321, Florida
   94  Statutes, is amended to read:
   95         112.321 Membership, terms; travel expenses; staff.—
   96         (1) The commission shall be composed of nine members. Five
   97  of these members shall be appointed by the Governor, no more
   98  than three of whom shall be from the same political party,
   99  subject to confirmation by the Senate. One member appointed by
  100  the Governor shall be a former city or county official and may
  101  be a former member of a local planning or zoning board which has
  102  only advisory duties. Two members shall be appointed by the
  103  Speaker of the House of Representatives, and two members shall
  104  be appointed by the President of the Senate. Neither the Speaker
  105  of the House of Representatives nor the President of the Senate
  106  shall appoint more than one member from the same political
  107  party. Of the nine members of the Commission, no more than five
  108  members shall be from the same political party at any one time.
  109  A No member may not hold any public employment. An individual
  110  who qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215
  111  or pursuant to any local government charter or ordinance may not
  112  serve as a member of the commission, except that this
  113  prohibition does not apply to an individual who is a member of
  114  the commission on July 1, 2006, until the expiration of his or
  115  her current term. A member of the commission may not lobby any
  116  state or local governmental entity as provided in s. 11.045 or
  117  s. 112.3215 or as provided by any local government charter or
  118  ordinance, except that this prohibition does not apply to an
  119  individual who is a member of the commission on July 1, 2006,
  120  until the expiration of his or her current term. All members
  121  shall serve 2-year terms. A member may not serve more than two
  122  full terms in succession. Any member of the commission may be
  123  removed for cause by majority vote of the Governor, the
  124  President of the Senate, the Speaker of the House of
  125  Representatives, and the Chief Justice of the Supreme Court.
  126         Section 3. Subsection (7) of section 112.317, Florida
  127  Statutes, is amended to read:
  128         112.317 Penalties.—
  129         (7) In any case in which the commission determines that a
  130  person has filed a complaint against a public officer or
  131  employee or a candidate for public office with a malicious
  132  intent to injure the reputation of such officer or employee or
  133  candidate by filing the complaint with knowledge that the
  134  complaint contains one or more false allegations or with
  135  reckless disregard for whether the complaint contains false
  136  allegations of fact material to a violation of this part, the
  137  complainant shall be liable for costs plus reasonable attorney
  138  fees incurred in the defense of the person complained against,
  139  including the costs and reasonable attorney fees incurred in
  140  proving entitlement to and the amount of costs and fees. If the
  141  complainant fails to pay such costs and fees voluntarily within
  142  30 days following such finding by the commission, the commission
  143  shall forward such information to the Department of Legal
  144  Affairs, which shall bring a civil action in a court of
  145  competent jurisdiction to recover the amount of such costs and
  146  fees awarded by the commission.
  147         Section 4. Subsections (1) and (3) of section 112.324,
  148  Florida Statutes, are amended to read:
  149         112.324 Procedures on complaints of violations and
  150  referrals; public records and meeting exemptions.—
  151         (1) The commission shall investigate an alleged violation
  152  of this part or other alleged breach of the public trust within
  153  the jurisdiction of the commission as provided in s. 8(f), Art.
  154  II of the State Constitution:
  155         (a) Upon a written complaint executed on a form prescribed
  156  by the commission and signed under oath or affirmation by any
  157  person; or
  158         (b) Upon receipt of a written referral of a possible
  159  violation of this part or other possible breach of the public
  160  trust from the Governor, the Department of Law Enforcement, a
  161  state attorney, or a United States Attorney which at least six
  162  members of the commission determine is sufficient to indicate a
  163  violation of this part or any other breach of the public trust.
  164  
  165  Within 5 days after receipt of a complaint or referral by the
  166  commission or a determination by at least six members of the
  167  commission that the referral received is deemed sufficient, a
  168  copy must shall be transmitted to the alleged violator.
  169         (3)(a) A preliminary investigation must shall be undertaken
  170  by the commission within 30 days after its receipt of each
  171  technically and legally sufficient complaint or referral over
  172  which the commission has jurisdiction to determine whether there
  173  is probable cause to believe that a violation has occurred. A
  174  complainant may submit an amended complaint up to 60 days after
  175  the commission receives the initial complaint. The probable
  176  cause determination is the conclusion of the preliminary
  177  investigation. The commission shall complete the preliminary
  178  investigation, including the probable cause determination, no
  179  later than 1 year after the beginning of the preliminary
  180  investigation.
  181         (b)An investigatory report must be completed no later than
  182  150 days after the beginning of the preliminary investigation.
  183  If, at any one meeting of the commission held during a given
  184  preliminary investigation, at least six members of the
  185  commission determine that additional time is necessary to
  186  adequately complete such investigation, the commission may
  187  extend the timeframe to complete the preliminary investigation
  188  by no more than 60 days. During such meeting, the commission
  189  shall document its reasons for extending the investigation and
  190  transmit a copy of such documentation to the alleged violator
  191  and complainant no later than 5 days after the extension is
  192  ordered. The investigatory report must be transmitted to the
  193  alleged violator and to the counsel representing the commission
  194  no later than 5 days after completion of the report. The counsel
  195  representing the commission shall make a written recommendation
  196  to the commission for the disposition of the complaint or
  197  referral no later than 15 days after he or she receives the
  198  completed investigatory report. The commission shall transmit
  199  the counsel’s written recommendation to the alleged violator no
  200  later than 5 days after its completion. The alleged violator has
  201  14 days after the mailing date of the counsel’s recommendation
  202  to respond in writing to the recommendation.
  203         (c)Upon receipt of the counsel’s recommendation, the
  204  commission shall schedule a probable cause hearing for the next
  205  executive session of the commission for which notice
  206  requirements can be met.
  207         (d) If, upon completion of the preliminary investigation,
  208  the commission finds no probable cause to believe that this part
  209  has been violated, or that no any other breach of the public
  210  trust has been committed, the commission must shall dismiss the
  211  complaint or referral with the issuance of a public report to
  212  the complainant and the alleged violator, stating with
  213  particularity its reasons for dismissal. At that time, the
  214  complaint or referral and all materials relating to the
  215  complaint or referral shall become a matter of public record.
  216         (e) If the commission finds from the preliminary
  217  investigation probable cause to believe that this part has been
  218  violated or that any other breach of the public trust has been
  219  committed, it must transmit a copy of the order finding probable
  220  cause to shall so notify the complainant and the alleged
  221  violator in writing no later than 5 days after the date of the
  222  probable cause determination. Such notification and all
  223  documents made or received in the disposition of the complaint
  224  or referral shall then become public records. Upon request
  225  submitted to the commission in writing, any person who the
  226  commission finds probable cause to believe has violated any
  227  provision of this part or has committed any other breach of the
  228  public trust is shall be entitled to a public hearing and may
  229  elect to have a formal administrative hearing conducted by an
  230  administrative law judge in the Division of Administrative
  231  Hearings. If the person does not elect to have a formal
  232  administrative hearing by an administrative law judge, the
  233  person is entitled to an informal hearing conducted before the
  234  commission. Such person is shall be deemed to have waived the
  235  right to a formal or an informal public hearing if the request
  236  is not received within 14 days following the mailing date of the
  237  probable cause notification required by this paragraph
  238  subsection. However, the commission may, on its own motion,
  239  require a public hearing.
  240         (f)If the commission conducts an informal hearing, it must
  241  be held no later than 75 days after the date of the probable
  242  cause determination.
  243         (g)If the commission refers a case to the Division of
  244  Administrative Hearings for a formal hearing and subsequently
  245  requests that the case be relinquished back to the commission,
  246  or if the administrative law judge assigned to the case
  247  relinquishes jurisdiction back to the commission before a
  248  recommended order is entered, the commission must schedule the
  249  case for additional action at the next commission meeting for
  250  which notice requirements can be met. At the next subsequent
  251  commission meeting, the commission must complete final action on
  252  such case.
  253         (h)The commission, may conduct such further investigation
  254  as it deems necessary, and may enter into such stipulations and
  255  settlements as it finds to be just and in the best interest of
  256  the state. The commission is without jurisdiction to, and no
  257  respondent may voluntarily or involuntarily, enter into a
  258  stipulation or settlement which imposes any penalty, including,
  259  but not limited to, a sanction or admonition or any other
  260  penalty contained in s. 112.317. Penalties may shall be imposed
  261  only by the appropriate disciplinary authority as designated in
  262  this section.
  263         (i)At least six members of the commission must vote to
  264  reject or deviate from a recommendation of the counsel
  265  representing the commission.
  266         (j)If a criminal complaint related to an investigation
  267  pursuant to this section is filed, the timeframes in this
  268  subsection are tolled until completion of the criminal
  269  investigation or prosecution, excluding any appeals from such
  270  prosecution, whichever occurs later.
  271         (k)The failure of the commission to comply with the time
  272  limits provided in this subsection constitutes harmless error in
  273  any related disciplinary action unless a court finds that the
  274  fairness of the proceedings or the correctness of an action may
  275  have been impaired by a material error in procedure or a failure
  276  to follow prescribed procedure.
  277         Section 5. This act shall take effect October 1, 2024.