ENROLLED
       2024 Legislature                   CS for SB 7014, 2nd Engrossed
       
       
       
       
       
       
                                                             20247014er
    1  
    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. 112.3144,
    5         F.S.; authorizing attorneys who file full and public
    6         disclosures of their financial interests to indicate
    7         that a client meets disclosure criteria without
    8         providing further information relating to such client;
    9         authorizing such attorneys to designate such clients
   10         as “Legal Client” on such disclosures; amending s.
   11         112.3145, F.S.; deleting obsolete language;
   12         authorizing attorneys who file statements of financial
   13         interests to indicate that a client meets disclosure
   14         criteria without providing further information
   15         relating to such client; authorizing such attorneys to
   16         designate such clients as “Legal Client” on such
   17         statements; amending s. 112.321, F.S.; prohibiting a
   18         member of the Commission on Ethics from serving more
   19         than two full terms, instead of two full terms in
   20         succession; making technical changes; deleting
   21         obsolete language; amending s. 112.317, F.S.;
   22         providing that a complainant is liable for costs plus
   23         reasonable attorney fees for filing a complaint with
   24         malicious intent against a candidate for public
   25         office; amending s. 112.324, F.S.; requiring that
   26         allegations in written complaints submitted to the
   27         commission be based upon personal knowledge or
   28         information other than hearsay; specifying that a
   29         certain number of members of the commission are not
   30         required to make a specified determination related to
   31         written referrals submitted to the commission by
   32         specified parties; requiring the commission to submit
   33         a copy of a certain referral to an alleged violator
   34         within a specified timeframe; requiring the commission
   35         to undertake a preliminary investigation within a
   36         specified timeframe after receipt of technically and
   37         legally sufficient complaints or referrals and make a
   38         certain determination; authorizing a complainant to
   39         submit an amended complaint within a specified
   40         timeframe; providing that the probable cause
   41         determination concludes the preliminary investigation;
   42         requiring the commission to complete a preliminary
   43         investigation, including a probable cause
   44         determination, within a specified timeframe; requiring
   45         the commission to complete an investigatory report
   46         within a specified timeframe; authorizing the
   47         commission to extend, for a specified period, the
   48         allowable timeframe to adequately complete a
   49         preliminary investigation if the commission determines
   50         such extension is necessary; requiring the commission
   51         to document the reasons for extending such
   52         investigation and transmit a copy of such
   53         documentation to the alleged violator and complainant
   54         within a specified timeframe; requiring the commission
   55         to transmit a copy of the completed report to an
   56         alleged violator and to the counsel representing the
   57         commission within a specified timeframe; defining the
   58         term “counsel”; requiring such counsel to make a
   59         written recommendation for disposition of a complaint
   60         or referral within a specified timeframe after
   61         receiving the investigatory report; requiring the
   62         commission to transmit such recommendation to the
   63         alleged violator within a specified timeframe;
   64         providing that the alleged violator has a specified
   65         timeframe to respond in writing to the counsel’s
   66         recommendation; requiring the commission, upon receipt
   67         of the counsel’s recommendation, to schedule a
   68         probable cause hearing for the next executive session
   69         of the commission for which notice requirements can be
   70         met; providing that, under specified conditions, the
   71         commission may dismiss complaints or referrals before
   72         completion of a preliminary investigation; providing a
   73         timeframe within which the commission must transmit a
   74         copy of the order finding probable cause to the
   75         complainant and the alleged violator after a finding
   76         of probable cause; specifying that an alleged violator
   77         is entitled to request a formal hearing before the
   78         Division of Administrative Hearings or may select an
   79         informal hearing with the commission; providing that
   80         persons are deemed to waive their rights to a formal
   81         or an informal hearing if the request is not received
   82         within a specified timeframe; providing the timeframe
   83         within which the commission must conduct an informal
   84         hearing; requiring the commission to schedule a case
   85         that has been relinquished from the Division of
   86         Administrative Hearings for additional action at the
   87         next commission meeting for which notice requirements
   88         can be met; requiring the commission to complete final
   89         action on such case within a specified timeframe;
   90         requiring a specified percentage of commission members
   91         present at a meeting to vote to reject or deviate from
   92         a stipulation or settlement recommended by the counsel
   93         representing the commission; providing that specified
   94         timeframes are tolled until the completion of a
   95         related criminal investigation or prosecution,
   96         excluding appeals, whichever occurs later; providing
   97         that a harmless error standard applies to the
   98         commission regarding specified timeframes; providing
   99         applicability; amending s. 112.326, F.S.; providing
  100         requirements for noncriminal complaint procedures if a
  101         political subdivision or an agency adopts more
  102         stringent standards of conduct and disclosure
  103         requirements; providing that existing and future
  104         ordinances and rules that are in conflict with
  105         specified provisions are void; providing effective
  106         dates.
  107          
  108  Be It Enacted by the Legislature of the State of Florida:
  109  
  110         Section 1. Paragraph (b) of subsection (4) of section
  111  112.3122, Florida Statutes, is amended to read:
  112         112.3122 Enforcement and penalties for constitutional
  113  prohibition against lobbying by a public officer.—
  114         (4) A violation of s. 8(f), Art. II of the State
  115  Constitution may be punished by one or more of the following:
  116         (b) A civil penalty not to exceed $20,000 $10,000.
  117         Section 2. Paragraph (c) of subsection (6) of section
  118  112.3144, Florida Statutes, is amended to read:
  119         112.3144 Full and public disclosure of financial
  120  interests.—
  121         (6)
  122         (c)1. Each separate source and amount of income which
  123  exceeds $1,000 must be identified. For the purpose of a filer
  124  reporting income, the commission shall accept federal income tax
  125  returns. If a filer submits a federal income tax return for the
  126  purpose of reporting income, he or she must also include all
  127  attachments and schedules associated with such federal income
  128  tax return.
  129         2. If disclosure of identifying information regarding a
  130  source of income or secondary sources of income will violate
  131  confidentiality or privilege pursuant to law or rules governing
  132  attorneys, a filer who is also an attorney may indicate that he
  133  or she has a legal client who meets the disclosure criteria
  134  without providing further information about the client. The
  135  filer in such circumstance may write “Legal Client” in the
  136  disclosure fields without providing further information.
  137         Section 3. Subsection (3) of section 112.3145, Florida
  138  Statutes, is amended to read:
  139         112.3145 Disclosure of financial interests and clients
  140  represented before agencies.—
  141         (3) The statement of financial interests for state
  142  officers, specified state employees, local officers, and persons
  143  seeking to qualify as candidates for state or local office shall
  144  be filed even if the reporting person holds no financial
  145  interests requiring disclosure in a particular category, in
  146  which case that section of the statement shall be marked “not
  147  applicable.” Otherwise, the statement of financial interests
  148  must include the information under paragraph (a) or paragraph
  149  (b). The reporting person must indicate on the statement whether
  150  he or she is using the reporting method under paragraph (a) or
  151  paragraph (b). Beginning January 1, 2023, only the reporting
  152  method specified under paragraph (b) may be used.
  153         (a)1. All sources of income in excess of 5 percent of the
  154  gross income received during the disclosure period by the person
  155  in his or her own name or by any other person for his or her use
  156  or benefit, excluding public salary. However, this shall not be
  157  construed to require disclosure of a business partner’s sources
  158  of income. The person reporting shall list such sources in
  159  descending order of value with the largest source first;
  160         2. All sources of income to a business entity in excess of
  161  10 percent of the gross income of a business entity in which the
  162  reporting person held a material interest and from which he or
  163  she received an amount which was in excess of 10 percent of his
  164  or her gross income during the disclosure period and which
  165  exceeds $1,500. The period for computing the gross income of the
  166  business entity is the fiscal year of the business entity which
  167  ended on, or immediately prior to, the end of the disclosure
  168  period of the person reporting;
  169         3. The location or description of real property in this
  170  state, except for residences and vacation homes, owned directly
  171  or indirectly by the person reporting, when such person owns in
  172  excess of 5 percent of the value of such real property, and a
  173  general description of any intangible personal property worth in
  174  excess of 10 percent of such person’s total assets. For the
  175  purposes of this paragraph, indirect ownership does not include
  176  ownership by a spouse or minor child; and
  177         4. Every individual liability that equals more than the
  178  reporting person’s net worth; or
  179         (b)1. All sources of gross income in excess of $2,500
  180  received during the disclosure period by the person in his or
  181  her own name or by any other person for his or her use or
  182  benefit, excluding public salary. However, this shall not be
  183  construed to require disclosure of a business partner’s sources
  184  of income. The person reporting shall list such sources in
  185  descending order of value with the largest source first;
  186         2. All sources of income to a business entity in excess of
  187  10 percent of the gross income of a business entity in which the
  188  reporting person held a material interest and from which he or
  189  she received gross income exceeding $5,000 during the disclosure
  190  period. The period for computing the gross income of the
  191  business entity is the fiscal year of the business entity which
  192  ended on, or immediately prior to, the end of the disclosure
  193  period of the person reporting;
  194         3. The location or description of real property in this
  195  state, except for residence and vacation homes, owned directly
  196  or indirectly by the person reporting, when such person owns in
  197  excess of 5 percent of the value of such real property, and a
  198  general description of any intangible personal property worth in
  199  excess of $10,000. For the purpose of this paragraph, indirect
  200  ownership does not include ownership by a spouse or minor child;
  201  and
  202         4. Every liability in excess of $10,000.
  203         (b) If disclosure of identifying information regarding a
  204  source of income or secondary sources of income will violate
  205  confidentiality or privilege pursuant to law or rules governing
  206  attorneys, a filer who is also an attorney may indicate that he
  207  or she has a legal client who meets the disclosure criteria
  208  without providing further information about the client. The
  209  filer in such circumstance may write “Legal Client” in the
  210  disclosure fields without providing further information.
  211         Section 4. Subsection (1) of section 112.321, Florida
  212  Statutes, is amended to read:
  213         112.321 Membership, terms; travel expenses; staff.—
  214         (1) The commission shall be composed of nine members. Five
  215  of these members shall be appointed by the Governor, no more
  216  than three of whom shall be from the same political party,
  217  subject to confirmation by the Senate. One member appointed by
  218  the Governor shall be a former city or county official and may
  219  be a former member of a local planning or zoning board which has
  220  only advisory duties. Two members shall be appointed by the
  221  Speaker of the House of Representatives, and two members shall
  222  be appointed by the President of the Senate. Neither the Speaker
  223  of the House of Representatives nor the President of the Senate
  224  shall appoint more than one member from the same political
  225  party. Of the nine members of the Commission, no more than five
  226  members shall be from the same political party at any one time.
  227  A No member may not hold any public employment. An individual
  228  who qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215
  229  or pursuant to any local government charter or ordinance may not
  230  serve as a member of the commission, except that this
  231  prohibition does not apply to an individual who is a member of
  232  the commission on July 1, 2006, until the expiration of his or
  233  her current term. A member of the commission may not lobby any
  234  state or local governmental entity as provided in s. 11.045 or
  235  s. 112.3215 or as provided by any local government charter or
  236  ordinance, except that this prohibition does not apply to an
  237  individual who is a member of the commission on July 1, 2006,
  238  until the expiration of his or her current term. All members
  239  shall serve 2-year terms. A member may not serve more than two
  240  full terms in succession. Any member of the commission may be
  241  removed for cause by majority vote of the Governor, the
  242  President of the Senate, the Speaker of the House of
  243  Representatives, and the Chief Justice of the Supreme Court.
  244         Section 5. Subsection (7) of section 112.317, Florida
  245  Statutes, is amended to read:
  246         112.317 Penalties.—
  247         (7) In any case in which the commission determines that a
  248  person has filed a complaint against a public officer or
  249  employee or a candidate for public office with a malicious
  250  intent to injure the reputation of such officer or employee or
  251  candidate by filing the complaint with knowledge that the
  252  complaint contains one or more false allegations or with
  253  reckless disregard for whether the complaint contains false
  254  allegations of fact material to a violation of this part, the
  255  complainant shall be liable for costs plus reasonable attorney
  256  fees incurred in the defense of the person complained against,
  257  including the costs and reasonable attorney fees incurred in
  258  proving entitlement to and the amount of costs and fees. If the
  259  complainant fails to pay such costs and fees voluntarily within
  260  30 days following such finding by the commission, the commission
  261  shall forward such information to the Department of Legal
  262  Affairs, which shall bring a civil action in a court of
  263  competent jurisdiction to recover the amount of such costs and
  264  fees awarded by the commission.
  265         Section 6. Subsection (1) of section 112.324, Florida
  266  Statutes, is amended to read:
  267         112.324 Procedures on complaints of violations and
  268  referrals; public records and meeting exemptions.—
  269         (1) The commission shall investigate an alleged violation
  270  of this part or other alleged breach of the public trust within
  271  the jurisdiction of the commission as provided in s. 8(f), Art.
  272  II of the State Constitution:
  273         (a) Upon a written complaint executed on a form prescribed
  274  by the commission which is based upon personal knowledge or
  275  information other than hearsay and signed under oath or
  276  affirmation by any person; or
  277         (b) Upon receipt of a written referral of a possible
  278  violation of this part or other possible breach of the public
  279  trust from the Governor, the Department of Law Enforcement, a
  280  state attorney, or a United States Attorney which at least six
  281  members of the commission determine is sufficient to indicate a
  282  violation of this part or any other breach of the public trust.
  283  
  284  Within 5 days after receipt of a complaint by the commission or
  285  a determination by at least six members of the commission that
  286  the referral received is deemed sufficient, a copy shall be
  287  transmitted to the alleged violator.
  288         Section 7. Effective October 1, 2024, subsections (1) and
  289  (3) of section 112.324, Florida Statutes, as amended by this
  290  act, are amended to read:
  291         112.324 Procedures on complaints of violations and
  292  referrals; public records and meeting exemptions.—
  293         (1) The commission shall investigate an alleged violation
  294  of this part or other alleged breach of the public trust within
  295  the jurisdiction of the commission as provided in s. 8(f), Art.
  296  II of the State Constitution:
  297         (a) Upon a written complaint executed on a form prescribed
  298  by the commission which is based upon personal knowledge or
  299  information other than hearsay and signed under oath or
  300  affirmation by any person; or
  301         (b) Upon receipt of a written referral of a possible
  302  violation of this part or other possible breach of the public
  303  trust from the Governor, the Department of Law Enforcement, a
  304  state attorney, or a United States Attorney which at least six
  305  members of the commission determine is sufficient to indicate a
  306  violation of this part or any other breach of the public trust.
  307  
  308  Within 5 days after receipt of a complaint or referral by the
  309  commission or a determination by at least six members of the
  310  commission that the referral received is deemed sufficient, a
  311  copy must shall be transmitted to the alleged violator.
  312         (3)(a) A preliminary investigation must shall be undertaken
  313  by the commission within 30 days after its receipt of each
  314  technically and legally sufficient complaint or referral over
  315  which the commission has jurisdiction to determine whether there
  316  is probable cause to believe that a violation has occurred. A
  317  complainant may submit an amended complaint up to 60 days after
  318  the commission receives the initial complaint. The probable
  319  cause determination is the conclusion of the preliminary
  320  investigation. The commission shall complete the preliminary
  321  investigation, including the probable cause determination, no
  322  later than 1 year after the beginning of the preliminary
  323  investigation.
  324         (b)An investigatory report must be completed no later than
  325  150 days after the beginning of the preliminary investigation.
  326  If, at any one meeting of the commission held during a given
  327  preliminary investigation, the commission determines that
  328  additional time is necessary to adequately complete such
  329  investigation, the commission may extend the timeframe to
  330  complete the preliminary investigation by no more than 60 days.
  331  During such meeting, the commission shall document its reasons
  332  for extending the investigation and transmit a copy of such
  333  documentation to the alleged violator and complainant no later
  334  than 5 days after the extension is ordered. The investigatory
  335  report must be transmitted to the alleged violator and to the
  336  counsel representing the commission no later than 5 days after
  337  completion of the report. As used in this section, the term
  338  “counsel” means an assistant attorney general, or in the event
  339  of a conflict of interest, an attorney not otherwise employed by
  340  the commission. The counsel representing the commission shall
  341  make a written recommendation to the commission for the
  342  disposition of the complaint or referral no later than 15 days
  343  after he or she receives the completed investigatory report. The
  344  commission shall transmit the counsel’s written recommendation
  345  to the alleged violator no later than 5 days after its
  346  completion. The alleged violator has 14 days after the mailing
  347  date of the counsel’s recommendation to respond in writing to
  348  the recommendation.
  349         (c)Upon receipt of the counsel’s recommendation, the
  350  commission shall schedule a probable cause hearing for the next
  351  executive session of the commission for which notice
  352  requirements can be met.
  353         (d) If, upon completion of the preliminary investigation,
  354  the commission finds no probable cause to believe that this part
  355  has been violated, or that no any other breach of the public
  356  trust has been committed, the commission must shall dismiss the
  357  complaint or referral with the issuance of a public report to
  358  the complainant and the alleged violator, stating with
  359  particularity its reasons for dismissal. At that time, the
  360  complaint or referral and all materials relating to the
  361  complaint or referral shall become a matter of public record.
  362         (e) If the commission finds from the preliminary
  363  investigation probable cause to believe that this part has been
  364  violated or that any other breach of the public trust has been
  365  committed, it must transmit a copy of the order finding probable
  366  cause to shall so notify the complainant and the alleged
  367  violator in writing no later than 5 days after the date of the
  368  probable cause determination. Such notification and all
  369  documents made or received in the disposition of the complaint
  370  or referral shall then become public records. Upon request
  371  submitted to the commission in writing, any person who the
  372  commission finds probable cause to believe has violated any
  373  provision of this part or has committed any other breach of the
  374  public trust is shall be entitled to a public hearing and may
  375  elect to have a formal administrative hearing conducted by an
  376  administrative law judge in the Division of Administrative
  377  Hearings. If the person does not elect to have a formal
  378  administrative hearing by an administrative law judge, the
  379  person is entitled to an informal hearing conducted before the
  380  commission. Such person is shall be deemed to have waived the
  381  right to a formal or an informal public hearing if the request
  382  is not received within 14 days following the mailing date of the
  383  probable cause notification required by this paragraph
  384  subsection. However, the commission may, on its own motion,
  385  require a public hearing.
  386         (f)If the commission conducts an informal hearing, it must
  387  be held no later than 75 days after the date of the probable
  388  cause determination.
  389         (g)If the commission refers a case to the Division of
  390  Administrative Hearings for a formal hearing and subsequently
  391  requests that the case be relinquished back to the commission,
  392  or if the administrative law judge assigned to the case
  393  relinquishes jurisdiction back to the commission before a
  394  recommended order is entered, the commission must schedule the
  395  case for additional action at the next commission meeting for
  396  which notice requirements can be met. At the next subsequent
  397  commission meeting, the commission must complete final action on
  398  such case.
  399         (h)The commission, may conduct such further investigation
  400  as it deems necessary, and may enter into such stipulations and
  401  settlements as it finds to be just and in the best interest of
  402  the state. At least two-thirds of the members of the commission
  403  present at a meeting must vote to reject or deviate from a
  404  stipulation or settlement that is recommended by the counsel
  405  representing the commission. The commission is without
  406  jurisdiction to, and no respondent may voluntarily or
  407  involuntarily, enter into a stipulation or settlement which
  408  imposes any penalty, including, but not limited to, a sanction
  409  or admonition or any other penalty contained in s. 112.317.
  410  Penalties may shall be imposed only by the appropriate
  411  disciplinary authority as designated in this section.
  412         (i)If a criminal complaint related to an investigation
  413  pursuant to this section is filed, the timeframes in this
  414  subsection are tolled until completion of the criminal
  415  investigation or prosecution, excluding any appeals from such
  416  prosecution, whichever occurs later.
  417         (j)The failure of the commission to comply with the time
  418  limits provided in this subsection constitutes harmless error in
  419  any related disciplinary action unless a court finds that the
  420  fairness of the proceedings or the correctness of an action may
  421  have been impaired by a material error in procedure or a failure
  422  to follow prescribed procedure.
  423         (k)The timeframes prescribed by this subsection apply to
  424  complaints or referrals submitted to the commission on or after
  425  October 1, 2024.
  426         Section 8. Section 112.326, Florida Statutes, is amended to
  427  read:
  428         112.326 Additional requirements by political subdivisions
  429  and agencies not prohibited; certain procedures preempted.—
  430         (1) Except as provided in subsection (2), Nothing in this
  431  part does not act shall prohibit the governing body of any
  432  political subdivision, by ordinance, or agency, by rule, from
  433  imposing upon its own officers and employees additional or more
  434  stringent standards of conduct and disclosure requirements than
  435  those specified in this part, provided that those standards of
  436  conduct and disclosure requirements do not otherwise conflict
  437  with the provisions of this part.
  438         (2) If a political subdivision or an agency adopts by
  439  ordinance or rule additional or more stringent standards of
  440  conduct and disclosure requirements pursuant to subsection (1),
  441  any noncriminal complaint procedure must:
  442         (a) Require a complaint to be written and signed under oath
  443  or affirmation by the person making the complaint.
  444         (b) Require a complaint to be based upon personal knowledge
  445  or information other than hearsay.
  446         (c) Prohibit the initiation of a complaint or investigation
  447  by the governing body of the political subdivision, agency, or
  448  any entity created to enforce the standards.
  449         (d) Include a provision establishing a process for the
  450  recovery of costs and attorney fees for public officers, public
  451  employees, or candidates for public office against a person
  452  found by the governing body of the political subdivision,
  453  agency, or entity created to enforce the standards to have filed
  454  the complaint with a malicious intent to injure the reputation
  455  of such officer, employee, or candidate by filing the complaint
  456  with knowledge that the complaint contains one or more false
  457  allegations or with reckless disregard for whether the complaint
  458  contains false allegations of fact material to a violation.
  459         (3) Any existing or future ordinance or rule adopted by a
  460  political subdivision or an agency which is in conflict with
  461  subsection (2) is void.
  462         Section 9. Except as otherwise expressly provided in this
  463  act, this act shall take effect upon becoming a law.