This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0301.PIE
DATE: 1/10/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 301 Financial Disclosures for Elected Local Officers
SPONSOR(S): Roach
TIED BILLS: IDEN./SIM. BILLS: CS/SB 510
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Public Integrity & Elections Committee Roy Rubottom
2) Local Administration & Veterans Affairs
Subcommittee
3) State Affairs Committee
SUMMARY ANALYSIS
HB 301 would require the following elected members of municipal governing bodies, mayors and municipal
county managers to annually disclose their financial interests by filing a full and public disclosure of financial
interest form pursuant to the Florida Constitution. This form is referred to as Form 6.
The Florida Constitution presently requires all elected constitutional officers, candidates for such offices, and
statewide elected officers, to file a full and public disclosure of their financial interests. Other public officers,
candidates, and public employees may be required to file a full and public disclosure of their financial interests
as determined by law.
Another, less detailed disclosure form, referred to as Form 1, must be filed by a large group of local officers
including all officers holding elected positions in any political subadvisor of the state as well as specified
appointive officers, specified state officers, and employees and persons seeking to qualify as candidates for
state or local office. Form 1 requires the disclosure of the person’s primary and secondary sources of income,
specified real property interests, and specified intangible personal property. Form 1 does not require specified
amounts for these disclosures.
HB 301 also removes those officers from the definition of “local officer” as laid out in the statute. Both forms
require the disclosure of specified businesses granted a privilege to operate in Florida. Many must certify
completion of required ethics training. All Form 6 and Form 1 filers must also file quarterly reports naming
clients represented for a fee before agencies at the filer’s level of government. This change would except the
listed officers from current disclosure requirements relating to ethics training, interests in specified businesses
and representation of clients before the officer’s level of state government.
There are no anticipated costs and revenues.
The bill has an effective date of July 1, 2022. STORAGE NAME: h0301.PIE PAGE: 2
DATE: 1/10/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Full and Public Disclosure of Financial Interests
Present Situation
The Florida Constitution requires all elected constitutional officers, candidates for such offices, and
statewide elected officers, to file a full and public disclosure of their financial interests. Other public
officers, candidates, and public employees may be required to file a full and public disclosure of their
financial interests as determined by law.
1
The term “full and public disclosure of financial interests” means the reporting individual must disclose
his or her net worth and the value of each asset and liability in excess of $1,000. The disclosure must
be accompanied by either a sworn statement which identifies each separate source and amount of
income which exceeds $1,000 or a copy of the reporting individual’s most recent federal income tax
return.
2
Pursuant to general law, the Commission on Ethics (Commission) has created by rule CE Form
6 (Form 6) to be used to make the required full and public financial disclosure.
3
Individuals holding the following positions must presently file Form 6: governor; lieutenant governor;
cabinet members; legislators; state attorneys; public defenders; clerks of circuit courts; sheriffs; tax
collectors; property appraisers; supervisors of elections; county commissioners; elected
superintendents of schools; district school board members; Jacksonville City Council members
(including the mayor); compensation claims judges; Duval County superintendent of schools; Florida
Housing Finance Corporation Board members; Florida Prepaid College Board members; and each
expressway authority, transportation authority (except the Jacksonville Transportation Authority), bridge
authority, or toll authority created pursuant to Chapter 348 or 343, F.S., or any other general law.
Reporting individuals are required to file Form 6 annually with the Commission by July 1. Additionally,
candidates for a constitutional officer are required to make a full and public disclosure of their financial
interests at the time of qualifying.
Beginning January 1, 2022, annual Form 6 disclosures filed with the Commission must be filed
electronically through an electronic filing system that is created and maintained by the Commission.
4
Candidates will continue to file a copy of their Form 6 with the election office in which they file qualifying
papers.
In addition to those filing Form 6, current law requires a less detailed disclosure of financial interests
using the Commission’s CE Form 1 (Form 1). Form 1 must be filed by a large group of local officers,
including all officers holding elected positions in political subdivision of the state other than counties as
well as specified appointive officers. Other persons filing Form 1 include specified state officers and
employees and persons seeking to qualify as candidates for state or local office.
5
Form 1 requires the individual disclose their primary sources of income from which they receive over
$2,500 of gross income as well as secondary sources of income if the filer owned more than 5% of the
total assets or capital stock of a business entity and the filer received more than $5,000 of gross
income during that disclosure period from the business entity. Form 1 filers must also disclose Florida
real property interests in excess of 5% of the property’s value, and intangible personal property that
1
See s. 112.3144(1)(b), F.S.
2
S. 8(i)(1), Art. II, Fl. Const. (schedule in effect until changed by law); s. 112.3144, F.S. (clarifying and limiting disclosure).
3
S. 112.3144(8), F.S.
4
S. 112.31446, F.S.
5
S. 112.3145, F.S. STORAGE NAME: h0301.PIE PAGE: 3
DATE: 1/10/2022
was worth more than $10,000 identifying the business entity to which the property related. These filers
must also disclose each liability in excess of $10,000 including the name and address of the creditor
when owed at any time during the disclosure period.
6
Until the end of 2022, filers may make their
disclosure using alternate thresholds based on a percentage of gross income, total assets, or net
worth.
7
Form 1 must be filed annually with the Commission by July 1.
All persons required to file Form 6 or Form 1 also disclose interests in specified businesses granted a
privilege to operate in the state of Florida.
8
All Form 6 filers and Form 1 filers also must file quarterly
reports naming clients represented for a fee before agencies at the filer’s level of government. These
requirements are spelled out for local officers and others in the same section
9
of the statute requiring
the Form 1 disclosures.
Effects of Proposed Changes
The bill adds additional local officers to the list of those that must file Form 6 annually: mayors, city
commissioners, elected members of a city council; town council; village council, or other governing
body of a city, town, or village, as well as city, county, town or village managers.
The bill also removes those officers from the definition of “local officer” in the section of law
10
requiring
disclosures including the Form 1 disclosures. This change would also exempt those officers from
current disclosure requirements relating to ethics training, interests in specified businesses and
representation of clients before the officer’s level of state government. Candidates for such office
including incumbents, however, would continue to file Form 1 to qualify for office. As a result, in a re-
election year, an incumbent seeking re-election to the affected offices would have to file both Form 6
and Form 1.
B. SECTION DIRECTORY:
Section 1: Amends s. 112.3144 to require certain municipal officers and county managers to make full
and public financial disclosure as constitutionally required of constitutional officers.
Section 2: Amends s. 112.3145 to remove the affected officers from the disclosure requirements in that
section.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill does appear to impact state revenues.
2. Expenditures:
The bill does not appear to impose significant state expenditures.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill does not appear to impact local government revenues.
6
S. 112.3145(3)(b), F.S.
7
S. 112.3145(3)(a), F.S.
8
S. 112.313(19), F.S. lists specific entities including banks, insurance companies, cemetery companies, public utilities
and others.
9
S. 112.3145, F.S.
10
S. 112.3145, F.S. STORAGE NAME: h0301.PIE PAGE: 4
DATE: 1/10/2022
2. Expenditures:
The bill does not appear to significantly impact local government expenditure.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill does not appear to have an economic impact on the private sector.
D. FISCAL COMMENTS:
N/A
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
The bill imposes additional financial disclosures on certain officers of local government but the
burden on the governments themselves does not appear to reach the threshold required to be
affected by s. 18, Art. VII, Fl. Const.
2. Other:
N/A
B. RULE-MAKING AUTHORITY:
N/A
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill adds certain local officers to the list of officials filing Form 6 financial disclosures. Section 2
appears to have the intent of removing those officers from Form 1 filing but as drafted it eliminates
disclosures of interests in specified businesses and representations of clients before the officer’s level
of government. The Senate’s companion bill originally included this same change but the Senate Ethics
and Elections Committee amended that bill on November 30, 2021 so that section 2 only removes the
affected officers from the Form 1 filing requirement.
As drafted, the bill does not change the Form 1 disclosures required of candidates for election to the
affected offices, thereby requiring incumbent candidates to file both Form 6 and Form 1 in the re-
election year.
The bill is effective July 1, 2022. However, both Form 1 and Form 6 disclosures are due each year “no
later than July 1”. As drafted, the bill significantly alters a complex disclosure requirement on the day
such requirement must be completed. By amendment in Senate Ethics and Elections Committee, the
Senate bill is effective January 1, 2023. That effective date removes any ambiguity regarding annual
filing in the initial year.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES