This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0301a.PIE
DATE: 1/13/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS 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
PCS HB 301 would require elected members of municipal governing bodies, mayors, city commissioners and
municipal and county managers to annually disclose their financial interests by filing a full and public disclosure
of financial interest form 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. General law requires
certain other public officers to file Form 6. Another, less detailed disclosure form, referred to as Form 1, must
be filed by specified local officers including all officers holding elected positions in any political subdivision of
the state as well as specified appointive officers, specified state officers, and employees as well as persons
seeking to qualify as candidates for state or local office.
PCS HB 301 exempts local officers who will be required to file Form 6 from the present requirement to file
Form 1.
Under The Florida Election Code
1
(Election Code), candidates must file Form 6 or Form 1 with their
qualification papers filed with the appropriate election officer. Candidates who are subject to an annual filing
requirement may file a copy of their annual filing or rely on the elections officer to forward their candidate
disclosure to the Commission on Ethics (Commission) in lieu of an annual disclosure filed with the
Commission.
The bill also resolves an incongruity between the Code of Ethics and the Election Code to clarify that an
incumbent in an elective office or a candidate holding another position subject to an annual filing requirement
who has filed his or her annual disclosure electronically, may submit a copy of the disclosure filed with the
Commission, or a verification or receipt of the filing, with the officer before whom he or she qualifies.
Finally, the bill clarifies certain provisions of law related to the transition to electronic filing of Form 1
disclosures with the Commission set to begin January 1, 2023.
There are no anticipated costs and revenues.
The bill has an effective date of January 1, 2023. However, changes to candidate qualification are effective
April 1, 2022.
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S. 97.011, F.S. STORAGE NAME: h0301a.PIE PAGE: 2
DATE: 1/13/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Full and Public Disclosure of Financial Interests
Present Situation
Financial Disclosures of Public Officers
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.
2
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.
3
Pursuant to general law, the Commission has created by rule CE Form 6 (Form 6) to be used
to make the required full and public financial disclosure.
4
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.
5
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.
6
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
2
See s. 112.3144(1)(b), F.S.
3
S. 8(i)(1), Art. II, Fl. Const. (schedule in effect until changed by law); s. 112.3144, F.S. (clarifying and limiting disclosure).
4
S. 112.3144(8), F.S.
5
S. 112.31446, F.S.
6
S. 112.3145, F.S. STORAGE NAME: h0301a.PIE PAGE: 3
DATE: 1/13/2022
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
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.
7
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.
8
Form 1 must be filed annually with the Commission by July 1. Beginning January 1, 2023 Form
1 must be filed electronically.
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.
9
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. Many
Form 6 and Form 1 filers must also certify their completion of any required ethics training on their
respective financial disclosure form.
Candidate Qualifications Respecting Financial Disclosures
Under the Election Code, at the time of qualifying for office, each candidate for a constitutional office
must file a full and public disclosure of financial interests pursuant to s. 8, Art. II of the State
Constitution, which must be verified under oath or affirmation, and a candidate for any other office,
including local elective office, must file a statement of financial interests.
10
When a candidate has
qualified for office prior to the deadline to file an annual financial disclosure, the disclosure filed with the
candidate’s qualifying papers is deemed to satisfy the annual disclosure requirement.
11
Beginning January 1, 2023, under the Code of Ethics, an incumbent in an elective office or a candidate
holding another position subject to an annual filing requirement who has filed his or her annual
disclosure electronically, may submit a copy of the disclosure filed with the Commission, or a
verification or receipt of the filing, with the officer before whom he or she qualifies.
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A candidate not
subject to an annual filing requirement does not file with the Commission, but may complete and print
the appropriate disclosure form to file with the officer before whom he or she qualifies.
13
Under the Elections Code, in order for a candidate to be qualified, the filing officer must receive the full
and public disclosure or statement of financial interests.
14
This provision is inconsistent with the
verification or receipt provisions in the Code of Ethics. If the filing officer receives qualifying papers
during the qualifying period prior to the last day of qualifying, the filing officer shall make a reasonable
effort to notify the candidate of any missing or incomplete items and shall inform the candidate that all
required items must be received by the close of qualifying.
15
7
S. 112.3145(3)(b), F.S.
8
S. 112.3145(3)(a), F.S.
9
S. 112.313(19), F.S. lists specific entities including banks, insurance companies, cemetery companies, public utilities
and others.
10
S. 99.061, F.S.
11
Ss. 112.3144(3), 112.3145(2)(a), F.S.
12
Ss. 112.3144(4), 112.3145(2)(c), F.S.
13
Ss. 112.3144(4), 112.3145(2)(c), F.S.
14
S. 99.061(7)(a)5., F.S.
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S. 99.061(7)(b), F.S. STORAGE NAME: h0301a.PIE PAGE: 4
DATE: 1/13/2022
Effects of Proposed Changes
The bill adds specified local officers to the list of those who 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 adds candidates qualifying for constitutional or other elective office subject to an annual Form 6
filing requirement to the list of those that must file Form 6 prior to running for the office. It clarifies in the
Elections Code that candidates may submit a verification or receipt of electronic filing if they have filed
an annual financial disclosure electronically with the Commission.
The bill conforms language so that local officers who will be required to file Form 6 will not be required
to file Form 1. The bill also clarifies that local officers, through December 31, 2022, must file their
annual statements of financial interests with the appropriate county supervisor of elections. The bill also
clarifies that Form 1 and any other form required by s. 112.3145, except a statement of a candidate not
subject to an annual filing requirement, must be filed electronically through an electronic filing system
created and maintained by the Commission.
Finally, the bill clarifies other provisions with respect to certain notices and the role of Supervisors of
Election pending the transition next year to electronic filing of annual Form 1 disclosures.
B. SECTION DIRECTORY:
Section 1: Amends s. 99.061, F.S., effective April 1, 2022, to clarify candidate financial disclosure
requirements and authorize a receipt or verification of filing Form 1 or Form 6 to be filed with qualifying
papers in lieu of a copy of the competed form.
Section 2: Amends s. 112.3144, F.S., to require certain municipal officers and county managers to
make full and public financial disclosure as is required of constitutional officers.
Section 3: Amends s. 112.3145, F.S., to remove the affected officers from the Form 1 disclosure
requirements in that section and clarifies filing and notice requirements during transition to electronic
filing of financial disclosures.
Section 4: Provides that, except for Section 1, the bill shall take effect on January 1, 2023.
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.
STORAGE NAME: h0301a.PIE PAGE: 5
DATE: 1/13/2022
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:
There are a number of provisions that come into effect prior to the effective date of the bill. Through
December 31, 2022, local officers file their statements of financial interest with a supervisor of
elections. Lastly, the delinquency notice provision is effective through December 31, 2022. These
provisions cannot become effective if the bill’s effective date is January 1, 2023.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 12, 2022, the Public Integrity & Elections Committee considered HB 301 and adopted two
amendments. The bill was temporarily postponed by operation of House Rule 7.11(d).
Amendment 1 added a new section to the bill which revises the candidate qualification law,
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to clarify that
any candidate for any elective office subject to an annual filing of Form 6 must file a Form 6 at the time of
qualifying for office. The amendment also clarifies that office-holders seeking re-election or election to a
different office may file a receipt or verification of electronic filing of Form 6 or Form 1 with their candidate
qualifying papers rather than a copy of their financial disclosures.
Amendment 2 revised Section 2 of the original bill to eliminate the change in definition of local officer,
instead exempting local officers from the Form 1 filing requirement if they are required to file Form 6. The
amendment also clarifies certain filing and notice requirements with respect to the pending transition to
electronic filing of Form 1 with the Commission beginning January 1, 2023.
This analysis is drafted to a proposed committee substitute engrossing those amendments.
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S. 99.061, F.S.