This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0301f.SAC
DATE: 2/28/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 301 Financial Disclosures
SPONSOR(S): Public Integrity & Elections Committee, Roach and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 510
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Public Integrity & Elections Committee 16 Y, 0 N, As CS Roy Rubottom
2) Local Administration & Veterans Affairs
Subcommittee
17 Y, 0 N Leshko Miller
3) State Affairs Committee 18 Y, 0 N Leshko Williamson
SUMMARY ANALYSIS
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, referred to as Form 6.
General law requires certain other public officers to also file Form 6. Another, less detailed disclosure form,
referred to as Form 1, must be filed by specified local officers including all officers, other than constitutional
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.
Under the Florida Election Code (Election Code), candidates must file Form 6 or Form 1 with their qualification
papers filed with the appropriate elections 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. However, the
Code of Ethics authorizes a candidate subject to annual filing to file with the election officer a verification or
receipt of electronic filing in lieu of a copy of the disclosure.
The bill requires elected members of municipal governing bodies, mayors, city commissioners, and municipal
and county managers to annually disclose their financial interests by filing Form 6 beginning in 2023. The bill
exempts local officers required to file Form 6 from the present requirement to file Form 1.
The bill resolves the inconsistency between the Code of Ethics and the Election Code to clarify that, effective
April 1, 2022, 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 financial 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 or revenues.
The bill is effective upon becoming law; however, changes to candidate qualification are effective April 1, 2022,
and the requirement of specified local officers to file Form 6 is effective January 1, 2023.
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DATE: 2/28/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
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.
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 that identifies each separate source and amount of
income that 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 court; 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 must file Form 6 annually with the Commission by July 1. Additionally, candidates
for a constitutional office must 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 elections 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 subdivisions 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 to disclose his or her primary sources of income from which he or she
receives over $2,500 of gross income, as well as secondary sources of income, if the filer owned more
than 5 percent 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 percent of the property’s value, and intangible
personal property that was worth more than $10,000, identifying the business entity to which the
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: h0301f.SAC PAGE: 3
DATE: 2/28/2022
property related. These filers must 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.
8
Beginning
January 1, 2023, Form 1 must be filed electronically.
9
All persons required to file Form 6 or Form 1 must disclose interests in specified businesses granted a
privilege to operate in the state of Florida.
10
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. Certain
Form 6 and Form 1 filers must 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 art. II, s. 8 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.
11
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.
12
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.
13
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.
14
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.
15
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 must make a reasonable
effort to notify the candidate of any missing or incomplete items and inform the candidate that all
required items must be received by the close of qualifying.
16
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
Election Code that candidates may submit a verification or receipt of electronic filing if they have filed
an annual financial disclosure electronically with the Commission.
6
S. 112.3145(3)(b), F.S.
7
S. 112.3145(3)(a), F.S.
8
S. 112.3145(2)(b), F.S.
9
S. 112.3145(2)(d), F.S.
10
S. 112.313(19), F.S. lists specific entities including banks, insurance companies, cemetery companies, public utilities
and others.
11
S. 99.061, F.S.
12
Ss. 112.3144(3), 112.3145(2)(a), F.S.
13
Ss. 112.3144(4), 112.3145(2)(c), F.S.
14
Ss. 112.3144(4), 112.3145(2)(c), F.S.
15
S. 99.061(7)(a)5., F.S.
16
S. 99.061(7)(b), F.S. STORAGE NAME: h0301f.SAC PAGE: 4
DATE: 2/28/2022
The bill provides that local officers required to file Form 6 are not 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. It also clarifies that Form 1 and any other
form required by s. 112.3145, F.S., 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
elections 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., effective January 1, 2023, 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 required to file Form 6 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 an effective date of upon becoming a law, except as otherwise expressly provided.
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.
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:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
STORAGE NAME: h0301f.SAC PAGE: 5
DATE: 2/28/2022
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:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
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). The amendments were
engrossed in PCS HB 301 published on January 13, 2022.
Amendment Barcode No. 664549 added a new section to the bill which revises the candidate
qualification law,17 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 Barcode No. 145413 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.
On January 18, 2022, the Public Integrity & Elections Committee considered PCS HB 301, adopted two
additional amendments and reported the bill favorably as a committee substitute.
Amendment 1, denominated PCS for HB 301 a1, clarified that local officers who will file Form 6
beginning in 2023 will continue to certify on their financial disclosure their receipt of required ethics
training. The amendment also fixes the effective date of Section 2 of the bill as January 1, 2023.
Amendment 2, denominated PCS for HB 301 a2, revised Section 4 to make the general effective date
of the bill to be upon becoming law.
This analysis is drafted to the committee substitute as approved by the Public Integrity & Elections Committee.
17
S. 99.061, F.S.