| 15 | | - | An act relating to financial disclosures; amending s. 2 |
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| 16 | | - | 99.061, F.S.; revising qualification requirements for 3 |
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| 17 | | - | certain candidates for office; amending s. 112.3144, 4 |
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| 18 | | - | F.S.; requiring certain officers to certify that they 5 |
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| 19 | | - | have completed ethics training; requiring specified 6 |
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| 20 | | - | local officers to file a full and public disclosure of 7 |
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| 21 | | - | financial interests; amending s. 112.3145, F.S.; 8 |
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| 22 | | - | exempting specified local officers from certai n 9 |
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| 23 | | - | financial disclosure requirements; providing that 10 |
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| 24 | | - | certain local officers must file their statements of 11 |
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| 25 | | - | financial interests with a specified supervisor until 12 |
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| 26 | | - | a specified date; revising the documents that must be 13 |
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| 27 | | - | filed electronically; providing that certai n 14 |
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| 28 | | - | delinquency notices may not be sent by certified mail; 15 |
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| 29 | | - | providing effective dates. 16 |
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| 30 | | - | 17 |
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| 31 | | - | Be It Enacted by the Legislature of the State of Florida: 18 |
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| 32 | | - | 19 |
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| 33 | | - | Section 1. Effective April 1, 2022, subsection (5) and 20 |
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| 34 | | - | paragraph (a) of subsection (7) of section 99.061 , Florida 21 |
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| 35 | | - | Statutes, are amended to read: 22 |
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| 36 | | - | 99.061 Method of qualifying for nomination or election to 23 |
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| 37 | | - | federal, state, county, or district office. — 24 |
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| 38 | | - | (5) At the time of qualifying for office, each candidate 25 |
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| 15 | + | An act relating to financial disclosures for elected 2 |
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| 16 | + | local officers; amending s. 112.3144, F.S.; requiring 3 |
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| 17 | + | specified local officers to file a full and public 4 |
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| 18 | + | disclosure of financial interests; amending s. 5 |
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| 19 | + | 112.3145, F.S.; revising the definition of the term 6 |
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| 20 | + | "local officer"; providing an effective date. 7 |
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| 21 | + | 8 |
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| 22 | + | Be It Enacted by the Legislature of the State of Florida: 9 |
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| 23 | + | 10 |
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| 24 | + | Section 1. Paragraph (d) is added to subsec tion (1) of 11 |
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| 25 | + | section 112.3144, Florida Statutes, to read: 12 |
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| 26 | + | 112.3144 Full and public disclosure of financial 13 |
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| 27 | + | interests.— 14 |
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| 28 | + | (1) 15 |
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| 29 | + | (d) The following local officers must comply with the 16 |
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| 30 | + | financial disclosure requirements of s. 8, Art. II of the State 17 |
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| 31 | + | Constitution and this section: 18 |
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| 32 | + | 1. Mayors. 19 |
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| 33 | + | 2. City commissioners. 20 |
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| 34 | + | 3. Elected members of a city council; town council; 21 |
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| 35 | + | village council; or other governing body of a city, town, or 22 |
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| 36 | + | village. 23 |
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| 37 | + | 4. City, county, town, or village managers. 24 |
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| 38 | + | Section 2. Paragraph (a) of subsection (1) of section 25 |
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| 51 | | - | for a constitutional office and each candidate for other 26 |
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| 52 | | - | elective office subject to an annual filing requirement under s. 27 |
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| 53 | | - | 112.3144, shall file a full and public disclosure of financial 28 |
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| 54 | | - | interests pursuant to s. 8, Art. II of the State Constitution, 29 |
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| 55 | | - | which must be verified under oath or affirmation pursuant t o s. 30 |
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| 56 | | - | 92.525(1)(a), and a candidate for any other office, including 31 |
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| 57 | | - | local elective office, shall file a statement of financial 32 |
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| 58 | | - | interests pursuant to s. 112.3145. A candidate who is subject to 33 |
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| 59 | | - | an annual filing requirement under s. 112.3144 may submit a 34 |
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| 60 | | - | verification or receipt of electronic filing pursuant to s. 35 |
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| 61 | | - | 112.3144(4). A candidate who is subject to an annual filing 36 |
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| 62 | | - | requirement under s. 112.3145 may file a verification or receipt 37 |
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| 63 | | - | of electronic filing pursuant to s. 112.3145(2)(c), unless the 38 |
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| 64 | | - | candidate is required to file a full and public disclosure of 39 |
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| 65 | | - | financial interests pursuant to s. 8, Art. II of the State 40 |
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| 66 | | - | Constitution or this subsection. 41 |
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| 67 | | - | (7)(a) In order for a candidate to be qualified, the 42 |
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| 68 | | - | following items must be received by the filing officer by th e 43 |
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| 69 | | - | end of the qualifying period: 44 |
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| 70 | | - | 1. A properly executed check drawn upon the candidate's 45 |
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| 71 | | - | campaign account payable to the person or entity as prescribed 46 |
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| 72 | | - | by the filing officer in an amount not less than the fee 47 |
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| 73 | | - | required by s. 99.092, unless the candidate ob tained the 48 |
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| 74 | | - | required number of signatures on petitions pursuant to s. 49 |
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| 75 | | - | 99.095. The filing fee for a special district candidate is not 50 |
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| 51 | + | 112.3145, Florida Statutes, is amended to read: 26 |
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| 52 | + | 112.3145 Disclosure of financial interests and clients 27 |
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| 53 | + | represented before agencies. — 28 |
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| 54 | + | (1) For purposes of this section, unless the context 29 |
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| 55 | + | otherwise requires, the term: 30 |
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| 56 | + | (a) "Local officer" means: 31 |
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| 57 | + | 1. Every person who is elected to office in any political 32 |
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| 58 | + | subdivision of the state, and every person who is appointed to 33 |
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| 59 | + | fill a vacancy for an unexpired term in such an elective office. 34 |
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| 60 | + | The term "local officer" does not include mayors; city 35 |
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| 61 | + | commissioners; elected members of a city council, town council, 36 |
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| 62 | + | or village council, or any other governing body of a city, town, 37 |
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| 63 | + | or village; or city, county, town, or village managers. 38 |
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| 64 | + | 2. Any appointed member of any of the following boards, 39 |
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| 65 | + | councils, commissions, authorities, or other bodies of any 40 |
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| 66 | + | county, municipality, school district, independent special 41 |
|---|
| 67 | + | district, or other political subdivision of the state: 42 |
|---|
| 68 | + | a. The governing body of the political subdivision, if 43 |
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| 69 | + | appointed; 44 |
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| 70 | + | b. A community college or junior college district board of 45 |
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| 71 | + | trustees; 46 |
|---|
| 72 | + | c. A board having the power to enforce local code 47 |
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| 73 | + | provisions; 48 |
|---|
| 74 | + | d. A planning or zoning board, board of adjustment, board 49 |
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| 75 | + | of appeals, community redevelopment agency board, or other board 50 |
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| 88 | | - | required to be drawn upon the candidate's campaign account. If a 51 |
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| 89 | | - | candidate's check is returned by the bank for any reason, t he 52 |
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| 90 | | - | filing officer must shall immediately notify the candidate and 53 |
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| 91 | | - | the candidate has shall have until the end of qualifying to pay 54 |
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| 92 | | - | the fee with a cashier's check purchased from funds of the 55 |
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| 93 | | - | campaign account. Failure to pay the fee as provided in this 56 |
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| 94 | | - | subparagraph disqualifies shall disqualify the candidate. 57 |
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| 95 | | - | 2. The candidate's oath required by s. 99.021, which must 58 |
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| 96 | | - | contain the name of the candidate as it is to appear on the 59 |
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| 97 | | - | ballot; the office sought, including the district or group 60 |
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| 98 | | - | number if applicable; and the signature of the candidate, which 61 |
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| 99 | | - | must be verified under oath or affirmation pursuant to s. 62 |
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| 100 | | - | 92.525(1)(a). 63 |
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| 101 | | - | 3. If the office sought is partisan, the written statement 64 |
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| 102 | | - | of political party affiliation required by s. 99.021(1)(b); or 65 |
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| 103 | | - | if the candidate is r unning without party affiliation for a 66 |
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| 104 | | - | partisan office, the written statement required by s. 67 |
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| 105 | | - | 99.021(1)(c). 68 |
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| 106 | | - | 4. The completed form for the appointment of campaign 69 |
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| 107 | | - | treasurer and designation of campaign depository, as required by 70 |
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| 108 | | - | s. 106.021. 71 |
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| 109 | | - | 5. The full and public disclosure or statement of 72 |
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| 110 | | - | financial interests required by subsection (5). A public officer 73 |
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| 111 | | - | who has filed the full and public disclosure or statement of 74 |
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| 112 | | - | financial interests with the Commission on Ethics or the 75 |
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| 88 | + | having the power to recommend, create, or modify land planning 51 |
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| 89 | + | or zoning within the political subdivision, except for citizen 52 |
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| 90 | + | advisory committees, technical coordinating committees, and such 53 |
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| 91 | + | other groups who only have the power to make recommendations to 54 |
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| 92 | + | planning or zoning boards; 55 |
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| 93 | + | e. A pension board or retirement board having the power to 56 |
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| 94 | + | invest pension or retirement funds or the power to make a 57 |
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| 95 | + | binding determination of one's entitlement to or amount of a 58 |
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| 96 | + | pension or other retirement benefit; or 59 |
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| 97 | + | f. Any other appoin ted member of a local government board 60 |
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| 98 | + | who is required to file a statement of financial interests by 61 |
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| 99 | + | the appointing authority or the enabling legislation, ordinance, 62 |
|---|
| 100 | + | or resolution creating the board. 63 |
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| 101 | + | 3. Any person holding one or more of the following 64 |
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| 102 | + | positions: mayor; county or city manager; chief administrative 65 |
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| 103 | + | employee of a county, municipality, or other political 66 |
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| 104 | + | subdivision; county or municipal attorney; finance director of a 67 |
|---|
| 105 | + | county, municipality, or other political subdivision; chief 68 |
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| 106 | + | county or municipal building code inspector; county or municipal 69 |
|---|
| 107 | + | water resources coordinator; county or municipal pollution 70 |
|---|
| 108 | + | control director; county or municipal environmental control 71 |
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| 109 | + | director; county or municipal administrator, with power to grant 72 |
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| 110 | + | or deny a land developm ent permit; chief of police; fire chief; 73 |
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| 111 | + | municipal clerk; district school superintendent; community 74 |
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| 112 | + | college president; district medical examiner; or purchasing 75 |
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| 125 | | - | supervisor of elections before prior to qualifying for office 76 |
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| 126 | | - | may file a copy of that disclosure at the time of qualifying or 77 |
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| 127 | | - | a verification or receipt of electronic filing as provided in 78 |
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| 128 | | - | subsection (5). 79 |
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| 129 | | - | Section 2. Effective January 1, 2023, paragraph (a) of 80 |
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| 130 | | - | subsection (1) of section 112. 3144, Florida Statutes, is 81 |
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| 131 | | - | amended, and paragraph (d) is added to that subsection, to read: 82 |
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| 132 | | - | 112.3144 Full and public disclosure of financial 83 |
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| 133 | | - | interests.— 84 |
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| 134 | | - | (1)(a) An officer who is required by s. 8, Art. II of the 85 |
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| 135 | | - | State Constitution to file a full and pub lic disclosure of his 86 |
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| 136 | | - | or her financial interests for any calendar or fiscal year, or 87 |
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| 137 | | - | any other person required by law to file a disclosure under this 88 |
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| 138 | | - | section, shall file that disclosure with the Florida Commission 89 |
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| 139 | | - | on Ethics. Additionally, an officer who is required to file a 90 |
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| 140 | | - | full and public disclosure of his or her financial interests 91 |
|---|
| 141 | | - | under this part and complete annual ethics training pursuant to 92 |
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| 142 | | - | s. 112.3142 must certify on his or her full and public 93 |
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| 143 | | - | disclosure of financial interests that he or she has com pleted 94 |
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| 144 | | - | the required training. 95 |
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| 145 | | - | (d) The following local officers must comply with the 96 |
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| 146 | | - | financial disclosure requirements of s. 8, Art. II of the State 97 |
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| 147 | | - | Constitution and this section: 98 |
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| 148 | | - | 1. Mayors. 99 |
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| 149 | | - | 2. City commissioners. 100 |
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| 150 | | - | |
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| 151 | | - | CS/HB 301 2022 |
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| 152 | | - | |
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| 153 | | - | |
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| 154 | | - | |
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| 155 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 156 | | - | hb0301-01-c1 |
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| 157 | | - | Page 5 of 8 |
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| 158 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 159 | | - | |
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| 160 | | - | |
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| 161 | | - | |
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| 162 | | - | 3. Elected members of a city council; town council; 101 |
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| 163 | | - | village council; or other governing body of a city, town, or 102 |
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| 164 | | - | village. 103 |
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| 165 | | - | 4. City, county, town, or village managers. 104 |
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| 166 | | - | Section 3. Paragraphs (b), (d), and (e) of subsection (2) 105 |
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| 167 | | - | and paragraph (c) of subs ection (8) of section 112.3145, Florida 106 |
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| 168 | | - | Statutes, are amended to read: 107 |
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| 169 | | - | 112.3145 Disclosure of financial interests and clients 108 |
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| 170 | | - | represented before agencies. — 109 |
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| 171 | | - | (2) 110 |
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| 172 | | - | (b) Each state or local officer , except local officers 111 |
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| 173 | | - | specified in s. 112.3144(1)(d), and each specified state 112 |
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| 174 | | - | employee shall file a statement of financial interests no later 113 |
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| 175 | | - | than July 1 of each year. Each state officer, local officer, and 114 |
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| 176 | | - | specified state employee shall file a final statement of 115 |
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| 177 | | - | financial interests within 60 days after leaving his or her 116 |
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| 178 | | - | public position for the period between January 1 of the year in 117 |
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| 179 | | - | which the person leaves and the last day of office or 118 |
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| 180 | | - | employment, unless within the 60 -day period the person takes 119 |
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| 181 | | - | another public position requiring financial disclosure under 120 |
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| 182 | | - | this section or s. 8, Art. II of the State Constitution or 121 |
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| 183 | | - | otherwise is required to file full and public disclosure or a 122 |
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| 184 | | - | statement of financial interests for the final disclosure 123 |
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| 185 | | - | period. Each state or local officer who is appointed and each 124 |
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| 186 | | - | specified state empl oyee who is employed shall file a statement 125 |
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| 187 | | - | |
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| 188 | | - | CS/HB 301 2022 |
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| 189 | | - | |
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| 190 | | - | |
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| 191 | | - | |
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| 192 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 193 | | - | hb0301-01-c1 |
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| 194 | | - | Page 6 of 8 |
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| 195 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 196 | | - | |
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| 197 | | - | |
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| 198 | | - | |
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| 199 | | - | of financial interests within 30 days after from the date of 126 |
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| 200 | | - | appointment or, in the case of a specified state employee, after 127 |
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| 201 | | - | from the date on which the employment begins, except that any 128 |
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| 202 | | - | person whose appointment is subject to confirmation by the 129 |
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| 203 | | - | Senate shall file before prior to confirmation hearings or 130 |
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| 204 | | - | within 30 days after from the date of appointment, whichever 131 |
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| 205 | | - | comes first. 132 |
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| 206 | | - | (d) State officers and specified state employees shall 133 |
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| 207 | | - | file their statements of financ ial interests with the 134 |
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| 208 | | - | commission. Through December 31, 2022, local officers shall file 135 |
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| 209 | | - | their statements of financial interests with the supervisor of 136 |
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| 210 | | - | elections of the county in which they permanently reside. 137 |
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| 211 | | - | Through December 31, 2022, local officers who d o not permanently 138 |
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| 212 | | - | reside in any county in this the state shall file their 139 |
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| 213 | | - | statements of financial interests with the supervisor of 140 |
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| 214 | | - | elections of the county in which their agency maintains its 141 |
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| 215 | | - | headquarters. Persons seeking to qualify as candidates for local 142 |
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| 216 | | - | public office shall file their statements of financial interests 143 |
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| 217 | | - | with the officer before whom they qualify. 144 |
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| 218 | | - | (e) Beginning January 1, 2023, a statement of financial 145 |
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| 219 | | - | interests and a final statement of financial interests, and any 146 |
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| 220 | | - | amendments thereto, or any other form required by this section, 147 |
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| 221 | | - | except any statement of a candidate who is not subject to an 148 |
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| 222 | | - | annual filing requirement, all statements filed with the 149 |
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| 223 | | - | commission must be filed electronically through an electronic 150 |
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| 224 | | - | |
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| 225 | | - | CS/HB 301 2022 |
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| 226 | | - | |
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| 227 | | - | |
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| 228 | | - | |
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| 229 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 230 | | - | hb0301-01-c1 |
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| 231 | | - | Page 7 of 8 |
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| 232 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 233 | | - | |
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| 234 | | - | |
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| 235 | | - | |
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| 236 | | - | filing system that is created and maintained by the commission 151 |
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| 237 | | - | as provided in s. 112.31446. 152 |
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| 238 | | - | (8) Forms for compliance with the disclosure requirements 153 |
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| 239 | | - | of this section and a current list of persons subject to 154 |
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| 240 | | - | disclosure shall be created by the commission and provided to 155 |
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| 241 | | - | each supervisor of elec tions. The commission and each supervisor 156 |
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| 242 | | - | of elections shall give notice of disclosure deadlines and 157 |
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| 243 | | - | delinquencies and distribute forms in the following manner: 158 |
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| 244 | | - | (c) Not later than August 1 of each year, the commission 159 |
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| 245 | | - | and each supervisor of elections sha ll determine which persons 160 |
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| 246 | | - | required to file a statement of financial interests in their 161 |
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| 247 | | - | respective offices have failed to do so and shall send 162 |
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| 248 | | - | delinquency notices to these persons. Through December 31, 2022, 163 |
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| 249 | | - | delinquency notices must be sent by certified ma il, return 164 |
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| 250 | | - | receipt requested. Each notice must state that a grace period is 165 |
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| 251 | | - | in effect until September 1 of the current year; that no 166 |
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| 252 | | - | investigative or disciplinary action based upon the delinquency 167 |
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| 253 | | - | will be taken by the agency head or commission if the state ment 168 |
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| 254 | | - | is filed by September 1 of the current year; that, if the 169 |
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| 255 | | - | statement is not filed by September 1 of the current year, a 170 |
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| 256 | | - | fine of $25 for each day late will be imposed, up to a maximum 171 |
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| 257 | | - | penalty of $1,500; for notices distributed by a supervisor of 172 |
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| 258 | | - | elections, that he or she is required by law to notify the 173 |
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| 259 | | - | commission of the delinquency; and that, if upon the filing of a 174 |
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| 260 | | - | sworn complaint the commission finds that the person has failed 175 |
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| 261 | | - | |
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| 262 | | - | CS/HB 301 2022 |
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| 263 | | - | |
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| 264 | | - | |
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| 265 | | - | |
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| 266 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 267 | | - | hb0301-01-c1 |
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| 268 | | - | Page 8 of 8 |
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| 269 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 270 | | - | |
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| 271 | | - | |
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| 272 | | - | |
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| 273 | | - | to timely file the statement within 60 days after September 1 of 176 |
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| 274 | | - | the current year, such person will also be subject to the 177 |
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| 275 | | - | penalties provided in s. 112.317. Beginning January 1, 2023, 178 |
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| 276 | | - | notice required under this paragraph : 179 |
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| 277 | | - | 1. May not be sent by certified mail. 180 |
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| 278 | | - | 2. Must be delivered by e -mail and must be redelivered on 181 |
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| 279 | | - | a weekly basis by e-mail as long as the person remains 182 |
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| 280 | | - | delinquent. 183 |
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| 281 | | - | Section 4. Except as otherwise expressly provided in this 184 |
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| 282 | | - | act, this act shall take effect upon becoming a law. 185 |
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| 125 | + | agent having the authority to make any purchase exceeding the 76 |
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| 126 | + | threshold amount provided for in s . 287.017 for CATEGORY TWO, on 77 |
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| 127 | + | behalf of any political subdivision of the state or any entity 78 |
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| 128 | + | thereof. 79 |
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| 129 | + | Section 3. This act shall take effect July 1, 2022. 80 |
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