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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
A bill to be entitled 1
An act relating to ethics reform; repealing s. 11.061, 2
F.S., relating to state, state university, and 3
community college employee lobbyists; amending s. 4
99.061, F.S.; revising qualification requirements for 5
certain candidates for office; amending s. 112.313 , 6
F.S.; providing that contractual relationships held by 7
a business entity are deemed to be held by a public 8
officer or employee under certain circumstances; 9
providing that certain actions are not considered a 10
conflict unless prohibited or deemed a conflic t by 11
another law; revising postemployment restrictions for 12
certain employees; revising applicability of certain 13
provisions relating to contractual relationships; 14
amending s. 112.3142, F.S.; requiring certain persons 15
to complete certain ethics training; rem oving the 16
authority for the Commission on Ethics to adopt rules; 17
providing requirements for course content for certain 18
portions of ethics training classes; providing 19
legislative intent; amending s. 112.3143, F.S.; 20
providing that certain officers and board members may 21
not vote in an official capacity if there is a 22
conflict of interest; amending s. 112.3144, F.S.; 23
requiring certain officers to certify that they have 24
completed annual ethics training; requiring such 25
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officers and members to provide the name of t he 26
training provider beginning on a specified date; 27
specifying that failure to provide the name of a 28
training provider is not an immaterial, 29
inconsequential, or de minimis error or omission; 30
amending s. 112.3145, F.S.; exempting specified 31
officers from certain financial disclosure 32
requirements; providing that certain local officers 33
must file their statements of financial interests with 34
a specified supervisor until a specified date; 35
revising the documents that must be filed 36
electronically; requiring certain officers to provide 37
the name of the training provider beginning on a 38
specified date; providing that certain delinquency 39
notices may not be sent by certified mail beginning on 40
a specified date; amending s. 112.31455, F.S.; 41
prohibiting an action to collect c ertain unpaid fines 42
from certain persons after a specified time period; 43
amending s. 112.3185, F.S.; removing certain 44
applicability; amending s. 112.3215, F.S.; revising 45
and providing definitions; requiring lobbyists to 46
electronically register with the comm ission; revising 47
lobbyist registration, compensation report, principal 48
designation cancellation, and investigation 49
requirements; authorizing the commission to dismiss 50
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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
certain complaints and investigations; amending s. 51
420.5061, F.S.; conforming a provision to changes made 52
by the act; providing a statement of important state 53
interest; providing effective dates. 54
55
Be It Enacted by the Legislature of the State of Florida: 56
57
Section 1. Section 11.061, Florida Statutes, is repealed. 58
Section 2. Effectiv e April 1, 2022, subsection (5) and 59
paragraph (a) of subsection (7) of section 99.061, Florida 60
Statutes, are amended to read: 61
99.061 Method of qualifying for nomination or election to 62
federal, state, county, or district office. — 63
(5) At the time of qual ifying for office, each candidate 64
for a constitutional office , and each candidate for any other 65
elective office subject to an annual filing requirement under s. 66
112.3144, shall file a full and public disclosure of financial 67
interests pursuant to s. 8, Art. II of the State Constitution, 68
which must be verified under oath or affirmation pursuant to s. 69
92.525(1)(a), and a candidate for any other office, including 70
local elective office, shall file a statement of financial 71
interests pursuant to s. 112.3145. A candidate who is subject to 72
an annual filing requirement under s. 112.3144 may submit a 73
verification or receipt of electronic filing pursuant to s. 74
112.3144(4). A candidate who is subject to an annual filing 75
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requirement under s. 112.3145 may file a verificati on or receipt 76
of electronic filing pursuant to s. 112.3145(2)(c) unless the 77
candidate is required to file a full and public disclosure of 78
financial interests pursuant to s. 8, Art. II of the State 79
Constitution or this subsection. 80
(7)(a) In order for a ca ndidate to be qualified, the 81
following items must be received by the filing officer by the 82
end of the qualifying period: 83
1. A properly executed check drawn upon the candidate's 84
campaign account payable to the person or entity as prescribed 85
by the filing officer in an amount not less than the fee 86
required by s. 99.092, unless the candidate obtained the 87
required number of signatures on petitions pursuant to s. 88
99.095. The filing fee for a special district candidate is not 89
required to be drawn upon the candi date's campaign account. If a 90
candidate's check is returned by the bank for any reason, the 91
filing officer shall immediately notify the candidate and the 92
candidate shall have until the end of qualifying to pay the fee 93
with a cashier's check purchased from funds of the campaign 94
account. Failure to pay the fee as provided in this subparagraph 95
shall disqualify the candidate. 96
2. The candidate's oath required by s. 99.021, which must 97
contain the name of the candidate as it is to appear on the 98
ballot; the office sought, including the district or group 99
number if applicable; and the signature of the candidate, which 100
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must be verified under oath or affirmation pursuant to s. 101
92.525(1)(a). 102
3. If the office sought is partisan, the written statement 103
of political party affiliation required by s. 99.021(1)(b); or 104
if the candidate is running without party affiliation for a 105
partisan office, the written statement required by s. 106
99.021(1)(c). 107
4. The completed form for the appointment of campaign 108
treasurer and designation of campaign depository, as required by 109
s. 106.021. 110
5. The full and public disclosure or statement of 111
financial interests required by subsection (5). A public officer 112
who has filed the full and public disclosure or statement of 113
financial interests with th e Commission on Ethics or the 114
supervisor of elections before prior to qualifying for office 115
may file a copy of that disclosure at the time of qualifying or 116
a verification or receipt of electronic filing as authorized in 117
subsection (5). 118
Section 3. Subsection (7), paragraph (a) of subsection 119
(9), and subsection (15) of section 112.313, Florida Statutes, 120
are amended to read: 121
112.313 Standards of conduct for public officers, 122
employees of agencies, and local government attorneys. — 123
(7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP. — 124
(a) A No public officer or employee of an agency may not 125
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shall have or hold any employment or contractual relationship 126
with any business entity or any agency that which is subject to 127
the regulation of, or is doing business with, an agency of which 128
he or she is an officer or employee, excluding those 129
organizations and their officers who, when acting in their 130
official capacity, enter into or negotiate a collective 131
bargaining contract with the state or any municipalit y, county, 132
or other political subdivision of the state . Such; nor shall an 133
officer or employee also may not of an agency have or hold any 134
employment or contractual relationship that will create a 135
continuing or frequently recurring conflict between his or h er 136
private interests and the performance of his or her public 137
duties or that would impede the full and faithful discharge of 138
his or her public duties. For purposes of this subsection, if a 139
public officer or employee of an agency holds a material 140
interest in a business entity other than a publicly traded 141
entity, or is an officer, director, or member who manages such 142
an entity, contractual relationships held by the business entity 143
are deemed to be held by the public officer or employee. 144
1. When the agency r eferred to is a that certain kind of 145
special tax district created by general or special law and is 146
limited specifically to constructing, maintaining, managing, and 147
financing improvements in the land area over which the agency 148
has jurisdiction, or when the agency has been organized under 149
pursuant to chapter 298, then employment with, or entering into 150
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a contractual relationship with, such a business entity by a 151
public officer or employee of such an agency is shall not be 152
prohibited by this subsection or be deemed a conflict per se. 153
However, conduct by such officer or employee that is prohibited 154
by, or otherwise frustrates the intent of, this section is shall 155
be deemed a conflict of interest in violation of the standards 156
of conduct set forth by this section. 157
2. When the agency referred to is a legislative body and 158
the regulatory power over the business entity resides in another 159
agency, or when the regulatory power that which the legislative 160
body exercises over the business entity or agency is strictly 161
through the enactment of laws or ordinances, then employment 162
with, or entering into a contractual relationship with , such a 163
business entity by a public officer or employee of such a 164
legislative body is shall not be prohibited by this subsection 165
or be deemed a conflict based on the regulatory power of the 166
legislative body, unless prohibited or deemed a conflict by 167
another law. 168
(b) This subsection does shall not prohibit a public 169
officer or employee from practicing in a particular profession 170
or occupation when such practice by persons holding such public 171
office or employment is required or permitted by law or 172
ordinance. 173
(9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR 174
LEGISLATORS AND LEGISLATIVE EMPLOYEES. — 175
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(a)1. It is the intent of the Le gislature to implement by 176
statute the provisions of s. 8(e), Art. II of the State 177
Constitution relating to legislators, statewide elected 178
officers, appointed state officers, and designated public 179
employees. 180
2. As used in this paragraph: 181
a. "Employee" means: 182
(I) Any person employed in the executive or legislative 183
branch of government holding a position in the Senior Management 184
Service as defined in s. 110.402 or any person holding a 185
position in the Selected Exempt Service as defined in s. 110.602 186
or any person having authority over policy or procurement 187
employed by the Department of the Lottery. 188
(II) The Auditor General, the director of the Office of 189
Program Policy Analysis and Government Accountability, the 190
Sergeant at Arms and Secretary of the Senat e, and the Sergeant 191
at Arms and Clerk of the House of Representatives. 192
(III) The executive director and deputy executive director 193
of the Commission on Ethics. 194
(IV) An executive director, staff director, or deputy 195
staff director of each joint committee, standing committee, or 196
select committee of the Legislature; an executive director, 197
staff director, executive assistant, analyst, or attorney of the 198
Office of the President of the Senate, the Office of the Speaker 199
of the House of Representatives, the Senat e Majority Party 200
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Office, Senate Minority Party Office, House Majority Party 201
Office, or House Minority Party Office; or any person, hired on 202
a contractual basis, having the power normally conferred upon 203
such persons, by whatever title. 204
(V) The Chancellor and Vice Chancellors of the State 205
University System; the general counsel to the Board of Governors 206
of the State University System; and the president, provost, vice 207
presidents, and deans of each state university. 208
(VI) Any person, including an other -personal-services 209
employee, having the power normally conferred upon the positions 210
referenced in this sub -subparagraph. 211
b. "Appointed state officer" means any member of an 212
appointive board, commission, committee, council, or authority 213
of the executive or legis lative branch of state government whose 214
powers, jurisdiction, and authority are not solely advisory and 215
include the final determination or adjudication of any personal 216
or property rights, duties, or obligations, other than those 217
relative to its internal op erations. 218
c. "State agency" means an entity of the legislative, 219
executive, or judicial branch of state government over which the 220
Legislature exercises plenary budgetary and statutory control. 221
3.a. A No member of the Legislature, appointed state 222
officer, or statewide elected officer may not shall personally 223
represent another person or entity for compensation before the 224
government body or agency of which the individual was an officer 225
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or member for a period of 2 years after leaving following 226
vacation of office. A No member of the Legislature may not shall 227
personally represent another person or entity for compensation 228
during his or her term of office before any state agency other 229
than judicial tribunals or in settlement negotiations after the 230
filing of a lawsuit. 231
b. For a period of 2 years after leaving following 232
vacation of office, a former member of the Legislature may not 233
act as a lobbyist for compensation before an executive branch 234
agency, agency official, or employee. The terms used in this 235
sub-subparagraph have the same meanings as provided in s. 236
112.3215. 237
4. An agency employee, including an agency employee who 238
was employed on July 1, 2001, in a Career Service System 239
position that was transferred to the Selected Exempt Service 240
System under chapter 20 01-43, Laws of Florida, may not 241
personally represent another person or entity for compensation 242
before the agency with which he or she was employed for a period 243
of 2 years after leaving his or her following vacation of 244
position, unless employed by and representing another state 245
agency of state government. 246
5. Any person violating this paragraph is shall be subject 247
to the penalties provided in s. 112.317 and a civil penalty of 248
an amount equal to the compensation which the person receives 249
for the prohibited c onduct. 250
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6. This paragraph is not applicable to: 251
a. A person employed by the Legislature or other agency 252
prior to July 1, 1989; 253
b. A person who was employed by the Legislature or other 254
agency on July 1, 1989, whether or not the person was a defined 255
employee on July 1, 1989; 256
c. A person who was a defined employee of the State 257
University System or the Public Service Commission who held such 258
employment on December 31, 1994; 259
d. A person who has reached normal retirement age as 260
defined in s. 121.021(29) , and who has retired under the 261
provisions of chapter 121 by July 1, 1991; or 262
e. Any appointed state officer whose term of office began 263
before January 1, 1995, unless reappointed to that office on or 264
after January 1, 1995. 265
(15)(a) ADDITIONAL EXEMPTION. —An No elected public officer 266
may not shall be held in violation of subsection (7) if the 267
officer maintains an employment relationship with an entity that 268
which is currently a tax-exempt organization under s. 501(c) of 269
the Internal Revenue Code and which c ontracts with or otherwise 270
enters into a business relationship with the officer's agency 271
and: 272
1.(a) The officer's employment is not directly or 273
indirectly compensated as a result of such contract or business 274
relationship.; 275
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2.(b) The officer has in no way participated in the 276
agency's decision to contract or to enter into the business 277
relationship with his or her employer, whether by participating 278
in discussion at the meeting, by communicating with officers or 279
employees of the age ncy, or otherwise.; and 280
3.(c) The officer abstains from voting on any matter that 281
which may come before the agency involving the officer's 282
employer, publicly states to the assembly the nature of the 283
officer's interest in the matter from which he or she is 284
abstaining, and files a written memorandum as provided in s. 285
112.3143. 286
(b) This subsection does not apply to an elected public 287
officer who begins his or her term of office on or after October 288
1, 2022. 289
Section 4. Subsection (2) of section 112.3142, Florida 290
Statutes, is amended to read: 291
112.3142 Ethics training for specified constituti onal 292
officers, elected municipal officers, and commissioners, and 293
members of a governing board of a special district or water 294
management district.— 295
(2)(a) All constitutional officers , all elected municipal 296
officers, each commissioner of a community redev elopment agency 297
created under part III of chapter 163 and, beginning January 1, 298
2023, all members of the governing board of a special district 299
or water management district must complete 4 hours of ethics 300
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training each calendar year which addresses, at a mi nimum, s. 8, 301
Art. II of the State Constitution, the Code of Ethics for Public 302
Officers and Employees, and the public records and public 303
meetings laws of this state. This requirement may be satisfied 304
by completion of a continuing legal education class or ot her 305
continuing professional education class, seminar, or 306
presentation if the required subjects are covered. 307
(b) All elected municipal officers must complete 4 hours 308
of ethics training each calendar year which addresses, at a 309
minimum, s. 8, Art. II of the State Constitution, the Code of 310
Ethics for Public Officers and Employees, and the public records 311
and public meetings laws of this state. This requirement may be 312
satisfied by completion of a continuing legal education class or 313
other continuing professional education class, seminar, or 314
presentation if the required subjects are covered. 315
(c) Beginning January 1, 2020, Each commissioner of a 316
community redevelopment agency created under part III of chapter 317
163 must complete 4 hours of ethics training each cale ndar year 318
which addresses, at a minimum, s. 8, Art. II of the State 319
Constitution, the Code of Ethics for Public Officers and 320
Employees, and the public records and public meetings laws of 321
this state. This requirement may be satisfied by completion of a 322
continuing legal education class or other continuing 323
professional education class, seminar, or presentation, if the 324
required subject material is covered by the class. 325
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(b)(d) The commission shall adopt rules establishing 326
minimum Course content for the portion of an ethics training 327
class which addresses s. 8, Art. II of the State Constitution 328
and the Code of Ethics for Public Officers and Employees must 329
include one or more of the following: 330
1. Doing business with one's own agency; 331
2. Conflicting employment or contractual relationships; 332
3. Misuse of position; 333
4. Disclosure or use of certain information; 334
5. Gifts and honoraria, including solicitation and 335
acceptance of gifts and honoraria, and unauthorized 336
compensation; 337
6. Restrictions on employment aft er leaving office; 338
7. Restrictions on the employment of relatives; 339
8. Voting conflicts if the officer, commissioner, or 340
member of a governing body is a member of a collegial body and 341
votes in his or her official capacity; 342
9. Financial disclosure requ irements, including the 343
automatic fine that may be imposed for failing to file a 344
financial disclosure and the appeal process; 345
10. Commission procedures on ethics complaints and 346
referrals; or 347
11. The importance of and the process for obtaining 348
advisory opinions rendered by the commission . 349
(c) Training providers are encouraged to seek 350
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accreditation from an applicable licensing body for courses 351
offered under this subsection. 352
(d)(e) The Legislature intends that a constitutional 353
officer, an or elected municipal officer, a commissioner of a 354
community redevelopment agency created under part III of chapter 355
163, or a member of the governing board of a special district or 356
water management district who is required to complete ethics 357
training under pursuant to this section receive the required 358
training as close as possible to the date that he or she assumes 359
office. A constitutional officer , an or elected municipal 360
officer, a commissioner of a community redevelopment agency 361
created under part III of chapter 163, o r a member of the 362
governing board of a special district or water management 363
district assuming a new office or new term of office on or 364
before March 31 must complete the annual training on or before 365
December 31 of the year in which the term of office began. A 366
constitutional officer , an or elected municipal officer , a 367
commissioner of a community redevelopment agency created under 368
part III of chapter 163, or a member of the governing board of a 369
special district or water management district assuming a new 370
office or new term of office after March 31 is not required to 371
complete ethics training for the calendar year in which the term 372
of office began. 373
Section 5. Subsections (3) and (4) of section 112.3143, 374
Florida Statutes, are amended to read: 375
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112.3143 Voting conflicts.— 376
(3)(a) A No county, municipal, or other local public 377
officer or governing board member of a special district or 378
school district may not shall vote in an official capacity upon 379
any measure which would inure to his or her special private gain 380
or loss; which he or she knows would inure to the special 381
private gain or loss of any principal by whom he or she is 382
retained or to the parent organization or subsidiary of a 383
corporate principal by which he or she is retained, other than 384
an agency as defined in s. 112.312(2); or which he or she knows 385
would inure to the special private gain or loss of a relative or 386
business associate of the public officer or board member. Such 387
public officer or board member must shall, before prior to the 388
vote is being taken, publicly state to the assembly the nature 389
of the officer's or board member's interest in the matter from 390
which he or she is abstaining from voting and, within 15 days 391
after the vote is taken occurs, disclose the nature of his or 392
her interest as a public record in a memorandum filed with the 393
person responsible for recording the minutes of the meeting, who 394
must shall incorporate the memorandum into in the minutes. 395
(b) However, a commissioner of a community redevelopment 396
agency created or designated under pursuant to s. 163.356 or s. 397
163.357, or an officer of an independent special tax district 398
elected on a one-acre, one-vote basis, is not prohibited from 399
voting, when voting in said capacity. 400
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(4) A county, municipal, or other local public officer; 401
governing board member of a special district or school district; 402
or No appointed public officer may not shall participate in any 403
matter which would inure to the officer's or board member's 404
special private gain or loss; which the officer or board member 405
knows would inure to the special private gain or loss of any 406
principal by whom he or she is retained or to the parent 407
organization or subsidiary of a corporate principal by which he 408
or she is retained; or which he or she knows would inure to the 409
special private gain or loss of a relative or business associate 410
of the public officer or board member, without first disclosing 411
the nature of his or her interest in the matter. 412
(a) Such disclosure, indicating the nature of the 413
conflict, must shall be made in a written memorandum filed with 414
the person responsible for recording the minutes of the meeting, 415
before prior to the meeting in which consideration of the matter 416
will take place, and shall be incorporated into the minutes. Any 417
such memorandum becomes shall become a public record upon filing 418
and must, shall immediately be provided to the other members of 419
the agency, and shall be read publicly at the next meeting held 420
subsequent to the filing of this written memorandum. 421
(b) If In the event that disclosure is not has not been 422
made before prior to the meeting or a that any conflict is 423
unknown before prior to the meeting, the disclosure must shall 424
be made orally at the meeting when it becomes known that a 425
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conflict exists. A written memorandum disclosing the nature of 426
the conflict must shall then be filed within 15 days after the 427
oral disclosure with the person responsible for recording the 428
minutes of the meeting and shall be incorporated into the 429
minutes of the meeting at which the oral disclosure was made. 430
Any such memorandum becomes shall become a public record upon 431
filing and must, shall immediately be provided to the other 432
members of the agency , and shall be read publicly at the next 433
meeting held subsequent to the filing of this written 434
memorandum. 435
(c) For purposes of this subsection, the term 436
"participate" means any attempt to influence the decision by 437
oral or written communication, whether made by the officer or 438
board member or at the officer's or board member's direction. 439
Section 6. Subsections (1) and (3) and paragraph (c) of 440
subsection (11) of section 112.3144, Florida Statutes, are 441
amended to read: 442
112.3144 Full and public disclosure of financial 443
interests.— 444
(1)(a) An officer who is required by s. 8, Art. II of the 445
State Constitution to file a full and public disclosure of his 446
or her financial interests for any calendar or fiscal year, or 447
any other person required by law to file a disclosure under this 448
section, shall file that disclosure with the Florida Commission 449
on Ethics. Additionally, an officer who is required to file a 450
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full and public disclosure of his or her financial interests 451
under this part and complete annual ethics training under 452
pursuant to s. 112.3142 must certify on his or her full and 453
public disclosure of financial interests that he or she has 454
completed the required training. 455
(b) A member of an expressway authority, transportation 456
authority, bridge authority, toll authority, or expressw ay 457
agency created under pursuant to chapter 343, chapter 348, or 458
any other general law shall comply with the applicable financial 459
disclosure requirements of s. 8, Art. II of the State 460
Constitution. 461
(c) Each member of the governing body of a large -hub 462
commercial service airport, except for members required to 463
comply with the financial disclosure requirements of s. 8, Art. 464
II of the State Constitution, shall comply with the financial 465
disclosure requirements of s. 112.3145(3). For purposes of this 466
paragraph, the term "large-hub commercial service airport" means 467
a publicly owned airport that has at least 1 percent of the 468
annual passenger boardings in the United States as reported by 469
the Federal Aviation Administration. 470
(d) An officer or member who is require d to complete 471
annual ethics training under s. 112.3142 must certify on his or 472
her full and public disclosure of financial interests that he or 473
she has completed the required training. Beginning January 1, 474
2023, an officer or member who is required to compl ete annual 475
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ethics training under s. 112.3142 must also provide the name of 476
the training provider on his or her full and public disclosure 477
of financial interests. 478
(3) A person who is required, pursuant to s. 8, Art. II of 479
the State Constitution or this part, to file a full and public 480
disclosure of financial interests and who has filed a full and 481
public disclosure of financial interests for any calendar or 482
fiscal year is not required to file a statement of financial 483
interests under pursuant to s. 112.3145(2) and (3) for the same 484
year or for any part thereof notwithstanding any requirement of 485
this part. Until the electronic filing system required by 486
subsection (2) is implemented, if an incumbent in an elective 487
office has filed the full and public disclosure o f financial 488
interests to qualify for election to the same office or if a 489
candidate for office holds another office subject to the annual 490
filing requirement, the qualifying officer shall forward an 491
electronic copy of the full and public disclosure of financ ial 492
interests to the commission no later than July 1. The electronic 493
copy of the full and public disclosure of financial interests 494
satisfies the annual disclosure requirement of this section. A 495
candidate who does not qualify until after the annual full and 496
public disclosure of financial interests has been filed pursuant 497
to this section shall file a copy of his or her disclosure with 498
the officer before whom he or she qualifies. 499
(11) 500
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(c) For purposes of this subsection section, an error or 501
omission is immaterial, inconsequential, or de minimis if the 502
original filing provided sufficient information for the public 503
to identify potential conflicts of interest. However, failure to 504
certify completion of annual ethics training required under s. 505
112.3142, or, beginning January 1, 2023, failure to disclose the 506
name of the training provider, does not constitute an 507
immaterial, inconsequential, or de minimis error or omission. 508
Section 7. Paragraphs (b), (d), and (e) of subsection (2), 509
subsections (5) and (6), paragr aph (c) of subsection (8), and 510
paragraph (c) of subsection (11) of section 112.3145, Florida 511
Statutes, are amended to read: 512
112.3145 Disclosure of financial interests and clients 513
represented before agencies. — 514
(2) 515
(b) Each state or local officer , except officers specified 516
in s. 112.3144(1), and each specified state employee must shall 517
file a statement of financial interests no later than July 1 of 518
each year. Each state officer, local officer, and specified 519
state employee must shall file a final statemen t of financial 520
interests within 60 days after leaving his or her public 521
position for the period between January 1 of the year in which 522
the person leaves and the last day of office or employment, 523
unless within the 60 -day period the person takes another publ ic 524
position requiring financial disclosure under this section or s. 525
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8, Art. II of the State Constitution or otherwise is required to 526
file full and public disclosure or a statement of financial 527
interests for the final disclosure period. Each state or local 528
officer who is appointed and each specified state employee who 529
is employed must shall file a statement of financial interests 530
within 30 days after from the date of appointment or, in the 531
case of a specified state employee, after from the date on which 532
the employment begins, except that any person whose appointment 533
is subject to confirmation by the Senate must shall file before 534
prior to confirmation hearings or within 30 days after from the 535
date of appointment, whichever comes first. 536
(d) State officers and specified state employees must 537
shall file their statements of financial interests with the 538
commission. Through December 31, 2022, local officers must shall 539
file their statements of financial interests with the supervisor 540
of elections of the county in which they permanently reside. 541
Through December 31, 2022, local officers who do not permanently 542
reside in any county in the state must shall file their 543
statements of financial interests with the supervisor of 544
elections of the county in which their agency maintains its 545
headquarters. Persons seeking to qualify as candidates for local 546
public office must shall file their statements of financial 547
interests with the off icer before whom they qualify. 548
(e) Beginning January 1, 2023, a statement of financial 549
interests and a final statement of financial interests, and any 550
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amendments thereto, or any other form required by this section, 551
except any statement of a candidate not subject to an annual 552
filing requirement, all statements filed with the commission 553
must be filed electronically through an electronic filing system 554
that is created and maintained by the commission as provided in 555
s. 112.31446. 556
(5) An officer who is requir ed to complete annual ethics 557
training under pursuant to s. 112.3142 must certify on his or 558
her statement of financial interests that he or she has 559
completed the required training. Beginning January 1, 2023, an 560
officer who is required to complete annual eth ics training under 561
s. 112.3142 must also provide the name of the training provider 562
on his or her statement of financial interests. 563
(6) Each elected constitutional officer, state officer, 564
excluding a member of a judicial nominating commission who holds 565
no other state office, local officer, and specified state 566
employee shall file a quarterly report of the names of clients 567
represented for a fee or commission, except for appearances in 568
ministerial matters, before agencies at his or her level of 569
government. For the purposes of this part, agencies of 570
government shall be classified as state -level agencies or 571
agencies below state level. Each local officer shall file such 572
report with the supervisor of elections of the county in which 573
the officer is principally empl oyed or is a resident. Each state 574
officer, excluding a member of a judicial nominating commission 575
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who holds no other state office, elected constitutional officer, 576
and specified state employee shall file such report with the 577
commission. The report shall be filed only when a reportable 578
representation is made during the calendar quarter and shall be 579
filed no later than the last day of each calendar quarter, for 580
the previous calendar quarter. Representation before any agency 581
shall be deemed to include represent ation by such officer or 582
specified state employee or by any partner or associate of the 583
professional firm of which he or she is a member and of which he 584
or she has actual knowledge. For the purposes of this 585
subsection, the term "representation before any a gency" does not 586
include appearances before any court or the Deputy Chief Judge 587
of Compensation Claims or judges of compensation claims or 588
representations on behalf of one's agency in one's official 589
capacity. Such term does not include the preparation and f iling 590
of forms and applications merely for the purpose of obtaining or 591
transferring a license based on a quota or a franchise of such 592
agency or a license or operation permit to engage in a 593
profession, business, or occupation, so long as the issuance or 594
granting of such license, permit, or transfer does not require 595
substantial discretion, a variance, a special consideration, or 596
a certificate of public convenience and necessity. 597
(8) Forms for compliance with the disclosure requirements 598
of this section and a current list of persons subject to 599
disclosure shall be created by the commission and provided to 600
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each supervisor of elections. The commission and each supervisor 601
of elections shall give notice of disclosure deadlines and 602
delinquencies and distribute forms in the following manner: 603
(c) Not later than August 1 of each year, the commission 604
and each supervisor of elections shall determine which persons 605
required to file a statement of financial interests in their 606
respective offices have failed to do so and sha ll send 607
delinquency notices to these persons. Through December 31, 2022, 608
delinquency notices must be sent by certified mail, return 609
receipt requested. Each notice must state that a grace period is 610
in effect until September 1 of the current year; that no 611
investigative or disciplinary action based upon the delinquency 612
will be taken by the agency head or commission if the statement 613
is filed by September 1 of the current year; that, if the 614
statement is not filed by September 1 of the current year, a 615
fine of $25 for each day late will be imposed, up to a maximum 616
penalty of $1,500; for notices distributed by a supervisor of 617
elections, that he or she is required by law to notify the 618
commission of the delinquency; and that, if upon the filing of a 619
sworn complaint the commission finds that the person has failed 620
to timely file the statement within 60 days after September 1 of 621
the current year, such person will also be subject to the 622
penalties provided in s. 112.317. Beginning January 1, 2023, 623
notice required under this paragraph: 624
1. May not be sent by certified mail. 625
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2. Must be delivered by e -mail and must be redelivered on 626
a weekly basis by e-mail as long as the person remains 627
delinquent. 628
(11) 629
(c) For purposes of this section, an error or omission is 630
immaterial, inconsequential, or de minimis if the original 631
filing provided sufficient information for the public to 632
identify potential conflicts of interest. However, failure to 633
certify completion of annual ethics training required under s. 634
112.3142, or, beginning January 1, 2023, failure to disclose the 635
name of the training provider, does not constitute an 636
immaterial, inconsequential, or de minimis error or omission. 637
Section 8. Subsection (4) of section 112.31455, Florida 638
Statutes, is amended to read: 639
112.31455 Collection methods for unpaid automatic fines 640
for failure to timely file disclosure of financial interests. — 641
(4)(a) Except as provided under paragraph (b), action may 642
be taken to collect any unpaid fine imposed by ss. 112.3144 and 643
112.3145 within 20 yea rs after the date the final order is 644
rendered. 645
(b) Action may not be taken to collect any unpaid fine 646
imposed by ss. 112.3144 and 112.3145 more than 5 years after: 647
1. The date the final order is rendered if the person who 648
owes the fine is not a public employee or officer on the date 649
the final order is rendered; or 650
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2. The person who owes the fine separates from public 651
employment or office. 652
Section 9. Effective January 1, 2023, subsection (8) of 653
section 112.3185, Florida Statutes, is amended to read: 654
112.3185 Additional standards for state agency employees. — 655
(8) This section is not applicable to any employee of the 656
Public Service Commission who was so employed on or before 657
December 31, 1994. 658
Section 10. Paragraphs (a), (f), and (h) of sub section 659
(1), subsection (3), paragraph (a) of subsection (5), and 660
subsections (7) and (8) of section 112.3215, Florida Statutes, 661
are amended, and subsection (15) of that section is reenacted, 662
to read: 663
112.3215 Lobbying before the executive branch or the 664
Constitution Revision Commission; registration and reporting; 665
investigation by commission. — 666
(1) For the purposes of this section: 667
(a) "Agency" means the Governor ; the, Governor and 668
Cabinet;, or any department, division, bureau, board, 669
commission, or authority of the executive branch ; the State 670
Board of Education; the Board of Governors of the State 671
University System; or . In addition, "agency" shall mean the 672
Constitution Revision Commission as provided by s. 2, Art. XI of 673
the State Constitution. 674
(f) "Lobbying" "Lobbies" means seeking, on behalf of 675
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another person, to influence an agency with respect to a 676
decision of the agency in the area of policy or procurement or 677
an attempt to obtain the goodwill of an agency official or 678
employee. "Lobbying" "Lobbies" also means influencing or 679
attempting to influence, on behalf of another, the Constitution 680
Revision Commission's action or nonaction through oral or 681
written communication or an attempt to obtain the goodwill of a 682
member or employee of the Constitution Revi sion Commission. 683
(h) "Lobbyist" means a person who is employed and receives 684
payment, or who contracts for economic consideration, for the 685
purpose of lobbying, or a person who is principally employed for 686
governmental affairs by another person or governmen tal entity to 687
lobby on behalf of that other person or governmental entity. The 688
phrase "principally employed for governmental affairs" means 689
that one of the principal or most significant responsibilities 690
of the employee to the employer is overseeing the emp loyer's 691
various relationships with government or representing the 692
employer in its contacts with government. "Lobbyist" does not 693
include a person who is: 694
1. An attorney, or any person, who represents a client in 695
a judicial proceeding or in a formal admini strative proceeding 696
conducted under pursuant to chapter 120 or any other formal 697
hearing before an agency, board, commission, or authority of 698
this state. 699
2. An officer or employee of an agency , or of a 700
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legislative or judicial branch entity , or a political 701
subdivision of the state acting in the normal course of his or 702
her office or duties. 703
3. A confidential informant who is providing, or wishes to 704
provide, confidential information to be used for law enforcement 705
purposes. 706
4. A person who seeks lobbies to procure a contract under 707
pursuant to chapter 287 which contract is less than the 708
threshold for CATEGORY ONE as provided in s. 287.017. 709
(3) A person may not lobby an agency until such person has 710
electronically registered as a lobbyist with the commission. 711
Such registration shall be due upon initially being retained to 712
lobby and is renewable on a calendar year basis thereafter. The 713
commission shall request authorization from the principal with 714
the principal's name, business address, e -mail address, and 715
telephone number to confirm Upon registration the person shall 716
provide a statement signed by the principal or principal's 717
representative that the registrant is authorized to represent 718
the principal. The principal or principal's representative shall 719
also identify and designate its main business pursuant to the 720
North American Industry Classification System six -digit 721
numerical code that most accurately describes the principal's 722
main business. Registration is not comple te until the commission 723
receives the principal's authorization and the registration fee 724
on the statement authorizing that lobbyist pursuant to a 725
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classification system approved by the commission . The 726
registration must shall require each lobbyist to attest to 727
disclose, under oath, the following information: 728
(a) His or her full legal name, e -mail address, telephone 729
number, Name and business address; 730
(b) The name, business address, and telephone number of 731
the lobbying firm on behalf of which the registrant is 732
representing the principal, if any; 733
(c)(b) The full name, e-mail address, telephone number, 734
and business address of each principal represented; 735
(c) His or her area of interest; 736
(d) The agencies before which he or she will appear; and 737
(e) The existence of any direct or indirect business 738
association, partnership, or financial relationship with any 739
employee of an agency with which he or she lobbies, or intends 740
to lobby, as disclosed in the registration. 741
(5)(a)1. Each lobbying firm shall file a com pensation 742
report with the commission for each calendar quarter during any 743
portion of which one or more of the firm's lobbyists were 744
registered to represent a principal. The report shall include 745
the: 746
a. Full name, e-mail address, business address, and 747
telephone number of the lobbying firm; 748
b. Name of each of the firm's lobbyists; and 749
c. Total compensation provided or owed to the lobbying 750
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firm from all principals for the reporting period, reported in 751
one of the following categories: $0; $1 to $49,999; $ 50,000 to 752
$99,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 to 753
$999,999; $1 million or more. 754
2. For each principal represented by one or more of the 755
firm's lobbyists, the lobbying firm's compensation report shall 756
also include the: 757
a. Full name, e-mail address, business address, and 758
telephone number of the principal; and 759
b. Total compensation provided or owed to the lobbying 760
firm for the reporting period, reported in one of the following 761
categories: $0; $1 to $9,999; $10,000 to $19,999; $20 ,000 to 762
$29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or 763
more. If the category "$50,000 or more" is selected, the 764
specific dollar amount of compensation must be reported, rounded 765
up or down to the nearest $1,000. 766
3. If the lobbying firm sub contracts work from another 767
lobbying firm and not from the original principal: 768
a. The lobbying firm providing the work to be 769
subcontracted shall be treated as the reporting lobbying firm's 770
principal for reporting purposes under this paragraph; and 771
b. The reporting lobbying firm shall, for each lobbying 772
firm identified under subparagraph 2., identify the name and 773
address of the principal originating the lobbying work. 774
4. The senior partner, officer, or owner of the lobbying 775
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firm shall certify to the v eracity and completeness of the 776
information submitted under pursuant to this paragraph. 777
(7) A lobbyist shall promptly send a written statement to 778
the commission canceling the designation of registration for a 779
principal in his or her registration upon termination of such 780
the lobbyist's representation of that principal. The commission 781
may cancel a lobbyist's designation of a principal upon the 782
principal's notification that the lobbyist is no longer 783
authorized to represent the principal Notwithstanding this 784
requirement, the commission may remove the name of a lobbyist 785
from the list of registered lobbyists if the principal notifies 786
the office that a person is no longer authorized to represent 787
that principal. 788
(8)(a) The commission shall investigate every swor n 789
complaint that is filed with it alleging that a person covered 790
by this section has failed to register, has failed to submit a 791
compensation report, has made a prohibited expenditure, or has 792
knowingly submitted false information in any report or 793
registration required in this section. 794
(b) All proceedings, the complaint, and other records 795
relating to the investigation are confidential and exempt from 796
the provisions of s. 119.07(1) and s. 24(a), Art. I of the State 797
Constitution, and any meetings held pursuan t to an investigation 798
are exempt from the provisions of s. 286.011(1) and s. 24(b), 799
Art. I of the State Constitution either until the alleged 800
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violator requests in writing that such investigation and 801
associated records and meetings be made public or until t he 802
commission determines, based on the investigation, whether 803
probable cause exists to believe that a violation has occurred. 804
(c) The commission shall investigate any lobbying firm, 805
lobbyist, principal, agency, officer, or employee upon receipt 806
of information from a sworn complaint or from a random audit of 807
lobbying reports indicating that the individual or entity has 808
intentionally failed to disclose any material fact or has 809
knowingly submitted false information in any report required by 810
this section or by rules adopted pursuant to this section a 811
possible violation other than a late -filed report. 812
(d) Notwithstanding paragraphs (a) -(c), the commission may 813
dismiss any complaint or investigation resulting from a random 814
audit of lobbying reports, at any stag e of disposition, if it 815
determines that the public interest is not served by proceeding 816
further, in which case the commission shall issue a public 817
report stating with particularity its reasons for the dismissal. 818
(e)1.(d)1. Records relating to an audit co nducted under 819
pursuant to this section or an investigation conducted under 820
pursuant to this section or s. 112.32155 are confidential and 821
exempt from s. 119.07(1) and s. 24(a), Art. I of the State 822
Constitution. 823
2. Any portion of a meeting wherein such inv estigation or 824
audit is discussed is exempt from s. 286.011 and s. 24(b), Art. 825
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I of the State Constitution. 826
3. The exemptions no longer apply if the lobbying firm 827
requests in writing that such investigation and associated 828
records and meetings be made publ ic or the commission determines 829
there is probable cause that the audit reflects a violation of 830
the reporting laws. 831
(15) The commission shall adopt rules to administer this 832
section, which shall prescribe forms for registration and 833
compensation reports, pr ocedures for registration, and 834
procedures that will prevent disclosure of information that is 835
confidential as provided in this section. 836
Section 11. Section 420.5061, Florida Statutes, is amended 837
to read: 838
420.5061 Transfer of agency assets and liabili ties.—The 839
corporation is the legal successor in all respects to the 840
agency, is obligated to the same extent as the agency under any 841
agreements existing on December 31, 1997, and is entitled to any 842
rights and remedies previously afforded the agency by law o r 843
contract, including specifically the rights of the agency under 844
chapter 201 and part VI of chapter 159. Effective January 1, 845
1998, all references under Florida law to the agency are deemed 846
to mean the corporation. The corporation shall transfer to the 847
General Revenue Fund an amount which otherwise would have been 848
deducted as a service charge pursuant to s. 215.20(1) if the 849
Florida Housing Finance Corporation Fund established by s. 850
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420.508(5), the State Apartment Incentive Loan Fund established 851
by s. 420.5087(7), the Florida Homeownership Assistance Fund 852
established by s. 420.5088(4), the HOME Investment Partnership 853
Fund established by s. 420.5089(1), and the Housing 854
Predevelopment Loan Fund established by s. 420.525(1) were each 855
trust funds. For purposes o f s. 112.313, the corporation is 856
deemed to be a continuation of the agency, and the provisions 857
thereof are deemed to apply as if the same entity remained in 858
place. Any employees of the agency and agency board members 859
covered by s. 112.313(9)(a)6. shall con tinue to be entitled to 860
the exemption in that subparagraph, notwithstanding being hired 861
by the corporation or appointed as board members of the 862
corporation. 863
Section 12. The Legislature finds that a proper and 864
legitimate state purpose is served when mec hanisms are 865
established to secure and sustain the public's trust in public 866
officers and employees. Therefore, the Legislature determines 867
and declares that this act fulfills an important state interest. 868
Section 13. Except as otherwise expressly provided in this 869
act, this act shall take effect July 1, 2022. 870