Florida 2023 Regular Session

Florida House Bill H0037 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	~~CS/~~CS/HB 37 2023
	3	+	CS/HB 37 2023
4	4
5	5
6	6
7	7		CODING: Words stricken are deletions; words underlined are additions.
8		-	hb0037-~~02-c2~~
9		-	Page 1 of 33
	8	+	hb0037-01-c1
	9	+	Page 1 of 2
10	10		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
11	11
12	12
13	13
14	14		A bill to be entitled 1
15		-	An act relating to ~~ethics requirements~~ for ~~public~~ 2
16		-	~~officials~~; amending s. 99.~~061~~, F.S.; requiring 3
17		-	~~candidates for~~ specified ~~elective offices~~ to file a 4
18		-	~~full and public~~ disclosure ~~at the time~~ of ~~qualifying~~; 5
19		-	~~authorizing candidates to file a certain verification~~ 6
20		-	~~or receipt with~~ the ~~qualifying officer unless certain~~ 7
21		-	~~conditions exist~~; ~~conforming provisions to changes~~ 8
22		-	~~made by the act; amending s. 112.3142, F.S.; revising~~ 9
23		-	~~legislative intent;~~ ~~requiring commissioners~~ of 10
24		-	~~community redevelopment agencies to complete annu al~~ 11
25		-	~~ethics training;~~ ~~exempting commissioners who assumed~~ 12
26		-	~~office after a specified date from completing the~~ 13
27		-	~~required annual ethics training for that calendar~~ 14
28		-	~~year; reenacting and amending s~~. ~~112.3144, F.S.;~~ 15
29		-	~~requiring specified local officers to file full and~~ 16
30		-	~~public disclosures;~~ ~~requiring~~ the ~~Commission on Ethics~~ 17
31		-	~~to accept federal income tax returns and any~~ 18
32		-	~~attachments or schedules for a specified purpose;~~ 19
33		-	~~deleting the prohibition on including a federal income~~ 20
34		-	~~tax return or~~ a ~~copy thereof for certain filings;~~ 21
35		-	~~requiring the commission to allow a filer to include~~ 22
36		-	~~attachments~~ and ~~other supporting documentation with~~ 23
37		-	~~his or her disclosure;~~ ~~revising the notice the~~ 24
38		-	~~commission sends~~ to ~~specified persons by e -mail;~~ 25
	15	+	An act relating to financial disclosures for local 2
	16	+	officers; amending s. 112.3144, F.S.; requiring 3
	17	+	specified local officers to file a full and public 4
	18	+	disclosure of financial interests; amending s. 5
	19	+	112.3145, F.S.; excluding specified local officers 6
	20	+	from the requirement to file statements of financial 7
	21	+	interests; providing an effective date. 8
	22	+	9
	23	+	Be It Enacted by the Legislature of the State of Florida: 10
	24	+	11
	25	+	Section 1. Paragraph (d) is added to subsection (1) of 12
	26	+	section 112.3144, Florida Statutes, to read: 13
	27	+	112.3144 Full and public disclosure of financial 14
	28	+	interests.— 15
	29	+	(1) 16
	30	+	(d) The following local officers must comply with the 17
	31	+	financial disclosure requirements of s. 8, Art. II of the State 18
	32	+	Constitution and this section: 19
	33	+	1. Mayors. 20
	34	+	2. Elected members of the governing body of a 21
	35	+	municipality. 22
	36	+	3. County and municipal managers. 23
	37	+	Section 2. Paragraph (b) of subsection (2) of section 24
	38	+	112.3145, Florida Statutes, is a mended to read: 25
39	39
40		-	~~CS/~~CS/HB 37 2023
	40	+	CS/HB 37 2023
41	41
42	42
43	43
44	44		CODING: Words stricken are deletions; words underlined are additions.
45		-	hb0037-~~02-c2~~
46		-	Page 2 of 33
	45	+	hb0037-01-c1
	46	+	Page 2 of 2
47	47		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
48	48
49	49
50	50
51		-	requiring that disclosure statements be filed using 26
52		-	the commission's electronic filing system; revising 27
53		-	the deadline for disclosures to be received by the 28
54		-	commission; deleting provisions relating to financial 29
55		-	statements filed by mail; revising a provision 30
56		-	requiring the commission to adopt a specified rule; 31
57		-	requiring an individual appointed to replace an 32
58		-	elected local officer who leaves office before the end 33
59		-	of his or her term to file a full and public 34
60		-	disclosure of financial interests annually for the 35
61		-	remainder of his or her term in office; amending s. 36
62		-	112.31445, F.S.; requiring the commission to publish a 37
63		-	specified notice on the electronic filing system for 38
64		-	the disclosure of financial interests; requiring that 39
65		-	the filing system allow a filer to include attachments 40
66		-	and other supporting documentation; amending s. 41
67		-	112.31446, F.S.; requiring that the electronic filing 42
68		-	system allow a filer to submit attachments and other 43
69		-	supporting documentation when a disclosure is filed; 44
70		-	reenacting and amending s. 112.3145, F.S.; deleting a 45
71		-	prohibition on including a federal income tax return 46
72		-	or copy thereof in a financial disclosure; deleting a 47
73		-	provision requiring specified local officers to file 48
74		-	reports with the supervisor of elections of the 49
75		-	officer's county of principal employment or residence; 50
76		-
77		-	CS/CS/HB 37 2023
78		-
79		-
80		-
81		-	CODING: Words stricken are deletions; words underlined are additions.
82		-	hb0037-02-c2
83		-	Page 3 of 33
84		-	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
85		-
86		-
87		-
88		-	requiring local officers to file t heir quarterly 51
89		-	reports of the names of clients they represent for a 52
90		-	fee or commission with the commission; deleting a 53
91		-	provision requiring the commission to provide a 54
92		-	specified list to the supervisors of elections; 55
93		-	requiring the commission to allow a filer to include 56
94		-	attachments or other documentation when filing a 57
95		-	disclosure; deleting a provision requiring the 58
96		-	commission to provide the supervisors of elections a 59
97		-	certain list annually by a specified date; requiring 60
98		-	the commission to provide a certain notice by e-mail, 61
99		-	beginning on a specified date; providing that, 62
100		-	beginning on a specified date, paper forms will no 63
101		-	longer be provided; requiring the commission, before a 64
102		-	specified date, to determine which persons have not 65
103		-	submitted a required statement and to se nd delinquency 66
104		-	notices to such persons; requiring that disclosure 67
105		-	statements be filed using the electronic filing 68
106		-	system, beginning on a specified date; revising the 69
107		-	criteria for a rule that the commission must adopt 70
108		-	regarding the electronic filing of disc losure 71
109		-	statements; requiring the commission to determine the 72
110		-	amount of fines for all delinquent filers, beginning 73
111		-	on a specified date; conforming provisions to changes 74
112		-	made by the act; amending s. 112.317, F.S.; increasing 75
113		-
114		-	CS/CS/HB 37 2023
115		-
116		-
117		-
118		-	CODING: Words stricken are deletions; words underlined are additions.
119		-	hb0037-02-c2
120		-	Page 4 of 33
121		-	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
122		-
123		-
124		-
125		-	the maximum civil penalty allowed for certain 76
126		-	violations related to statements of financial 77
127		-	disclosure; amending s. 112.3215, F.S.; revising 78
128		-	lobbying investigation requirements; authorizing the 79
129		-	commission to dismiss certain complaints and 80
130		-	investigations; requiring the commission to issue a 81
131		-	specified public report if the commission dismisses 82
132		-	such a complaint or investigation; amending s. 83
133		-	112.324, F.S.; revising applicability; requiring the 84
134		-	commission to revise financial disclosure forms and 85
135		-	rules for the 2022 filing year to conform to chang es 86
136		-	made by the act; exempting such revisions from 87
137		-	specified rulemaking requirements; providing an 88
138		-	effective date. 89
139		-	90
140		-	Be It Enacted by the Legislature of the State of Florida: 91
141		-	92
142		-	Section 1. Subsection (5) and paragraph (a) of subsection 93
143		-	(7) of section 99.061, Florida Statutes, are amended to read: 94
144		-	99.061 Method of qualifying for nomination or election to 95
145		-	federal, state, county, or district office. — 96
146		-	(5) At the time of qualifying for office, each candidate 97
147		-	for a constitutional office , or for another elective office 98
148		-	subject to an annual filing requirement pursuant to s. 112.3144, 99
149		-	shall file a full and public disclosure of financial interests 100
150		-
151		-	CS/CS/HB 37 2023
152		-
153		-
154		-
155		-	CODING: Words stricken are deletions; words underlined are additions.
156		-	hb0037-02-c2
157		-	Page 5 of 33
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
159		-
160		-
161		-
162		-	pursuant to s. 8, Art. II of the State Constitution, which must 101
163		-	be verified under oath or affirmation pursuant to s. 102
164		-	92.525(1)(a), and a candidate for any other office, including 103
165		-	local elective office, shall file a statement of financial 104
166		-	interests pursuant to s. 112.3145. A candidate who is subject to 105
167		-	an annual filing requirement under s. 112.3144 may file a 106
168		-	verification or receipt of electronic filing pursuant to s. 107
169		-	112.3144(4). A candidate who is subject to an annual filing 108
170		-	requirement under s. 112.3145 may file a verification or receipt 109
171		-	of electronic filing pursuant to s. 112.3145(2)(c) unless the 110
172		-	candidate is required to file a full and public disclosure of 111
173		-	financial interests pursuant to s. 8, Art. II of the State 112
174		-	Constitution or this subsection. 113
175		-	(7)(a) In order for a candidate to be qualified, the 114
176		-	following items must be received by the filing officer by the 115
177		-	end of the qualifying period: 116
178		-	1. A properly executed check drawn upon the candidate's 117
179		-	campaign account payable to the person or entity as prescribed 118
180		-	by the filing officer in an amount not less than the fee 119
181		-	required by s. 99.092, unless the candidate obt ained the 120
182		-	required number of signatures on petitions pursuant to s. 121
183		-	99.095. The filing fee for a special district candidate is not 122
184		-	required to be drawn upon the candidate's campaign account. If a 123
185		-	candidate's check is returned by the bank for any reason, th e 124
186		-	filing officer shall immediately notify the candidate and the 125
187		-
188		-	CS/CS/HB 37 2023
189		-
190		-
191		-
192		-	CODING: Words stricken are deletions; words underlined are additions.
193		-	hb0037-02-c2
194		-	Page 6 of 33
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
196		-
197		-
198		-
199		-	candidate shall have until the end of qualifying to pay the fee 126
200		-	with a cashier's check purchased from funds of the campaign 127
201		-	account. Failure to pay the fee as provided in this subparagraph 128
202		-	shall disqualify the candidate. 129
203		-	2. The candidate's oath required by s. 99.021, which must 130
204		-	contain the name of the candidate as it is to appear on the 131
205		-	ballot; the office sought, including the district or group 132
206		-	number if applicable; and the signature of the c andidate, which 133
207		-	must be verified under oath or affirmation pursuant to s. 134
208		-	92.525(1)(a). 135
209		-	3. If the office sought is partisan, the written statement 136
210		-	of political party affiliation required by s. 99.021(1)(b); or 137
211		-	if the candidate is running without party af filiation for a 138
212		-	partisan office, the written statement required by s. 139
213		-	99.021(1)(c). 140
214		-	4. The completed form for the appointment of campaign 141
215		-	treasurer and designation of campaign depository, as required by 142
216		-	s. 106.021. 143
217		-	5. The full and public disclosure or statement of 144
218		-	financial interests required by subsection (5). A public officer 145
219		-	who has filed the full and public disclosure or statement of 146
220		-	financial interests with the Commission on Ethics before or the 147
221		-	supervisor of elections prior to qualifying for offic e may file 148
222		-	a copy of that disclosure or a verification or receipt of 149
223		-	electronic filing as provided in subsection (5) at the time of 150
224		-
225		-	CS/CS/HB 37 2023
226		-
227		-
228		-
229		-	CODING: Words stricken are deletions; words underlined are additions.
230		-	hb0037-02-c2
231		-	Page 7 of 33
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
233		-
234		-
235		-
236		-	qualifying. 151
237		-	Section 2. Paragraph (e) of subsection (2) of section 152
238		-	112.3142, Florida Statutes, is amended to read: 153
239		-	112.3142 Ethics training for specified constitutional 154
240		-	officers, elected municipal officers, and commissioners. — 155
241		-	(2) 156
242		-	(e) The Legislature intends that a constitutional officer , 157
243		-	a commissioner of a community redevelopment agency, or an 158
244		-	elected municipal office r who is required to complete ethics 159
245		-	training pursuant to this section receive the required training 160
246		-	as close as possible to the date that he or she assumes office. 161
247		-	A constitutional officer , a commissioner of a community 162
248		-	redevelopment agency, or an elected municipal officer assuming a 163
249		-	new office or new term of office on or before March 31 must 164
250		-	complete the annual training on or before December 31 of the 165
251		-	year in which the term of office began. A constitutional 166
252		-	officer, a commissioner of a community redevelop ment agency, or 167
253		-	an elected municipal officer assuming a new office or new term 168
254		-	of office after March 31 is not required to complete ethics 169
255		-	training for the calendar year in which the term of office 170
256		-	began. 171
257		-	Section 3. Notwithstanding the expiration date in section 172
258		-	92 of chapter 2022-157, Laws of Florida, paragraph (c) of 173
259		-	subsection (6), paragraphs (a) and (c) of subsection (7), and 174
260		-	subsections (8) and (10) of section 112.3144, Florida Statutes, 175
261		-
262		-	CS/CS/HB 37 2023
263		-
264		-
265		-
266		-	CODING: Words stricken are deletions; words underlined are additions.
267		-	hb0037-02-c2
268		-	Page 8 of 33
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
270		-
271		-
272		-
273		-	are reenacted and amended, and paragraph (d) is added to 176
274		-	subsection (1) of that section, to read: 177
275		-	112.3144 Full and public disclosure of financial 178
276		-	interests.— 179
277		-	(1) 180
278		-	(d) Beginning January 1, 2024, the following local 181
279		-	officers must comply with the financial disclosure requirements 182
280		-	of s. 8, Art. II of the State Constitution and this section: 183
281		-	1. Mayors. 184
282		-	2. Elected members of the governing body of a 185
283		-	municipality. 186
284		-	(6) 187
285		-	(c) Each separate source and amount of income which 188
286		-	exceeds $1,000 must be identified. For the purpose of a filer 189
287		-	reporting income, the commission shall accept federal income tax 190
288		-	returns. If a filer submits a federal income tax return for the 191
289		-	purpose of reporting income, he or she must also include all 192
290		-	attachments and schedules associated with such fede ral income 193
291		-	tax return Beginning January 1, 2023, a federal income tax 194
292		-	return may not be used for purposes of reporting income, and the 195
293		-	commission may not accept a federal income tax return or a copy 196
294		-	thereof. 197
295		-	(7)(a) Beginning January 1, 2023, a filer may not include 198
296		-	in a filing to the commission a federal income tax return or a 199
297		-	copy thereof; a social security number; a bank, mortgage, or 200
298		-
299		-	CS/CS/HB 37 2023
300		-
301		-
302		-
303		-	CODING: Words stricken are deletions; words underlined are additions.
304		-	hb0037-02-c2
305		-	Page 9 of 33
306		-	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
307		-
308		-
309		-
310		-	brokerage account number; a debit, charge, or credit card 201
311		-	number; a personal identification number; or a taxpayer 202
312		-	identification number. If a filer includes such information in 203
313		-	his or her filing, the information may be made available as part 204
314		-	of the official records of the commission available for public 205
315		-	inspection and copying unless redaction is requested by the 206
316		-	filer. The commission is not liable for the release of social 207
317		-	security numbers or bank account, debit, charge, or credit card 208
318		-	numbers included in a filing to the commission if the filer has 209
319		-	not requested redaction of such information. 210
320		-	(c) The commission must conspi cuously post a notice, in 211
321		-	substantially the following form, in the instructions for the 212
322		-	electronic filing system specifying that: 213
323		-	1. Any filer submitting information through the electronic 214
324		-	filing system may not include a federal income tax return or a 215
325		-	copy thereof; a social security number; a bank, mortgage, or 216
326		-	brokerage account number; a debit, charge, or credit card 217
327		-	number; a personal identification number; or a taxpayer 218
328		-	identification number in any filing unless required by law. 219
329		-	2. Information submit ted through the electronic filing 220
330		-	system may be open to public inspection and copying. 221
331		-	3. Any filer has a right to request that the commission 222
332		-	redact from his or her filing any social security number, bank 223
333		-	account number, or debit, charge, or credit card number 224
334		-	contained in the filing. Such request must be made in writing 225
335		-
336		-	CS/CS/HB 37 2023
337		-
338		-
339		-
340		-	CODING: Words stricken are deletions; words underlined are additions.
341		-	hb0037-02-c2
342		-	Page 10 of 33
343		-	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
344		-
345		-
346		-
347		-	and delivered to the commission. The request must specify the 226
348		-	information to be redacted and the specific section or sections 227
349		-	of the disclosure in which it was included. 228
350		-	(8) Forms or fields of information for compliance with the 229
351		-	full and public disclosure requirements of s. 8, Art. II of the 230
352		-	State Constitution must shall be prescribed by the commission. 231
353		-	The commission shall allow a filer to include attachments or 232
354		-	other supporting docume ntation when filing a disclosure. The 233
355		-	commission shall give notice of disclosure deadlines and 234
356		-	delinquencies and distribute forms in the following manner: 235
357		-	(a) Not later than May 1 of each year, the commission 236
358		-	shall prepare a current list of the names, e -mail addresses, and 237
359		-	physical addresses of and the offices held by every person 238
360		-	required to file full and public disclosure annually by s. 8, 239
361		-	Art. II of the State Constitution, or other state law. Each unit 240
362		-	of government shall assist the commission in compi ling the list 241
363		-	by providing to the commission not later than February 1 of each 242
364		-	year the name, e-mail address, physical address, and name of the 243
365		-	office held by such person within the respective unit of 244
366		-	government as of December 31 of the preceding year. 245
367		-	(b) Not later than June 1 of each year, the commission 246
368		-	shall notify by e-mail each person required to file a full and 247
369		-	public disclosure of financial interests of all of the 248
370		-	following: 249
371		-	1. All applicable filing deadlines for completing and 250
372		-
373		-	CS/CS/HB 37 2023
374		-
375		-
376		-
377		-	CODING: Words stricken are deletions; words underlined are additions.
378		-	hb0037-02-c2
379		-	Page 11 of 33
380		-	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
381		-
382		-
383		-
384		-	filing the full and public disclosure of financial interests 251
385		-	prescribed under subsection (3) on the electronic filing system. 252
386		-	2. Instructions on how to complete and file the full and 253
387		-	public disclosure of financial interests as prescribed by 254
388		-	subsection (3) on the electron ic filing system, or how to access 255
389		-	such instructions. 256
390		-	257
391		-	Beginning January 1, 202 3, paper forms may not be provided and 258
392		-	each person required to file a full and public disclosure of 259
393		-	financial interests must complete and file his or her disclosure 260
394		-	on the electronic filing system pursuant to subsection (2) 261
395		-	distribute a copy of the form prescribed for compliance with 262
396		-	full and public disclosure and a notice of the filing deadline 263
397		-	to each person on the list. Beginning January 1, 2022, no paper 264
398		-	forms will be provide d by mail. The notice required under this 265
399		-	paragraph and instructions for electronic submission must be 266
400		-	delivered by e-mail. 267
401		-	(c) Not later than August 1 of each year, the commission 268
402		-	shall determine which persons on the list have failed to file 269
403		-	full and public disclosure and shall send delinquency notices to 270
404		-	such persons. Each notice must state that a grace period is in 271
405		-	effect until September 1 of the current year. Beginning January 272
406		-	1, 2022, The notice required under this paragraph must be 273
407		-	delivered by e-mail and must be redelivered on a weekly basis by 274
408		-	e-mail as long as a person remains delinquent. 275
409		-
410		-	CS/CS/HB 37 2023
411		-
412		-
413		-
414		-	CODING: Words stricken are deletions; words underlined are additions.
415		-	hb0037-02-c2
416		-	Page 12 of 33
417		-	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
418		-
419		-
420		-
421		-	(d) Disclosures must be received by the commission not 276
422		-	later than 11:59 5 p.m. of the due date. However, any disclosure 277
423		-	that is postmarked by the United States Postal Service by 278
424		-	midnight of the due date is deemed to have been filed in a 279
425		-	timely manner, and a certificate of mailing obtained from and 280
426		-	dated by the United States Postal Service at the time of the 281
427		-	mailing, or a receipt from an established courier compa ny which 282
428		-	bears a date on or before the due date, constitutes proof of 283
429		-	mailing in a timely manner. Beginning January 1, 2023, upon 284
430		-	request of the filer, the commission must provide verification 285
431		-	to the filer that the commission has received the filed 286
432		-	disclosure. 287
433		-	(e) Beginning January 1, 2023, a written declaration, as 288
434		-	provided for under s. 92.525(2), accompanied by an electronic 289
435		-	signature satisfies the requirement that the disclosure be 290
436		-	sworn. 291
437		-	(f) Any person who is required to file full and public 292
438		-	disclosure of financial interests and whose name is on the 293
439		-	commission's list, and to whom notice has been sent, but who 294
440		-	fails to timely file is assessed a fine of $25 per day for each 295
441		-	day late up to a maximum of $1,500; however this $1,500 296
442		-	limitation on automatic fines does not limit the civil penalty 297
443		-	that may be imposed if the statement is filed more than 60 days 298
444		-	after the deadline and a complaint is filed, as provided in s. 299
445		-	112.324. The commission must provide by rule the grounds for 300
446		-
447		-	CS/CS/HB 37 2023
448		-
449		-
450		-
451		-	CODING: Words stricken are deletions; words underlined are additions.
452		-	hb0037-02-c2
453		-	Page 13 of 33
454		-	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
455		-
456		-
457		-
458		-	waiving the fine and the pro cedures by which each person whose 301
459		-	name is on the list and who is determined to have not filed in a 302
460		-	timely manner will be notified of assessed fines and may appeal. 303
461		-	The rule must provide for and make specific that the amount of 304
462		-	the fine due is based upon w hen the disclosure is filed on the 305
463		-	electronic filing system created and maintained by the 306
464		-	commission as provided in s. 112.31446. the following: 307
465		-	1. The amount of the fine due is based upon the earliest 308
466		-	of the following: 309
467		-	a. When a statement is actually received by the office. 310
468		-	b. When the statement is postmarked. 311
469		-	c. When the certificate of mailing is dated. 312
470		-	d. When the receipt from an established courier company is 313
471		-	dated. 314
472		-	1.2. Upon receipt of the disclosure statement or upon 315
473		-	accrual of the maximum penalty, whichever occurs first, the 316
474		-	commission shall determine the amount of the fine which is due 317
475		-	and shall notify the delinquent person. The notice must include 318
476		-	an explanation of the appeal procedure under subparagraph 2. 3. 319
477		-	Such fine must be paid within 30 days after the notice of 320
478		-	payment due is transmitted, unless appeal is made to the 321
479		-	commission pursuant to subparagraph 2. 3. The moneys shall be 322
480		-	deposited into the General Revenu e Fund. 323
481		-	2.3. Any reporting person may appeal or dispute a fine, 324
482		-	based upon unusual circumstances surrounding the failure to file 325
483		-
484		-	CS/CS/HB 37 2023
485		-
486		-
487		-
488		-	CODING: Words stricken are deletions; words underlined are additions.
489		-	hb0037-02-c2
490		-	Page 14 of 33
491		-	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
492		-
493		-
494		-
495		-	on the designated due date, and may request and is entitled to a 326
496		-	hearing before the commission, which may waive the fine in w hole 327
497		-	or in part for good cause shown. Any such request must be in 328
498		-	writing and received by the commission within 30 days after the 329
499		-	notice of payment due is transmitted. In such a case, the 330
500		-	reporting person must, within the 30 -day period, notify the 331
501		-	person designated to review the timeliness of reports in writing 332
502		-	of his or her intention to bring the matter before the 333
503		-	commission. For purposes of this subparagraph, "unusual 334
504		-	circumstances" does not include the failure to monitor an e -mail 335
505		-	account or failure to r eceive notice if the person has not 336
506		-	notified the commission of a change in his or her e -mail 337
507		-	address. 338
508		-	(g) Any person subject to the annual filing of full and 339
509		-	public disclosure under s. 8, Art. II of the State Constitution, 340
510		-	or other state law, whose name is not on the commission's list 341
511		-	of persons required to file full and public disclosure is not 342
512		-	subject to the fines or penalties provided in this part for 343
513		-	failure to file full and public disclosure in any year in which 344
514		-	the omission occurred, but nevertheles s is required to file the 345
515		-	disclosure statement. 346
516		-	(h) The notification requirements and fines of this 347
517		-	subsection do not apply to candidates or to the first filing 348
518		-	required of any person appointed to elective constitutional 349
519		-	office or other position required to file full and public 350
520		-
521		-	CS/CS/HB 37 2023
522		-
523		-
524		-
525		-	CODING: Words stricken are deletions; words underlined are additions.
526		-	hb0037-02-c2
527		-	Page 15 of 33
528		-	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
529		-
530		-
531		-
532		-	disclosure, unless the person's name is on the commission's 351
533		-	notification list and the person received notification from the 352
534		-	commission. The appointing official shall notify such newly 353
535		-	appointed person of the obligation to file full and public 354
536		-	disclosure by July 1. The notification requirements and fines of 355
537		-	this subsection do not apply to the final filing provided for in 356
538		-	subsection (10). 357
539		-	(i) Notwithstanding any provision of chapter 120, any fine 358
540		-	imposed under this subsection which is not waived by final order 359
541		-	of the commission and which remains unpaid more than 60 days 360
542		-	after the notice of payment due or more than 60 days after the 361
543		-	commission renders a final order on the appeal must be submitted 362
544		-	to the Department of Financial Service s as a claim, debt, or 363
545		-	other obligation owed to the state, and the department shall 364
546		-	assign the collection of such fine to a collection agent as 365
547		-	provided in s. 17.20. 366
548		-	(10) Each person required to file full and public 367
549		-	disclosure of financial interests shal l file a final disclosure 368
550		-	statement within 60 days after leaving his or her public 369
551		-	position for the period between January 1 of the year in which 370
552		-	the person leaves and the last day of office or employment, 371
553		-	unless within the 60 -day period the person takes a nother public 372
554		-	position requiring financial disclosure under s. 8, Art. II of 373
555		-	the State Constitution, or is otherwise required to file full 374
556		-	and public disclosure for the final disclosure period. The head 375
557		-
558		-	CS/CS/HB 37 2023
559		-
560		-
561		-
562		-	CODING: Words stricken are deletions; words underlined are additions.
563		-	hb0037-02-c2
564		-	Page 16 of 33
565		-	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
566		-
567		-
568		-
569		-	of the agency of each person required to file full an d public 376
570		-	disclosure for the final disclosure period shall notify such 377
571		-	persons of their obligation to file the final disclosure and may 378
572		-	designate a person to be responsible for the notification 379
573		-	requirements of this subsection. When an elected local officer 380
574		-	specified in paragraph (1)(d) leaves office before the 381
575		-	expiration of his or her term, the person appointed to replace 382
576		-	such officer for the remainder of that term must file a full and 383
577		-	public disclosure of financial interests annually thereafter for 384
578		-	the remainder of his or her term in office. 385
579		-	Section 4. Subsections (4) and (5) are added to section 386
580		-	112.31445, Florida Statutes, to read: 387
581		-	112.31445 Electronic filing system; full and public 388
582		-	disclosure of financial interests. — 389
583		-	(4) The commission shall publi sh a notice on the 390
584		-	electronic filing system instructing filers to redact a social 391
585		-	security number; a bank, mortgage, or brokerage account number; 392
586		-	a debit, charge, or credit card number; a personal 393
587		-	identification number; or a taxpayer identification number in 394
588		-	their filings. 395
589		-	(5) The electronic filing system must allow a filer to 396
590		-	include attachments or other supporting documentation when 397
591		-	submitting a disclosure through the system. 398
592		-	Section 5. Paragraph (f) is added to subsection (2) of 399
593		-	section 112.31446, Florida Statutes, to read: 400
594		-
595		-	CS/CS/HB 37 2023
596		-
597		-
598		-
599		-	CODING: Words stricken are deletions; words underlined are additions.
600		-	hb0037-02-c2
601		-	Page 17 of 33
602		-	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
603		-
604		-
605		-
606		-	112.31446 Electronic filing system for financial 401
607		-	disclosure.— 402
608		-	(2) By January 1, 2022, the commission shall procure and 403
609		-	test an electronic filing system. At a minimum, the electronic 404
610		-	filing system must: 405
611		-	(f) Allow a filer to include attachments or other 406
612		-	supporting documentation when submitting a disclosure or a 407
613		-	statement through the system. 408
614		-	Section 6. Notwithstanding the expiration date in section 409
615		-	95 of chapter 2022-157, Laws of Florida, paragraphs (b) and (e) 410
616		-	of subsection (2), paragraphs (a) and (c) of subsection (4), and 411
617		-	subsections (6) and (8) of section 112.3145, Florida Statutes, 412
618		-	are reenacted and amended to read: 413
619		-	112.3145 Disclosure of financial interests and clients 414
620		-	represented before agencies. — 415
621		-	(2) 416
622		-	(b) Each state or local officer , except local officers 417
623		-	specified in s. 112.3144(1)(d), and each specified state 418
624		-	employee shall file a statement of financial interests no later 419
625		-	than July 1 of each year. Each state officer, local officer, and 420
626		-	specified state employee s hall file a final statement of 421
627		-	financial interests within 60 days after leaving his or her 422
628		-	public position for the period between January 1 of the year in 423
629		-	which the person leaves and the last day of office or 424
630		-	employment, unless within the 60 -day period the person takes 425
631		-
632		-	CS/CS/HB 37 2023
633		-
634		-
635		-
636		-	CODING: Words stricken are deletions; words underlined are additions.
637		-	hb0037-02-c2
638		-	Page 18 of 33
639		-	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
640		-
641		-
642		-
643		-	another public position requiring financial disclosure under 426
644		-	this section or s. 8, Art. II of the State Constitution or 427
645		-	otherwise is required to file full and public disclosure or a 428
646		-	statement of financial interests for the final disclosure 429
647		-	period. Each state or local officer who is appointed and each 430
648		-	specified state employee who is employed shall file a statement 431
649		-	of financial interests within 30 days after from the date of 432
650		-	appointment or, in the case of a specified state employee, from 433
651		-	the date on which the employment begins, except that any person 434
652		-	whose appointment is subject to confirmation by the Senate shall 435
653		-	file before prior to confirmation hearings or within 30 days 436
654		-	after from the date of appointment, whichever comes first. 437
655		-	(e) Beginning January 1, 2024, a statement of financial 438
656		-	interests, and a final statement of financial interests and any 439
657		-	amendments thereto, or any other form required by this section, 440
658		-	except any statement of a candidate who is not subject to an 441
659		-	annual filing requireme nt, must be filed electronically through 442
660		-	an electronic filing system created and maintained by the 443
661		-	commission as provided in s. 112.31446. 444
662		-	(4)(a) Beginning January 1, 2024, A filer may not include 445
663		-	in a filing to the commission a federal income tax return or a 446
664		-	copy of thereof; a social security number; a bank, mortgage, or 447
665		-	brokerage account number; a debit, charge, or credit card 448
666		-	number; a personal identification number; or a taxpayer 449
667		-	identification number. If a filer includes such information in 450
668		-
669		-	CS/CS/HB 37 2023
670		-
671		-
672		-
673		-	CODING: Words stricken are deletions; words underlined are additions.
674		-	hb0037-02-c2
675		-	Page 19 of 33
676		-	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
677		-
678		-
679		-
680		-	his or her filing, the information may be made available as part 451
681		-	of the official records of the commission available for public 452
682		-	inspection and copying unless redaction is requested by the 453
683		-	filer. The commission is not liable for the release of social 454
684		-	security numbers, bank account numbers, or debit, charge, or 455
685		-	credit card numbers included in a filing to the commission if 456
686		-	the filer has not requested redaction of the information. 457
687		-	(c) The commission must conspicuously post a notice, in 458
688		-	substantially the following form , in the instructions for the 459
689		-	electronic filing system specifying that: 460
690		-	1. Any filer submitting information through the electronic 461
691		-	filing system may not include a federal income tax return or a 462
692		-	copy thereof; a social security number; a bank, mortgage, or 463
693		-	brokerage account number; a debit, charge, or credit card 464
694		-	number; a personal identification number; or a taxpayer 465
695		-	identification number in any filing unless required by law. 466
696		-	2. Information submitted through the electronic filing 467
697		-	system may be open to pu blic inspection and copying. 468
698		-	3. Any filer has a right to request that the commission 469
699		-	redact from his or her filing any social security number ;, bank 470
700		-	account number;, or debit, charge, or credit card number 471
701		-	contained in the filing. Such request must be ma de in writing 472
702		-	and delivered to the commission. The request must specify the 473
703		-	information to be redacted and the specific section or sections 474
704		-	of the disclosure in which it was included. 475
705		-
706		-	CS/CS/HB 37 2023
707		-
708		-
709		-
710		-	CODING: Words stricken are deletions; words underlined are additions.
711		-	hb0037-02-c2
712		-	Page 20 of 33
713		-	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
714		-
715		-
716		-
717		-	(6) Each elected constitutional officer, state officer, 476
718		-	local officer, and specified state employee shall file a 477
719		-	quarterly report of the names of clients represented for a fee 478
720		-	or commission, except for appearances in ministerial matters, 479
721		-	before agencies at his or her level of government. For the 480
722		-	purposes of this part, agenci es of government shall be 481
723		-	classified as state-level agencies or agencies below state 482
724		-	level. Each local officer shall file such report with the 483
725		-	supervisor of elections of the county in which the officer is 484
726		-	principally employed or is a resident. Each state officer, 485
727		-	elected constitutional officer, and specified state employee 486
728		-	shall file such report with the commission. Beginning January 1, 487
729		-	2024, each local officer shall file such report with the 488
730		-	commission. The report must shall be filed only when a 489
731		-	reportable representation is made during the calendar quarter 490
732		-	and must shall be filed no later than the last day of each 491
733		-	calendar quarter, for the previous calendar quarter. 492
734		-	Representation before any agency shall be deemed to include 493
735		-	representation by such officer o r specified state employee or by 494
736		-	any partner or associate of the professional firm of which he or 495
737		-	she is a member and of which he or she has actual knowledge. For 496
738		-	the purposes of this subsection, the term "representation before 497
739		-	any agency" does not include appearances before any court or the 498
740		-	Deputy Chief Judge of Compensation Claims or judges of 499
741		-	compensation claims or representations on behalf of one's agency 500
742		-
743		-	CS/CS/HB 37 2023
744		-
745		-
746		-
747		-	CODING: Words stricken are deletions; words underlined are additions.
748		-	hb0037-02-c2
749		-	Page 21 of 33
750		-	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
751		-
752		-
753		-
754		-	in one's official capacity. Such term does not include the 501
755		-	preparation and filing of forms and appl ications merely for the 502
756		-	purpose of obtaining or transferring a license based on a quota 503
757		-	or a franchise of such agency or a license or operation permit 504
758		-	to engage in a profession, business, or occupation, so long as 505
759		-	the issuance or granting of such license, permit, or transfer 506
760		-	does not require substantial discretion, a variance, a special 507
761		-	consideration, or a certificate of public convenience and 508
762		-	necessity. 509
763		-	(8) Beginning January 1, 2024, forms for compliance with 510
764		-	the disclosure requirements of this section a nd a current list 511
765		-	of persons subject to disclosure must shall be created by the 512
766		-	commission. The commission shall allow a filer to include 513
767		-	attachments or other supporting documentation when filing a 514
768		-	disclosure. Beginning January 1, 2024, and provided to each 515
769		-	supervisor of elections. the commission and each supervisor of 516
770		-	elections shall give notice of disclosure deadlines , and 517
771		-	delinquencies, and instructions distribute forms in the 518
772		-	following manner: 519
773		-	(a)1. Not later than May 1 of each year, the commission 520
774		-	shall prepare a current list of the names, e -mail addresses, and 521
775		-	physical addresses of, and the offices or positions held by, 522
776		-	every state officer, local officer, and specified employee. Each 523
777		-	unit of government shall assist the commission in compiling the 524
778		-	list by providing to the commission not later than February 1 of 525
779		-
780		-	CS/CS/HB 37 2023
781		-
782		-
783		-
784		-	CODING: Words stricken are deletions; words underlined are additions.
785		-	hb0037-02-c2
786		-	Page 22 of 33
787		-	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
788		-
789		-
790		-
791		-	each year the name, e -mail address, physical address, and name 526
792		-	of agency of, and the office or position held by, each state 527
793		-	officer, local officer, or specified state employee within the 528
794		-	respective unit of government as of December 31 of the preceding 529
795		-	year. 530
796		-	(b) The commission shall notify by e -mail, not later than 531
797		-	June 1 of each year, each person required to file a statement of 532
798		-	financial interests under subsection (3) of all of the 533
799		-	following: 534
800		-	1. Applicable filing deadlines for completing and filing 535
801		-	the statement on the electronic filing system. 536
802		-	2. Instructions on how to complete and file the statement 537
803		-	on the electronic filing system, or how to access such 538
804		-	instructions. 539
805		-	540
806		-	Beginning January 1, 2024, paper forms may not be provided and 541
807		-	each person required to file a statement of financial interests 542
808		-	must complete and file such statement on the electronic filing 543
809		-	system pursuant to paragraph (2) (e). 544
810		-	2. Not later than May 15 of each year, the commission 545
811		-	shall provide each supervisor of elections with a current list 546
812		-	of all local officers required to file with such supervisor of 547
813		-	elections. 548
814		-	(b) Not later than June 1 of each year, the commission a nd 549
815		-	each supervisor of elections, as appropriate, shall distribute a 550
816		-
817		-	CS/CS/HB 37 2023
818		-
819		-
820		-
821		-	CODING: Words stricken are deletions; words underlined are additions.
822		-	hb0037-02-c2
823		-	Page 23 of 33
824		-	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
825		-
826		-
827		-
828		-	copy of the form prescribed for compliance with subsection (3) 551
829		-	and a notice of all applicable disclosure forms and filing 552
830		-	deadlines to each person required to file a statement of 553
831		-	financial interests. Beginning January 1, 2024, no paper forms 554
832		-	will be provided. The notice required under this paragraph and 555
833		-	instructions for electronic submission must be delivered by e -556
834		-	mail. 557
835		-	(c) Not later than August 1 of each year, the commission 558
836		-	and each supervisor of elections shall determine which persons 559
837		-	required to file a statement of financial interests in their 560
838		-	respective offices have failed to do so and shall send 561
839		-	delinquency notices to these persons. Through December 31, 2023, 562
840		-	delinquency notices must be sent by certified mail, return 563
841		-	receipt requested. Each notice must state that a grace period is 564
842		-	in effect until September 1 of the current year; that no 565
843		-	investigative or disciplinary action based upon the delinquency 566
844		-	will be taken by the agency head or commission if the statement 567
845		-	is filed by September 1 of the current year; that, if the 568
846		-	statement is not filed by September 1 of the current year, a 569
847		-	fine of $25 for each day late will be imposed, up to a maximum 570
848		-	penalty of $1,500; for notices distributed by a supervisor of 571
849		-	elections, that he or she is required by law to notify the 572
850		-	commission of the delinquency; and that, if upon the filing of a 573
851		-	sworn complaint the commission finds that the person has failed 574
852		-	to timely file the statement within 60 days after S eptember 1 of 575
853		-
854		-	CS/CS/HB 37 2023
855		-
856		-
857		-
858		-	CODING: Words stricken are deletions; words underlined are additions.
859		-	hb0037-02-c2
860		-	Page 24 of 33
861		-	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
862		-
863		-
864		-
865		-	the current year, such person will also be subject to the 576
866		-	penalties provided in s. 112.317. Beginning January 1, 2024, 577
867		-	notice required under this paragraph must be delivered by e -mail 578
868		-	and must be redelivered on a weekly basis by e -mail as long as 579
869		-	the person remains delinquent. 580
870		-	(d) Beginning January 1, 2024, disclosure statements 581
871		-	required to be filed with the commission must be filed by 11:59 582
872		-	p.m. on the due date using the commission's electronic filing 583
873		-	system as provided in s. 112.31446. 584
874		-	(d) No later than November 15 of each year, the supervisor 585
875		-	of elections in each county shall certify to the commission a 586
876		-	list of the names and addresses of, and the offices or positions 587
877		-	held by, all persons who have failed to timely file the required 588
878		-	statements of financial interests. The certification must 589
879		-	include the earliest of the dates described in subparagraph 590
880		-	(g)1. The certification shall be on a form prescribed by the 591
881		-	commission and shall indicate whether the supervisor of 592
882		-	elections has provided the disclosure forms and notice as 593
883		-	required by this subsection to all persons named on the 594
884		-	delinquency list. 595
885		-	(e) Statements must be received by the commission not 596
886		-	later than 5 p.m. of the due date. However, any statement that 597
887		-	is postmarked by the United Sta tes Postal Service by midnight of 598
888		-	the due date is deemed to have been filed in a timely manner, 599
889		-	and a certificate of mailing obtained from and dated by the 600
890		-
891		-	CS/CS/HB 37 2023
892		-
893		-
894		-
895		-	CODING: Words stricken are deletions; words underlined are additions.
896		-	hb0037-02-c2
897		-	Page 25 of 33
898		-	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
899		-
900		-
901		-
902		-	United States Postal Service at the time of the mailing, or a 601
903		-	receipt from an established courier co mpany which bears a date 602
904		-	on or before the due date, constitutes proof of mailing in a 603
905		-	timely manner. Beginning January 1, 2023, upon request of the 604
906		-	filer, the commission must provide verification to the filer 605
907		-	that the commission has received the filed stat ement. 606
908		-	(e)(f) Beginning January 1, 2023, the statement must be 607
909		-	accompanied by a declaration as provided in s. 92.525(2) and an 608
910		-	electronic acknowledgment thereof. 609
911		-	(f)(g) Any person who is required to file a statement of 610
912		-	financial interests and whose name is on the commission's list, 611
913		-	and to whom notice has been sent, but who fails to timely file 612
914		-	is assessed a fine of $25 per day for each day late up to a 613
915		-	maximum of $1,500; however, this $1,500 limitation on automatic 614
916		-	fines does not limit the civil penalty that may be imposed if 615
917		-	the statement is filed more than 60 days after the deadline and 616
918		-	a complaint is filed, as provided in s. 112.324. The commission 617
919		-	must provide by rule the grounds for waiving the fine and 618
920		-	procedures by which each person whose name is on the list and 619
921		-	who is determined to have not filed in a timely manner will be 620
922		-	notified of assessed fines and may appeal. The rule must provide 621
923		-	for and make specific that the amount of the fine is based upon 622
924		-	the date and time that the disclosure is filed o n the electronic 623
925		-	filing system as provided in s. 112.31446. the following: 624
926		-	1. Beginning January 1, 2024, The amount of the fine due is 625
927		-
928		-	CS/CS/HB 37 2023
929		-
930		-
931		-
932		-	CODING: Words stricken are deletions; words underlined are additions.
933		-	hb0037-02-c2
934		-	Page 26 of 33
935		-	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
936		-
937		-
938		-
939		-	based upon the earliest of the following: 626
940		-	a. When a statement is actually received by the office. 627
941		-	b. When the statement is postmarked. 628
942		-	c. When the certificate of mailing is dated. 629
943		-	d. When the receipt from an established courier company is 630
944		-	dated. 631
945		-	2. for a specified state employee , or a state officer, or 632
946		-	local officer, upon receipt of the disclosure statement by the 633
947		-	commission or upon accrual of the maximum penalty, whichever 634
948		-	occurs first, and for a local officer upon receipt by the 635
949		-	commission of the certification from the local officer's 636
950		-	supervisor of elections pursuant to paragraph (d), the 637
951		-	commission shall determi ne the amount of the fine which is due 638
952		-	and shall notify the delinquent person. The notice must include 639
953		-	an explanation of the appeal procedure under subparagraph 2. 3. 640
954		-	The fine must be paid within 30 days after the notice of payment 641
955		-	due is transmitted, unle ss appeal is made to the commission 642
956		-	pursuant to subparagraph 2. 3. The moneys are to be deposited 643
957		-	into the General Revenue Fund. 644
958		-	2.3. Any reporting person may appeal or dispute a fine, 645
959		-	based upon unusual circumstances surrounding the failure to file 646
960		-	on the designated due date, and may request and is entitled to a 647
961		-	hearing before the commission, which may waive the fine in whole 648
962		-	or in part for good cause shown. Any such request must be in 649
963		-	writing and received by the commission within 30 days after the 650
964		-
965		-	CS/CS/HB 37 2023
966		-
967		-
968		-
969		-	CODING: Words stricken are deletions; words underlined are additions.
970		-	hb0037-02-c2
971		-	Page 27 of 33
972		-	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
973		-
974		-
975		-
976		-	notice of payment due is transmitted. In such a case, the 651
977		-	reporting person must, within the 30 -day period, notify the 652
978		-	person designated to review the timeliness of reports in writing 653
979		-	of his or her intention to bring the matter before the 654
980		-	commission. For purpose s of this subparagraph, the term "unusual 655
981		-	circumstances" does not include the failure to monitor an e -mail 656
982		-	account or failure to receive notice if the person has not 657
983		-	notified the commission of a change in his or her e -mail 658
984		-	address. 659
985		-	(g)(h) Any state officer, local officer, or specified 660
986		-	employee whose name is not on the list of persons required to 661
987		-	file an annual statement of financial interests is not subject 662
988		-	to the penalties provided in s. 112.317 or the fine provided in 663
989		-	this section for failure to timely file a statement of financial 664
990		-	interests in any year in which the omission occurred, but 665
991		-	nevertheless is required to file the disclosure statement. 666
992		-	(h)(i) The notification requirements and fines of this 667
993		-	subsection do not apply to candidates or to the firs t or final 668
994		-	filing required of any state officer, specified employee, or 669
995		-	local officer as provided in paragraph (2)(b). 670
996		-	(i)(j) Notwithstanding any provision of chapter 120, any 671
997		-	fine imposed under this subsection which is not waived by final 672
998		-	order of the commission and which remains unpaid more than 60 673
999		-	days after the notice of payment due or more than 60 days after 674
1000		-	the commission renders a final order on the appeal must be 675
1001		-
1002		-	CS/CS/HB 37 2023
1003		-
1004		-
1005		-
1006		-	CODING: Words stricken are deletions; words underlined are additions.
1007		-	hb0037-02-c2
1008		-	Page 28 of 33
1009		-	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
1010		-
1011		-
1012		-
1013		-	submitted to the Department of Financial Services as a claim, 676
1014		-	debt, or other obligati on owed to the state, and the department 677
1015		-	shall assign the collection of such a fine to a collection agent 678
1016		-	as provided in s. 17.20. 679
1017		-	Section 7. Subsection (1) of section 112.317, Florida 680
1018		-	Statutes, is amended to read: 681
1019		-	112.317 Penalties.— 682
1020		-	(1) Any violation of this part, including, but not limited 683
1021		-	to, failure to file disclosures required by this part or 684
1022		-	violation of any standard of conduct imposed by this part, or 685
1023		-	any violation of s. 8, Art. II of the State Constitution, in 686
1024		-	addition to any criminal penalty or other civil penalty 687
1025		-	involved, under applicable constitutional and statutory 688
1026		-	procedures, constitutes grounds for, and may be punished by, one 689
1027		-	or more of the following: 690
1028		-	(a) In the case of a public officer: 691
1029		-	1. Impeachment. 692
1030		-	2. Removal from off ice. 693
1031		-	3. Suspension from office. 694
1032		-	4. Public censure and reprimand. 695
1033		-	5. Forfeiture of no more than one -third of his or her 696
1034		-	salary per month for no more than 12 months. 697
1035		-	6. A civil penalty not to exceed $20,000 $10,000. 698
1036		-	7. Restitution of any pecuniary benefits received because 699
1037		-	of the violation committed. The commission may recommend that 700
1038		-
1039		-	CS/CS/HB 37 2023
1040		-
1041		-
1042		-
1043		-	CODING: Words stricken are deletions; words underlined are additions.
1044		-	hb0037-02-c2
1045		-	Page 29 of 33
1046		-	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
1047		-
1048		-
1049		-
1050		-	the restitution penalty be paid to the agency of which the 701
1051		-	public officer was a member or to the General Revenue Fund. 702
1052		-	(b) In the case of an employee or a person designated as a 703
1053		-	public officer by this part who otherwise would be deemed to be 704
1054		-	an employee: 705
1055		-	1. Dismissal from employment. 706
1056		-	2. Suspension from employment for not more than 90 days 707
1057		-	without pay. 708
1058		-	3. Demotion. 709
1059		-	4. Reduction in his or her salary level. 710
1060		-	5. Forfeiture of no more than one -third salary per month 711
1061		-	for no more than 12 months. 712
1062		-	6. A civil penalty not to exceed $20,000 $10,000. 713
1063		-	7. Restitution of any pecuniary benefits received because 714
1064		-	of the violation committed. Th e commission may recommend that 715
1065		-	the restitution penalty be paid to the agency by which the 716
1066		-	public employee was employed, or of which the officer was deemed 717
1067		-	to be an employee, or to the General Revenue Fund. 718
1068		-	8. Public censure and reprimand. 719
1069		-	(c) In the case of a candidate who violates this part or 720
1070		-	s. 8(a) and (i), Art. II of the State Constitution: 721
1071		-	1. Disqualification from being on the ballot. 722
1072		-	2. Public censure. 723
1073		-	3. Reprimand. 724
1074		-	4. A civil penalty not to exceed $20,000 $10,000. 725
1075		-
1076		-	CS/CS/HB 37 2023
1077		-
1078		-
1079		-
1080		-	CODING: Words stricken are deletions; words underlined are additions.
1081		-	hb0037-02-c2
1082		-	Page 30 of 33
1083		-	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
1084		-
1085		-
1086		-
1087		-	(d) In the case of a former public officer or employee who 726
1088		-	has violated a provision applicable to former officers or 727
1089		-	employees or whose violation occurred before the officer's or 728
1090		-	employee's leaving public office or employment: 729
1091		-	1. Public censure and reprimand. 730
1092		-	2. A civil penalty not to exceed $20,000 $10,000. 731
1093		-	3. Restitution of any pecuniary benefits received because 732
1094		-	of the violation committed. The commission may recommend that 733
1095		-	the restitution penalty be paid to the agency of the public 734
1096		-	officer or employee or to the Genera l Revenue Fund. 735
1097		-	(e) In the case of a person who is subject to the 736
1098		-	standards of this part, other than a lobbyist or lobbying firm 737
1099		-	under s. 112.3215 for a violation of s. 112.3215, but who is not 738
1100		-	a public officer or employee: 739
1101		-	1. Public censure and reprim and. 740
1102		-	2. A civil penalty not to exceed $20,000 $10,000. 741
1103		-	3. Restitution of any pecuniary benefits received because 742
1104		-	of the violation committed. The commission may recommend that 743
1105		-	the restitution penalty be paid to the agency of the person or 744
1106		-	to the General Revenue Fund. 745
1107		-	Section 8. Paragraph (d) of subsection (8) of section 746
1108		-	112.3215, Florida Statutes, is redesignated as paragraph (e), 747
1109		-	paragraph (c) of that subsection and subsection (9) are amended, 748
1110		-	and a new paragraph (d) is added to subsection (8), to r ead: 749
1111		-	112.3215 Lobbying before the executive branch or the 750
1112		-
1113		-	CS/CS/HB 37 2023
1114		-
1115		-
1116		-
1117		-	CODING: Words stricken are deletions; words underlined are additions.
1118		-	hb0037-02-c2
1119		-	Page 31 of 33
1120		-	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
1121		-
1122		-
1123		-
1124		-	Constitution Revision Commission; registration and reporting; 751
1125		-	investigation by commission. — 752
1126		-	(8) 753
1127		-	(c) The commission shall investigate any lobbying firm, 754
1128		-	lobbyist, principal, agency, officer, or employee upon receipt 755
1129		-	of information from a sworn complaint or from a random audit of 756
1130		-	lobbying reports indicating that the entity or person has 757
1131		-	intentionally failed to disclose any material fact or has 758
1132		-	knowingly submitted false information in any report re quired by 759
1133		-	this section or by rules adopted pursuant to this section a 760
1134		-	possible violation other than a late -filed report. 761
1135		-	(d) Notwithstanding paragraphs (a), (b), and (c), the 762
1136		-	commission may dismiss any complaint or investigation resulting 763
1137		-	from a random audit of lobbying reports at any stage of 764
1138		-	disposition if the commission determines that the public 765
1139		-	interest is not served by proceeding further, in which case the 766
1140		-	commission must issue a public report stating with particularity 767
1141		-	its reasons for the dismissa l. 768
1142		-	(9) If the commission finds no probable cause to believe 769
1143		-	that a violation of this section occurred, it must shall dismiss 770
1144		-	the complaint, whereupon the complaint, together with a written 771
1145		-	statement of the findings of the investigation and a summary of 772
1146		-	the facts, becomes shall become a matter of public record, and 773
1147		-	the commission must shall send a copy of the complaint, 774
1148		-	findings, and summary to the complainant and the alleged 775
1149		-
1150		-	CS/CS/HB 37 2023
1151		-
1152		-
1153		-
1154		-	CODING: Words stricken are deletions; words underlined are additions.
1155		-	hb0037-02-c2
1156		-	Page 32 of 33
1157		-	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
1158		-
1159		-
1160		-
1161		-	violator. If, after investigating information from a random 776
1162		-	audit of lobbying rep orts, the commission finds no probable 777
1163		-	cause to believe that a violation of this section occurred, a 778
1164		-	written statement of the findings of the investigation and a 779
1165		-	summary of the facts becomes shall become a matter of public 780
1166		-	record, and the commission must shall send a copy of the 781
1167		-	findings and summary to the alleged violator. If the commission 782
1168		-	finds probable cause to believe that a violation occurred, it 783
1169		-	must shall report the results of its investigation to the 784
1170		-	Governor and Cabinet and send a copy of the repo rt to the 785
1171		-	alleged violator by certified mail. Such notification and all 786
1172		-	documents made or received in the disposition of the complaint 787
1173		-	shall then become public records. Upon a request submitted to 788
1174		-	the Governor and Cabinet in writing, any person whom the 789
1175		-	commission finds probable cause to believe has violated any 790
1176		-	provision of this section shall be entitled to a public hearing. 791
1177		-	Such person shall be deemed to have waived the right to a public 792
1178		-	hearing if the request is not received within 14 days following 793
1179		-	the mailing of the probable cause notification. However, the 794
1180		-	Governor and Cabinet may on its own motion require a public 795
1181		-	hearing and may conduct such further investigation as it deems 796
1182		-	necessary. 797
1183		-	Section 9. Paragraph (a) of subsection (11) of section 798
1184		-	112.324, Florida Statutes, is amended to read: 799
1185		-	112.324 Procedures on complaints of violations and 800
1186		-
1187		-	CS/CS/HB 37 2023
1188		-
1189		-
1190		-
1191		-	CODING: Words stricken are deletions; words underlined are additions.
1192		-	hb0037-02-c2
1193		-	Page 33 of 33
1194		-	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
1195		-
1196		-
1197		-
1198		-	referrals; public records and meeting exemptions. — 801
1199		-	(11)(a) Notwithstanding subsections (1) -(8), the 802
1200		-	commission may dismiss any complaint or referral at any stag e of 803
1201		-	disposition if it determines that the violation that is alleged 804
1202		-	or has occurred is a de minimis violation attributable to 805
1203		-	inadvertent or unintentional error. In determining whether a 806
1204		-	violation was de minimis, the commission shall consider whether 807
1205		-	the interests of the public were protected despite the 808
1206		-	violation. This subsection does not apply to complaints or 809
1207		-	referrals pursuant to ss. 112.3144 and 112.3145. 810
1208		-	Section 10. Upon this act becoming a law, the Commission 811
1209		-	on Ethics shall, as necessary, revi se the commission's financial 812
1210		-	disclosure forms and instructions and any related rules to 813
1211		-	conform to this act. Any such revisions to disclosure forms and 814
1212		-	instructions pertaining to the 2022 filing year shall be exempt 815
1213		-	from the requirements of chapter 120, F lorida Statutes. 816
1214		-	Section 11. This act shall take effect upon becoming a 817
1215		-	law. 818
	51	+	112.3145 Disclosure of financial interests and clients 26
	52	+	represented before agencies. — 27
	53	+	(2) 28
	54	+	(b) Each state or local officer , except local officers 29
	55	+	specified in s. 112.3144(1)(d), and each specified state 30
	56	+	employee shall file a statement of financial interests no later 31
	57	+	than July 1 of each year. Each state officer, local officer, and 32
	58	+	specified state employee shall file a final statement of 33
	59	+	financial interests within 60 days after leaving his or her 34
	60	+	public position for the period between Janua ry 1 of the year in 35
	61	+	which the person leaves and the last day of office or 36
	62	+	employment, unless within the 60 -day period the person takes 37
	63	+	another public position requiring financial disclosure under 38
	64	+	this section or s. 8, Art. II of the State Constitution or 39
	65	+	otherwise is required to file full and public disclosure or a 40
	66	+	statement of financial interests for the final disclosure 41
	67	+	period. Each state or local officer who is appointed and each 42
	68	+	specified state employee who is employed shall file a statement 43
	69	+	of financial interests within 30 days from the date of 44
	70	+	appointment or, in the case of a specified state employee, from 45
	71	+	the date on which the employment begins, except that any person 46
	72	+	whose appointment is subject to confirmation by the Senate shall 47
	73	+	file prior to confirmation hearings or within 30 days from the 48
	74	+	date of appointment, whichever comes first. 49
	75	+	Section 3. This act shall take effect January 1, 2024. 50