Florida Senate - 2023 CS for CS for SB 774 By the Committees on Rules; and Ethics and Elections; and Senator Brodeur 595-03337-23 2023774c2 1 A bill to be entitled 2 An act relating to ethics requirements for public 3 officials; amending s. 99.061, F.S.; requiring 4 candidates for specified elective offices to file a 5 full and public disclosure at the time of qualifying; 6 authorizing candidates to file a certain verification 7 or receipt with the qualifying officer unless certain 8 conditions exist; conforming provisions to changes 9 made by the act; amending s. 112.3142, F.S.; revising 10 legislative intent; requiring commissioners of 11 community redevelopment agencies to complete annual 12 ethics training; exempting commissioners who assumed 13 office after a specified date from completing the 14 required annual ethics training for that calendar 15 year; reenacting and amending s. 112.3144, F.S.; 16 requiring specified local officers to file full and 17 public disclosures; requiring the Commission on Ethics 18 to accept federal income tax returns and any 19 attachments or schedules for a specified purpose; 20 deleting the prohibition on including a federal income 21 tax return or a copy thereof for certain filings; 22 requiring the commission to allow a filer to include 23 attachments and other supporting documentation with 24 his or her disclosure; revising the notice the 25 commission sends to specified persons by e-mail; 26 requiring that disclosure statements be filed using 27 the commissions electronic filing system; revising 28 the deadline for disclosures to be received by the 29 commission; deleting provisions relating to financial 30 statements filed by mail; revising a provision 31 requiring the commission to adopt a specified rule; 32 requiring an individual appointed to replace an 33 elected local officer who leaves office before the end 34 of his or her term to file a full and public 35 disclosure of financial interests annually for the 36 remainder of his or her term in office; amending s. 37 112.31445, F.S.; requiring the commission to publish a 38 specified notice on the electronic filing system for 39 the disclosure of financial interests; requiring that 40 the filing system allow a filer to include attachments 41 and other supporting documentation; amending s. 42 112.31446, F.S.; requiring that the electronic filing 43 system allow a filer to submit attachments and other 44 supporting documentation when a disclosure is filed; 45 reenacting and amending s. 112.3145, F.S.; deleting a 46 prohibition on including a federal income tax return 47 or copy thereof in a financial disclosure; deleting a 48 provision requiring specified local officers to file 49 reports with the supervisor of elections of the 50 officers county of principal employment or residence; 51 requiring local officers to file their quarterly 52 reports of the names of clients they represent for a 53 fee or commission with the Commission on Ethics; 54 deleting a provision requiring the commission to 55 provide a specified list to the supervisors of 56 elections; requiring the commission to allow a filer 57 to include attachments or other documentation when 58 filing a disclosure; deleting a provision requiring 59 the commission to provide the supervisors of elections 60 a certain list annually by a specified date; requiring 61 the commission to provide a certain notice by e-mail, 62 beginning on a specified date; providing that, 63 beginning on a specified date, paper forms will no 64 longer be provided; requiring the commission, before a 65 specified date, to determine which persons have not 66 submitted a required statement and to send delinquency 67 notices to such persons; requiring that disclosure 68 statements be filed using the electronic filing 69 system, beginning on a specified date; revising the 70 criteria for a rule that the commission must adopt 71 regarding the electronic filing of disclosure 72 statements; requiring the commission to determine the 73 amount of fines for all delinquent filers, beginning 74 on a specified date; conforming provisions to changes 75 made by the act; amending s. 112.317, F.S.; increasing 76 the maximum civil penalty allowed for certain 77 violations related to statements of financial 78 disclosure; amending s. 112.3215, F.S.; requiring the 79 commission to investigate specified entities or 80 individuals that intentionally failed to disclose any 81 material fact or that knowingly submitted false 82 information in certain required reports; authorizing 83 the commission to dismiss certain complaints and 84 investigations; requiring the commission to issue a 85 specified public report if it dismisses such a 86 complaint or investigation; making technical changes; 87 amending s. 112.324, F.S.; revising applicability; 88 requiring the commission to revise financial 89 disclosure forms and rules for the 2022 filing year to 90 conform to changes made by the act; exempting such 91 revisions from specified rulemaking requirements; 92 providing an effective date. 93 94 Be It Enacted by the Legislature of the State of Florida: 95 96 Section 1.Subsection (5) and paragraph (a) of subsection 97 (7) of section 99.061, Florida Statutes, are amended to read: 98 99.061Method of qualifying for nomination or election to 99 federal, state, county, or district office. 100 (5)At the time of qualifying for office, each candidate 101 for a constitutional office, or for another elective office 102 subject to an annual filing requirement pursuant to s. 112.3144, 103 shall file a full and public disclosure of financial interests 104 pursuant to s. 8, Art. II of the State Constitution, which must 105 be verified under oath or affirmation pursuant to s. 106 92.525(1)(a), and a candidate for any other office, including 107 local elective office, shall file a statement of financial 108 interests pursuant to s. 112.3145. A candidate who is subject to 109 an annual filing requirement under s. 112.3144 may file a 110 verification or receipt of electronic filing pursuant to s. 111 112.3144(4). A candidate who is subject to an annual filing 112 requirement under s. 112.3145 may file a verification or receipt 113 of electronic filing pursuant to s. 112.3145(2)(c) unless the 114 candidate is required to file a full and public disclosure of 115 financial interests pursuant to s. 8, Art. II of the State 116 Constitution or this subsection. 117 (7)(a)In order for a candidate to be qualified, the 118 following items must be received by the filing officer by the 119 end of the qualifying period: 120 1.A properly executed check drawn upon the candidates 121 campaign account payable to the person or entity as prescribed 122 by the filing officer in an amount not less than the fee 123 required by s. 99.092, unless the candidate obtained the 124 required number of signatures on petitions pursuant to s. 125 99.095. The filing fee for a special district candidate is not 126 required to be drawn upon the candidates campaign account. If a 127 candidates check is returned by the bank for any reason, the 128 filing officer shall immediately notify the candidate and the 129 candidate shall have until the end of qualifying to pay the fee 130 with a cashiers check purchased from funds of the campaign 131 account. Failure to pay the fee as provided in this subparagraph 132 shall disqualify the candidate. 133 2.The candidates oath required by s. 99.021, which must 134 contain the name of the candidate as it is to appear on the 135 ballot; the office sought, including the district or group 136 number if applicable; and the signature of the candidate, which 137 must be verified under oath or affirmation pursuant to s. 138 92.525(1)(a). 139 3.If the office sought is partisan, the written statement 140 of political party affiliation required by s. 99.021(1)(b); or 141 if the candidate is running without party affiliation for a 142 partisan office, the written statement required by s. 143 99.021(1)(c). 144 4.The completed form for the appointment of campaign 145 treasurer and designation of campaign depository, as required by 146 s. 106.021. 147 5.The full and public disclosure or statement of financial 148 interests required by subsection (5). A public officer who has 149 filed the full and public disclosure or statement of financial 150 interests with the Commission on Ethics before or the supervisor 151 of elections prior to qualifying for office may file a copy of 152 that disclosure or a verification or receipt of electronic 153 filing as provided in subsection (5) at the time of qualifying. 154 Section 2.Paragraph (e) of subsection (2) of section 155 112.3142, Florida Statutes, is amended to read: 156 112.3142Ethics training for specified constitutional 157 officers, elected municipal officers, and commissioners. 158 (2) 159 (e)The Legislature intends that a constitutional officer, 160 a commissioner of a community redevelopment agency, or an 161 elected municipal officer who is required to complete ethics 162 training pursuant to this section receive the required training 163 as close as possible to the date that he or she assumes office. 164 A constitutional officer, a commissioner of a community 165 redevelopment agency, or an elected municipal officer assuming a 166 new office or new term of office on or before March 31 must 167 complete the annual training on or before December 31 of the 168 year in which the term of office began. A constitutional 169 officer, a commissioner of a community redevelopment agency, or 170 an elected municipal officer assuming a new office or new term 171 of office after March 31 is not required to complete ethics 172 training for the calendar year in which the term of office 173 began. 174 Section 3.Notwithstanding the expiration date in section 175 92 of chapter 2022-157, Laws of Florida, paragraph (c) of 176 subsection (6), paragraphs (a) and (c) of subsection (7), and 177 subsections (8) and (10) of section 112.3144, Florida Statutes, 178 are reenacted and amended, and paragraph (d) is added to 179 subsection (1) of that section, to read: 180 112.3144Full and public disclosure of financial 181 interests. 182 (1) 183 (d)Beginning January 1, 2024, the following local officers 184 must comply with the financial disclosure requirements of s. 8, 185 Art. II of the State Constitution and this section: 186 1.Mayors. 187 2.Elected members of the governing body of a municipality. 188 (6) 189 (c)Each separate source and amount of income which exceeds 190 $1,000 must be identified. For the purpose of a filer reporting 191 income, the commission shall accept federal income tax returns. 192 If a filer submits a federal income tax return for the purpose 193 of reporting income, he or she must also include all attachments 194 and schedules associated with such federal income tax return 195 Beginning January 1, 2023, a federal income tax return may not 196 be used for purposes of reporting income, and the commission may 197 not accept a federal income tax return or a copy thereof. 198 (7)(a)Beginning January 1, 2023, a filer may not include 199 in a filing to the commission a federal income tax return or a 200 copy thereof; a social security number; a bank, mortgage, or 201 brokerage account number; a debit, charge, or credit card 202 number; a personal identification number; or a taxpayer 203 identification number. If a filer includes such information in 204 his or her filing, the information may be made available as part 205 of the official records of the commission available for public 206 inspection and copying unless redaction is requested by the 207 filer. The commission is not liable for the release of social 208 security numbers or bank account, debit, charge, or credit card 209 numbers included in a filing to the commission if the filer has 210 not requested redaction of such information. 211 (c)The commission must conspicuously post a notice, in 212 substantially the following form, in the instructions for the 213 electronic filing system specifying that: 214 1.Any filer submitting information through the electronic 215 filing system may not include a federal income tax return or a 216 copy thereof; a social security number; a bank, mortgage, or 217 brokerage account number; a debit, charge, or credit card 218 number; a personal identification number; or a taxpayer 219 identification number in any filing unless required by law. 220 2.Information submitted through the electronic filing 221 system may be open to public inspection and copying. 222 3.Any filer has a right to request that the commission 223 redact from his or her filing any social security number, bank 224 account number, or debit, charge, or credit card number 225 contained in the filing. Such request must be made in writing 226 and delivered to the commission. The request must specify the 227 information to be redacted and the specific section or sections 228 of the disclosure in which it was included. 229 (8)Forms or fields of information for compliance with the 230 full and public disclosure requirements of s. 8, Art. II of the 231 State Constitution must shall be prescribed by the commission. 232 The commission shall allow a filer to include attachments or 233 other supporting documentation when filing a disclosure. The 234 commission shall give notice of disclosure deadlines and 235 delinquencies and distribute forms in the following manner: 236 (a)Not later than May 1 of each year, the commission shall 237 prepare a current list of the names, e-mail addresses, and 238 physical addresses of and the offices held by every person 239 required to file full and public disclosure annually by s. 8, 240 Art. II of the State Constitution, or other state law. Each unit 241 of government shall assist the commission in compiling the list 242 by providing to the commission not later than February 1 of each 243 year the name, e-mail address, physical address, and name of the 244 office held by such person within the respective unit of 245 government as of December 31 of the preceding year. 246 (b)Not later than June 1 of each year, the commission 247 shall notify by e-mail all persons required to file a full and 248 public disclosure of financial interests of all of the 249 following: 250 1.All applicable filing deadlines for completing and 251 filing the full and public disclosure of financial interests 252 prescribed under subsection (3) on the electronic filing system. 253 2.Instructions on how to complete and file the full and 254 public disclosure of financial interests as prescribed by 255 subsection (3) on the electronic filing system, or where to 256 access such instructions. 257 258 Beginning January 1, 2023, paper forms may not be provided and 259 persons required to file a full and public disclosure of 260 financial interests must complete and file their disclosures on 261 the electronic filing system pursuant to subsection (2) Not 262 later than June 1 of each year, the commission shall distribute 263 a copy of the form prescribed for compliance with full and 264 public disclosure and a notice of the filing deadline to each 265 person on the list. Beginning January 1, 2022, no paper forms 266 will be provided by mail. The notice required under this 267 paragraph and instructions for electronic submission must be 268 delivered by e-mail. 269 (c)Not later than August 1 of each year, the commission 270 shall determine which persons on the list have failed to file 271 full and public disclosure and shall send delinquency notices to 272 such persons. Each notice must state that a grace period is in 273 effect until September 1 of the current year. Beginning January 274 1, 2022, The notice required under this paragraph must be 275 delivered by e-mail and must be redelivered on a weekly basis by 276 e-mail as long as a person remains delinquent. 277 (d)Disclosures must be received by the commission not 278 later than 11:59 5 p.m. of the due date. However, any disclosure 279 that is postmarked by the United States Postal Service by 280 midnight of the due date is deemed to have been filed in a 281 timely manner, and a certificate of mailing obtained from and 282 dated by the United States Postal Service at the time of the 283 mailing, or a receipt from an established courier company which 284 bears a date on or before the due date, constitutes proof of 285 mailing in a timely manner. Beginning January 1, 2023, upon 286 request of the filer, the commission must provide verification 287 to the filer that the commission has received the filed 288 disclosure. 289 (e)Beginning January 1, 2023, a written declaration, as 290 provided for under s. 92.525(2), accompanied by an electronic 291 signature satisfies the requirement that the disclosure be 292 sworn. 293 (f)Any person who is required to file full and public 294 disclosure of financial interests and whose name is on the 295 commissions list, and to whom notice has been sent, but who 296 fails to timely file is assessed a fine of $25 per day for each 297 day late up to a maximum of $1,500; however this $1,500 298 limitation on automatic fines does not limit the civil penalty 299 that may be imposed if the statement is filed more than 60 days 300 after the deadline and a complaint is filed, as provided in s. 301 112.324. The commission must provide by rule the grounds for 302 waiving the fine and the procedures by which each person whose 303 name is on the list and who is determined to have not filed in a 304 timely manner will be notified of assessed fines and may appeal. 305 The rule must provide for and make specific that the amount of 306 the fine due is based upon when the disclosure is filed on the 307 electronic filing system created and maintained by the 308 commission as provided in s. 112.31446. the following: 309 1.The amount of the fine due is based upon the earliest of 310 the following: 311 a.When a statement is actually received by the office. 312 b.When the statement is postmarked. 313 c.When the certificate of mailing is dated. 314 d.When the receipt from an established courier company is 315 dated. 316 2.Upon receipt of the disclosure statement or upon accrual 317 of the maximum penalty, whichever occurs first, the commission 318 shall determine the amount of the fine which is due and shall 319 notify the delinquent person. The notice must include an 320 explanation of the appeal procedure under subparagraph 2. 3. 321 Such fine must be paid within 30 days after the notice of 322 payment due is transmitted, unless appeal is made to the 323 commission pursuant to subparagraph 2. 3. The moneys shall be 324 deposited into the General Revenue Fund. 325 2.3.Any reporting person may appeal or dispute a fine, 326 based upon unusual circumstances surrounding the failure to file 327 on the designated due date, and may request and is entitled to a 328 hearing before the commission, which may waive the fine in whole 329 or in part for good cause shown. Any such request must be in 330 writing and received by the commission within 30 days after the 331 notice of payment due is transmitted. In such a case, the 332 reporting person must, within the 30-day period, notify the 333 person designated to review the timeliness of reports in writing 334 of his or her intention to bring the matter before the 335 commission. For purposes of this subparagraph, unusual 336 circumstances does not include the failure to monitor an e-mail 337 account or failure to receive notice if the person has not 338 notified the commission of a change in his or her e-mail 339 address. 340 (g)Any person subject to the annual filing of full and 341 public disclosure under s. 8, Art. II of the State Constitution, 342 or other state law, whose name is not on the commissions list 343 of persons required to file full and public disclosure is not 344 subject to the fines or penalties provided in this part for 345 failure to file full and public disclosure in any year in which 346 the omission occurred, but nevertheless is required to file the 347 disclosure statement. 348 (h)The notification requirements and fines of this 349 subsection do not apply to candidates or to the first filing 350 required of any person appointed to elective constitutional 351 office or other position required to file full and public 352 disclosure, unless the persons name is on the commissions 353 notification list and the person received notification from the 354 commission. The appointing official shall notify such newly 355 appointed person of the obligation to file full and public 356 disclosure by July 1. The notification requirements and fines of 357 this subsection do not apply to the final filing provided for in 358 subsection (10). 359 (i)Notwithstanding any provision of chapter 120, any fine 360 imposed under this subsection which is not waived by final order 361 of the commission and which remains unpaid more than 60 days 362 after the notice of payment due or more than 60 days after the 363 commission renders a final order on the appeal must be submitted 364 to the Department of Financial Services as a claim, debt, or 365 other obligation owed to the state, and the department shall 366 assign the collection of such fine to a collection agent as 367 provided in s. 17.20. 368 (10)Each person required to file full and public 369 disclosure of financial interests shall file a final disclosure 370 statement within 60 days after leaving his or her public 371 position for the period between January 1 of the year in which 372 the person leaves and the last day of office or employment, 373 unless within the 60-day period the person takes another public 374 position requiring financial disclosure under s. 8, Art. II of 375 the State Constitution, or is otherwise required to file full 376 and public disclosure for the final disclosure period. The head 377 of the agency of each person required to file full and public 378 disclosure for the final disclosure period shall notify such 379 persons of their obligation to file the final disclosure and may 380 designate a person to be responsible for the notification 381 requirements of this subsection. When an elected local officer 382 specified in paragraph (1)(d) leaves office before the 383 expiration of his or her term, any individual appointed to 384 replace such officer for the remainder of that term must file a 385 full and public disclosure of financial interests annually 386 thereafter for the remainder of his or her term in office. 387 Section 4.Subsections (4) and (5) are added to section 388 112.31445, Florida Statutes, to read: 389 112.31445Electronic filing system; full and public 390 disclosure of financial interests. 391 (4)The commission shall publish a notice on the electronic 392 filing system instructing filers to redact a social security 393 number; a bank, mortgage, or brokerage account number; a debit, 394 charge, or credit card number; a personal identification number; 395 or a taxpayer identification number in their filings. 396 (5)The electronic filing system must allow a filer to 397 include attachments or other supporting documentation when 398 submitting a disclosure through the system. 399 Section 5.Paragraph (f) is added to subsection (2) of 400 section 112.31446, Florida Statutes, to read: 401 112.31446Electronic filing system for financial 402 disclosure. 403 (2)By January 1, 2022, the commission shall procure and 404 test an electronic filing system. At a minimum, the electronic 405 filing system must: 406 (f)Allow a filer to include attachments or other 407 supporting documentation when submitting a disclosure or a 408 statement through the system. 409 Section 6.Notwithstanding the expiration date in section 410 95 of chapter 2022-157, Laws of Florida, paragraphs (b) and (e) 411 of subsection (2), paragraphs (a) and (c) of subsection (4), and 412 subsections (6) and (8) of section 112.3145, Florida Statutes, 413 are reenacted and amended to read: 414 112.3145Disclosure of financial interests and clients 415 represented before agencies. 416 (2) 417 (b)Each state or local officer, except local officers 418 specified in s. 112.3144(1)(d), and each specified state 419 employee shall file a statement of financial interests no later 420 than July 1 of each year. Each state officer, local officer, and 421 specified state employee shall file a final statement of 422 financial interests within 60 days after leaving his or her 423 public position for the period between January 1 of the year in 424 which the person leaves and the last day of office or 425 employment, unless within the 60-day period the person takes 426 another public position requiring financial disclosure under 427 this section or s. 8, Art. II of the State Constitution or 428 otherwise is required to file full and public disclosure or a 429 statement of financial interests for the final disclosure 430 period. Each state or local officer who is appointed and each 431 specified state employee who is employed shall file a statement 432 of financial interests within 30 days from the date of 433 appointment or, in the case of a specified state employee, from 434 the date on which the employment begins, except that any person 435 whose appointment is subject to confirmation by the Senate shall 436 file before prior to confirmation hearings or within 30 days 437 from the date of appointment, whichever comes first. 438 (e)Beginning January 1, 2024, a statement of financial 439 interests, and a final statement of financial interests and any 440 amendments thereto, or any other form required by this section, 441 except any statement of a candidate who is not subject to an 442 annual filing requirement, must be filed electronically through 443 an electronic filing system created and maintained by the 444 commission as provided in s. 112.31446. 445 (4)(a)Beginning January 1, 2024, A filer may not include 446 in a filing to the commission a federal income tax return or a 447 copy of thereof; a social security number; a bank, mortgage, or 448 brokerage account number; a debit, charge, or credit card 449 number; a personal identification number; or a taxpayer 450 identification number. If a filer includes such information in 451 his or her filing, the information may be made available as part 452 of the official records of the commission available for public 453 inspection and copying unless redaction is requested by the 454 filer. The commission is not liable for the release of social 455 security numbers, bank account numbers, or debit, charge, or 456 credit card numbers included in a filing to the commission if 457 the filer has not requested redaction of the information. 458 (c)The commission must conspicuously post a notice, in 459 substantially the following form, in the instructions for the 460 electronic filing system specifying that: 461 1.Any filer submitting information through the electronic 462 filing system may not include a federal income tax return or a 463 copy thereof; a social security number; a bank, mortgage, or 464 brokerage account number; a debit, charge, or credit card 465 number; a personal identification number; or a taxpayer 466 identification number in any filing unless required by law. 467 2.Information submitted through the electronic filing 468 system may be open to public inspection and copying. 469 3.Any filer has a right to request that the commission 470 redact from his or her filing any social security number, bank 471 account number, or debit, charge, or credit card number 472 contained in the filing. Such request must be made in writing 473 and delivered to the commission. The request must specify the 474 information to be redacted and the specific section or sections 475 of the disclosure in which it was included. 476 (6)Each elected constitutional officer, state officer, 477 local officer, and specified state employee shall file a 478 quarterly report of the names of clients represented for a fee 479 or commission, except for appearances in ministerial matters, 480 before agencies at his or her level of government. For the 481 purposes of this part, agencies of government shall be 482 classified as state-level agencies or agencies below state 483 level. Each local officer shall file such report with the 484 supervisor of elections of the county in which the officer is 485 principally employed or is a resident. Each state officer, 486 elected constitutional officer, and specified state employee 487 shall file such report with the commission. Beginning January 1, 488 2024, each local officer shall file such report with the 489 commission. The report must shall be filed only when a 490 reportable representation is made during the calendar quarter 491 and must shall be filed no later than the last day of each 492 calendar quarter, for the previous calendar quarter. 493 Representation before any agency shall be deemed to include 494 representation by such officer or specified state employee or by 495 any partner or associate of the professional firm of which he or 496 she is a member and of which he or she has actual knowledge. For 497 the purposes of this subsection, the term representation before 498 any agency does not include appearances before any court or the 499 Deputy Chief Judge of Compensation Claims or judges of 500 compensation claims or representations on behalf of ones agency 501 in ones official capacity. Such term does not include the 502 preparation and filing of forms and applications merely for the 503 purpose of obtaining or transferring a license based on a quota 504 or a franchise of such agency or a license or operation permit 505 to engage in a profession, business, or occupation, so long as 506 the issuance or granting of such license, permit, or transfer 507 does not require substantial discretion, a variance, a special 508 consideration, or a certificate of public convenience and 509 necessity. 510 (8)Beginning January 1, 2024, forms for compliance with 511 the disclosure requirements of this section and a current list 512 of persons subject to disclosure must shall be created by the 513 commission and provided to each supervisor of elections. The 514 commission shall allow a filer to include attachments or other 515 supporting documentation when filing a disclosure. Beginning 516 January 1, 2024, the commission and each supervisor of elections 517 shall give notice of disclosure deadlines, and delinquencies, 518 and instructions distribute forms in the following manner: 519 (a)1.Not later than May 1 of each year, the commission 520 shall prepare a current list of the names, e-mail addresses, and 521 physical addresses of, and the offices or positions held by, 522 every state officer, local officer, and specified employee. Each 523 unit of government shall assist the commission in compiling the 524 list by providing to the commission not later than February 1 of 525 each year the name, e-mail address, physical address, and name 526 of agency of, and the office or position held by, each state 527 officer, local officer, or specified state employee within the 528 respective unit of government as of December 31 of the preceding 529 year. 530 2.Not later than May 15 of each year, the commission shall 531 provide each supervisor of elections with a current list of all 532 local officers required to file with such supervisor of 533 elections. 534 (b)The commission shall notify by e-mail, not later than 535 June 1 of each year, all persons required to file a statement of 536 financial interests under subsection (3) of all of the 537 following: 538 1.All applicable filing deadlines for completing and 539 filing the statement on the electronic filing system. 540 2.Instructions on how to complete and file the statement 541 on the electronic filing system, or where to access such 542 instructions. 543 544 Beginning January 1, 2024, paper forms may not be provided and 545 persons required to file a statement of financial interests must 546 complete and file such statements on the electronic filing 547 system pursuant to paragraph (2)(e) Not later than June 1 of 548 each year, the commission and each supervisor of elections, as 549 appropriate, shall distribute a copy of the form prescribed for 550 compliance with subsection (3) and a notice of all applicable 551 disclosure forms and filing deadlines to each person required to 552 file a statement of financial interests. Beginning January 1, 553 2024, no paper forms will be provided. The notice required under 554 this paragraph and instructions for electronic submission must 555 be delivered by e-mail. 556 (c)Not later than August 1 of each year, the commission 557 and each supervisor of elections shall determine which persons 558 required to file a statement of financial interests in their 559 respective offices have failed to do so and shall send 560 delinquency notices to these persons. Through December 31, 2023, 561 delinquency notices must be sent by certified mail, return 562 receipt requested. Each notice must state that a grace period is 563 in effect until September 1 of the current year; that no 564 investigative or disciplinary action based upon the delinquency 565 will be taken by the agency head or commission if the statement 566 is filed by September 1 of the current year; that, if the 567 statement is not filed by September 1 of the current year, a 568 fine of $25 for each day late will be imposed, up to a maximum 569 penalty of $1,500; for notices distributed by a supervisor of 570 elections, that he or she is required by law to notify the 571 commission of the delinquency; and that, if upon the filing of a 572 sworn complaint the commission finds that the person has failed 573 to timely file the statement within 60 days after September 1 of 574 the current year, such person will also be subject to the 575 penalties provided in s. 112.317. Beginning January 1, 2024, 576 notice required under this paragraph must be delivered by e-mail 577 and must be redelivered on a weekly basis by e-mail as long as 578 the person remains delinquent. 579 (d)Beginning January 1, 2024, disclosure statements 580 required to be filed with the commission must be filed by 11:59 581 p.m. on the due date using the commissions electronic filing 582 system pursuant to s. 112.31446 No later than November 15 of 583 each year, the supervisor of elections in each county shall 584 certify to the commission a list of the names and addresses of, 585 and the offices or positions held by, all persons who have 586 failed to timely file the required statements of financial 587 interests. The certification must include the earliest of the 588 dates described in subparagraph (g)1. The certification shall be 589 on a form prescribed by the commission and shall indicate 590 whether the supervisor of elections has provided the disclosure 591 forms and notice as required by this subsection to all persons 592 named on the delinquency list. 593 (e)Statements must be received by the commission not later 594 than 5 p.m. of the due date. However, any statement that is 595 postmarked by the United States Postal Service by midnight of 596 the due date is deemed to have been filed in a timely manner, 597 and a certificate of mailing obtained from and dated by the 598 United States Postal Service at the time of the mailing, or a 599 receipt from an established courier company which bears a date 600 on or before the due date, constitutes proof of mailing in a 601 timely manner. Beginning January 1, 2023, upon request of the 602 filer, the commission must provide verification to the filer 603 that the commission has received the filed statement. 604 (f)Beginning January 1, 2023, the statement must be 605 accompanied by a declaration as provided in s. 92.525(2) and an 606 electronic acknowledgment thereof. 607 (f)(g)Any person who is required to file a statement of 608 financial interests and whose name is on the commissions list, 609 and to whom notice has been sent, but who fails to timely file 610 is assessed a fine of $25 per day for each day late up to a 611 maximum of $1,500; however, this $1,500 limitation on automatic 612 fines does not limit the civil penalty that may be imposed if 613 the statement is filed more than 60 days after the deadline and 614 a complaint is filed, as provided in s. 112.324. The commission 615 must provide by rule the grounds for waiving the fine and 616 procedures by which each person whose name is on the list and 617 who is determined to have not filed in a timely manner will be 618 notified of assessed fines and may appeal. The rule must provide 619 for and make specific that the amount of the fine is based upon 620 the date and time that the disclosure is filed on the electronic 621 filing system as provided in s. 112.31446. the following: 622 1.Beginning January 1, 2024, The amount of the fine due is 623 based upon the earliest of the following: 624 a.When a statement is actually received by the office. 625 b.When the statement is postmarked. 626 c.When the certificate of mailing is dated. 627 d.When the receipt from an established courier company is 628 dated. 629 2.for a specified state employee, or a state officer, or 630 local officer, upon receipt of the disclosure statement by the 631 commission or upon accrual of the maximum penalty, whichever 632 occurs first, and for a local officer upon receipt by the 633 commission of the certification from the local officers 634 supervisor of elections pursuant to paragraph (d), the 635 commission shall determine the amount of the fine which is due 636 and shall notify the delinquent person. The notice must include 637 an explanation of the appeal procedure under subparagraph 2. 3. 638 The fine must be paid within 30 days after the notice of payment 639 due is transmitted, unless appeal is made to the commission 640 pursuant to subparagraph 2. 3. The moneys are to be deposited 641 into the General Revenue Fund. 642 2.3.Any reporting person may appeal or dispute a fine, 643 based upon unusual circumstances surrounding the failure to file 644 on the designated due date, and may request and is entitled to a 645 hearing before the commission, which may waive the fine in whole 646 or in part for good cause shown. Any such request must be in 647 writing and received by the commission within 30 days after the 648 notice of payment due is transmitted. In such a case, the 649 reporting person must, within the 30-day period, notify the 650 person designated to review the timeliness of reports in writing 651 of his or her intention to bring the matter before the 652 commission. For purposes of this subparagraph, the term unusual 653 circumstances does not include the failure to monitor an e-mail 654 account or failure to receive notice if the person has not 655 notified the commission of a change in his or her e-mail 656 address. 657 (g)(h)Any state officer, local officer, or specified 658 employee whose name is not on the list of persons required to 659 file an annual statement of financial interests is not subject 660 to the penalties provided in s. 112.317 or the fine provided in 661 this section for failure to timely file a statement of financial 662 interests in any year in which the omission occurred, but 663 nevertheless is required to file the disclosure statement. 664 (h)(i)The notification requirements and fines of this 665 subsection do not apply to candidates or to the first or final 666 filing required of any state officer, specified employee, or 667 local officer as provided in paragraph (2)(b). 668 (i)(j)Notwithstanding any provision of chapter 120, any 669 fine imposed under this subsection which is not waived by final 670 order of the commission and which remains unpaid more than 60 671 days after the notice of payment due or more than 60 days after 672 the commission renders a final order on the appeal must be 673 submitted to the Department of Financial Services as a claim, 674 debt, or other obligation owed to the state, and the department 675 shall assign the collection of such a fine to a collection agent 676 as provided in s. 17.20. 677 Section 7.Subsection (1) of section 112.317, Florida 678 Statutes, is amended to read: 679 112.317Penalties. 680 (1)Any violation of this part, including, but not limited 681 to, failure to file disclosures required by this part or 682 violation of any standard of conduct imposed by this part, or 683 any violation of s. 8, Art. II of the State Constitution, in 684 addition to any criminal penalty or other civil penalty 685 involved, under applicable constitutional and statutory 686 procedures, constitutes grounds for, and may be punished by, one 687 or more of the following: 688 (a)In the case of a public officer: 689 1.Impeachment. 690 2.Removal from office. 691 3.Suspension from office. 692 4.Public censure and reprimand. 693 5.Forfeiture of no more than one-third of his or her 694 salary per month for no more than 12 months. 695 6.A civil penalty not to exceed $20,000 $10,000. 696 7.Restitution of any pecuniary benefits received because 697 of the violation committed. The commission may recommend that 698 the restitution penalty be paid to the agency of which the 699 public officer was a member or to the General Revenue Fund. 700 (b)In the case of an employee or a person designated as a 701 public officer by this part who otherwise would be deemed to be 702 an employee: 703 1.Dismissal from employment. 704 2.Suspension from employment for not more than 90 days 705 without pay. 706 3.Demotion. 707 4.Reduction in his or her salary level. 708 5.Forfeiture of no more than one-third salary per month 709 for no more than 12 months. 710 6.A civil penalty not to exceed $20,000 $10,000. 711 7.Restitution of any pecuniary benefits received because 712 of the violation committed. The commission may recommend that 713 the restitution penalty be paid to the agency by which the 714 public employee was employed, or of which the officer was deemed 715 to be an employee, or to the General Revenue Fund. 716 8.Public censure and reprimand. 717 (c)In the case of a candidate who violates this part or s. 718 8(a) and (i), Art. II of the State Constitution: 719 1.Disqualification from being on the ballot. 720 2.Public censure. 721 3.Reprimand. 722 4.A civil penalty not to exceed $20,000 $10,000. 723 (d)In the case of a former public officer or employee who 724 has violated a provision applicable to former officers or 725 employees or whose violation occurred before the officers or 726 employees leaving public office or employment: 727 1.Public censure and reprimand. 728 2.A civil penalty not to exceed $20,000 $10,000. 729 3.Restitution of any pecuniary benefits received because 730 of the violation committed. The commission may recommend that 731 the restitution penalty be paid to the agency of the public 732 officer or employee or to the General Revenue Fund. 733 (e)In the case of a person who is subject to the standards 734 of this part, other than a lobbyist or lobbying firm under s. 735 112.3215 for a violation of s. 112.3215, but who is not a public 736 officer or employee: 737 1.Public censure and reprimand. 738 2.A civil penalty not to exceed $20,000 $10,000. 739 3.Restitution of any pecuniary benefits received because 740 of the violation committed. The commission may recommend that 741 the restitution penalty be paid to the agency of the person or 742 to the General Revenue Fund. 743 Section 8.Present paragraph (d) of subsection (8) of 744 section 112.3215, Florida Statutes, is redesignated as paragraph 745 (e), a new paragraph (d) is added to that subsection, and 746 paragraph (c) of subsection (8) and subsection (9) of that 747 section are amended, to read: 748 112.3215Lobbying before the executive branch or the 749 Constitution Revision Commission; registration and reporting; 750 investigation by commission. 751 (8) 752 (c)The commission shall investigate any lobbying firm, 753 lobbyist, principal, agency, officer, or employee upon receipt 754 of information from a sworn complaint or from a random audit of 755 lobbying reports indicating that the entity or individual has 756 intentionally failed to disclose any material fact or has 757 knowingly submitted false information in any report required by 758 this section or by rules adopted pursuant to this section a 759 possible violation other than a late-filed report. 760 (d)Notwithstanding paragraphs (a), (b), and (c), the 761 commission may dismiss any complaint or investigation resulting 762 from a random audit of lobbying reports at any stage of 763 disposition if it determines that the public interest is not 764 served by proceeding further, in which case the commission must 765 issue a public report stating with particularity its reasons for 766 the dismissal. 767 (9)If the commission finds no probable cause to believe 768 that a violation of this section occurred, it must shall dismiss 769 the complaint, whereupon the complaint, together with a written 770 statement of the findings of the investigation and a summary of 771 the facts, becomes shall become a matter of public record, and 772 the commission must shall send a copy of the complaint, 773 findings, and summary to the complainant and the alleged 774 violator. If, after investigating information from a random 775 audit of lobbying reports, the commission finds no probable 776 cause to believe that a violation of this section occurred, a 777 written statement of the findings of the investigation and a 778 summary of the facts becomes shall become a matter of public 779 record, and the commission must shall send a copy of the 780 findings and summary to the alleged violator. If the commission 781 finds probable cause to believe that a violation occurred, it 782 must shall report the results of its investigation to the 783 Governor and Cabinet and send a copy of the report to the 784 alleged violator by certified mail. Such notification and all 785 documents made or received in the disposition of the complaint 786 shall then become public records. Upon a request submitted to 787 the Governor and Cabinet in writing, any person whom the 788 commission finds probable cause to believe has violated any 789 provision of this section shall be entitled to a public hearing. 790 Such person shall be deemed to have waived the right to a public 791 hearing if the request is not received within 14 days following 792 the mailing of the probable cause notification. However, the 793 Governor and Cabinet may on its own motion require a public 794 hearing and may conduct such further investigation as it deems 795 necessary. 796 Section 9.Paragraph (a) of subsection (11) of section 797 112.324, Florida Statutes, is amended to read: 798 112.324Procedures on complaints of violations and 799 referrals; public records and meeting exemptions. 800 (11)(a)Notwithstanding subsections (1)-(8), the commission 801 may dismiss any complaint or referral at any stage of 802 disposition if it determines that the violation that is alleged 803 or has occurred is a de minimis violation attributable to 804 inadvertent or unintentional error. In determining whether a 805 violation was de minimis, the commission shall consider whether 806 the interests of the public were protected despite the 807 violation. This subsection does not apply to complaints or 808 referrals pursuant to ss. 112.3144 and 112.3145. 809 Section 10.Upon this act becoming a law, the Commission on 810 Ethics shall, as necessary, revise its financial disclosure 811 forms and instructions and any related rules to conform to this 812 act. Any such revisions to disclosure forms and instructions 813 pertaining to the 2022 filing year shall be exempt from the 814 requirements of chapter 120, Florida Statutes. 815 Section 11.This act shall take effect upon becoming a law.