HB 1597 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to ethics; amending s. 112.3122, F.S.; 2
increasing the maximum fine for violations of 3
specified lobbying provisions; amending s. 112.321, 4
F.S.; prohibiting a member of the Commission on Ethics 5
from serving more than two full terms, instead o f two 6
full terms in succession; making technical changes; 7
deleting obsolete language; amending s. 112.317, F.S.; 8
providing that a complainant is liable for costs plus 9
reasonable attorney fees for filing a complaint with 10
malicious intent against a candidate for public 11
office; amending s. 112.324, F.S.; requiring the 12
commission to submit a copy of a certain referral to 13
an alleged violator within a specified timeframe; 14
specifying that complaints and referrals must be 15
technically, in addition to legally, suffic ient for 16
the commission to undertake a preliminary 17
investigation and make a certain determination; 18
authorizing a complainant to submit an amended 19
complaint within a specified timeframe; providing that 20
the probable cause determination concludes the 21
preliminary investigation; requiring the commission to 22
complete a preliminary investigation, including a 23
probable cause determination, within a specified 24
timeframe; requiring the commission to determine 25
HB 1597 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
technical and legal sufficiency of complaints and 26
referrals within specified timeframes and issue an 27
order to investigate under a specified condition; 28
requiring that the commission complete an 29
investigatory report within a specified timeframe and 30
provide a copy of the completed report to an alleged 31
violator and counsel for the commission within a 32
specified timeframe; requiring counsel for the 33
commission to make a written recommendation for 34
disposition of a complaint within a specified 35
timeframe after receiving the investigatory report; 36
requiring that the commission p rovide such 37
recommendation to the violator within a specified 38
timeframe; providing that the alleged violator has a 39
specified timeframe to respond in writing to the 40
counsel's recommendation; requiring the commission, 41
upon receipt of the counsel's recommenda tion, to 42
schedule a probable cause hearing for the next 43
executive session of the commission if specified 44
conditions are met; providing that, under specified 45
conditions, the commission may dismiss complaints or 46
referrals before completion of a preliminary 47
investigation; providing a timeframe within which the 48
commission must notify a complainant and an alleged 49
violator after a finding of probable cause; specifying 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
that an alleged violator is entitled to request a 51
hearing before the Division of Administrative Hearings 52
or may select an informal hearing with the commission; 53
authorizing an investigation that must be completed 54
within a specified timeframe if a specified number of 55
commissioners determines further investigation is 56
necessary; requiring the commission to document the 57
reasons for ordering such investigation; providing the 58
timeframe within which the commission must conduct an 59
informal hearing; requiring the commission to schedule 60
a case that has been relinquished from the Division of 61
Administrative Hearin gs for additional action at the 62
next commission meeting; requiring the commission to 63
complete final action on such case within a specified 64
timeframe; requiring a specified number of 65
commissioners to vote to reject or deviate from a 66
recommendation made by c ounsel; providing that 67
specified timeframes are tolled until the completion 68
of a related criminal investigation or prosecution, 69
excluding appeals, whichever occurs later; providing 70
that a harmless error standard applies to the 71
commission regarding specifie d timeframes; providing 72
that specified timeframes apply retroactively and 73
prospectively; providing an effective date. 74
75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Florida: 76
77
Section 1. Paragraph (b) of subsection (4) of section 78
112.3122, Florida Statutes, is amended to read: 79
112.3122 Enforcement and penalties for constitutional 80
prohibition against lobbying by a public officer. — 81
(4) A violation of s. 8(f), Art. II of the State 82
Constitution may be punished by one or more of the following: 83
(b) A civil penalty not to exceed $20,000 $10,000. 84
Section 2. Subsection (1) of section 112.321, Florida 85
Statutes, is amended to read: 86
112.321 Membership, terms; travel expenses; staff. — 87
(1) The commission shall be composed of nine members. Five 88
of these members shall be appointed by the Governor, no more 89
than three of whom shall be from the same political party, 90
subject to confirmation by the Senate. One member appointed by 91
the Governor shall be a former city or county official and may 92
be a former member of a local planning or zoning board which has 93
only advisory duties. Two members shall be appointed by the 94
Speaker of the House of Representatives, and two members shall 95
be appointed by the President of the Senate. Neither the Speaker 96
of the House of Representatives nor the President of the Senate 97
shall appoint more than one member from the same political 98
party. Of the nine members of the Commission, no more than five 99
members shall be from the same political party at any one time. 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A No member may not hold any public employment. An individual 101
who qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215 102
or pursuant to any local government charter or ordinance may not 103
serve as a member of the commission , except that this 104
prohibition does not apply to an individual who is a member of 105
the commission on July 1, 2006, until the expiration of his or 106
her current term. A member of the commission may not lobby any 107
state or local governmental entity as provided in s. 11.045 or 108
s. 112.3215 or as provided by any lo cal government charter or 109
ordinance, except that this prohibition does not apply to an 110
individual who is a member of the commission on July 1, 2006, 111
until the expiration of his or her current term . All members 112
shall serve 2-year terms. A member may not ser ve more than two 113
full terms in succession. Any member of the commission may be 114
removed for cause by majority vote of the Governor, the 115
President of the Senate, the Speaker of the House of 116
Representatives, and the Chief Justice of the Supreme Court. 117
Section 3. Subsection (7) of section 112.317, Florida 118
Statutes, is amended to read: 119
112.317 Penalties.— 120
(7) In any case in which the commission determines that a 121
person has filed a complaint against a public officer or 122
employee or a candidate for public o ffice with a malicious 123
intent to injure the reputation of such officer or employee or 124
candidate by filing the complaint with knowledge that the 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
complaint contains one or more false allegations or with 126
reckless disregard for whether the complaint contains f alse 127
allegations of fact material to a violation of this part, the 128
complainant shall be liable for costs plus reasonable attorney 129
fees incurred in the defense of the person complained against, 130
including the costs and reasonable attorney fees incurred in 131
proving entitlement to and the amount of costs and fees. If the 132
complainant fails to pay such costs and fees voluntarily within 133
30 days following such finding by the commission, the commission 134
shall forward such information to the Department of Legal 135
Affairs, which shall bring a civil action in a court of 136
competent jurisdiction to recover the amount of such costs and 137
fees awarded by the commission. 138
Section 4. Subsections (1) and (3) of section 112.324, 139
Florida Statutes, are amended to read: 140
112.324 Procedures on complaints of violations and 141
referrals; public records and meeting exemptions. — 142
(1) The commission shall investigate an alleged violation 143
of this part or other alleged breach of the public trust within 144
the jurisdiction of the commission as provided in s. 8(f), Art. 145
II of the State Constitution: 146
(a) Upon a written complaint executed on a form prescribed 147
by the commission and signed under oath or affirmation by any 148
person; or 149
(b) Upon receipt of a written referral of a possible 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
violation of this part or other possible breach of the public 151
trust from the Governor, the Department of Law Enforcement, a 152
state attorney, or a United States Attorney which at least six 153
members of the commission determine is sufficient to indicate a 154
violation of this part or any other breach of the public trust. 155
156
Within 5 days after receipt of a complaint or referral by the 157
commission or a determination by at least six members of the 158
commission that the referral received is deemed sufficient , a 159
copy must shall be transmitted to the alleged violator. 160
(3)(a) A preliminary investigation must shall be 161
undertaken by the commission of each technically and legally 162
sufficient complaint or referral over which the commission has 163
jurisdiction to determine whether there is prob able cause to 164
believe that a violation has occurred. A complainant may submit 165
an amended complaint up to 60 days after the commission receives 166
the initial complaint. The probable cause determination is the 167
conclusion of the preliminary investigation. The c ommission 168
shall complete the preliminary investigation, including the 169
probable cause determination, no later than 1 year after the 170
beginning of the preliminary investigation. 171
(b) The commission shall make a determination as to 172
whether a complaint is tech nically sufficient no later than 5 173
days after receiving the complaint. The commission shall make a 174
determination as to whether a complaint is legally sufficient no 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
later than 21 days after receiving the complaint. The commission 176
shall make a determination as to whether a referral is 177
technically and legally sufficient at its next meeting. 178
(c) If the commission determines a complaint or referral 179
is technically and legally sufficient, it must issue an order to 180
investigate. An investigatory report must be com pleted no later 181
than 120 days after the beginning of the preliminary 182
investigation and must be provided to the alleged violator and 183
to counsel for the commission no later than 5 days after 184
completion of the report. The counsel for the commission shall 185
make a written recommendation to the commission for the 186
disposition of the complaint or referral no later than 15 days 187
after he or she receives the completed investigatory report. The 188
commission shall provide the counsel's written recommendation to 189
the alleged violator no later than 5 days after its completion. 190
The alleged violator has 14 days to respond in writing after the 191
mailing date of the counsel's recommendation. 192
(d) Upon receipt of the counsel's recommendation, the 193
commission must schedule a probable cause hearing for the next 194
executive session of the commission if notice requirements can 195
be met. 196
(e) If, upon completion of the preliminary investigation, 197
the commission finds no probable cause to believe that this part 198
has been violated, or that no any other breach of the public 199
trust has been committed, the commission must shall dismiss the 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
complaint or referral with the issuance of a public report to 201
the complainant and the alleged violator, stating with 202
particularity its reasons for dismissal. At tha t time, the 203
complaint or referral and all materials relating to the 204
complaint or referral shall become a matter of public record. 205
(f) If the commission finds from the preliminary 206
investigation probable cause to believe that this part has been 207
violated or that any other breach of the public trust has been 208
committed, it must shall so notify the complainant and the 209
alleged violator in writing no later than 5 days after the date 210
of the probable cause determination . Such notification and all 211
documents made or received in the disposition of the complaint 212
or referral shall then become public records. Upon request 213
submitted to the commission in writing, any person who the 214
commission finds probable cause to believe has violated any 215
provision of this part or has com mitted any other breach of the 216
public trust is shall be entitled to a public hearing and may 217
elect to have a formal administrative hearing conducted by an 218
administrative law judge in the Division of Administrative 219
Hearings. If the person does not elect to have a formal 220
administrative hearing by an administrative law judge, the 221
person is entitled to an informal hearing conducted before the 222
commission. Such person is shall be deemed to have waived the 223
right to a public hearing if the request is not received w ithin 224
14 days following the mailing date of the probable cause 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
notification required by this paragraph subsection. However, the 226
commission may, on its own motion, require a public hearing ., 227
(g) At a probable cause hearing, if at least six members 228
of the commission determine may conduct such further 229
investigation is necessary, the investigation may be ordered, 230
and such investigation may not exceed a period of 60 days as it 231
deems necessary. During the probable cause hearing, the 232
commission must document the reasons for ordering the additional 233
investigation. 234
(h) If the commission conducts an informal hearing, it 235
must do so no later than 75 days after the date of the probable 236
cause determination. 237
(i) If the commission refers a case to the Division of 238
Administrative Hearings for a formal hearing and subsequently 239
requests that the case be relinquished back to the commission, 240
or if the administrative law judge assigned to the case 241
relinquishes jurisdiction back to the commission before a 242
recommended order is e ntered, the commission must schedule the 243
case for additional action at the next commission meeting and 244
must complete final action on the case no later than 30 days 245
after the date of that commission meeting. 246
(j) The commission, and may enter into such sti pulations 247
and settlements as it finds to be just and in the best interest 248
of the state. The commission is without jurisdiction to, and no 249
respondent may voluntarily or involuntarily, enter into a 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
stipulation or settlement which imposes any penalty, includi ng, 251
but not limited to, a sanction or admonition or any other 252
penalty contained in s. 112.317. Penalties may shall be imposed 253
only by the appropriate disciplinary authority as designated in 254
this section. 255
(k) At least six members of the commission must vo te to 256
reject or deviate from a recommendation of counsel to the 257
commission. 258
(l) If a criminal complaint related to an investigation 259
pursuant to this section is filed, the timeframes in this 260
subsection are tolled until completion of the criminal 261
investigation or prosecution, excluding any appeals from such 262
prosecution, whichever occurs later. 263
(m) The failure of the commission to comply with the time 264
limits provided in this subsection constitutes harmless error in 265
any related disciplinary action unless a court finds that the 266
fairness of the proceedings or the correctness of an action may 267
have been impaired by a material error in procedure or a failure 268
to follow prescribed procedure. 269
(n) The timeframes provided in this subsection apply to 270
complaints and referrals submitted to the commission before, on, 271
or after July 1, 2024. 272
Section 5. This act shall take effect July 1, 2024. 273