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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 of 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 f or 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.; specifying that a 12
certain number of members of the commission are not 13
required to make a specified determi nation relating to 14
written referrals submitted to the commission by 15
specified parties; requiring the commission to submit 16
a copy of a certain referral to an alleged violator 17
within a specified timeframe; requiring the commission 18
to undertake a preliminary investigation within a 19
specified timeframe after receipt of technically and 20
legally sufficient complaints or referrals and make a 21
certain determination; authorizing a complainant to 22
submit an amended complaint within a specified 23
timeframe; providing that t he probable cause 24
determination concludes the preliminary investigation; 25
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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
requiring the commission to complete a preliminary 26
investigation, including a probable cause 27
determination, within a specified timeframe; requiring 28
the commission to complete an inves tigatory report 29
within a specified timeframe; authorizing the 30
commission to extend, for a specified period, the 31
allowable timeframe to adequately complete a 32
preliminary investigation if a specified number of 33
members of the commission determine such extensi on is 34
necessary; requiring the commission to document the 35
reasons for extending such investigation and transmit 36
a copy of such documentation to the alleged violator 37
and complainant within a specified timeframe; 38
requiring the commission to transmit a copy o f the 39
completed report to an alleged violator and to the 40
counsel representing the commission within a specified 41
timeframe; requiring such counsel to make a written 42
recommendation for disposition of a complaint or 43
referral within a specified timeframe after receiving 44
the investigatory report; requiring the commission to 45
transmit such written recommendation to the alleged 46
violator within a specified timeframe; providing that 47
the alleged violator has a specified timeframe to 48
respond in writing to the counsel's written 49
recommendation; requiring the commission, upon receipt 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
of the counsel's written recommendation, to schedule a 51
probable cause hearing for the next executive session 52
of the commission for which notice requirements can be 53
met; providing that, under s pecified conditions, the 54
commission may dismiss complaints or referrals before 55
completion of a preliminary investigation; providing a 56
timeframe within which the commission must transmit a 57
copy of the order finding probable cause to the 58
complainant and the alleged violator after a finding 59
of probable cause; specifying that an alleged violator 60
is entitled to request a formal public hearing before 61
the Division of Administrative Hearings or may select 62
an informal public hearing with the commission; 63
providing that persons are deemed to waive their 64
rights to a formal or an informal public hearing if 65
the request is not received within a specified 66
timeframe; providing the timeframe within which the 67
commission must conduct an informal public hearing; 68
requiring the commission to schedule a case that has 69
been relinquished from the Division of Administrative 70
Hearings for additional action at the next commission 71
meeting for which notice requirements can be met; 72
requiring the commission to complete final action on 73
such case within a specified timeframe; requiring a 74
specified number of commissioners to vote to reject or 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
deviate from a written recommendation made by the 76
counsel representing the commission; providing that 77
specified timeframes are tolled until the completion 78
of a related criminal investigation or prosecution, 79
excluding appeals, whichever occurs later; providing 80
that a harmless error standard applies to the 81
commission regarding specified timeframes; providing 82
an effective date. 83
84
Be It Enacted by the Legisla ture of the State of Florida: 85
86
Section 1. Paragraph (b) of subsection (4) of section 87
112.3122, Florida Statutes, is amended to read: 88
112.3122 Enforcement and penalties for constitutional 89
prohibition against lobbying by a public officer. — 90
(4) A violation of s. 8(f), Art. II of the State 91
Constitution may be punished by one or more of the following: 92
(b) A civil penalty not to exceed $20,000 $10,000. 93
Section 2. Subsection (1) of section 112.321, Florida 94
Statutes, is amended to read: 95
112.321 Membership, terms; travel expenses; staff. — 96
(1) The commission shall be composed of nine members. Five 97
of these members shall be appointed by the Governor, no more 98
than three of whom shall be from the same political party, 99
subject to confirmation by the Sena te. One member appointed by 100
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the Governor shall be a former city or county official and may 101
be a former member of a local planning or zoning board which has 102
only advisory duties. Two members shall be appointed by the 103
Speaker of the House of Representatives, and two members shall 104
be appointed by the President of the Senate. Neither the Speaker 105
of the House of Representatives nor the President of the Senate 106
shall appoint more than one member from the same political 107
party. Of the nine members of the commission, no more than five 108
members shall be from the same political party at any one time. 109
A No member may not hold any public employment. An individual 110
who qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215 111
or pursuant to any local government charter or ordinance may not 112
serve as a member of the commission , except that this 113
prohibition does not apply to an individual who is a member of 114
the commission on July 1, 2006, until the expiration of his or 115
her current term. A member of the commission may not lobb y any 116
state or local governmental entity as provided in s. 11.045 or 117
s. 112.3215 or as provided by any local government charter or 118
ordinance, except that this prohibition does not apply to an 119
individual who is a member of the commission on July 1, 2006, 120
until the expiration of his or her current term . All members 121
shall serve 2-year terms. A member may not serve more than two 122
full terms in succession. Any member of the commission may be 123
removed for cause by majority vote of the Governor, the 124
President of the Senate, the Speaker of the House of 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
Representatives, and the Chief Justice of the Supreme Court. 126
Section 3. Subsection (7) of section 112.317, Florida 127
Statutes, is amended to read: 128
112.317 Penalties.— 129
(7) In any case in which the commission determ ines that a 130
person has filed a complaint against a public officer , an or 131
employee, or a candidate for public office with a malicious 132
intent to injure the reputation of such officer , or employee, or 133
candidate by filing the complaint with knowledge that the 134
complaint contains one or more false allegations or with 135
reckless disregard for whether the complaint contains false 136
allegations of fact material to a violation of this part, the 137
complainant shall be liable for costs plus reasonable attorney 138
fees incurred in the defense of the person complained against, 139
including the costs and reasonable attorney fees incurred in 140
proving entitlement to and the amount of costs and fees. If the 141
complainant fails to pay such costs and fees voluntarily within 142
30 days following such finding by the commission, the commission 143
shall forward such information to the Department of Legal 144
Affairs, which shall bring a civil action in a court of 145
competent jurisdiction to recover the amount of such costs and 146
fees awarded by the commission. 147
Section 4. Subsections (1) and (3) of section 112.324, 148
Florida Statutes, are amended to read: 149
112.324 Procedures on complaints of violations and 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
referrals; public records and meeting exemptions. — 151
(1) The commission shall investigate an alleged viol ation 152
of this part or other alleged breach of the public trust within 153
the jurisdiction of the commission as provided in s. 8(f), Art. 154
II of the State Constitution: 155
(a) Upon a written complaint executed on a form prescribed 156
by the commission and signed under oath or affirmation by any 157
person; or 158
(b) Upon receipt of a written referral of a possible 159
violation of this part or other possible breach of the public 160
trust from the Governor, the Department of Law Enforcement, a 161
state attorney, or a United States Attorney which at least six 162
members of the commission determine is sufficient to indicate a 163
violation of this part or any other breach of the public trust . 164
165
Within 5 days after receipt of a complaint or referral by the 166
commission or a determination by at least six members of the 167
commission that the referral received is deemed sufficient , a 168
copy must shall be transmitted to the alleged violator. 169
(3)(a) A preliminary investigation must shall be 170
undertaken by the commission within 30 days after its receipt of 171
each technically and legally sufficient complaint or referral 172
over which the commission has jurisdiction to determine whether 173
there is probable cause to believe that a violation has 174
occurred. A complainant may submit an ame nded complaint up to 60 175
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days after the commission receives the initial complaint. The 176
probable cause determination is the conclusion of the 177
preliminary investigation. The commission shall complete the 178
preliminary investigation, including the probable cause 179
determination, no later than 1 year after the beginning of the 180
preliminary investigation. 181
(b) An investigatory report must be completed no later 182
than 150 days after the beginning of the preliminary 183
investigation. If, at any one meeting of the commission held 184
during a preliminary investigation, at least six members of the 185
commission determine that additional time is necessary to 186
adequately complete such investigation, the commission may 187
extend the timeframe to complete the preliminary investigation 188
by no more than 60 days. During such meeting, the commission 189
shall document its reasons for extending the investigation and 190
transmit a copy of such documentation to the alleged violator 191
and complainant no later than 5 days after the extension is 192
ordered. The investigatory report must be transmitted to the 193
alleged violator and to the counsel representing the commission 194
no later than 5 days after completion of the report. The counsel 195
representing the commission shall make a written recommendation 196
to the commission for the disposition of the complaint or 197
referral no later than 15 days after he or she receives the 198
completed investigatory report. The commission shall transmit 199
the counsel's written recommendation to the alleged violator no 200
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later than 5 days after its co mpletion. The alleged violator has 201
14 days after the mailing date of the counsel's written 202
recommendation to respond in writing to the recommendation. 203
(c) Upon receipt of the counsel's written recommendation, 204
the commission shall schedule a probable caus e hearing for the 205
next executive session of the commission for which notice 206
requirements can be met. 207
(d) If, upon completion of the preliminary investigation, 208
the commission finds no probable cause to believe that this part 209
has been violated, or that no any other breach of the public 210
trust has been committed, the commission must shall dismiss the 211
complaint or referral with the issuance of a public report to 212
the complainant and the alleged violator, stating with 213
particularity its reasons for dismissal. At that time, the 214
complaint or referral and all materials relating to the 215
complaint or referral shall become a matter of public record. 216
(e) If the commission finds from the preliminary 217
investigation probable cause to believe that this part has been 218
violated or that any other breach of the public trust has been 219
committed, it must transmit a copy of the order finding probable 220
cause to shall so notify the complainant and the alleged 221
violator in writing no later than 5 days after the date of the 222
probable cause determination. Such notification and all 223
documents made or received in the disposition of the complaint 224
or referral shall then become public records. Upon request 225
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submitted to the commission in writing, any person who the 226
commission finds probable c ause to believe has violated any 227
provision of this part or has committed any other breach of the 228
public trust is shall be entitled to a public hearing and may 229
elect to have a formal administrative hearing conducted by an 230
administrative law judge in the Div ision of Administrative 231
Hearings. If the person does not elect to have a formal 232
administrative hearing by an administrative law judge, the 233
person is entitled to an informal public hearing conducted 234
before the commission . Such person is shall be deemed to have 235
waived the right to a formal or an informal public hearing if 236
the request is not received within 14 days after following the 237
mailing date of the probable cause notification required by this 238
paragraph subsection. However, the commission may , on its own 239
motion, require a formal or an informal public hearing. 240
(f) If the commission conducts an informal public hearing, 241
it must be held no later than 75 days after the date of the 242
probable cause determination. 243
(g) If the commission refers a case to the Divi sion of 244
Administrative Hearings for a formal public hearing and 245
subsequently requests that the case be relinquished back to the 246
commission, or if the administrative law judge assigned to the 247
case relinquishes jurisdiction back to the commission before a 248
recommended order is entered, the commission must schedule the 249
case for additional action at the next commission meeting for 250
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which notice requirements can be met. At the next subsequent 251
commission meeting, the commission must complete final action on 252
such case. 253
(h) The commission, may conduct such further investigation 254
as it deems necessary, and may enter into such stipulations and 255
settlements as it finds to be just and in the best interest of 256
the state. The commission is without jurisdiction to, and no 257
respondent may voluntarily or involuntarily, enter into a 258
stipulation or settlement which imposes any penalty, including, 259
but not limited to, a sanction or admonition or any other 260
penalty contained in s. 112.317. Penalties may shall be imposed 261
only by the appropriate disciplinary authority as designated in 262
this section. 263
(i) At least six members of the commission must vote to 264
reject or deviate from a written recommendation of the counsel 265
representing the commission. 266
(j) If a criminal complaint related to an investigation 267
pursuant to this section is filed, the timeframes in this 268
subsection are tolled until completion of the criminal 269
investigation or prosecution, excluding any appeals from such 270
prosecution, whichever occurs later. 271
(k) The failure of the comm ission to comply with the 272
timeframes provided in this subsection constitutes harmless 273
error in any related disciplinary action unless a court finds 274
that the fairness of the proceedings or the correctness of an 275
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action may have been impaired by a material er ror in procedure 276
or a failure to follow prescribed procedure. 277
Section 5. This act shall take effect October 1, 2024. 278