Florida Senate - 2024 CS for SB 7014 By the Committees on Rules; and Ethics and Elections 595-02018-24 20247014c1 1 A bill to be entitled 2 An act relating to ethics; amending s. 112.3122, F.S.; 3 increasing the maximum fine for violations of 4 specified lobbying provisions; amending s. 112.321, 5 F.S.; prohibiting a member of the Commission on Ethics 6 from serving more than two full terms, instead of two 7 full terms in succession; making technical changes; 8 deleting obsolete language; amending s. 112.317, F.S.; 9 providing that a complainant is liable for costs plus 10 reasonable attorney fees for filing a complaint with 11 malicious intent against a candidate for public 12 office; amending s. 112.324, F.S.; specifying that a 13 certain number of members of the commission are not 14 required to make a specified determination related to 15 written referrals submitted to the commission by 16 specified parties; requiring the commission to submit 17 a copy of a certain referral to an alleged violator 18 within a specified timeframe; requiring the commission 19 to undertake a preliminary investigation within a 20 specified timeframe after receipt of technically and 21 legally sufficient complaints or referrals and make a 22 certain determination; authorizing a complainant to 23 submit an amended complaint within a specified 24 timeframe; providing that the probable cause 25 determination concludes the preliminary investigation; 26 requiring the commission to complete a preliminary 27 investigation, including a probable cause 28 determination, within a specified timeframe; requiring 29 the commission to complete an investigatory report 30 within a specified timeframe; authorizing the 31 commission to extend, for a specified period, the 32 allowable timeframe to adequately complete a 33 preliminary investigation if a specified number of 34 members of the commission determine such extension is 35 necessary; requiring the commission to document the 36 reasons for extending such investigation and transmit 37 a copy of such documentation to the alleged violator 38 and complainant within a specified timeframe; 39 requiring the commission to transmit a copy of the 40 completed report to an alleged violator and to the 41 counsel representing the commission within a specified 42 timeframe; requiring such counsel to make a written 43 recommendation for disposition of a complaint or 44 referral within a specified timeframe after receiving 45 the investigatory report; requiring the commission to 46 transmit such recommendation to the alleged violator 47 within a specified timeframe; providing that the 48 alleged violator has a specified timeframe to respond 49 in writing to the counsels recommendation; requiring 50 the commission, upon receipt of the counsels 51 recommendation, to schedule a probable cause hearing 52 for the next executive session of the commission for 53 which notice requirements can be met; providing that, 54 under specified conditions, the commission may dismiss 55 complaints or referrals before completion of a 56 preliminary investigation; providing a timeframe 57 within which the commission must transmit a copy of 58 the order finding probable cause to the complainant 59 and the alleged violator after a finding of probable 60 cause; specifying that an alleged violator is entitled 61 to request a formal hearing before the Division of 62 Administrative Hearings or may select an informal 63 hearing with the commission; providing that persons 64 are deemed to waive their rights to a formal or an 65 informal hearing if the request is not received within 66 a specified timeframe; providing the timeframe within 67 which the commission must conduct an informal 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 deviate from a recommendation made by the counsel 76 representing the commission; providing that specified 77 timeframes are tolled until the completion of a 78 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 Legislature 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: 88 112.3122Enforcement 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: 95 112.321Membership, 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 Senate. One member appointed by 100 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 lobby 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 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: 128 112.317Penalties. 129 (7)In any case in which the commission determines that a 130 person has filed a complaint against a public officer 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: 149 112.324Procedures on complaints of violations and 150 referrals; public records and meeting exemptions. 151 (1)The commission shall investigate an alleged violation 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 undertaken 170 by the commission within 30 days after its receipt of each 171 technically and legally sufficient complaint or referral over 172 which the commission has jurisdiction to determine whether there 173 is probable cause to believe that a violation has occurred. A 174 complainant may submit an amended complaint up to 60 days after 175 the commission receives the initial complaint. The probable 176 cause determination is the conclusion of the preliminary 177 investigation. The commission shall complete the preliminary 178 investigation, including the probable cause determination, no 179 later than 1 year after the beginning of the preliminary 180 investigation. 181 (b)An investigatory report must be completed no later than 182 150 days after the beginning of the preliminary investigation. 183 If, at any one meeting of the commission held during a given 184 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 counsels written recommendation to the alleged violator no 200 later than 5 days after its completion. The alleged violator has 201 14 days after the mailing date of the counsels recommendation 202 to respond in writing to the recommendation. 203 (c)Upon receipt of the counsels recommendation, the 204 commission shall schedule a probable cause hearing for the next 205 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 submitted to the commission in writing, any person who the 226 commission finds probable cause 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 Division 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 hearing conducted before the 234 commission. Such person is shall be deemed to have waived the 235 right to a formal or an informal public hearing if the request 236 is not received within 14 days following the mailing date of the 237 probable cause notification required by this paragraph 238 subsection. However, the commission may, on its own motion, 239 require a public hearing. 240 (f)If the commission conducts an informal hearing, it must 241 be held no later than 75 days after the date of the probable 242 cause determination. 243 (g)If the commission refers a case to the Division of 244 Administrative Hearings for a formal hearing and subsequently 245 requests that the case be relinquished back to the commission, 246 or if the administrative law judge assigned to the case 247 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 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 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 commission to comply with the time 272 limits provided in this subsection constitutes harmless error in 273 any related disciplinary action unless a court finds that the 274 fairness of the proceedings or the correctness of an action may 275 have been impaired by a material error in procedure or a failure 276 to follow prescribed procedure. 277 Section 5.This act shall take effect October 1, 2024.