CS/HB 399 2025
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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; creating s. 112.3131, F.S.; 2
defining terms; prohibiting candidates, elected public 3
officers, appointed public officers, and public 4
employees from knowingly misrepresenting their Armed 5
Forces of the United States service records, awards, 6
or qualifications or wearing any uniform, medal, or 7
insignia that they are not authorized to wear; 8
providing applicability; providing civil penalties; 9
providing construction; amending s. 112.317, F.S.; 10
providing that certain penalties are delinquen t if not 11
paid to the Commission on Ethics within a specified 12
timeframe; requiring the Attorney General to attempt 13
to determine whether an individual owing certain 14
penalties is a current public officer or public 15
employee; requiring the Attorney General to n otify the 16
Chief Financial Officer or the governing body of a 17
county, municipality, school district, or special 18
district of the total amount of any such penalty owed 19
by a current public officer or public employee; 20
requiring the Chief Financial Officer or th e governing 21
body to begin withholding portions of any salary -22
related payment that would otherwise be paid to the 23
officer or employee; requiring that the withheld 24
payments be remitted to the commission until the 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
penalty is satisfied; authorizing the Chief F inancial 26
Officer or the governing body to retain a portion of 27
each retained payment for administrative costs; 28
authorizing the Attorney General to refer certain 29
unpaid fines to a collection agency; authorizing the 30
collection agency to use any lawful collect ion method; 31
authorizing the Attorney General to collect an unpaid 32
fine within a specified period after issuance of the 33
civil penalty or restitution penalty; providing an 34
effective date. 35
36
Be It Enacted by the Legislature of the State of Florida: 37
38
Section 1. Section 112.3131, Florida Statutes, is created 39
to read: 40
112.3131 Stolen valor. — 41
(1) For the purposes of this section, the term: 42
(a) "Armed Forces of the United States" has the same 43
meaning as the term "armed forces" in s. 250.01 and includ es the 44
National Guard of any state. 45
(b) "Material gain" means any thing of value, regardless 46
of whether such value is monetary, remunerative, or tangible, 47
which is received by or given to, or is intended to be received 48
by or given to, an individual. The term includes, but is not 49
limited to, food; lodging; compensation; travel expenses; 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
placards; public benefits; public relief; financial relief; 51
obtaining or retaining employment or a promotion in such 52
individual's current employment or public employment, i ncluding 53
gaining a position in state or local government with authority 54
over another person, regardless of whether the individual 55
receives compensation or renumeration for his or her service in 56
the position; obtaining or retaining state or local public 57
office through election or appointment; or any thing in which or 58
for which a tangible benefit was gained, even if the value of 59
such benefit is de minimis. 60
(c) "Servicemember" has the same meaning as in s. 250.01. 61
(2)(a) A candidate, an elected public offi cer, an 62
appointed public officer, or a public employee may not, for the 63
purpose of material gain, knowingly do any of the following: 64
1. Misrepresent by making false, fictitious, or fraudulent 65
statements or representations, directly or indirectly, that he 66
or she is or was a servicemember or veteran of the Armed Forces 67
of the United States. 68
2. Misrepresent by making false, fictitious, or fraudulent 69
statements or representations, directly or indirectly, that he 70
or she is or was the recipient of a decoratio n, medal, title, or 71
honor from the Armed Forces of the United States or otherwise 72
related to military service, including, but not limited to, any 73
of the following: 74
a. Air Force Combat Action Medal. 75
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b. Air Force Cross. 76
c. Combat Action Badge. 77
d. Combat Action Ribbon. 78
e. Combat Infantryman Badge. 79
f. Combat Medical Badge. 80
g. Distinguished Service Cross. 81
h. Medal of Honor. 82
i. Navy Cross. 83
j. Purple Heart. 84
k. Silver Star Medal. 85
3. Misrepresent by making false, fictitious, or fraudulent 86
statements or representations, directly or indirectly, that he 87
or she is a holder of an awarded qualification or military 88
occupational specialty, including, but not limited to, any of 89
the following: 90
a. Aircraft pilot, navigator, or crew member. 91
b. Explosive Ordinance Disposal Technician. 92
c. Parachutist. 93
d. United States Army Ranger. 94
e. United States Navy Seal or Diver. 95
f. United States special operations forces member. 96
4. Misrepresent by making false, fictitious, or fraudulent 97
statements or representations, directly or indirectly, that he 98
or she actively served in the Armed Forces of the United States 99
during a wartime era, regardless of whether there was a declared 100
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war, or served in combat operations in a warzone, or was a 101
prisoner of war. 102
5. Wear the uniform or any medal or insignia authorized 103
for use by members or veterans of the Armed Forces of the United 104
States which he or she is not authorized to wear. 105
(b) This subsection does not prohibit individuals in the 106
theatrical profession from w earing such uniforms, medals, or 107
insignia during a performance while engaged in such profession. 108
(3) A candidate, an elected public officer, an appointed 109
public officer, or a public employee who violates subsection (2) 110
is subject to the penalties in s. 1 12.317. 111
(4) This section does not preclude prosecution of an 112
individual for any action under subsection (2) which is 113
prohibited by another law. 114
Section 2. Subsection (2) of section 112.317, Florida 115
Statutes, is amended to read: 116
112.317 Penalties.— 117
(2)(a) In any case in which the commission finds a 118
violation of this part or of s. 8, Art. II of the State 119
Constitution and the proper disciplinary official or body under 120
s. 112.324 imposes a civil penalty or restitution penalty, the 121
Attorney General sha ll bring a civil action to recover such 122
penalty. No defense may be raised in the civil action to enforce 123
the civil penalty or order of restitution that could have been 124
raised by judicial review of the administrative findings and 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
recommendations of the comm ission by certiorari to the district 126
court of appeal. The Attorney General shall collect any costs, 127
attorney fees, expert witness fees, or other costs of collection 128
incurred in bringing the action. 129
(b) For the purpose of this subsection, a civil penalty or 130
restitution penalty is considered delinquent if the individual 131
has not paid such penalty within 90 days after the penalty is 132
imposed by the commission. Before referring a delinquent civil 133
penalty or restitution penalty to the Department of Financial 134
Services, the Attorney General shall attempt to determine 135
whether the individual owing such penalty is a current public 136
officer or current public employee, and, if so, the Attorney 137
General must notify the Chief Financial Officer or the governing 138
body of the appropriate county, municipality, school district, 139
or special district of the total amount of the penalty owed by 140
such individual. 141
1. After receipt and verification of the notice from the 142
Attorney General, the Chief Financial Officer or the governing 143
body of the county, municipality, school district, or special 144
district shall begin withholding the lesser of 25 percent or the 145
maximum amount allowed under federal law from any salary -related 146
payment. The withheld payments must be remitted to the 147
commission until the fine is satisfied. 148
2. The Chief Financial Officer or the governing body of 149
the county, municipality, school district, or special district 150
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may retain an amount of each withheld payment, as provided in s. 151
77.0305, to cover the administrative costs incurred under this 152
section. 153
(c) The Attorney General may refer any unpaid civil 154
penalty or restitution penalty to the appropriate collection 155
agency as directed by the Chief Financial Officer, and, except 156
as expressly limited by this section, such collection agency may 157
use any collection method authorized by law. 158
(d) The Attorney General may take any action to collect 159
any unpaid civil penalty or restitution penalty imposed within 160
20 years after the date the civil penalty or restitution penalty 161
is imposed. 162
Section 3. This act shall take effect July 1, 2025. 163