FL
Florida House Bill H0399

Florida 2025 Regular Session

Florida House Bill H0399 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to ethics; creating s. 112.3131, F.S.; 2
1616 defining terms; prohibiting candidates, elected public 3
1717 officers, appointed public officers, and public 4
1818 employees from knowingly misrepresenting their Armed 5
1919 Forces of the United States service records, awards, 6
2020 or qualifications or wearing any uniform, medal, or 7
2121 insignia that they are not authorized to wear; 8
2222 providing applicability; providing civil penalties; 9
2323 providing construction; amending s. 112.317, F.S.; 10
24-providing that certain penalties are delinquen t if not 11
25-paid to the Commission on Ethics within a specified 12
26-timeframe; requiring the Attorney General to attempt 13
27-to determine whether an individual owing certain 14
28-penalties is a current public officer or public 15
29-employee; requiring the Attorney General to n otify the 16
30-Chief Financial Officer or the governing body of a 17
31-county, municipality, school district, or special 18
32-district of the total amount of any such penalty owed 19
33-by a current public officer or public employee; 20
34-requiring the Chief Financial Officer or th e governing 21
35-body to begin withholding portions of any salary -22
36-related payment that would otherwise be paid to the 23
37-officer or employee; requiring that the withheld 24
38-payments be remitted to the commission until the 25
24+requiring the Attorney General to attempt to d etermine 11
25+whether an individual owing certain penalties is a 12
26+current public officer or public employee; requiring 13
27+the Attorney General to notify the Chief Financial 14
28+Officer or the governing body of a county, 15
29+municipality, school district, or special distric t of 16
30+the total amount of any such penalty owed by a current 17
31+public officer or public employee; requiring the Chief 18
32+Financial Officer or the governing body to begin 19
33+withholding portions of any salary -related payment 20
34+that would otherwise be paid to the offic er or 21
35+employee; requiring that the withheld payments be 22
36+remitted to the commission until the penalty is 23
37+satisfied; authorizing the Chief Financial Officer or 24
38+the governing body to retain a portion of each 25
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4747 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
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51-penalty is satisfied; authorizing the Chief F inancial 26
52-Officer or the governing body to retain a portion of 27
53-each retained payment for administrative costs; 28
54-authorizing the Attorney General to refer certain 29
55-unpaid fines to a collection agency; authorizing the 30
56-collection agency to use any lawful collect ion method; 31
57-authorizing the Attorney General to collect an unpaid 32
58-fine within a specified period after issuance of the 33
59-civil penalty or restitution penalty; providing an 34
60-effective date. 35
61- 36
62-Be It Enacted by the Legislature of the State of Florida: 37
63- 38
64- Section 1. Section 112.3131, Florida Statutes, is created 39
65-to read: 40
66- 112.3131 Stolen valor. — 41
67- (1) For the purposes of this section, the term: 42
68- (a) "Armed Forces of the United States" has the same 43
69-meaning as the term "armed forces" in s. 250.01 and includ es the 44
70-National Guard of any state. 45
71- (b) "Material gain" means any thing of value, regardless 46
72-of whether such value is monetary, remunerative, or tangible, 47
73-which is received by or given to, or is intended to be received 48
74-by or given to, an individual. The term includes, but is not 49
75-limited to, food; lodging; compensation; travel expenses; 50
51+retained payment for administrative costs; authoriz ing 26
52+the Attorney General to refer certain unpaid fines to 27
53+a collection agency; authorizing the collection agency 28
54+to use any lawful collection method; authorizing the 29
55+Attorney General to collect an unpaid fine within a 30
56+specified period after issuance of the civil penalty 31
57+or restitution penalty; providing an effective date. 32
58+ 33
59+Be It Enacted by the Legislature of the State of Florida: 34
60+ 35
61+ Section 1. Section 112.3131, Florida Statutes, is created 36
62+to read: 37
63+ 112.3131 Stolen valor. — 38
64+ (1) For the purposes of this section, the term: 39
65+ (a) "Armed Forces of the United States" has the same 40
66+meaning as the term "armed forces" in s. 250.01 and includes the 41
67+National Guard of any state. 42
68+ (b) "Material gain" means any thing of value, regardless 43
69+of whether such value i s monetary, remunerative, or tangible, 44
70+which is received by or given to, or is intended to be received 45
71+by or given to, an individual. The term includes, but is not 46
72+limited to, food; lodging; compensation; travel expenses; 47
73+placards; public benefits; public relief; financial relief; 48
74+obtaining or retaining employment or a promotion in such 49
75+individual's current employment or public employment, including 50
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8484 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
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88-placards; public benefits; public relief; financial relief; 51
89-obtaining or retaining employment or a promotion in such 52
90-individual's current employment or public employment, i ncluding 53
91-gaining a position in state or local government with authority 54
92-over another person, regardless of whether the individual 55
93-receives compensation or renumeration for his or her service in 56
94-the position; obtaining or retaining state or local public 57
95-office through election or appointment; or any thing in which or 58
96-for which a tangible benefit was gained, even if the value of 59
97-such benefit is de minimis. 60
98- (c) "Servicemember" has the same meaning as in s. 250.01. 61
99- (2)(a) A candidate, an elected public offi cer, an 62
100-appointed public officer, or a public employee may not, for the 63
101-purpose of material gain, knowingly do any of the following: 64
102- 1. Misrepresent by making false, fictitious, or fraudulent 65
103-statements or representations, directly or indirectly, that he 66
104-or she is or was a servicemember or veteran of the Armed Forces 67
105-of the United States. 68
106- 2. Misrepresent by making false, fictitious, or fraudulent 69
107-statements or representations, directly or indirectly, that he 70
108-or she is or was the recipient of a decoratio n, medal, title, or 71
109-honor from the Armed Forces of the United States or otherwise 72
110-related to military service, including, but not limited to, any 73
111-of the following: 74
112- a. Air Force Combat Action Medal. 75
88+gaining a position in state or local government with authority 51
89+over another person, regardless of whether the individual 52
90+receives compensation or renumeration for his or her service in 53
91+the position; obtaining or retaining state or local public 54
92+office through election or appointment; or any thing in which or 55
93+for which a tangible benefit was gained, even if the val ue of 56
94+such benefit is de minimis. 57
95+ (c) "Servicemember" has the same meaning as in s. 250.01. 58
96+ (2)(a) A candidate, an elected public officer, an 59
97+appointed public officer, or a public employee may not, for the 60
98+purpose of material gain, knowingly do any of the following: 61
99+ 1. Misrepresent by making false, fictitious, or fraudulent 62
100+statements or representations, directly or indirectly, that he 63
101+or she is or was a servicemember or veteran of the Armed Forces 64
102+of the United States. 65
103+ 2. Misrepresent by making fal se, fictitious, or fraudulent 66
104+statements or representations, directly or indirectly, that he 67
105+or she is or was the recipient of a decoration, medal, title, or 68
106+honor from the Armed Forces of the United States or otherwise 69
107+related to military service, includi ng, but not limited to, any 70
108+of the following: 71
109+ a. Air Force Combat Action Medal. 72
110+ b. Air Force Cross. 73
111+ c. Combat Action Badge. 74
112+ d. Combat Action Ribbon. 75
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121121 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
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125- b. Air Force Cross. 76
126- c. Combat Action Badge. 77
127- d. Combat Action Ribbon. 78
128- e. Combat Infantryman Badge. 79
129- f. Combat Medical Badge. 80
130- g. Distinguished Service Cross. 81
131- h. Medal of Honor. 82
132- i. Navy Cross. 83
133- j. Purple Heart. 84
134- k. Silver Star Medal. 85
135- 3. Misrepresent by making false, fictitious, or fraudulent 86
136-statements or representations, directly or indirectly, that he 87
137-or she is a holder of an awarded qualification or military 88
138-occupational specialty, including, but not limited to, any of 89
139-the following: 90
140- a. Aircraft pilot, navigator, or crew member. 91
141- b. Explosive Ordinance Disposal Technician. 92
142- c. Parachutist. 93
143- d. United States Army Ranger. 94
144- e. United States Navy Seal or Diver. 95
145- f. United States special operations forces member. 96
146- 4. Misrepresent by making false, fictitious, or fraudulent 97
147-statements or representations, directly or indirectly, that he 98
148-or she actively served in the Armed Forces of the United States 99
149-during a wartime era, regardless of whether there was a declared 100
125+ e. Combat Infantryman Badge. 76
126+ f. Combat Medical Badge. 77
127+ g. Distinguished Service Cross. 78
128+ h. Medal of Honor. 79
129+ i. Navy Cross. 80
130+ j. Purple Heart. 81
131+ k. Silver Star Medal. 82
132+ 3. Misrepresent by making false, fictitious, or fraudulent 83
133+statements or representations, directly or indirectly, that he 84
134+or she is a holder of an awarded qualification or milita ry 85
135+occupational specialty, including, but not limited to, any of 86
136+the following: 87
137+ a. Aircraft pilot, navigator, or crew member. 88
138+ b. Explosive Ordinance Disposal Technician. 89
139+ c. Parachutist. 90
140+ d. United States Army Ranger. 91
141+ e. United States Navy Seal or Diver. 92
142+ f. United States special operations forces member. 93
143+ 4. Misrepresent by making false, fictitious, or fraudulent 94
144+statements or representations, directly or indirectly, that he 95
145+or she actively served in the Armed Forces of the United States 96
146+during a wartime era, regardless of whether there was a declared 97
147+war, or served in combat operations in a warzone, or was a 98
148+prisoner of war. 99
149+ 5. Wear the uniform or any medal or insignia authorized 100
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158158 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
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162-war, or served in combat operations in a warzone, or was a 101
163-prisoner of war. 102
164- 5. Wear the uniform or any medal or insignia authorized 103
165-for use by members or veterans of the Armed Forces of the United 104
166-States which he or she is not authorized to wear. 105
167- (b) This subsection does not prohibit individuals in the 106
168-theatrical profession from w earing such uniforms, medals, or 107
169-insignia during a performance while engaged in such profession. 108
170- (3) A candidate, an elected public officer, an appointed 109
171-public officer, or a public employee who violates subsection (2) 110
172-is subject to the penalties in s. 1 12.317. 111
173- (4) This section does not preclude prosecution of an 112
174-individual for any action under subsection (2) which is 113
175-prohibited by another law. 114
176- Section 2. Subsection (2) of section 112.317, Florida 115
177-Statutes, is amended to read: 116
178- 112.317 Penalties.— 117
179- (2)(a) In any case in which the commission finds a 118
180-violation of this part or of s. 8, Art. II of the State 119
181-Constitution and the proper disciplinary official or body under 120
182-s. 112.324 imposes a civil penalty or restitution penalty, the 121
183-Attorney General sha ll bring a civil action to recover such 122
184-penalty. No defense may be raised in the civil action to enforce 123
185-the civil penalty or order of restitution that could have been 124
186-raised by judicial review of the administrative findings and 125
162+for use by members or veterans of the Armed Forces of the United 101
163+States which he or she is not authorized to wear. 102
164+ (b) This subsection does not prohibit individuals in the 103
165+theatrical profession from wearing such uniforms, medals, or 104
166+insignia during a performance while engaged in such profession. 105
167+ (3) A candidate, an elected public officer, an appointed 106
168+public officer, or a public employee who violates subsection (2) 107
169+is subject to the penalties in s. 112.317. 108
170+ (4) This section does not preclude prosecution of an 109
171+individual for any action under subsection (2) which is 110
172+prohibited by another law. 111
173+ Section 2. Subsection (2) of section 112.317, Florida 112
174+Statutes, is amended to read: 113
175+ 112.317 Penalties.— 114
176+ (2)(a) In any case in which the commission finds a 115
177+violation of this part or of s. 8, Art. II of the State 116
178+Constitution and the proper disciplinary official or body under 117
179+s. 112.324 imposes a civil penalty or restitution penalty, the 118
180+Attorney General shall bring a civil action to recover such 119
181+penalty. No defense may be raised in the civil action to enforce 120
182+the civil penalty or order of restitution that could have been 121
183+raised by judicial review of the administrative findings and 122
184+recommendations of the commission by certiorari to the district 123
185+court of appeal. The Attorney General shall collect any costs, 124
186+attorney fees, expert witness fees, or other costs of collection 125
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195195 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
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199-recommendations of the comm ission by certiorari to the district 126
200-court of appeal. The Attorney General shall collect any costs, 127
201-attorney fees, expert witness fees, or other costs of collection 128
202-incurred in bringing the action. 129
203- (b) For the purpose of this subsection, a civil penalty or 130
204-restitution penalty is considered delinquent if the individual 131
205-has not paid such penalty within 90 days after the penalty is 132
206-imposed by the commission. Before referring a delinquent civil 133
207-penalty or restitution penalty to the Department of Financial 134
208-Services, the Attorney General shall attempt to determine 135
209-whether the individual owing such penalty is a current public 136
210-officer or current public employee, and, if so, the Attorney 137
211-General must notify the Chief Financial Officer or the governing 138
212-body of the appropriate county, municipality, school district, 139
213-or special district of the total amount of the penalty owed by 140
214-such individual. 141
215- 1. After receipt and verification of the notice from the 142
216-Attorney General, the Chief Financial Officer or the governing 143
217-body of the county, municipality, school district, or special 144
218-district shall begin withholding the lesser of 25 percent or the 145
219-maximum amount allowed under federal law from any salary -related 146
220-payment. The withheld payments must be remitted to the 147
221-commission until the fine is satisfied. 148
222- 2. The Chief Financial Officer or the governing body of 149
223-the county, municipality, school district, or special district 150
199+incurred in bringing the action. 126
200+ (b) Before referring a delinquent civil penalty or 127
201+restitution penalty to the Department of Financial Services, the 128
202+Attorney General shall attempt to determine whether the 129
203+individual owing such penalty is a current public officer or 130
204+current public employee, and, if so, the Attorney General must 131
205+notify the Chief Financial Officer or the governing body of the 132
206+appropriate county, municipality, school district, or special 133
207+district of the total amount of the penalty owed by such 134
208+individual. 135
209+ 1. After receipt and verification of the notice from the 136
210+Attorney General, the Chief Financial Officer or the governing 137
211+body of the county, municipality, school district, or special 138
212+district shall begin withholding the lesser of 25 percent or the 139
213+maximum amount allowed under federal law from any salary -related 140
214+payment. The withheld payments must be remitted to the 141
215+commission until the fine is satisfied. 142
216+ 2. The Chief Financial Officer or the gov erning body of 143
217+the county, municipality, school district, or special district 144
218+may retain an amount of each withheld payment, as provided in s. 145
219+77.0305, to cover the administrative costs incurred under this 146
220+section. 147
221+ (c) The Attorney General may refer any unpaid civil 148
222+penalty or restitution penalty to the appropriate collection 149
223+agency as directed by the Chief Financial Officer, and, except 150
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232232 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
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236-may retain an amount of each withheld payment, as provided in s. 151
237-77.0305, to cover the administrative costs incurred under this 152
238-section. 153
239- (c) The Attorney General may refer any unpaid civil 154
240-penalty or restitution penalty to the appropriate collection 155
241-agency as directed by the Chief Financial Officer, and, except 156
242-as expressly limited by this section, such collection agency may 157
243-use any collection method authorized by law. 158
244- (d) The Attorney General may take any action to collect 159
245-any unpaid civil penalty or restitution penalty imposed within 160
246-20 years after the date the civil penalty or restitution penalty 161
247-is imposed. 162
248- Section 3. This act shall take effect July 1, 2025. 163
236+as expressly limited by this section, such collection agency may 151
237+use any collection method authorized by law. 152
238+ (d) The Attorney General may take any action to collect 153
239+any unpaid civil penalty or restitution penalty imposed within 154
240+20 years after the date the civil penalty or restitution penalty 155
241+is imposed. 156
242+ Section 3. This act shall take effect July 1, 2025. 157