Pre-Session Florida Ethics Legislative Report
Legislative Tracking
The following is a list of bills the Florida Ethics Institute is tracking during the 2023 legislative session. The selected bills have ethics law implications in Florida. The bills identified are divided into those proposed in the Florida House of Representatives and the Florida Senate.
Florida House of Representatives
HB 37 – Financial Disclosure for Elected Local Officers
The bill sponsor is Representatives Roach. The bill has been co-sponsored by Representatives Chaney and Giallombardo.
The bill amends portions of Code of Ethics requirements involving financial disclosure applicable to certain local officers. The bill amends portions of the Code of Ethics, s. 112.3144, F.S., to require specified local officers including mayors, elected members of the governing body of a municipality, as well as county and municipal managers to file a “Full and Public Disclosure of Financial Interests.” The bill also amends the definition of “local officer” contained in s. 112.3145, F.S., of the Code of Ethics to exclude certain specified local officers (including mayors and elected members of the governing body of a municipality) currently required to file the more limited “Statement of Financial Interests” in favor of making these types of public officers file the more stringent, “Full and Public Disclosure of Financial Interests” as required by s. 112.3144, F.S.
HB-199 Conflicting Employment or Contractual Relationships for Public Officers or Employees
The bill sponsor is Representative Hunschofsky. The bill has been co-sponsored by Representative Daley.
The bill amends portions of the Code of Ethics, s. 112.313(7)(a), F.S., (which prohibit public officers and employees from having certain conflicting employment or contractual relationships) to delete an exemption contained in s. 112.313(7)(a)(1), F.S., which permits officers and employees of certain Special Taxing Districts and Water Control Districts to engage in employment or contractual relationships with agencies or business entities that are subject to the regulation of, or doing business with, their agency. Thus, if passed, this bill would effectively close a legal loophole used by some public officials and employees of these types of agencies which has enabled them to do business with entities that are subject to the regulation of, or doing business with, their own agency.
The bill is identical to SB 620.
HB 487 – Department of Financial Services
The bill sponsor is Representative Salzman.
The bill pertains largely to the Department of Financial Services (DFS) and removes provisions prohibiting individuals holding specified insurance licenses from holding certain other insurance licenses; provides disposition of funds received by title insurance agencies & funds required to be maintained in escrow trust accounts; exempts appointed public adjusters from certain insurance activities’ prohibitions; requires navigators’ registrations to expire under certain circumstances; prohibits insurers & insurance agents from engaging in specified practices relating to collateral protection property insurance; removes certain financial requirements for warranty associations & parent corporations; prohibits department from issuing temporary bail bond agent’s licenses; specifies procedures for remission of forfeitures of deceased defendants; specifies procedures for remission of forfeitures of defendants for whom state is unwilling to seek extradition.
Portions of the bill define the agency of certain boards and commissions associated with the DFS and makes their members subject to the Code of Ethics, including the financial disclosure requirements contained within s. 112.3145, F.S. The bill provides for the existence of additional voting and gifts restrictions applicable to members of certain boards and commissions, which apply in addition to the requirements of s. 112.3143(2) and 112.3148, F.S., respectively.
Florida Senate
SB 620 – Conflicting Employment or Contractual Relationships for Public Officers or Employees
The bill sponsor is Senator DiCeglie and is co-introduced by Senator Yarborough.
The bill amends portions of the Code of Ethics, s. 112.313(7)(a), F.S., to delete an exemption contained in s. 112.313(7)(a)(1), F.S., which permits officers and employees of certain Special Taxing Districts and Water Control Districts to engage in employment or contractual relationships with agencies or business entities that are subject to the regulation of, or doing business with, their agency.
The bill is identical to HB 199.
SB 774 – Financial Disclosures for Local Officers
The bill sponsor is Senator Brodeur.
The bill amends portions of the Code of Ethics, s. 112.3144, F.S., to require specified local officers including mayors, city commissioners, elected members of the governing body of a city, town, or village (such as city/town/village councils) and city/county/town/village managers to file a “Full and Public Disclosure of Financial Interests.” The bill also amends the definition of “local officer” contained in s. 112.3145, F.S., of the Code of Ethics to exclude certain specified local officers (including mayors, city commissioners, and elected members of the governing body of a city/town/village) currently required to file the more limited “Statement of Financial Interests” in favor of making these types of public officers file the more stringent, “Full and Public Disclosure of Financial Interests” as required by s. 112.3144, F.S.
SB 1158 – Department of Financial Services
The bill sponsor is Senator DiCeglie.
The bill pertains largely to the Department of Financial Services (DFS) and revises the powers and duties of the department’s Division of Investigative and Forensic Services; deleting a requirement for the Department of Children and Families and the community-based care lead agency to provide certain financial literacy curriculum information to certain youth; revising conditions for a nonprofit religious organization to be exempt from requirements of the Florida Insurance Code; adding violations for which the department may pay rewards under the Anti-Fraud Reward Program; authorizing the Division of State Fire Marshal to establish a direct-support organization; specifying requirements and procedures for the licensure of nonresident sales representatives for home warranty associations, etc.
Portions of the bill define the agency of certain boards and commissions associated with the DFS and makes their members subject to the Code of Ethics, including the financial disclosure requirements contained within s. 112.3145, F.S. The bill provides for the existence of additional voting and gifts restrictions applicable to members of certain boards and commissions, which apply in addition to the requirements of s. 112.3143(2) and 112.3148, F.S., respectively.
SB 1316 – Information Dissemination
The bill sponsor is Senator Brodeur.
The bill deletes a provision requiring judicial notice of sale to be published for a specified timeframe on a publicly accessible website and specifies that a governmental agency may use the public website of a county to publish legally required advertisements and public notices if the cost for such publication is not paid by or recovered from a person.
Portions of the bill seek to enact s. 286.31, F.S., which would require paid bloggers who post about “elected state officers” (which is defined to include the Governor, Lieutenant Governor, as well as any member of the Cabinet or Legislature) to register with the Office of Legislative Services (if the blog post is about a member of the Legislature) or the Florida Commission on Ethics (if the blog post is about a member of the Executive Branch)—within five (5) days of the first post blogging about the elected state officer. After registering, the bill requires that bloggers file monthly reports disclosing compensation received for blogging. The bill also provides for automatic fines of $25 per day up to $2,500 for failure to timely file compensation reports.
Florida Commission on Ethics’ Legislative Proposals for 2023
Each year the Florida Commission on Ethics adopts legislative proposals for the Code of Ethics for Public Officers and Employees (Code of Ethics). For 2023, the Commission on Ethics made the following recommendations regarding legislative changes to the Code of Ethics.
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