2024 Post-Session Florida Ethics Legislative Report

2024 Post-Session Florida Ethics Legislative Report

 

 

 

For the Regular Legislative Session Ending March 8, 2024.
Florida Senate Declines to Confirm Descovich and Figgers to Florida Commission on Ethics

During the Regular Session the Senate declined to confirm the gubernatorial nominations of Tina Descovich and Freddie Figgers to the Florida Commission on Ethics (Commission), positions which require Senate confirmation. Figgers was appointed to serve on the Commission by Governor DeSantis on July 27, 2023, while Descovich was appointed on September 6 of the same year.

 

The Senate did confirm the appointments of Commission board members Ashley Lukis, who currently serves as Chair of the Commission, and Luis M. Fuste.

Legislative Tracking—Summaries of bills impacting Florida ethics regulations are listed below:

Ethics (SB 7014): PASSED

On June 21, 2024, SB 7014 was signed into law by the Governor. The bill creates a number of timeframes for completion of specific steps of the ethics process conducted by the state Florida Commission on Ethics (Commission) when investigating alleged ethics violations. The bill also requires that at least two-thirds of commission members present at a meeting must vote to reject or deviate from a stipulation or settlement that is recommended by the counsel representing the Commission. The bill’s provisions related to investigations conducted by the Commission take effect October 1, 2024.

 

Additional portions of the bill, which become effective upon becoming a law:

 

  • Require that ethics complaints must be based upon “personal knowledge or information other than hearsay.”
  •  Provide that terms of Commission members are limited to two terms.
  • Creates an exception for attorneys who are public servants required to file financial disclosure via Form 1 or Form 6 enabling them to satisfy the Secondary Sources of Income disclosure section by writing “Legal Client” in the disclosure fields without providing any further information. 
  • Requires all local political subdivisions, including local ethics commissions, to:

o Require that ethics complaints must be written and signed under oath or affirmation;

o Require that ethics complaint must be based upon personal knowledge or information other than hearsay;

o Prohibit self-initiation of complaints; and

o Authorize recovery of costs and attorney fees incurred in defending against a maliciously filed complaint.

 

A full summary of the bill many be viewed here.


Complaints Against Law Enforcement and Correctional Officers (HB 601): PASSED

This bill seeks to preempt the regulation of complaints against law enforcement and correctional officers to the State. Portions of the bill seek to prohibit political subdivisions (which includes local ethics commissions) from investigating ethics complaints filed against law enforcement and correctional officers alleging unethical conduct. This bill was approved by the Governor on April 12.

OGSR/Secure Login Credentials Held by the Commission on Ethics (HB 7005): PASSED

The bill saves from repeal public record exemptions for secure login credentials held by the Commission for the purpose of allowing access to the electronic financial disclosure filing system. This bill was signed into law on March 22 and will become effective on October 1, 2024. See Ch. No. 2024-40.

Florida Statutes (SB 74): PASSED

Portions of the bill clarify the language of Code of Ethics, s. 112.313(7)(a)1, F.S., containing an exemption to the conflicting employment and contractual relationships prohibition. This bill was signed into law on February 15, 2024. See Chapter No. 2024-2.

Article V Convention Bills (HCR 703, HCR 693, HCR 7055, and HCR 7057): PASSED

These bills/resolutions seek to reiterate Florida’s existing calls to the U.S. Congress for an Article V Convention that would open the U.S. Constitution and Bill of Rights up to revision.

Government Accountability (SB 734/HB 735): FAILED

This bill sought to introduce a requirement that lobbyists of political subdivisions must first register with the Commission on Ethics prior to engaging in lobbying cities, counties, and special districts. This legislation was opposed by the Commission on Ethics.

Insurance (SB 102/HB 1017): FAILED

Portions of the bill sought to amend the Code of Ethics through the creation of s. 112.3134, F.S., setting forth current and post-office-holding restrictions applicable to the position of Commissioner of Insurance Regulation.

2024 Florida Commission on Ethics’ Legislative Recommendations

Each year the Florida Commission on Ethics adopts Legislative Recommendations to strengthen and streamline the Code of Ethics for Public Officers and Employees and for the consideration by the Legislature. Click here for the Commission on Ethics’ 2024 Legislative Recommendations.