2024 Mid-Session Florida Ethics Legislative Report
For the Period Ending February 9, 2024
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 (Code of Ethics) and for the consideration by the Legislature. Click HERE for the Commission on Ethics’ 2024 Legislative Recommendations regarding proposed changes to the Code of Ethics.
Legislative Tracking—Summaries of all the bills impacting Florida ethics regulations are listed below:
The following is a list of bills the Florida Ethics Institute (FEI) is tracking during the 2024 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 735 – Government Accountability
General bill sponsored by Representative Robert Alexander “Alex” Andrade
➢ Now in House State Affairs Committee
➢ On 01/25/24 HB 735 with Proposed Committee Substitute (PCS) was voted favorably out of the Local Administration, Federal Affairs & Special Districts Subcommittee
- Related bill SB 734 – Government Accountability
The bill seeks to amend portions of the Code of Ethics, Part III, Ch. 112, F.S., to prohibit individuals from soliciting or accepting anything of value from a foreign country of concern. The bill seeks to adopt s. 112.3262, F.S., within the Code of Ethics to prohibit people from lobbying a county, municipality, or special district without first registering as lobbyist and establishes requirements for registration, compliance, investigations, and registration fees.
The bill also seeks to amend portions of ss. 125.73, 125.75, 166.021, and 1001.50, F.S., to prohibit entities from renewing or extending certain employment contracts during a specified timeframe. The bill seeks to amend s. 166.041, F.S., to require that only two (2) members of governing body must be physically present at meeting for quorum purposes and authorizes members to participate in deliberations of governing body through technology.
✍ NOTE: At its January 26, 2024 Meeting, the Florida Commission on Ethics’ Executive Director, Kerrie Stillman, highlighted the potential impact of HB 735 and the companion bill, SB 734, which seeks to adopt s. 112.3262, F.S., within the Code of Ethics to prohibit people from lobbying a county, municipality, or special district without first registering as lobbyists and establishes requirements for registration, compliance, investigations, and registration fees. Stillman stated that if passed, this legislation would result in the imposition of this registration requirement upon 2,500 local government entities. She further noted that the language of SB 734 requires the use of an electronic system for such registrations and provides that if a locality does not possess such an electronic system that the State Lobbyist Registration and Compensation Reporting System, currently used for the registration and compensation reporting of State lobbyists seeking to lobby the Legislature or Executive Branch agencies. She cautioned that the system was not designed for expansion and the system would have to be entirely redesigned prior to the July 1 effective date. She cautioned that this would lead to both funding and logistical issues for the Commission and for the regulation of lobbyists.
HB 1597 – Ethics
General Bill sponsored by Representative Robert Brackett
➢ Now in the House State Affairs Committee
➢ A Proposed Committee Substitute (PCS) to HB 1597 was filed on 1/22/24 and was voted favorably out of the Ethics, Elections & Open Government Subcommittee on 1/24/24
- Related bill SB 7014
The bill seeks to revise and provide requirements relating to the Code of Ethics, including lobbying by public officers, Commission on Ethics membership and procedures and timeframes for investigation & reports of complaints or referrals of violations of code.
✍ NOTE: At its meeting on January 26, 2024, the Florida Commission on Ethics voted to submit a letter to the Legislature opposing the language of HB 1597 (and the Senate companion bill SB 7014) which seeks to require “at least six members of the commission” to vote to “reject or deviate from a written recommendation of the counsel representing the commission.”
✍ NOTE: As of the date of this report, the language of CS/HB 1597 does not contain the amendment language added to the Senate companion bill SB 7014. See SB 7014 below for additional information and explanation regarding the substance of the four amendments adopted by the Senate.
HB 433 – Workplace Heat Exposure Requirements
General Bill by Representative Tiffany Esposito
➢ Now in the House State Affairs Committee
➢ 01/11/2024 voted favorably with Committee Substitute (CS) by Regulatory Reform & Economic Development Subcommittee
- Related bill SB 1492
HB 433 seeks to adopt actions preempting local heat exposure requirements and other actions by political subdivisions.
Current provisions of the Code of Ethics, s. 112.326, F.S., permit the governing body of any political subdivision to adopt, by ordinance or rule, more stringent standards of conduct and disclosure requirements than those specified in the Code of Ethics—and applicable to the public officers and/or employees of that locality.
✍ NOTE: FEI is monitoring the progress of this bill because portions the PCS added to Regulatory Reform & Economic Development Subcommittee agenda on December 6, 2023, and which failed to pass on December 13, 2023—sought to adopt s. 448.077, F.S., which would, in part, expressly preempt the “regulation of the terms and conditions of employment . . . to the state.” This broad language could negatively impact more stringent ethics and/or disclosure ordinances adopted by political subdivisions under the authority currently afforded by Code of Ethics, s. 112.326, F.S.
HB 1017 – Insurance
General Bill sponsored by Representative Jervonte Edmonds
➢ Now in the Insurance & Banking Subcommittee
- Related bill SB 102-Property Insurance
The bill seeks to create the Property Insurance Commission; provide for the election of the Commissioner of Insurance Regulation; prohibit the commissioner from engaging in certain activities or employment for a specified period after leaving office; prohibit property insurers from claiming insolvency under specified circumstances; require residential property insurers to release specified information to insureds upon request, etc.
Portions of the bill seek to amend the Code of Ethics, Part III, Ch. 112, F.S., 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.
HB 7005 – OGSR/Financial Disclosure
General Bill by Ethics, Elections & Open Government Subcommittee and Representative Jeff Holcomb
➢ 02/01/24 the bill was passed (or adopted) by unanimous vote
➢ 1/17/24 voted favorably out of State Affairs Committee by unanimous vote
- Related bill SB 7012- OGSR/Secure Login Credentials Held by the Commission on Ethics
The Open Government Sunset Review Act requires the Legislature to review each public record exemption and each public meeting exemption five years after enactment. If the Legislature does not reenact the exemption, it automatically repeals on October 2nd of the fifth year after enactment.
In order to modernize and streamline the financial disclosure filing process, a mandatory electronic filing system for financial disclosures was created in 2019 via the adoption of Code of Ethics s. 112.31446, F.S. Filers required to file full and public disclosure of their financial interests with a CE Form 6 were required to submit their disclosures electronically beginning January 1, 2023. Those required to file the less detailed disclosure of financial interests via the CE Form 1 will be required to start submitting their disclosures electronically beginning January 1, 2024.
The bill saves from repeal the public record exemptions for all secure login credentials held by the Commission for the purpose of allowing access to the electronic financial disclosure filing system, as well as information entered into the system for the purposes of making the disclosure.
HB 7029 – Florida Statutes
General Bill by Rules Committee and Representative Linda Chaney
➢ On 01/18/24 the companion, bill SB 74, was substituted for this bill, and SB 74 was passed by unanimous vote
- Related bill SB 74
The bill seeks to delete provisions that have expired, have become obsolete, have served their purpose, or have been impliedly repealed or superseded; replaces incorrect cross-references & citations; corrects grammatical, typographical, & like errors; removes inconsistencies, redundancies, & unnecessary repetition in statutes; & improves clarity of statutes & facilitating their correct interpretation.
In part, the bill seeks to clarify the language of Code of Ethics, s. 112.313(7)(a)1, F.S., containing and exemption to the conflicting employment and contractual relationships prohibition.
Florida Senate
SB 734 – Government Accountability
General Bill by Senator Blaise Ingoglia
➢ Now in Senate Appropriations committee
➢ 02/05/24 voted favorably out of Senate Ethics and Elections committee
➢ 01/29/24 voted favorably out of Senate Community Affairs committee
- Related bill CS/HB 735 Government Accountability
The bill seeks to amend portions of the Code of Ethics to prohibit individuals from soliciting or accepting anything of value from a foreign country of concern. The bill seeks to adopt s. 112.3262, F.S., within the Code of Ethics to prohibit people from lobbying a county, municipality, or special district without first registering as lobbyist; establishes requirements for registration, compliance, investigations, and registration fees; and requires a Commission on Ethics and Public Trust established by a county or municipality or the Florida Commission on Ethics to investigate a lobbyist or principal upon receipt of a sworn complaint containing allegations that a lobbyist has failed to register or submitted false information in a report or registration.
The bill also seeks to amend portions of ss. 125.75 and 166.021, F.S., to prohibit entities from renewing or extending certain employment contracts during a specified timeframe. The bill seeks to amend s. 166.041, F.S., to require that only two (2) members of governing body must be physically present at meeting for quorum purposes and authorizes members to participate in deliberations of governing body through technology.
✍ NOTE: At its January 26, 2024 Meeting, the Florida Commission on Ethics’ Executive Director highlighted the potential impact of SB 734, and the companion HB 735, which seeks to adopt s. 112.3262, F.S., within the Code of Ethics to prohibit people from lobbying a county, municipality, or special district without first registering as lobbyists and establishes requirements for registration, compliance, investigations, and registration fees. She stated that if passed, this legislation would result in the imposition of this registration requirement upon 2,500 local government entities. She further noted that the language of SB 734 requires the use of an electronic system for such registrations and provides that if a locality does not possess such an electronic system that the State Lobbyist Registration and Compensation Reporting System, currently used for the registration and compensation reporting of State lobbyists seeking to lobby the Legislature or Executive Branch agencies. She cautioned that the system was not designed for expansion and the system would have to be entirely redesigned prior to the effective date. She cautioned that this would lead to both funding and logistical issues for the Commission and for the regulation of lobbyists.
SB 7014 – Ethics
General Bill by Ethics and Elections
➢ On 02/01/24 the bill was passed (or adopted) as amended by the Senate by unanimous vote
➢ On 01/31/24 four amendments were filed by Senator Burgess. All four amendments were adopted by the Senate on 02/01/24 including:
o Amendment No. 170806 seeking to amend the Code of Ethics, financial disclosure laws ss. 112.3144 and 112.3145, F.S., pertaining to the portions of the Form 1, “Statement of Financial Interests” and Form 6, “Full and Public Disclosure of Financial Interests,” requiring the disclosure of major clients of businesses that the filer owns in the Secondary Sources of Income disclosure section to include an exemption for the disclosures of attorney filers and others subject to a client confidentiality requirements to allow them “write “Legal Client” in the disclosure fields without providing further information.”
o Amendment No. 932020 seeking to amend the Code of Ethics’ statute governing the Florida Commission on Ethics’ ethics complaint process, s. 112.324, F.S., to require that ethics complaints and concomitant ethics investigations can only occur in the presence of a sworn complaint “which is based upon personal knowledge or information other than hearsay”.
o Amendment No. 562898 seeking to amend the Code of Ethics, s. 112.324, F.S., to require that the Commission may only deviate or reject the written recommendation of its counsel via a two-thirds majority vote.
o Amendment No. 317468 seeking to amend the provisions of the Code of Ethics, s. 112.326, F.S., which allow political subdivisions of the State (such as cities and counties) to adopt more stringent ethics requirements (via ordinance or rule) than those set forth in the State ethics laws—to prevent local ethics commissions from self-initiating any ethics compliant investigations; requiring that local ethics investigations can only occur as a result of written, sworn complaints “based upon personal knowledge or information other than hearsay”; and requiring the establishment of a process for the recovery of attorney’s fees and costs by public officials that have had ethics complaints “based on malicious intent” filed against them.
➢ On 01/10/24 Amendment No. 45261 was voted favorably out of the Rules Committee by unanimous vote.
➢ On 01/09/24 Amendment No. 451260 was filed by Senator Burgess.
- Related bill HB 1597 – Ethics
The bill seeks to revise and provide requirements relating to the Code of Ethics, including lobbying by public officers, Commission on Ethics membership, & procedures & timeframes for investigation & reports of complaints or referrals of ethics violations.
✍ NOTE: Portions of this bill, as well as the amendments thereto, have been opposed by the Florida Commission on Ethics, as well as current and former ethics commission members who have expressed concerns that this bill could undermine the ethics investigation process on both the State and local levels of government.
SB 74 – Florida Statutes
General Bill by Senator D ebbie Mayfield
➢ SB 74 was passed by unanimous vote on 01/18/24. On 02/08/24 the bill was presented to the Governor for signature
- Related bill HB 7029
The bill seeks to delete provisions that have expired, have become obsolete, have served their purpose, or have been impliedly repealed or superseded; replaces incorrect cross-references & citations; corrects grammatical, typographical, & like errors; removes inconsistencies, redundancies, & unnecessary repetition in statutes; & improves clarity of statutes & facilitating their correct interpretation.
In part, the bill seeks to clarify the language of Code of Ethics, s. 112.313(7)(a)1, F.S., containing and exemption to the conflicting employment and contractual relationships prohibition.
SB 102 – Property Insurance
General Bill sponsored by Senator Shevrin D. “Shev” Jones
➢ The bill had been referred to Banking and Insurance; Ethics and Elections; Appropriations Committees
- Related bill HB 1017-Property Insurance
The bill seeks to create the Property Insurance Commission; provide for the election of the Commissioner of Insurance Regulation; prohibit the commissioner from engaging in certain activities or employment for a specified period after leaving office; prohibit property insurers from claiming insolvency under specified circumstances; require residential property insurers to release specified information to insureds upon request, etc.
Portions of the bill seek 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.
SB 7012 – OGSR/Secure Login Credentials Held by the Commission on Ethics
General Bill by Ethics and Elections
➢ On 02/01/24 was substituted for HB 7005 and on the same day HB 7005 was passed by unanimous vote
➢ 01/24/24 was voted favorably out of the Senate Rules Committee by unanimous vote
➢ 12/13/23 the bill was reported favorably out of the Ethics and Elections Committee
- Related bill HB 7005 – OGSR/Financial Disclosure
The bill seeks to preserve from repeal current public records exemptions protecting the disclosure of secure login credentials held by the Commission on Ethics and certain information entered into the electronic filing system for financial disclosures.