Florida Ethics Institute

Florida Ethics Legislative Report: Week Two

For Period Ending March 19, 2023

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 has been co-sponsored by Representatives Roach, Chaney, and Giallombardo.

On March 15, 2023, HB 37 went before the House Local Administration, Federal Affairs & Special Districts Subcommittee. Representative Roach filed Amendment No. 960879 on March 15, 2023, which was withdrawn at the meeting.
On March 15, 2023, HB 37 was reported favorably by the House Local Administration, Federal Affairs & Special Districts Subcommittee.
◇ HB 37 contains one of the Commission on Ethics’ Legislative Recommendations which the agency has sought for years.
▷The bill is now in the House State Affairs Committee.

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 has been co-sponsored by Representatives Hunschofsky and Daley.

On March 10, 2023, a Proposed Committee Substitute (PCS) for HB 199 was filed.
On March 14, 2023, a Committee Substitute (CS) for HB 199 was filed.
On March 14, 2023, the amended HB 199 was reported favorably by the Ethics, Elections & Open Government Subcommittee.
▷ The bill has been referred to the House State Affairs Committee.

The amended bill provides that rather than deleting the exemption contained in Code of Ethics, s. 112.313(7)(a)1, F.S., (as proposed in the original bill) the new language seeks to amend the exemption contained in s. 112.313(7)(a)1, F.S., permitting officers and employees of certain Special Taxing Districts and Water Control Districts to engage in otherwise conflicting employment or contractual relationships with agencies or business entities that are subject to the regulation of, or doing business with, their agency, to clarify that conduct that violates s. 112.313(6), regarding misuse of public position, and conduct that violates s. 112.313(8), regarding disclosure or use of certain information, would be deemed a conflict of interest.

The bill further seeks to amend Code of Ethics, s. 112.3142, F.S., (requiring annual ethics training for certain public officials) to require elected local officers of independent special districts to receive annual ethics education and specifies the requirements of such training.

Companion to SB 620

HB 487 – Department of Financial Services

The bill sponsor is Representative Salzman.

▷ The bill is now in House Insurance & Banking Subcommittee where it is scheduled to be heard during the meeting on March 21, 2023, 11:30 a.m. at Morris Hall.

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.

Similar to SB 1158.

Florida Senate

SB 620 – Conflicting Employment or Contractual Relationships for Public Officers or Employees

The bill has been co-sponsored by Senators DiCeglie and Yarborough.

On March 13, 2023, Amendment No. 127342 was filed.
On March 14, 2023, the amended CS/SB 620 was reported favorably by the Senate Ethics & Elections Committee by unanimous vote.
▷ The bill is now in Senate Governmental Oversight and Accountability.

Rather than deleting the exemption contained in Code of Ethics, s. 112.313(7)(a)1, F.S., (as proposed in the original bill) the bill now seeks to amend the exemption permitting officers and employees of certain Special Taxing Districts and Water Control Districts to engage in otherwise conflicting employment or contractual relationships with agencies or business entities that are subject to the regulation of, or doing business with, their agency, to clarify that conduct that violates s.112.313(6), regarding misuse of public position, and conduct that violates s. 112.313(8), regarding disclosure or use of certain information, would be deemed a conflict of interest.

Companion to HB 199.

SB 774 – Financial Disclosures for Local Officers

The bill sponsor is Senator Brodeur.

On March 13, 2023, Proposed Committee Substitute (PCS) No. 606398 was filed.
On March 14, 2023, the amended CS/SB 774 was reported favorably by the Senate Ethics & Elections Committee.
◇ The amended bill CS/SB 774 contains four of the Commission on Ethics’ Legislative Recommendations which the agency has sought for years.
▷ The bill is now in Senate Rules.

The amended bill seeks to modify portions of the Elections Code, s. 99.061, F.S., (governing the method of qualifying for nomination or election to federal, state, county, or district office) to permit candidates required to file full and public disclosure of financial interests at the time of qualifying to file a verification or receipt of electronic filing.

The bill amends portions of the Code of Ethics, s. 112.3142(2)(e), F.S., to clarify that commissioners of Community Redevelopment Agencies (CRA) assuming a new office or new term of office after March 31 are not required to complete ethics training for the calendar year in which their term of office began.

The bill also reenacts and amends Code of Ethics, s. 112.3144, F.S., to require specified local officers (mayors and members of the governing body of a municipality) to file a Full and Public Disclosure of Financial Interests; requiring the commission on ethics (via the electronic financial disclosure filing system) to accept federal income tax returns, financial statements, and other forms or attachments showing sources of income for a specified purpose; deleting the prohibition on including a federal income tax return or a copy thereof for certain filings; requiring the commission to allow a filer to include attachments and other supporting documentation with his or her disclosure; revising the notice the commission sends to specified persons; requiring that disclosure statements be filed using the commission’s electronic filing system; deleting provisions relating to financial statements filed by mail; revising a provision requiring the commission to adopt a specified rule; requiring an individual appointed to replace an elected local officer who leaves office before the end of his or her term to file a full and public disclosure of financial interests within 30 days after his or her appointment and annually for the remainder of his or her term in office.

The bill also amends portions of Code of Ethics, s. 112.31445, F.S.; requiring the commission to publish a specified notice on the electronic filing system for the disclosure of financial interests—instructing filers to redact a social security number; a bank, mortgage, or brokerage account number, a debit, charge, or credit card number, a personal identification number, or a taxpayer identification number in their filings. The bill also amends s. 112.31445, F.S., requiring that the electronic filing system allow a filer to include attachments and other supporting documentation when submitting a disclosure through the system.

The bill amends portions of Code of Ethics, s. 112.31446, F.S., requiring that the electronic filing system allow a filer to submit attachments and other supporting documentation when a disclosure is filed.

The bill also reenacts and amends portions of Code of Ethics, s. 112.3145, F.S., deleting a prohibition on including a federal income tax return or copy thereof in a financial disclosure; deleting a provision requiring specified local officers to file reports with the supervisor of elections of the officer’s county of principal employment or residence; requiring local officers to file their quarterly reports of the names of clients they represent for a fee or commission with the commission; deleting a provision requiring the commission to provide a specified list to the supervisors of elections; requiring the commission to allow a filer to include attachments or other documentation when filing a disclosure; deleting a provision requiring supervisors of elections to receive and provide notice of delinquencies of the disclosure of financial interests; requiring the commission to provide a certain notice by e-mail, beginning on a specified date (January 1, 2024); providing that, beginning on a specified date, paper forms will no longer be provided; requiring the commission to determine which persons have not submitted a required disclosure within a specified timeframe; requiring the commission to send periodic specified notices to such persons; requiring that disclosure statements be filed using the electronic filing system, beginning on a specified date (January 1, 2024); revising the criteria for a rule that the commission must adopt regarding the electronic filing of disclosure statements; and requiring the commission to determine the amount of fines for all delinquent filers, beginning on a specified date; conforming provisions to changes made by the act.

The bill amends portions of Code of Ethics, s. 112.317, F.S. (governing penalties), increasing the maximum civil penalty allowed for ethics violations from $10,000 to $20,000.

The bill amends portions of Code of Ethics, s. 112.3215, F.S., (governing lobbying before the executive branch) revising lobbying investigation requirements applicable to random audits of lobbying reports; authorizing the commission to dismiss certain complaints and investigations which resulted from a random audit of lobbying reports if it determines that the public interest is not served by proceeding further; and requiring the commission to issue a specified public report if it dismisses such a complaint or investigation resulting from a random audit of lobbying reports.

The bill amends portions of Code of Ethics, s. amending s. 112.324, F.S., (governing procedure on ethics complaints and referrals) authorizing the commission to dismiss financial disclosure complaints or referrals alleging de minimis violations; authorizing the commission to dismiss proceedings brought under s. 112.3215 at any stage of disposition if it determines that the public interest would not be served by proceeding further.

Similar to HB 37.

SB 1158 – Department of Financial Services

The bill sponsor is Senator DiCeglie.

▷ The bill is now in Senate Banking and Insurance where it has been scheduled to be heard on March 22, 2023, at 11:00 a.m., 412 Knott Building.

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.

Similar to HB 487

SB 1316 – Information Dissemination

The bill sponsor is Senator Brodeur.

▷ The bill has been referred to Senate Judiciary Committee, Appropriations Committee on Criminal and Civil Justice, as well as Fiscal Policy.

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.

Florida Ethics Update: Commission on Ethics Determinations—March Meeting

March 16, 2023

By Caroline Klancke, Esq., Florida Ethics Institute.

During its meeting on Friday, March 10, 2023, the Florida Commission on Ethics, the constitutionally created independent agency tasked with interpreting and enforcing the State’s ethics laws, took action on a myriad of matters involving the Code of Ethics for Public Officers and Employees (Code of Ethics) and the “Ethics in Government” amendment to the State constitution (Art. II, s. 8, Fla. Const.).

Public Session

During its public session meeting, the Commission considered a settlement agreement entered into between the Commission’s Advocate and Jacksonville City Council member Keith Doherty. The Commission approved and adopted the settlement, finding that Mr. Doherty failed to disclose businesses in which he served as an officer, director or proprietor, agent, or owned a material interest, on his 2015 and 2016 “Statement of Financial Interest” disclosures. A civil penalty of $500 was recommended to the Governor for imposition.

The Commission granted the Advocate’s Motion to Dismiss a complaint filed against former Commissioner of Agriculture and Consumer Services and gubernatorial candidate, Nikki Fried, citing a “lack of evidence to proceed.” More information regarding the dismissal is available in FEI’s article here.

The Commission also adopted two advisory opinions providing guidance to public officers. In the first advisory opinion, the Commission found that a City Commissioner would have a prohibited conflict of interest if she were to receive funds from the City’s property improvement grant program that she helped to create in her public capacity.

In another opinion, the Commission provided guidance to a member of the West Villages Improvement District Board of Supervisors who also serves—in his private capacity—as a member and officer of his Property Owners Association. The Commission found there would be a prohibited conflict of interest or a conflicting employment or contractual relationship by the member being involved in a lawsuit where he has roles on both sides of the lawsuit. Voting conflict guidance also was provided to the member.

Executive Session

During its closed session meeting (wherein confidential and exempt matters are addressed) the Commission took action on 36 matters. Nine of those matters were considered for probable cause. In a press release issued on March 15, 2023, the Commission issued the following findings.

The Commission considered a complaint filed against Osceola High School teacher David Martinez and found that there was no probable cause to believe Mr. Martinez abused his position to obtain a disproportionate benefit or that he misused his position when he transported students in the ESE/Transition program to his residence to teach them how to use yard equipment.

The Commission considered a complaint filed against Richard Raul Feller, a Volusia County Planning and Land Development Regulation Commissioner, and found no probable cause to believe he violated Florida’s financial disclosure laws by failing to disclose a federal tax lien, that had not been reduced to a judgment, on his 2020 “Statement of Financial Interest” disclosure form.

The Commission considered a complaint filed against former Florida Department of Agriculture and Consumer Services Director of Cannabis, Holly Bell, and found no probable cause to believe she violated the state’s financial disclosure laws by failing to file her “Final Statement of Financial Interests” form within 60 days of leaving her public position.

The Commission considered a complaint filed against Town of White Springs Council member, Mary Berry, and found no probable cause to believe she abused her public position to obtain a disproportionate benefit or that she misused her position regarding the development of an ordinance allowing internet café gambling. Similarly, no probable cause was found to believe she had a conflicting employment or contractual relationship or that she had a voting conflict when she voted on the ordinance.

The Commission considered a complaint filed against Levy County Commissioner, John Meeks, and found probable cause to believe he had a voting conflict that would inure to the special private gain or loss of his business and that he failed to announce the nature of his conflict when he abstained from voting on measures and voted on consent agenda items that inured to the special private gain or loss of his hardware store. However, the Commission voted that no further action would be taken due to the particular circumstances of the matter.

A self-initiated investigation – required by statute – was considered by the Commission to determine if Earl Eugene Ketring, as a member of the Taylor County Planning Board, willfully failed to timely file his 2018 and 2019 “Statement of Financial Interests” disclosure forms, and a finding of no probable cause resulted.

In another self-initiated investigation—required by statute—involving Paul Chestnut, a member of the Flagler Beach Planning and Architectural Review Board, the Commission found no probable cause to believe he had willfully failed to timely file his 2018 “Statement of Financial Interests” disclosure form.

Similarly, the Commission found no probable cause to believe that Toshmon D. Stevens, as a Department of Corrections Assistant Detention Center Superintendent, willfully failed to timely file his 2018 “Statement of Financial Interests” disclosure form.

However, in another self-initiated investigation – required by statute – probable cause was found to believe John Polinsky, who serves on the Dorcas Fire District Board of Commissioners and is the District Fire Chief, willfully failed to file his 2018 “Statement of Financial Interests” disclosure form.

The Commission also reviewed and dismissed 27 ethics complaints for lacking legal sufficiency. These reviews are limited to questions of jurisdiction and determinations as to whether the contents of the complaint are adequate to allege a violation of the Code of Ethics or other laws within the Commission’s jurisdiction.

Florida Ethics Update: Commission on Ethics Dismisses Ethics Charges Brought Against Former Ag Commissioner Nikki Fried

March 10, 2023

Nikki Fried [News Service of Florida]

By Caroline Klancke, Esq., Florida Ethics Institute.

During its public session meeting on March 10, 2023, the Florida Commission on Ethics, the constitutionally created independent agency tasked with interpreting and enforcing the State’s ethics laws, approved a Motion to Dismiss Complaint, filed by Elizabeth Miller, an attorney who serves as Advocate for the Commission, thereby dismissing the ethics complaint filed against former Agriculture Commissioner and gubernatorial candidate, Nikki Fried, which alleged that she violated a state financial disclosure law.

The Commission conducted an investigation of the allegations that Fried violated state law by failing to properly disclose personal income information on her 2017 and 2018 financial disclosure filings after an ethics complaint was filed against Fried on June 4, 2021. Following a determination of probable cause by the Commission at its December 3, 2021, meeting the matter was referred to the Division of Administrative Hearings (DOAH) for a full administrative hearing.

The Motion to Dismiss Complaint approved by the Commission today cited to affidavits from her accountant and election attorney who helped prepare the financial-disclosure forms showing her income in 2017 and 2018. The affidavits indicated that Fried reasonably relied on the information she had available to her at the time her filings were completed and the expert preparation and advice of her attorney and accountant in the preparation of her filings. In light of this information, the motion requested that the Ethics Commission dismiss the ethics complaint against Fried at its March 10 meeting based upon a “lack of evidence to proceed.”

During the deliberations at the March 10 Commission meeting, Mrs. Miller explained that Fried’s 2017 and 2018 financial disclosure filings were called into question after she filed numerous amendments to report income from Igniting Florida, LLC, which had been listed as a source of income on all of her filings. She noted that according to Fried’s accountant and election attorney, Fried’s 2017 and 2018 filings disclosed “an accurate snapshot” of Fried’s income from Igniting Florida. However, when additional financial income was received by Fried, she acted proactively to disclose, via amendments to her original filings, additional information gleaned regarding income received. Miller further noted that the amendments “were voluntarily filed and were not the result of a complaint.” Miller stated that there was no evidence that Fried had engaged in faulty bookkeeping or that she had tried to conceal income from public disclosure. Rather, Miller stated that the most plausible reason for the amendments were to accurately disclose additional information received after the 2017 and 2018 filings had been made.

Fried’s attorney Benedict Kuehne, stated at the March 10th meeting that additional discovery conducted in preparation for the DOAH hearing confirmed that Fried had accurately disclosed her income in her 2017 and 2018 filings based upon information she had received from Igniting Florida at the time. However, Kuehne further explained that amendments to those filings were voluntarily filed by Fried after Igniting Florida issued corporate financial restatements.

The dismissal of the ethics complaint was approved by the Commission by a 7 to 1 vote.

Florida Ethics Update: Federal Judge Blocks Part of Ban Prohibiting Public Officers from Lobbying While in Office

Florida Ethics Update: Federal Judge Blocks Part of Ban Prohibiting Public Officers from Lobbying While in Office.

Image from the State Library and Archives of Florida

By Caroline Klancke, Esq., Florida Ethics Institute.

U.S. District Judge Beth Bloom issued a preliminary injunction against part of a Florida lobbying ban, which became effective on December 31, 2022, that prohibits “public officers” from lobbying for pay during their term of office on issues of “policy, appropriations, or procurement” before the federal government, the legislature, any state government body or agency, or any political subdivision of the state.

The judge let stand the other portion of the constitutional anti-lobbying ban, which prohibits public officers from lobbying for a period of six years after leaving public office.

The lobbying prohibitions are contained in a recent constitutional amendment to Art. II, s. 8, of the Florida Constitution, which was overwhelming approved by Florida voters in 2018 and enacted through the passage of laws adopted by the Legislature in 2022. The anti-lobbying amendment applies expansively to all “public officers” which is defined to include not only statewide elected officers and executive branch agency heads but also local officials including county commissioners, city council members, mayors, school board members, school superintendents, and others.

Both portions of the lobbying ban were challenged in a lawsuit brought by county commissioners and a mayor alleging that the anti-lobbying amendment and implementing statutes violated their “core First Amendment rights of free speech, freedom of association, and the right to petition the government for redress of grievances.” Attorneys for the Commission on Ethics arguing in favor of the constitutionality of the anti-lobbying amendment stated that the restrictions serve to “nail shut the ‘revolving door’ between public office and private lobbying,” and to “prevent quid pro quo corruption.” With respect to the portions of the amendment prohibiting lobbying while in office, Commission attorneys argued that “[a]llowing a currently serving public officer to receive compensation for lobbying for the very interests he is tasked with governing invites quid pro quo corruption.”

However, in issuing a preliminary injunction regarding the portion of the ban prohibiting lobbying while in office, the judge reasoned that the in-office restrictions “are unlikely to survive because they are overbroad, underinclusive, and they inexplicably ‘single out’ the three issues of policy, appropriations, and procurement, ‘for differential treatment.’” The judge further opined that as such “content-based restrictions of speech” are presumptively unconstitutional—the challengers were likely to succeed on the merits of their challenge to the in-office lobbying restrictions at trial.

The trial on the matter is set for August. The injunction on the in-office lobbying restriction remains in effect during the pendency of the lawsuit and until further order of the court.

Pre-Session Florida Ethics Legislative Report

Legislative Tracking

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.

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.

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.

SB 1316 – Information Dissemination

The bill sponsor is Senator Brodeur.

Florida Commission on Ethics’ Legislative Proposals for 2023

Article: Florida Ethics Institute brings ethics training to the public

Caroline Klancke, FEI Executive Director

February 28, 2023

The Florida Ethics Institute is pleased to be profiled in an article published today by the Florida Center for Government Accountability. The article titled “Florida Ethics Institute brings ethics training to the public” written by FLCGA News journalist, Rebecca Holcomb, highlights FEI’s mission to advanced the cause of ethics in government through education and focuses on the experience and passion of its founder and Executive Director, Caroline Klancke. Read more at FLCGA News…

Florida Commission on Ethics to Consider Dismissal of Ethics Charges Brought Against Former Agriculture Commissioner Nikki Fried

Nikki Fried [Photo coutesy of News Service of Florida]

By Caroline Klancke, Florida Ethics Institute.

During its public session meeting on March 10, 2023, the Florida Commission on Ethics, will consider a Motion to Dismiss Complaint filed by attorney Elizabeth Miller, who serves as an advocate for the commission, which requests the dismissal of the ethics complaint filed against former Agriculture Commissioner and gubernatorial candidate, Nikki Fried, which alleged that she violated state law by failing to properly disclose personal financial information on her 2017 and 2018 financial disclosure filings.

The Commission conducted an investigation of the allegations after an ethics complaint was filed against Fried on June 4, 2021. The complaint arose after Fried filed amended financial-disclosure forms that showed substantially more income in 2017 and 2018 than had been previously reported. At its meeting on December 3, 2021, the Commission found probable cause to be believe that Fried had violated financial disclosure laws within the Code of Ethics, which require certain public officers and candidates to file full and public disclosure of their personal financial interests, by failing to accurately disclose her income in her 2017 and 2018 filings, and the matter was referred to the Division of Administrative Hearings for a full administrative hearing.

The motion to dismiss the complaint cites to affidavits from Fried, her Certified Public Accountant, Jeffrey Stern, and election attorney, Jason Blank, who helped prepare financial-disclosure forms showing her income in 2017 and 2018.

Notably, in his affidavit Mr. Stern swore at the time of the filings he provided up-to-date financial information to Fried’s attorney who prepared the financial disclosure filings. After reviewing the complaint Mr. Stern stated that in his studied opinion it “is inaccurate because Commissioner Fried reasonably relied on all the information she had available to her at the time” her 2017 and 2018 financial disclosure filings were completed. Regarding the amended forms, Mr. Stern explained that upon receiving further information germane to the Fried’s income, and not received prior to the filing of the respective financial disclosure forms, Mr. Stern worked with Ms. Fried and her election attorney to actively file amendments to the forms to reflect the more accurate income information. Further, Fried’s election attorney confirmed in his affidavit that Ms. Fried had signed the financial disclosure documents in reliance on his expert preparation and advice.

The motion also cites to a “Safe Harbor” provision of financial disclosure law which permits an attorney or CPA to prepare a financial disclosure filer’s form and provides that if the attorney or CPA signs the completed financial disclosure filing thereby indicating that the filing is true and correct based upon their reasonable knowledge and belief, the failure of the attorney or CPA to accurately transcribe the information provided by the filing individual does not constitute a violation of the financial disclosure requirements of the Code of Ethics.

In light of this information, the motion requests that the Ethics Commission dismiss the ethics complaint against Fried at its March 10 meeting based upon a “lack of evidence to proceed.”

The Florida Open Government & Ethics Seminar-Registration Open!

Florida Open Government & Ethics Seminar

Thursday, March 2, 2023 | 1:00 p.m.-5:00 p.m.
Center for Translational Behavioral Science
located at 2010 Levy Ave., Bldg. A, Room 120 Tallahassee, FL 32310

The seminar has been approved for 5.0 hours of CLE credits by the Florida Bar (5.0 hours General; 3.5 hours Ethics; & 0.5 Technology)

If you are a public official, public employee, citizen access advocate, or lawyer working in the areas of government or media law, this seminar is for you! The Seminar will be led by Barbara Petersen and Caroline Klancke, two attorney educators with more than 40 years of combined open government and ethics experience. The Seminar will provide attendees with a rigorous but accessible education regarding Florida’s Public Records Law (Ch. 119, F.S.), Sunshine Law (Ch. 286, F.S.), and Ethics Laws (Art. II, s. 8, Fla. Const., and Part III, Ch. 112, F.S.).

The Florida Ethics Institute Advances Ethics in Government Through Publication of the Florida Ethics Law Handbook

The Florida Ethics Institute (FEI) is excited to announce the publication of “The Florida Ethics Law Handbook: A Practitioner’s Guide to the Code of Ethics for Public Officers and Employees” the first comprehensive guide to ethics laws in Florida. The Florida Ethics Law Handbook provides a brief but rigorous review of Florida’s ethics laws, and related constitutional provisions, by topic—including gifts, conflicts of interest, nepotism, financial disclosure, voting conflicts and more!

If you are a public official, public employee, citizen ethics advocate, or attorney working in the areas of government or administrative law, this book is for you. Buy your copy today at www.floridaethics.org. 100% of book sales will benefit the Florida Ethics Institute, a 501(c)(3) nonprofit organization committed to ensuring that a public office is a public trust by providing ethics education and guidance to public officers and employees as well as members of the public and the media.

The Florida Ethics Law Handbook is the only guide written by an ethics attorney with more than a decade of experience interpreting and enforcing the Code of Ethics for Public Officers and Employees on the State level and published by an independent, non-partisan nonprofit formed to advance ethics in government through education. Further, the Handbook uses an array of examples taken from ethics complaint proceedings, advisory opinions, and appellate courts cases to help public officers and employees, practitioners, and the public they serve to better understand the law.

Purchase Now !

Florida Ethics Update: Florida Commission on Ethics Approves Settlement of Manatee Official Over Pop Up COVID Vaccine Clinic

By Caroline Klancke, Florida Ethics Institute.

During its public session meeting on Friday, January 27, 2023, the Florida Commission on Ethics, the constitutionally created independent agency tasked with interpreting and enforcing the State’s ethics laws, approved a settlement agreement involving Manatee County Commissioner Vanessa Baugh over her role in organizing an exclusive COVID-19 vaccine event.

The ethics complaint investigation arose after the Commission on Ethics received 17 ethics complaints from concerned citizens against Baugh alleging that she misused her official position by coordinating a pop-up COVID vaccination clinic in early 2021 offering a limited number of vaccinations only to Lakewood Ranch residents in certain ZIP codes in violation of the Manatee County vaccine distribution policy and by putting her name at the top of the Manatee County list of vaccine recipients.

Following the Ethics Commission’s finding of Probable Cause on December 8, 2021, the matter was referred to the Florida Division of Administrative Hearings for a full administrative trial to determine if Baugh’s actions violated the constitutional prohibition against abusing one’s official position to gain a disproportionate benefit and the Code of Ethics prohibition against misusing one’s official position. Prior to the commencement of the administrative trial, the parties negotiated the settlement agreement considered by the Commission on January 27, 2023, in lieu of further proceedings.

In the settlement agreement, Baugh acknowledged that she misused her official position and resources by deviating from Manatee County’s vaccine distribution policy to benefit specific individuals and zip codes. In light of this violation of the Code of Ethics, Baugh further agreed to be publicly censured and reprimanded and to pay a fine of $8,000. During the deliberation of the settlement agreement, Commissioner Wengay Newton, Sr., argued for the upward adjustment of the penalty in light of what he asserted was a clear disproportionate benefit to Baugh and stated that “Ray Charles can see what went on here.” Following a spirited discussion, the settlement was approved by the Ethics Commission with Commissioner Newton and one other member voting in opposition.

Florida Ethics Legislative Report: Week Two

For Period Ending March 19, 2023

Florida House of Representatives

Florida Senate

Florida Commission on Ethics’ Legislative Proposals for 2023

Florida Ethics Update: Commission on Ethics Determinations—March Meeting

Florida Ethics Update: Commission on Ethics Dismisses Ethics Charges Brought Against Former Ag Commissioner Nikki Fried

Florida Ethics Update: Federal Judge Blocks Part of Ban Prohibiting Public Officers from Lobbying While in Office.

Pre-Session Florida Ethics Legislative Report

Florida House of Representatives

Florida Senate

Florida Commission on Ethics’ Legislative Proposals for 2023

Stay Informed!