Florida Ethics Update: Commission on Ethics Determinations—September Meeting

Florida Ethics Update: Commission on Ethics Determinations—September Meeting

September 13, 2023

By Caroline Klancke, Esq., Florida Ethics Institute.

 

During its meeting on Friday, September 8, 2023, the Florida Commission on Ethics (Commission), 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.). 

 

Two New Members Join the Commission on Ethics

During the September 8 meeting, the Commission welcomed two new members to the Board. On September 6, two days before the Commission’s meeting, Governor Ron DeSantis announced the appointment of Tina Descovich and Luis Fuste to the Ethics Commission.

Tina Descovich

Tina Descovich is the Co-Founder of Moms for Liberty. She was previously elected to the School Board of Brevard County in 2016 and served as the President of the Florida Coalition of School Board Members. Descovich earned her bachelor’s degree in public relations from Valdosta State University. 

Luis Fuste

Luis Fuste is an attorney at Fuste Law, P.A. He is a veteran of the United States Marine Corps Reserve and serves on the board of Little Bear Big Heart, Inc., Somerset Virtual Academy, and Doral College. Fuste earned his bachelor’s degree from Barry University and his juris doctorate from Florida International University.

These appointments are subject to confirmation by the Florida Senate.

Ethics Commission Elects New Chair

Ashley Lukis

The Commission began its meeting by voting to select a new Chair. The election was necessary following the August 22nd resignation of Glen Gilzean from his position as Chairman due to an apparent conflict between his appointed position on the Ethics Commission and his public employment as District Administrator of the Central Florida Tourism Oversight District.

 

The Commission elected Ashley Lukis to serve as Chair. Lukis was appointed by Governor DeSantis to the Ethics Commission in June of 2023. Lukis is an attorney at GrayRobinson, P.A. She was listed among the 2023 Florida Super Lawyers Rising Stars by Super Lawyers Magazine. Lukis earned her bachelor’s degree in communication and media studies and her juris doctorate from Florida State University. 

Public Session

 
Approval of Settlement of Ethics Complaint Involving Former Interim Orange County Clerk of Court

The Commission approved an Amended Settlement Agreement (referred to by the Commission as an Amended Joint Stipulation) between the Commission’s Advocate and the former Interim Orange County Clerk of Court, Colleen Riley. In the Amended Settlement Agreement, Riley acknowledges that she misused her official position in violation of the Code of Ethics, agreed to pay a $10,000 fine, and to be publicly censured and reprimanded.

 

The ethics complaint involved allegations that Riley misused her official position by “obtaining substantial funds from Orange County, which she claimed as severance package” while employed as Interim Orange County Clerk of Court.

The Commission had previously rejected a proposed Settlement Agreement involving the matter in 2022 finding that the proposed fine amount of $3,500 was insufficient in light of the severity of the allegations.

 

Approval of Settlement of Ethics Complaint Involving Former Sumter County Commissioner

The Commission also approved a Settlement Agreement concerning alleged ethics violations involving former Sumter County Commission member Oren Miller. Miller had been suspended from his public position by Governor DeSantis in 2022 after he was arrested and charged with perjury, for allegedly lying under oath during a Sunshine Law violation investigation. 

 

In the Settlement Agreement, Miller acknowledged that he had violated the gifts disclosure requirements of the Code of Ethics, by failing to timely and accurately file quarterly gift disclosure forms (Form 9s) reporting the receipt of donations exceeding $100 in value in 2021 and 2022—and agreed to pay a civil penalty in the amount of $3,000.

 

The Order Finding Probable Cause issued in September 2022, and other documents in the matter, indicate that Miller violated the gifts disclosure requirements of the Code of Ethics when he established a GoFundMe page soliciting donations to help him defray the cost of his legal defense and failed to timely and accurately disclose the donations provided to him that exceeded $100 in value.

 

At the meeting on Friday, counsel for Miller, Mark Herron, explained that Miller’s failure to timely and accurately file the necessary gift disclosures resulted from his mistaken belief that the gifts (in the form of donations exceeding $100 in value) were received at the time he withdrew them from the GoFundMe account. Rather, the Commission has explained in an advisory opinion and recent complaint prosecutions, that the gifts received via on-line platforms such as GoFundMe are received and, thus, reportable at the time that the contribution is made to the GoFundMe account.

 

Dismissal of Ethics Complaint Against Former Senator Jack Latvala

During the meeting, the Commission dismissed a long-running ethics case involving former State Senator Woodrow John “Jack” Latvala. The ethics complaint, filed in December 2017, alleged that Latvala violated the anti-bribery prohibitions of the Code of Ethics while in office by soliciting or accepting sexually oriented favors from female staff members and/or lobbyists with the understanding that his official actions or judgment would be influenced and that he misused his official position as a Senator by engaging in sexually oriented comments, behavior, or invitations to female staff and lobbyists.

 

Prior to the consideration of the substantive ethics complaint matter, Don Gaetz advised the Commission that he intended to voluntarily abstain from voting on the matter to avoid any appearance of impropriety and to preserve the fairness of the proceedings because he and Latvala had served in the Florida Senate together where they had a “contentious relationship.” Commissioner Gaetz, as well as the Ethics Commission’s General Counsel, explained that s. 286.012, F.S., requires members of collegial bodies to vote unless they have a voting conflict. However, they explained that the statute further provides that “a member may abstain from voting on such matter if the abstention is to assure a fair proceeding free from potential bias or prejudice.”

 

Gaetz then considered Latvala’s “Motion to Disqualify Commission Member Don Gaetz from Participating in Consideration in All Proceedings” which alleged that the “long standing political and personal animosity” between Latvala and Gaetz, certain prejudicial comments made by Gaetz regarding Latvala, as well as “animosity between their sons” led Latvala to believe that he would not receive fair consideration from Gaetz in the ethics complaint proceeding. At the meeting, Gaetz stated that in light of his voluntary recusal from voting in the matter the motion was moot.

 

During the substantive consideration of the ethics complaint proceeding, the Commission dismissed the complaint via the approval of a “Motion to Dismiss Complaint” filed by the Commission’s attorney (referred to as the Commission’s Advocate) which asserted that the matter should be dismissed due to the unwillingness of several key female witnesses to testify in the matter. The Commission’s attorney explained that although the investigations resulted in evidence to support a finding of probable cause, without direct court testimony from key witnesses, the case would lack evidence to proceed. During the deliberation of the Motion, Commissioners expressed concerns regarding the dismissal due to the egregious nature of the allegations.

 

Latvala, who left public office in 2017 following the publication of a Special Master Investigative Report to the Florida Senate about the allegations, has denied any wrongdoing in the matter but has acknowledged that he had an extramarital affair with a lobbyist that had business before the Senate.

 

Consideration of Final Order Involving Monroe County Commission Member’s Failure to File an Accurate 2020 Disclosure of Financial Interests

The Commission also considered and approved a Final Order resolving the ethics complaint filed against Monroe County Commissioner, Eddie Martinez. The complaint had been sent to the Division of Administrative Hearings (DOAH) for a public hearing; however, Martinez did not participate in those proceedings. As a result, DOAH relinquished jurisdiction and the matter returned to the Commission for final action.

 

In the Final Order, approved on Friday the Commission found that Martinez, while serving as a member of the Monroe County Commission, violated the financial disclosure provisions of the Code of Ethics requiring the full and public disclosure of financial interests by constitutional officers, and violated Art. II, s. 8, of the Florida Constitution, by filing an inaccurate financial disclosure in 2020—and recommended that the Governor publicly censure and reprimand Martinez and impose a fine in the amount of $5,000.

 

Consideration of 2024 Legislative Recommendations

The Commission contemplated the agency’s Legislative Recommendations for the 2024 Session scheduled to commence on January 9, 2024. In its proposed Legislative Recommendations the Commission reiterated its continued support of legislative progress on issues proposed in previous years including strengthening the provisions of the Code of Ethics pertaining to conflicting employment and contractual relationships, as well as the voting conflicts law, and the adoption of protections for ethics complainants to shield them from adverse retaliatory actions resulting from their filing of ethics complaints.

 

The Commission also proposed several new legislative recommendations including: the adoption of legislation affording candidates for public office who have had specious ethics complaints filed against them with the ability to seek attorney’s fees and costs; the expansion of the financial disclosure laws to require individuals appointed to complete the remainder of a term of office, to file financial disclosure; salary withholding for complaint penalties; and others.

 

The Board agreed that during the 2024 Legislative Session the Chair and Vice Chair should work closely with the Commission’s Executive Director to act as liaisons to the Legislature. 

Executive Session

During its closed session meeting (wherein confidential and exempt matters are addressed) the Commission took action on twenty-eight (28) matters. In a Press Release issued on September 13, 2023, the Commission made the following findings.

 

Ethics Complaints Considered for Probable Cause

During the meeting, fourteen (14) ethics complaints were considered for probable cause as well as two (2) statutorily generated investigations. Commission determinations regarding probable cause are based upon the ethics complaint, the Report of Investigation, the Advocate’s Recommendation, as well as written statements submitted by the respondent (against whom the complaint is filed) and any oral statements made at the meeting.  At the meeting to determine probable cause the Commission may find that no probable cause exists to believe that a violation of the Code of Ethics or other breach of the public trust has occurred, and a public report will be issued concluding the matter and closing the file. Conversely, the Commission may find that probable cause exists to believe that a violation has occurred and order a public hearing of the complaint before the Division of Administrative Hearings or it may find that probable cause exists but no further action should be taken due to the totality of the circumstances. A finding of probable cause is not a determination that a violation has occurred. Such a determination is made only after a full evidentiary hearing on the allegations.

 

The Commission considered a complaint filed against former Escambia County Commissioner, Douglas Underhill, and found no probable cause on nine allegations that he violated the ethics laws. All of the allegations relate to the acceptance of personal legal services for representation in three separate lawsuits. With respect to each of the three lawsuits, there were allegations that Underhill solicited gifts from vendors of the County, accepted prohibited donations to his personal legal defense fund from a vendor, lobbyist or the principal of a lobbyist of the County, and that he failed to disclose reportable gifts having a value in excess of $100 on a Quarterly Gift Disclosure (Form 9).

 

In a complaint filed against former Groveland City Council Member and Vice Mayor, Randolph Waite the Commission found no probable cause with respect to several allegations that he violated the ethics laws. During the period relevant to the complaint, Waite was employed in his private capacity as a school principal. With respect to the ethics allegations, the Commission found no probable cause to believe that he had a prohibited conflict of interest involving doing business with his own agency when the City decided to have a polling site at a church, associated with the school where he was employed as principal. Similarly, no probable cause was found to believe he was doing business with his own agency when the City and the church entered into a joint venture to lease the church’s gymnasium for community use and purchase land owned by the church. Allegations he had a conflicting employment or contractual relationship that created a continuing or frequently recurring conflict between his private interests and the performance of his public duties by being employed as principal while serving in his public role as a member of the City Council were also dismissed with a finding of no probable cause. In addition, an allegation that the City’s purchase of land that was owned by the church gave rise to a conflicting employment or contractual relationship that created a continuing or frequently recurring conflict between Waite’s private interests and the performance of his public duties also was dismissed with a finding of no probable cause. Further, no probable cause was found to believe that Mr. Waite had a voting conflict when he voted on a matter about the construction of the gymnasium on church property.


In a complaint filed against Melbourne Beach Town Manager, Elizabeth Mascaro, the Commission found no probable cause to believe Mascaro misused her position when she encouraged a resident to request a residential zoning change and the City failed to bill the citizen for the appropriate amount.


The Commission did find probable cause to believe that Hendry County School Board member, Stephanie Busin, abused her position to obtain a disproportionate benefit and misused her public position when she distributed her campaign materials on school property.

 

In a complaint filed against Supervisor and Chairman of the Groves Community Development Board, Wilbur Boutin, the Commission found no probable cause to believe Boutin misused his position when he sent out a “CDD Board Year in Review” email blast to the CDD residents. Similarly, an allegation that he used information not available to the general public for his personal benefit or for the benefit of another—was dismissed with a finding of no probable cause.


The Commission did find probable cause to believe Noma Town Council member, Aneala Beachum, had a conflicting contractual relationship that created a continuing or frequently recurring conflict between her private interests and the performance of her public duties when she rented a duplex owned by the City to operate her two private businesses out of the space. However, no probable cause was found to believe that Beachum had a voting conflict when she voted on a matter pertaining to the rental property.

 

The Commission considered a complaint filed against Lawtey City Clerk, Lisa Harley, and found no probable cause on an allegation that she violated the nepotism law by hiring and advocating for the employment of two relatives into positions with the City. No probable cause was found to believe she misused her position to hire her relatives. Further, no probable cause was found on allegations she misused her position when she provided a list of registered Lawtey voters to her political allies or by allowing them to set up candidate tents/tables at City Hall prior to the elections. An allegation she used information not available to the general public for her personal benefit or to benefit someone else was also dismissed with a finding of no probable cause.

 

The Commission considered a complaint filed against Delray Beach Planning and Zoning Board Member, Robert Long, which alleged he had a voting conflict on three separate votes concerning a residential development project that could benefit his client. The allegations were dismissed with a finding of no probable cause.

 

In a complaint filed against North Miami Beach City Commission member, McKenzie Fleurimond, the Commission found probable cause to believe he abused his position to obtain a disproportionate benefit and misused his public position when he charged a $300 gala ticket sponsored by the Florida Democratic Party to his city-issued purchasing card.

 

No probable cause was found to believe Holmes County Commission member, Brandon Newsom, had a conflicting contractual relationship that created a continuing or frequently recurring conflict between his private interests and the performance of his public duties when he served as a part-time “Reserve Deputy” in order to complete training so his law enforcement certification would not lapse while he was serving as a county commissioner.

 

In a complaint filed against Holmes County Development Executive Director, Joe Rone, the Commission found no probable cause to believe Rone misused his position when he was involved in the process of Holmes County Development Commission attempting to sell a property for commercial development.


In a complaint filed against Oldsmar City Council member, Andrew Knapp, the Commission found probable cause to believe Knapp failed to complete the statutorily required ethics training for calendar year 2020. In addition, probable cause was found to believe he violated the disclosure laws when he checked the box on his 2020 “Statement of Financial Interests” (Form 1) certifying that he completed the training. However, the Commission elected to take no further action on both allegations due to the particular circumstances of the matter.


The Commission found probable cause to believe that Melbourne Beach Town Commission member, Corey Runte, violated the voting conflict law by failing to personally vocalize his conflict prior to abstaining from a vote at a “Special Town Commission Meeting” to confirm qualified Town candidates for an upcoming election, in which he was a candidate. The Commission also found probable cause that Runte failed to file the required Memorandum of Voting Conflict (Form 8B) when he abstained from the vote. However, the Commission elected to take no further action on both allegations due to the particular circumstances of the matter.

 

Probable cause was found to believe that Holmes County Development Commission Board member, Lance Medley, had a conflicting contractual relationship when Medley’s LLC purchased property owned by the Holmes County Development Commission. However, the Commission elected to take no further action on the allegation due to the particular circumstances of the matter. Further, no probable cause was found to believe Medley abused his position to obtain a disproportionate benefit or misused his position when he was involved in the Holmes County Development Commission’s process of attempting to sell the property for commercial development.

 

The Commission voted to dismiss a statutorily required, self-initiated investigation concerning a willful failure to file a 2019 “Statement of Financial Interests” (Form 1) by the Department of Transportation Operations Manager, Howard Bechthold. Bechtold previously filed a financial disclosure appeal with the Commission that resulted in the maximum automatic fine of $1,500 being reduced. As the $1,500 maximum fine is necessary to invoke and maintain the Commission’s jurisdiction in proceedings involving the willful failure to file financial disclosure, the Commission dismissed the matter based upon the lack of jurisdiction to proceed.

 

Similarly, the Commission voted to dismiss a statutorily required, self-initiated investigation concerning a willful failure to file a 2018 “Statement of Financial Interests” (Form 1) by the Department of Children and Families Council on Homelessness member, Andrae James Bailey. Bailey previously filed a financial disclosure appeal with the Commission that resulted in the maximum automatic fine of $1,500 being waived. As the $1,500 maximum fine is necessary to invoke and maintain the Commission’s jurisdiction in proceedings involving the willful failure to file financial disclosure, the Commission dismissed the matter based upon the lack of jurisdiction to proceed.

 

Ethics Complaints Dismissed for Lacking Legal Sufficiency

The Commission also reviewed and dismissed twelve (12) 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. In any matter where a complaint is found legally insufficient and dismissed, the Commission will issue an order explaining the rationale for the dismissal.  Once an order dismissing the complaint has been rendered, the order dismissing the complaint and all documents related thereto will become public records.

 

At its September 8, 2023, meeting the Commission dismissed complaints filed against the following public servants due to a lack of legal sufficiency: Florida Department of Corrections Inspector General, Kenneth Sumpter; Fort Pierce Mayor, Linda Hudson; Liberty Fire District Board Member and Assistant Fire Chief, Tony Roy; District 5 Lee County Commissioner, Mike Greenwell; Town of Ponce Inlet Planning Board member, Henry “Skip” White; Candidate for Marion County Commission, Keith Poole; Turtle Run Community Development District Chairman, Eugene Carney; Tomoka Correctional Institution Warden/Superintendent, Jared Cox; Parker Mayor, Andrew Kelly; Martin County Commissioner and former Pal Mar Water Control District Board of Supervisors member, Sarah Heard; Tomoka Correctional Institution Food Service Director, Patrick Cirwithian; and Martin County Commission member Harold Jenkins.

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Judge Issues Permanent Injunction Striking Down In-Office Lobbying Ban as Unconstitutional

Judge Issues Permanent Injunction Striking Down In-Office Lobbying Ban as Unconstitutional 

 

August 11, 2023

By Caroline Klancke, Esq., Florida Ethics Institute.

In August 9, 2023, rulings a federal judge with the US District Court Southern District of Florida has struck down the state’s constitutional In-Office Lobbying Restrictions via the issuance of a permanent injunction in Garcia v. Stillman et al., case 1:22-cv-24156, finding that the restriction violated the First Amendment. After finding that the strict scrutiny standard applied to the In-Office Lobbying Restrictions, Judge Beth Bloom agreed with the local officials challenging the ban finding that “the In-Office Restrictions are content-based, overbroad restrictions on speech.” 


In light of this determination, Judge Bloom further found that the local officials “are entitled to a permanent injunction prohibiting Defendants [including the Florida Commission on Ethics] from enforcing the In-Office Lobbying Restrictions.” The court further issued a Final Judgment closing the case. 


The In-Office Lobbying Restrictions contained in Art. II, s. 8(f)(2), of the Florida Constitution, prohibiting “public officers” from lobbying on issues of “policy, appropriations, or procurement” while in office, were created through a 2018 constitutional amendment, proposed by the Constitutional Revision Commission, and approved by 78.9% of the voters. In 2022 the Florida Legislature passed two laws (ss. 112.3121 and 112.3122, F.S.) implementing the constitutional amendment. 


Importantly, Judge Bloom did not block the enforcement of the six-year Post-Office Holding Lobbying Restrictions portion of the constitutional amendment contained in Art. II, s. 8(f)(3), of the Florida Constitution, which prohibit “public officers” (including all state lawmakers and elected officials, City Councilmembers, County Commissioners, School Board members, and others) from lobbying for compensation “on issues of policy, appropriations, or procurement for a period of six years” after leaving their public office or position. The Post-Office Holding Lobbying Restrictions further provide in Art. II, s. 8(f)(3)a.-c., the manner in which the post-office ban would apply to different types of public offices—detail which is not present in the In-Office Lobbying Restrictions. In her ruling issued Wednesday, Judge Bloom noted that the “Post-Office Restrictions are narrowly tailored based on the public official’s office” indicating that the 6-year Post-Office Holding Lobbying Restrictions may prevail in future constitutional challenges. 

 
The Ethics Commission (via the Solicitor General’s Office) has filed a Notice of Appeal of the final judgement with the 11th Circuit Court of Appeals and has also filed a motion requesting a stay of the ruling as to all public officers in the State except Mr. Garcia, who was the only plaintiff found to have standing by the District Court.   

Florida Ethics Update: Commission on Ethics Determinations—July Meeting

Florida Ethics Update: Commission on Ethics Determinations—July Meeting

August 2, 2023

By Caroline Klancke, Esq., Florida Ethics Institute.

 

 

 During its meeting on Friday, July 28, 2023, the Florida Commission on Ethics (Commission), 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 of the State Constitution (Art. II, s. 8, Fla. Const.). 

 

New Ethics Commissioners Welcomed

The Commission began its meeting by welcoming two new commissioners—Freddie Figgers and Ashley Lukis—to its board. Figgers and Lukis were appointed by the Governor to fill the seats left by Commissioners John Grant and William “Willie” Meggs, whose terms expired in June. The Governor also reappointed Edwin “Ed” Moore to the Commission. These appointments are subject to confirmation by the Florida Senate.

Freddie Figgers
Ashley Lukis
Edwin “Ed” Moore

Public Session

Anti-Lobbying Amendment Challenge

The Commission engaged in a discussion regarding the status and cost of the on-going constitutional challenge in Garcia v. Stillman et al., case 1:22-cv-24156 to the newly effective Anti-Lobbying Amendment contained in Art. II, s. 8(f)(1)-(3), of the Florida Constitution. Correspondence to the Commission’s General Counsel circulated in the meeting materials provided information regarding the estimated cost of the Commission’s portion of the litigation defense and indicated that the trial is scheduled to commence on August 28, 2023.

 

The litigation arose after several current public officers filed suit in the U.S. District Court for the Southern District of Florida challenging the validity of the Anti-Lobbying Amendment—prohibiting “public officers” (including all state lawmakers and elected officials, City Councilmembers, County Commissioners, School Board members, and others) from lobbying on issues of “policy, appropriations, or procurement” while in office and further prohibiting them from lobbying for 6 years after leaving public office. Plaintiffs argue that the new Anti-Lobbying Amendment, which became effective on December 31, 2022, is an unconstitutional infringement of their First Amendment rights.

 

In February 2023 Judge Beth Bloom issued a preliminary injunction against the enforcement of the part of the Anti-Lobbying Amendment which prohibits public officers” from lobbying while they are in office. Judge Bloom has also granted substantial portions of the Commission’s “Motion to Dismiss” finding that none of the plaintiffs have standing to challenge the 6-year post-office-holding portion of the ban, thereby leaving only the in-office lobbying ban in dispute.

 

Consideration of Latvala Matter Continued to September 8th Meeting

During the meeting, Commission Chair Glenton “Glen” Gilzean, Jr., stated that the consideration of a long-running ethics case involving former Senator Jack Latvala had been continued until the agency’s September 8th meeting at the request of the Commission’s attorney (referred to as the “Commission Advocate”) “due to an illness.”

 

The Order Finding Probable Cause issued by the Commission on July 27, 2022, and other materials in the matter, indicate that ethics case involves allegations that former Senator Latvala violated the anti-bribery prohibitions of the Code of Ethics while in office by soliciting or accepting sexually oriented favors from female staff members and/or lobbyists with the understanding that his official actions or judgment would be influenced and that he misused his official position as a Senator by engaging in sexually oriented comments, behavior, or invitations to female staff or lobbyists.

 

The Commission had been scheduled to consider a “Motion to Dismiss Complaint” filed by the Commission Advocate which asserts that the matter should be dismissed due to the unwillingness of several key female witnesses to testify in the matter. Latvala, who left public office in 2017 following the publication of a Special Master Investigative Report to the Florida Senate about the allegations, has denied any wrongdoing in the matter but has acknowledged that he had an extramarital affair with a lobbyist.

 

Consideration of Settlement Agreement Involving the Willful Failure to File Financial Disclosure

The Commission also considered and approved a Settlement Agreement entered into between the Commission Advocate and Dorcas Fire District Commissioner and Fire Chief, John Polinsky, involving Mr. Polinsky’s alleged willful failure to file his legally-required 2018 financial disclosure. The only penalty available within the Code of Ethics for willfully failing to file financial disclosure is the removal from public office or employment.

 

In the Settlement Agreement, the Respondent acknowledged that he had willfully failed to file his 2018 Form 1, Statement of Financial Interests. Removal from his public office will be recommended to the Governor for imposition.

 

Consideration of Legal Sufficiency of a Complaint Wherein Confidentiality Had Been Waived

The Commission also dismissed an ethics complaint filed against Tarpon Springs City Commissioner, Peter Koulias. The complaint alleged that Mr. Koulias, while serving as a member of the Tarpon Springs City Commission, violated the Code of Ethics by engaging in a series of personal attacks against the Complainant and his spouse. The Commission on Friday dismissed the matter for failing to constitute a legally sufficient complaint as it failed to satisfy the legal requirements necessary to implicate either the misuse of public position prohibition of the Code of Ethics or the constitutional prohibition against abusing one’s public position. The complaint was considered during public session because Mr. Koulias waived confidentiality.

 

Consideration of Advisory Opinion Involving University Trustee Writing Commentary for Publications Regarding his University

The Commission also considered and adopted an advisory opinion requested by the General Counsel for New College of Florida on behalf of a recently-appointed member of the University’s Board of Trustees. The opinion explains that the Trustee writes and is paid to provide content to different publications and would like to publish content about the University on these platforms. Thus, the Trustee inquired whether he would be prohibited by the Code of Ethics, from writing and accepting payment for publishing articles concerning his University. He further queried whether the contractual relationships formed due to his journalism presented a prohibited conflict for him, and whether he is limited in soliciting personal donations to him via online media platforms.

 

The Commission began its analysis by scrutinizing the portions of the Code of Ethics which prohibit the Trustee from misusing his official position, resources, or inside information not otherwise available to the public—for his personal benefit or for the benefit of others connected to him. The Commission also considered whether such conduct would violate the constitutional prohibitions against abusing one’s public office to obtain a disproportionate benefit. The Commission concluded that the Trustee would not be prohibited in his private capacity from writing and accepting payment for publishing content concerning the University, provided that the content involved only publicly available information. The Commission further cautioned the Trustee not to use any University personnel to prepare the content that he privately publishes and to emphasize that he is sharing only his personal opinions and not those of the University board on which he serves.

 

The Commission further analyzed the facts to determine if they gave rise to a conflicting employment or contractual relationship for the Trustee. The Commission found that the facts presented did not give rise to a conflict but cautioned the Trustee regarding the portions of the statute which prohibit him from having any contractual relationships with any agency or business entity that is doing business with, or regulated by, the Trustee’s agency (the University). The Commission explained that the Trustee has a contractual relationship with each paid subscriber to his on-line platforms and cautioned that the Trustee must “be vigilant” and not maintain or accept any paid subscriptions from agencies or business entities that are doing business with the University or regulated by the University.

 

The Commission also analyzed whether donations made to the Trustee through his online media account constituted prohibited gifts or “expenditures” under the Code of Ethics. As the Trustee is a public official who files financial disclosure annually, he is subject to the gifts law contained in Section 112.3148, F.S., of the Code of Ethics, which prohibits the solicitation of gifts from prohibited sources and provides restrictions on the acceptance of gifts by public officials. As a financial disclosure filer who serves in the Executive Branch of Florida, the Trustee is also subject to an expenditure ban which prohibits him from accepting things of value from lobbyists, or the employer of lobbyists, made for the purpose of lobbying or to engender his goodwill.

 

The Commission found that the anti-solicitation prohibition within the gifts law requires that the Trustee must remove the solicitation for donations to himself or his personal nonprofit from his media platforms or include language advising statutorily prohibited donors from contributing. The Commission further advised that the Trustee “must decline any donations to himself or his nonprofit from a political committee, or from any Executive Branch agency lobbyist” or the employer of lobbyists.  Further, the Trustee “may not accept donations to himself or his nonprofit or more than $100 from a vendor or lobbyist” of the University and that he must report any donations not otherwise prohibited having a value of more than $100.

Executive Session

During its closed session meeting (wherein confidential and exempt matters are addressed) the Commission took action on 41 matters. Five of those matters were ethics complaints considered for probable cause. In a press release issued on August 2, 2023, the Commission made the following findings.


The Commission considered a complaint filed against Miami City Commission member Alex Diaz de la Portilla. The Commission found no probable cause on allegations Mr. Diaz de la Portilla misused his position or official resources when city funded t-shirts imprinted with “Team Diaz de la Portilla” were worn by volunteers campaigning for his brother, Renier Diaz de la Portilla.


In a complaint filed against former North Bay Village Mayor, Brent Walter Latham, the Commission found probable cause to believe Mr. Latham accepted a prohibited gift having a value of more than $100 when he accepted a trip given by the employer/principal of a lobbyist. However, the Commission will take no further action on the allegation because the investigation revealed Mr. Latham received inaccurate guidance from his agency’s legal counsel before taking the trip. No probable cause was found on allegations Mr. Latham solicited gifts of travel from a prohibited donor or that he failed to disclose the receipt of a gift that exceeded $100 in value.


The Commission found probable cause to believe former City of Dania Beach Public Works Utilities Manager, Jose Urtecho, violated the anti-bribery provisions of the Code of Ethics by soliciting or accepting something of value, based upon an understanding that he would be influenced in his official capacity. Probable cause also was found to believe he accepted things of value when he knew, or should have known, they were given to influence him. The Commission found probable cause to believe Mr. Urtecho misused his public position to benefit the entities giving him the gifts. Probable cause also was found to believe he solicited gifts from vendors of the City and that he failed to report gifts valued at more than $100 as required by law.


In a complaint filed against Chad Jackson, Vernon City Council member, the Commission found probable cause to believe Mr. Jackson failed to complete the statutorily-required ethics training for calendar year 2022. However, the Commission elected to take no further action due to the particular circumstances of the matter. An allegation he failed to complete the required training for calendar year 2021 was dismissed with a finding of no probable cause.


After reviewing the results of a self-initiated investigation – required by statute – the Commission found probable cause to believe Miami-Dade County Public School Principal, Uwezo Frazier, willfully failed to file his 2018 Form 1 financial disclosure. However, the Commission elected to take no further action after Mr. Frazier filed the delinquent disclosure forms and due to the particular circumstances of the matter.


The Commission also reviewed and dismissed 36 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.


At its July 28, 2023, meeting the Commission dismissed complaints filed against the following public servants due to a lack of legal sufficiency: two complaints filed against Cynthia Burton, Crescent City Commissioner; two complaints filed against Dennis Ward, State Attorney 16th Judicial Circuit; Brenda Harmer Fam, Broward County School Board member; Allen Zeman, Broward County School Board member; Kathy Starkey, Pasco County Commission member; Nicholas C. Mimms, Fort Pierce City Manager; Clint Erickson, Holmes County Commission member; Patty L. Cummings, Cape Coral City Council member; Angela Eady, Kissimmee City Commission member; John Lege, Fort Myers Assistant City Manager; Michelle Pines, Clermont City Council member; Brian Kramer, State Attorney 8th Judicial Circuit; Ryan Nagel, Assistant State Attorney 8th Judicial Circuit; twenty complaints filed against James Calkins, Santa Rosa County Commissioner; and Chris Spencer, Budget Chief, Executive Office of the Governor.

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Florida Ethics Update: Commission on Ethics Determinations—June Meeting

Florida Ethics Update: Commission on Ethics Determinations—June Meeting

June 15, 2023

By Caroline Klancke, Esq., Florida Ethics Institute.

 

During its meeting on Friday, June 9, 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 former employee of the Florida Department of Education (FDOE)—Justin David Feller, regarding an ethics complaint involving his misuse of official public position by keeping FDOE equipment at his home during the pandemic that he used for his personal benefit, by obtaining $1,000 in gift cards intended for the purchase of educational trainings and using them to make personal purchases, as well as requesting a $5,500 payment and reimbursement for training he never provided. The Commission voted to approve the settlement agreement finding that Mr. Feller violated the constitutional amendment prohibiting abuse of a public position to obtain a disproportionate benefit and misused his position and recommending a total civil penalty of $2,000 and public censure and reprimand for imposition by the Governor.

 

The Commission took final action on a complaint against the former Mayor of Temple Terrace, Melody Jurado. The Commission adopted a Final Order finding Ms. Jurado misused her position to permit or direct City staff to publish inaccurate or embellished educational credentials for her biography on the City’s website. During the deliberations on Friday the Commission’s Advocate asserted that Ms. Jurado had in essence purchased a degree from a “diploma mill” and thereafter misused her official position by directing City staff to publish her exaggerated credentials on the City’s official webpage. During the Commission’s consideration of the matter, Commissioner Grant expressed his concerns regarding the severity of the penalty in light of Ms. Jurado’s actions including her resignation from her public position and urged the Commission to set aside the fine and limit the punishment to public censure and reprimand. However, the Commission ultimately voted to adopt the Final Order recommending that a civil penalty of $10,000 and public censure and reprimand should be imposed upon her by the Governor.

 

The Commission took final action on a complaint against Orange County Firefighter, John Capps. The Commission adopted a Final Order finding Mr. Capps misused his position to be paid for time he did not actually work. A civil penalty of $5,000, restitution to Orange County Rescue Department in the amount of $195.21, and public censure and reprimand, was recommended to the Governor for imposition.

 

Attorney Fees Petition Dismissed 

The Commission also granted an “Order Dismissing Petition for Costs and Attorney Fees” thereby dismissing a petition for attorney’s fees and costs filed by Teresa Cervera—a former candidate for Circuit Judge in the 11th Circuit (and the Respondent in the original ethics complaint) against Juan-Carlos Planas (the Complainant in the original ethics complaint). The underlying ethics complaint alleged that when Cervera qualified as a candidate she failed to accurately disclose certain assets and liabilities on her 2021 Form 6, financial disclosure. After the filing of the ethics complaint, the matter was investigated by the Commission and on January 27, 2023, the Commission determined that there was no probable cause to believe that Ms. Cervera had violated the financial disclosure laws.

 

At its meeting on Friday, the Commission voted to dismiss Ms. Cervera’s petition for fees and costs, in part because the attorney’s fees provision of the Code of Ethics, s. 112.317(7), F.S., is limited to instances where “a person filed a complaint against a public officer or employee” and since Cervera was a non-incumbent candidate that did not otherwise hold public office when the ethics complaint was filed against her—Cervera could not seek fees and costs under the statute. Thus, indicating that non-incumbent candidates for public office cannot petition the Commission for fees and costs. 

 

The Commission also found that the petition should be dismissed because it failed to substantively satisfy the requirements of the statute which “sets a very high bar for recovery of fees” and which requires a showing that the ethics complaint was filed with a “malicious intent” to injure the official’s reputation and that the filer knew that the statements about the official (which were material to the complaint) were false or were made with a reckless disregard for the truth. After a robust discussion and a roll call vote—the Commission granted the order thereby dismissing the attorney’s fees petition.

 

Anti-Lobbying Amendment Challenge 

The Commission also engaged in a discussion regarding whether to continue expending public funds from their operating budget for its defense in the litigation of Garcia v. Stillman et al., case 1:22-cv-24156, which arose after several current public officers filed suit in the U.S. District Court for the Southern District of Florida challenging the validity of the newly effectively anti-lobbying provisions of Art. II, s. 8(f)(1)-(3), of the Florida Constitution—prohibiting public officers from lobbying on issues of “policy, appropriations, or procurement” while in office and further prohibiting them from lobbying for 6 years after leaving public office. Plaintiff’s argue that the new Anti-Lobbying Amendment, which became effective on December 31, 2022, is an unconstitutional infringement of their First Amendment rights.

 

In February 2023 Judge Beth Bloom issued a preliminary injunction against the enforcement of the part of the Anti-Lobbying Amendment which prohibits “public officers” (including all state lawmakers and elected officials, City Councilmembers, County Commissioners, School Board members, and others) from lobbying while they are in office. As stated in the Commission’s Executive Director’s Report, Judge Bloom has also granted substantial portions of the Commission’s “Motion to Dismiss” finding that none of the plaintiffs have standing to challenge the 6-year post-office-holding portion of the ban, thereby leaving only the in-office lobbying ban in dispute. At the Commission’s meeting on Friday, the members agreed to engage in a “shade meeting” in order to further discuss litigation expenses going forward.

 

Executive Session

During its closed session meeting (wherein confidential and exempt matters are addressed) the Commission took action on 47 matters. 9 of those matters were ethics complaints considered for probable cause. In a press release issued on June 14, 2023, the Commission issued the following findings.

 

The Commission considered a complaint filed against former University of Central Florida (UCF) employee, Martin P. Wanielista, finding no probable cause on three allegations that he violated ethics laws. The allegations were: that he abused his position to obtain a disproportionate benefit for himself or business; misused his position; and that he had an employment or contractual relationship that conflicted with his public duties when he helped with the research, development, and license of a filtration medium used to remove nutrients from stormwater while employed by UCF, and later used and profited from the patented technology at a company where he had an ownership interest.

 

In a complaint filed against Osceola County School Board member, Jon Arguello, the Commission rejected the recommendation of its Advocate and found no probable cause to believe Mr. Arguello misused his position when he solicited campaign funds for his sister’s campaign and used school board letterhead on a press release that included his personal opinion.

 

The Commission found no probable cause in a complaint filed against Okaloosa County School Board member, L. Diane Kelley, alleging that she abused her position to obtain a disproportionate benefit, misused her public position, or used information only available to her and gained by reason of her official position when she obtained and shared with members of the press investigative reports regarding a teacher showing portions of a rated R movie to students.

 

In a complaint filed against former Miami-Dade County School Board member, Christine “Christi” Fraga, the Commission found no probable cause regarding allegations that she abused her position to obtain a disproportionate benefit and misused her position regarding a request for volunteers for her campaign that was posted on the School District’s social media page.

 

The Commission considered a complaint filed against write-in candidate for Collier County Commission, William Oppenheimer, and found probable cause on allegations that he failed to file an accurate 2021 Form 6 financial disclosure.

 

The Commission rejected the finding of their advocate and found no probable cause to believe that Neptune Beach City Council Member, Lauren Key, abused her position to obtain a disproportionate benefit and misused her position when she escalated a dispute with a City parking attendant and pushed for discipline.

 

The Commission found no probable cause to believe City of Milton City Manager, Randy Jorgenson, misused his position when he was driven by a City employee in a City-owned vehicle to engage in a political discussion during work hours.

 

In a Commission-initiated investigation – required by statute – to determine if Jan Hopkins, as a member of the Taylor County Planning Board, willfully failed to file her 2019 Form 1, financial disclosure, resulted in a finding of no probable cause.

 

Similarly, after reviewing the results of a Commission-initiated investigation – required by statute –to determine if Paul Davis Cooper, as a member of the Judicial Nominating Commission, willfully failed to file his 2019 Form 1 disclosure, the Commission found no probable cause.

 

The Commission granted a request by the Complainant to withdraw three complaints he filed against Columbia County Attorney, Joel Foreman, as well as Columbia County Commissioners—Ronald Williams and Robby Hollingworth.

 

The Commission also dismissed a complaint filed against former Town of Redington Shores Commissioner, William J. Krajewski, due to his death.

 

The Commission also reviewed and dismissed 34 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.

 

At its June 9, 2023, meeting the Commission dismissed complaints filed against the following public servants due to a lack of legal sufficiency: Dennis Ward, Monroe County State Attorney; Nashon Lamir Nicks, Candidate for Jacksonville City Council; N. Ovitt, Polk County Jail Detention Detective; Russell Piche, Polk County Sheriff’s Office Deputy; Brandon Newsom, Holmes County Commissioner and Vice Chair; Steven Neil, Polk County Sheriff’s Office Deputy; Marlisa Demond, Polk County Assistant Public Defender; Douglas F. Andrews, Madeira Beach Vice Mayor; Robin I. Gomez, Madeira Beach City Manager; Cynthia McIntyre, Cory Lake Isles Community Development District Supervisor; Jerry L. Demings, Orange County Mayor; Cecil Smith, Sanford Chief of Police; Michael Ilczsyn, Cape Coral City Manager; Curtis Johnson, Jr., Fort Pierce City Commissioner; Arnold S. Gaines, Fort Pierce City Commissioner; Tanya Earley, Fort Pierce City Attorney; Kendrah Wilkerson, Havana Town Manager; the following Havana Councilmembers: Dwight Vickers, Jennifer Stone, Nick Bert, Decorkus Allen, Janice Hart, and Eddie Bass; Larry Patrick, Okaloosa County Planning Commission Chair; Kathryn Starkey, Pasco County Commission; Brian C. Rodgers, Alachua County Assistant State Attorney; John Lyon Broling, Alachua County Assistant Regional Conflict Counsel; Matthew Landsman, Alachua County Assistant Public Defender; Edgar Jones, III, Alachua County Sheriff’s Office Court Security Officer/Bailiff; Celeste Rutledge, Alachua County Sheriff’s Office Sergeant; James Beck, Alachua County Sheriff’s Office Captain; Lt. Calhoun, Alachua County Sheriff’s Office Lieutenant; Lance Yaeger, Alachua County Sheriff’s Office Detective; and Ron DeSantis, Governor of the State of Florida.

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Florida Ethics Institute 2023 Post-Session Report

Florida Ethics Institute 2023 Post-Session Report

 

 

 

Legislative Tracking

Throughout the 2023 Regular Legislative Session the Florida Ethics Institute tracked and sought to raise awareness regarding proposed bills having ethics law implications. During the legislative session, FEI published six Florida Ethics Legislative Reports. To ensure greater public awareness regarding proposed legislation impacting Florida’s ethics laws in real time and during the critical period prior to and during the legislative session, FEI extended communications regarding the legislative reports to journalists, community ethics advocates, and others via FEI press releases. FEI also ensures that all Florida Ethics Legislative Reports are posted on its website and shared through social media.

 

What follows is an encapsulation of all legislative changes implicating the ethics regulations and requirements in Florida including those amending portions of the Code of Ethics for Public Officers and Employees (Code of Ethics) which establishes ethical standards for public officials and is intended to ensure that public officials conduct themselves independently and impartially. The Florida Commission on Ethics (Commission), is the constitutionally created independent agency tasked with interpreting and enforcing the State’s ethics laws. Each year the Commission adopts legislative proposals for the Code of Ethics which it submits for consideration during the Legislative Session. For 2023, the Commission made the following Legislative Recommendations regarding legislative changes to strengthen and streamline Code of Ethics.

 

The analysis below contains a description of the bills that passed and the ethics-law implications of the bills. The analysis also contains a list of bills that were considered but died.

2023 Legislative Changes to Ethics Requirements Applicable to Public Officers and Public Employees

HB 37/SB 774 – Ethics Requirements for Public Officials

HB 37 was sponsored by Representatives Roach and co-sponsored by Representatives Chaney, Fernandez-Barquin, Giallombardo, Leek, and Roth. SB 774 was sponsored by Senator Brodeur. 

 

On April 12, 2023, the Senate passed the companion bill, amended SB 774, with a vote of 35 to 5. The House tabled HB 37 and substituted it for the Senate companion bill SB 774. On April 26, 2023, the House passed SB 774 with a vote of 113 to 2. The bill adopts five of the Commission on Ethics’ 2023 Legislative Recommendations. 

 

The bill was approved and signed by the Governor on May 11, 2023, Ch. 2023-49, Laws of Florida (L.O.F.), and became effective on that date.

 

The bill makes the following changes to the Code of Ethics:

  • Requires mayors, elected members of a municipal governing body, and members of the Commission on Ethics to file the more stringent “Full and Public Disclosure of Financial Interests” (Form 6) financial disclosure starting January 1, 2024, instead of the less rigorous “Statement of Financial Interests” (Form 1), disclosure. The Commission has long supported this form of enhanced financial disclosure for elected municipal officers via its Legislative Recommendations asserting that municipal officials are very important and administer vast amounts of public resources. For these, and other reasons, the Commission has asserted that their financial disclosure requirement should be on par with that of county officials and others who file Form 6, rather than Form 1, and regardless of the population or revenue of the municipality. With the passage of SB 774 this ethics requirement has been adopted into law.
  • Maintains the current requirement that Form 6 filers submit their disclosures electronically beginning January 1, 2023, and requires Form 1 filers to submit their disclosures electronically beginning January 1, 2024.
  • Allows federal income tax returns and other attachments to be included with Form 6 electronic submissions.
  • Requires the Commission to provide certain notices regarding Form 1 and Form 6 electronic filings.
  • Extends the annual filing deadline for both Form 1 and Form 6 filers.
  • Provides that the computation of a fine for late filing of financial disclosures will use the electronic submittal date.
  • Requires the Commission to investigate sworn complaints or random lobbying audit reports only when individuals or entities have intentionally failed to disclose a material fact or has knowingly submitted false information.
  • Authorizes the Commission to dismiss certain complaints or investigations if the public interest is not served by proceeding further.
  • Increases the civil penalty that may be assessed for a violation of the Code of Ethics from $10,000 to $20,000. The maximum fine amount for ethics violations was last increased in 1994. Due to inflation and seriousness of ethics offenses, the Commission has supported such an increase in the maximum penalty for years.
  • Allows commissioners of community redevelopment agencies to use the same training schedule as all other public officers subject to the ethics training requirement.
  • Allows a candidate qualifying for office to submit a verification or receipt of electronic filing of a financial disclosure to the local filing officer.
  • Grants the Commission an exception to the rulemaking requirements of the Administrative Procedure Act for forms promulgated for the 2022 filing year.
 

The bill also modifies 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 a Form 6 financial disclosure at the time of qualifying to file a verification or receipt of electronic filing.

 

HB-199/SB 620 Ethics Requirements for Officers and Employees of Special Tax Districts

HB 199 was co-sponsored by Representatives Hunschofsky and Daley. SB 620 was co-sponsored by Senators DiCeglie and Yarborough.

 

On April 26, 2023, the House passed HB 199 by a unanimous vote. The Senate substituted SB 620 for the House bill and on May 2, 2023, the Senate passed HB 199 by a unanimous vote. 

 

On May 24, 2023, the bill was approved by the Governor, Ch. 2023-121, L.O.F. The effective date of this bill is July 1, 2023.

 

Code of Ethics, s. 112.313(7)(a), F.S., prohibits public officers and public employees from having an employment or contractual relationship with a business entity or agency that is subject to the regulation of, or is doing business with, his or her agency. However, there are exceptions to this prohibition, including an exception contained in s. 112.313(7)(a)1, F.S., for public officers and employees of Water Control Districts and certain kinds of Special Taxing Districts (that are limited to constructing, maintaining, managing, and financing improvements in the land area over which the district has jurisdiction) which specifically allows public officers and employees of those entities to be employed by, and enter into contractual relationships with, business entities or agencies subject to the regulation of, or doing business with the district. 

 

Further, s. 112.3142, F.S., of the Code of Ethics requires constitutional officers, elected municipal officers, and certain others to complete 4 hours of ethics training annually that, at a minimum, addresses s. 8, Art. II of the State Constitution (the “Ethics in Government” amendment), the Code of Ethics, and Florida law on public records and open public meetings. 

 

The bill makes the following changes to these provisions of the Code of Ethics:

  • The bill clarifies the exception for public officers or employees of a Water Control District or a Special Tax Districts, by specifying that conduct that constitutes a misuse of public position or violates the prohibition on disclosing information that is not otherwise available to the public for their own personal benefit would be considered an impermissible conflict of interest.
  • The bill also requires 4 hours of annual ethics training for elected members of Independent Special Districts, provides requirements for such training, specifies training content, and provides a schedule for when such training must be completed.

HB 487/SB 1158 – Department of Financial Services

HB 487 is a General Bill by Commerce Committee and Insurance & Banking Subcommittee and Representative Salzman. The companion bill, SB 1158 is a General Bill by Fiscal Policy and Appropriations Committee on Agriculture, Environment, and General Government and Banking and Insurance and Senator DiCeglie. HB 487 passed the House, as amended, on April 26, 2023, with a vote of 75 to 40. The bill was amended in the Senate on April 28, 2023, and returned to the House. The House concurred in the Senate amendments and subsequently passed the bill, as amended, on May 3, 2023. 

 

On May 25, 2023, the bill was approved by the Governor, Ch. 2023-144, L.O.F. The bill is effective upon becoming law.

 

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 germane to ethics 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 (voting conflicts) and 112.3148 (the Gifts law), F.S., respectively.

 

SB 7050/HB 7067- Elections

HB 7067 was sponsored by Representatives McClure, Salzman, and others. SB 7050 was sponsored by Senator Hutson. On April 26, 2023, the Senate passed the companion bill amended SB 7050 by a vote of 28 to 12. On April 28, 2023, the House substituted HB 7067 for the Senate bill and passed amended SB 7050 by a vote of 76 to 34. 

 

On May 24, 2023, the bill was approved by the Governor, Ch. 2023-120, L.O.F. The effective date of the bill is July 1, 2023, except as otherwise provided. 

 

The Florida Election Code provides for the state’s election laws. In part, the bill revises the Florida Election Code to: 

  • Amend Florida’s “resign to run” law, s. 99.012, F.S., to provide that any person seeking the office of President or Vice President of the United States is not subject to certain requirements of Chapter 99, F.S., which govern candidate qualifying.
  • Require signature matching training for supervisors of elections (supervisors) and county canvassing board (CCB) members.
  • Authorize notice to be made on specified websites as an alternative to newspaper publication.
  • Revise and create additional requirements for third-party voter registration organizations.
  • Require additional information be included on voter information cards.
  • Maintain a public record exemption for certain voter registration information received.
  • Revise processes used by supervisors and the Department of State (DOS) in voter registration list maintenance activities and enhance information other governmental entities must provide.
  • Require supervisors to coordinate with clerks of court to receive updates on persons convicted of felonies and require supervisors to have direct access to the Department of Highway Safety and Motor Vehicles driver information system.
  • Require a voter to vote a provisional ballot if he or she has been issued a notice of potential ineligibility to vote.
  • Revise requirements for post-election reports and certain precinct boundary data.
  • Create methods for candidates to use nicknames on the ballot.
  • Revise certain vote-by-mail ballot provisions and require DOS to adopt a uniform statewide application for such ballot requests.
  • Require certain public, tax-supported buildings be made available as early voting locations.
  • Provide that a presidential elector’s refusal or failure to vote for the candidates of the party he or she was nominated to represent constitutes resignation of the position.
  • Revise frequency of campaign finance reporting, preempt local governments from enacting different reporting schedules, and provide that text messages do not constitute contributions toward specified contribution limits.
  • Create a new framework regulating use of voter guides and require a disclaimer.
  • Increase fines that may be imposed for specified election law violations and attach fines against a political committee jointly and severally to the chair of the political committee in certain circumstances.
 

Further, portions of the bill germane to ethics amend s. 99.021, F.S., to require that candidates for public office, at the time of qualifying, to disclose any outstanding fines in excess of $250 for ethics violations of Art. II, s. 8, Fla. Const. (“Ethics in Government” amendment), Code of Ethics, any local ordinance governing standards of conduct, or Ch. 106, F.S. (governing campaign financing). 

 

Proposed Bills Impacting Ethics that Failed to Pass

HB 1477/SB 1688 – Insurance

HB 1477 was co-sponsored by Representatives Driskell; Arrington; Bracy; Davis; Cassel; Cross; Daley; Eskamani; Gantt; Gottlieb; Harris; Hinson; Hunschofsky; Joseph; Nixon; Rayner-Goolsby; Robinson, F.; Skidmore; Valdés; Waldron; and Woodson. SB 1688 was sponsored by Senator Jones. Both HB 1477 and SB 1688 died in committee. 

 

The bill pertained largely to the creation of the Property Insurance Commission, however, portions of the bill germane to the Code of Ethics would have created s. 112.3134, F.S., which would have imposed a seven-year post-officeholding restriction prohibiting former commissioners of the Property Insurance Commission from personally representing another person or entity before the Office of Insurance Regulation or from serving as an employee or contractor of an entity regulated by the Office of Insurance Regulation.

 

SB 1316 – Information Dissemination

The bill was sponsored by Senator Brodeur. SB 1316 never made it out of the Judiciary Committee and died on May 5, 2023. 

 

The bill deleted 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 sought 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 5 days of the first post blogging about the elected state officer. After registering, the bill required that bloggers file monthly reports disclosing compensation received for blogging. The bill also provided for automatic fines of $25 per day up to $2,500 for failure to timely file compensation reports. 

 

Florida Ethics Legislative Report: Week Nine

Florida Ethics Legislative Report: Week Nine

 

 

 

For Period Ending May 5, 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

CS/CS/HB 37 – Financial Disclosure for Elected Local Officers

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

 

  • On March 15, 2023, House Bill (HB) HB 37 was reported favorably by the House Local Administration, Federal Affairs & Special Districts Subcommittee.
  • On April 11, 2023, HB 37 (with Proposed Committee Substitute) was voted favorably out of the House State Affairs Committee.
  • On April 12, 2023, the Senate passed the companion bill amended CS/SB 774 with a vote of 35 to 5. See CS/SB 774 below.
  • The House tabled HB 37 and substituted it for the Senate companion bill CS/SB 774. On April 26, 2023, the House passed CS/SB 774 with a vote of 113 to 2.

Thus, CS/SB 774 will be sent to the Governor for signature. 

 

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 amends the financial disclosure requirements of s. 112.3144, F.S., to require employees of the Commission on Ethics to file a “Full and Public Disclosure of Financial Interests” as opposed to the less stringent “Statement of Financial Interests” they currently file.

 

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 certain 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. 

 

Companion to Senate Bill (SB) 774.

 

CS/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 14, 2023, amended HB 199 (with Committee Substitute) was reported favorably by the Ethics, Elections & Open Government Subcommittee.
  • On March 29, 2023, CS/HB 199 was reportedly favorably by the Local Administration, Federal Affairs & Special Districts Subcommittee by unanimous vote.
  • On April 11, 2023, CS/HB 199 was voted favorably out of the House State Affairs Committee.
  • On April 26, 2023, the House passed CS/HB 199 by a unanimous vote of 116 to 0.
  • The Senate substituted CS/SB 620 for the House bill and on May 2, 2023, the Senate passed CS/HB 199 by a unanimous vote of 40 to 0.

Thus, CS/HB 199 will be sent to the Governor for signature. 

 

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 bill 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 four hours of ethics education annually and specifies the requirements of such training. 

 

Companion to SB 620

CS/HB 487 – Department of Financial Services

The bill is co-sponsored by Representatives Salzman and Benjamin. 

 

  • On March 21, 2023, amended HB 487 was reported favorably (with Committee Substitute) out of the House Insurance & Banking Subcommittee by unanimous vote.
  • On April 12, 2023, amended CS/HB 487 was reported favorably by the House Appropriations Committee by unanimous vote.
  • On April 17, 2023, CS/HB 487 was voted favorably (with Committee Substitute) by the House Commerce Committee.
  • On April 26, 2023, the House passed CS/HB 487 with a vote of 75 to 40. Thereafter, the bill was sent to the Senate.
  • The Senate tabled the companion bill, SB 1158, and substituted the House bill. The Senate then amended and passed CS/HB 487 with a unanimous vote of 37 to 0. Because of the amendments to CS/HB 487, the Senate then sent the amended bill back to the House for approval.
  • On May 3, 2023, the House approved CS/HB 487, as amended by the Senate, with a unanimous vote of 112 to 0.

Thus, the engrossed CS/SB 487 will be sent to the Governor for signature. 

 

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. 

 

Companion to SB 1158.

HB 7067- Elections

The bill sponsor is Representative McClure.

 

  • On April 19, 2023, the bill was voted favorably by the House State Affairs Committee.
  • On April 26, 2023, the Senate passed the companion bill amended CS/SB 7050 by a vote of 28 to 12.
  • On April 28, 2023, the House substituted HB 7067 for the Senate bill and passed amended CS/SB 7050 by a vote of 76 to 34.

Thus, SB 7050 will be sent to the Governor for signature. 

 

The bill provides and revises provisions relating to signature matching training, third-party voter registration organizations, public records exemption, voter information cards, voter registration records maintenance activities, duty of officials to furnish certain information, candidate oath, ballots, signature verification, vote-by-mail ballots, vote-by-mail ballot requests, canvass of vote-by-mail ballots, Elections Canvassing Commission, presidential electors, write-in candidates, political party office candidate qualifying, Office of Election Crimes, prosecution of election crimes, certain notices, reporting schedules, & voter guides; provides criminal penalties & fines.

 

Portions of the bill seek to clarify Florida’s “resign to run” law, s. 99.012, F.S., to provide that “Any person seeking the office of President or Vice President of the United States is not subject to the requirements of chapter 99, Florida Statutes, which govern candidate qualifying, specifically those which require the submission of certain documents, full and public disclosures of financial interests, petition signatures, or the payment of filing fees.”

 

Portions of the bill germane to ethics amends s. 99.021, F.S., to require that candidates for public office, at the time of qualifying, to disclose any outstanding fines in excess of $250 for ethics violations of Art. II, s. 8, Fla. Const., Code of Ethics, any local ordinance governing standards of conduct, or Ch. 106, F.S.

The bill is similar to SB 7050. 

 

 

HB 1477 – Insurance

The bill has been co-sponsored by Representatives Driskell; Arrington; Bracy; Davis; Cassel; Cross; Daley; Eskamani; Gantt; Gottlieb; Harris; Hinson; Hunschofsky; Joseph; Nixon; Rayner-Goolsby; Robinson, F.; Skidmore; Valdés; Waldron; and Woodson.

 

  • The bill never made it out of the House Insurance and Banking Subcommittee and, thus, died. 
 

The bill pertains largely to the creation of the Property Insurance Commission; provides for election of Commissioner of Insurance Regulation; revises homeowners’ eligibility criteria for mitigation grants; requires interests earned on insurance proceeds received by mortgagees & assignees to be paid to insureds; prohibits property insurers from claiming insolvency under certain circumstances; authorizes persons that engage in property insurance activities in other states to engage in insurance activities in this state only under certain circumstances; requires property insurers to cap premiums or to create sliding fee scales for premium rates; prohibits property insurers from using certain defenses as claims denials; revises requirements for risk assignment agreements; requires OPPAGA to conduct study of effectiveness of property insurance mediation program.

Portions of the bill germane to the Code of Ethics would create s. 112.3134, F.S., which would impose a seven-year post-officeholding restriction prohibiting former commissioners of the Property Insurance Commission from personally representing another person or entity before the Office of Insurance Regulation or from serving as an employee or contractor of an entity regulated by the Office of Insurance Regulation.

 

Companion to SB 1688

 

Florida Senate

CS/CS/SB 620 – Ethics Requirements for Officers and Employees of Special Tax Districts

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

 

  • On March 14, 2023, the amended CS/SB 620 (with Committee Substitute) was reported favorably by the Senate Ethics & Elections Committee by unanimous vote.
  • On April 5, 2023, amended bill (with Committee Substitute) was approved favorably by the Senate Governmental Oversight and Accountability Committee by unanimous vote.
  • On April 19, 2023, CS/CS/SB 620 was reported favorably by the Senate Rules Committee by unanimous vote.
  • On April 26, 2023, the House passed the companion bill CS/HB 199 by a unanimous vote of 116 to 0.
  • The Senate substituted CS/SB 620 for the House bill and on May 2, 2023, the Senate passed CS/HB 199 by a unanimous vote of 40 to 0.

Thus, CS/HB 199 will be sent to the Governor for signature. 

 

The amended bill seeks to modify portions of the Code of Ethics, s. 112.313(7)(a)1, F.S., containing an exemption to the conflicting employment and contractual relationships prohibition thereby 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 four hours of ethics education annually and specifies the requirements of such training. 

 

Companion to HB 199.

CS/CS/SB 774 – Ethics Requirements for Public Officials

The bill sponsor is Senator Brodeur. 

 

  • On March 14, 2023, the amended CS/SB 774 (with Proposed Committee Substitute No. 606398) was reported favorably by the Senate Ethics & Elections Committee.
  • On March 30, 2023, the amended CS/SB 774 (with Committee Substitute) was reported favorably by the Senate Rules committee.
  • On April 5, 2023, Committee Substitute No. 372388 was filed and was adopted on April 11, 2023.
  • On April 12, 2023, the Senate passed amended CS/CS/SB 774 with a vote of 35 to 5.
  • The House tabled its companion bill, HB 37, and substituted it for CS/SB 774. On April 26, 2023, the House passed CS/SB 774 with a vote of 113 to 2.

Thus, CS/SB 774 will be sent to the Governor for signature.

  • ◇ The amended bill CS/SB 774 contains five of the Commission on Ethics’ Legislative Recommendations which the agency has sought for years.  
 

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 CRAs 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 amends the financial disclosure requirements of s. 112.3144, F.S., to require employees of the Commission on Ethics to file a “Full and Public Disclosure of Financial Interests” as opposed to the less stringent “Statement of Financial Interests.” 

 

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 certain 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. 

 

Companion to HB 37.

SB 7050 – Elections

The SBP is a General Bill by Ethics and Elections. 

 

  • On April 4, 2023, the bill was reported favorably by the Senate Ethics and Elections Committee.
  • On April 20, 2023, the bill (with Committee Substitute) was reported favorably by the Senate Fiscal Policy Committee.
  • On April 26, 2023, the Senate passed amended CS/SB 7050 by a vote of 28 to 12.
  • On April 28, 2023, the House substituted HB 7067 for the Senate bill and passed amended CS/SB 7050 by a vote of 76 to 34.

Thus, SB 7050 will be sent to the Governor for signature. 

 

The bill requires the Secretary of State to provide mandatory formal signature matching training to specified persons; authorizing the Office of Election Crimes and Security to review complaints and conduct preliminary investigations relating to any alleged election irregularity involving the Florida Election Code; requiring first-time applicants registering to vote in this state to comply with specified identification requirements; requiring third-party voter registration organizations to inform the Division of Elections as to the general election cycle for which they are registering persons to vote; deleting the scheduled repeal of a public records exemption for certain voter registration information from another state or the District of Columbia, etc.

 

The amended bill seeks to clarify Florida’s “resign to run” law, s. 99.012, F.S., to provide that any person seeking the office of President or Vice President of the United States is not subject to the requirements of chapter 99, Florida Statutes, which govern candidate qualifying, specifically those which require the submission of certain documents, full and public disclosures of financial interests, petition signatures, or the payment of filing fees.

 

Portions of the bill germane to ethics amends s. 99.021, F.S., to require that candidates for public office, at the time of qualifying, to disclose any outstanding fines in excess of $250 for ethics violations of Art. II, s. 8, Fla. Const., Code of Ethics, any local ordinance governing standards of conduct, or Ch. 106, F.S. 

 

The bill is similar to HB 7067.

CS/CS/SB 1158 – Department of Financial Services

The bill sponsor is Senator DiCeglie. 

 

  • On March 22, 2023, the amended SB 1158 (with Committee Substitute) was reported favorably by the Senate Banking and Insurance Committee by unanimous vote.
  • On April 12, 2023, SB 1158 was reported favorably (with Committee Substitute) by the Senate Appropriations Committee on Agriculture, Environment, and General Government by unanimous vote.
  • On April 20, 2023, the bill was reported favorably (with Committee Substitute) by the Senate Fiscal Policy Committee by unanimous vote.
  • On April 26, 2023, the House passed CS/HB 487 with a vote of 75 to 40. Thereafter, the bill was sent to the Senate.
  • The Senate tabled the companion bill, SB 1158, and substituted it for the House bill. The Senate then amended and passed CS/HB 487 with a unanimous vote of 37 to 0. Because of the amendments to CS/HB 487, the Senate then sent the amended bill back to the House for approval.
  • On May 3, 2023, the House approved CS/HB 487, as amended by the Senate, with a unanimous vote of 112 to 0.

Thus, the engrossed CS/SB 487 will be sent to the Governor for signature. 

 

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. 

 

Companion to HB 487.

SB 1316 – Information Dissemination

The bill sponsor is Senator Brodeur. 

 

  • The bill was referred to Senate Judiciary, Appropriations Committee on Criminal and Civil Justice, as well as Fiscal Policy committees. However, the bill never made it out of committees and died. 
 

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.

 

SB 1688 – Insurance

The bill is sponsored by Senator Jones. 

 

  • The bill was referred to the Senate Banking and Insurance; Appropriations Committee on Agriculture, Environment, and General Government; Fiscal Policy Committees. However, the bill never made it out of committees and died. 

 

The bill pertains largely to the creation of the Property Insurance Commission; revising homeowners’ eligibility criteria for mitigation grants under the My Safe Florida Home Program; prohibiting property insurers from claiming insolvency under specified circumstances; prohibiting property insurers from using certain defenses for claims denials, etc.

 

Portions of the bill germane to the Code of Ethics would create s. 112.3134, F.S., which would impose a seven-year post-officeholding restriction prohibiting former commissioners of the Property Insurance Commission from personally representing another person or entity before the Office of Insurance Regulation or from serving as an employee or contractor of an entity regulated by the Office of Insurance Regulation.

 

The bill is the companion to HB 147.

SB 2502 – Implementing the 2023-2024 General Appropriations Act

The bill is a General Bill by Appropriations. 

 

  • On March 28, 2023, SB 2502 was reported favorably out of the Senate Appropriations Committee by unanimous vote.
  • On April 3, 2023, the Senate approved SB 2502 by a vote of 39-0. The Senate requested that the House pass the bill as passed by the Senate.
  • On April 4, 2023, the House passed the bill by a vote of 112-0.

Thus, SB 2502 will be sent to the Governor for signature.

 

The bill seeks to implement the 2023-2024 General Appropriations Act by incorporating by reference certain calculations of the Florida Education Finance Program; revising the limitation on enrollment of full-time equivalent virtual students residing outside of school districts; authorizing school districts to adopt specified salary incentives and other strategies under certain circumstances; extending for 1 fiscal year the exemption of certain rules pertaining to the medical use of marijuana from certain rulemaking requirements; requiring certain sheriffs’ offices to transfer child protective investigation services to the Department of Children and Families, etc.

 

Portions of the bill impact the Code of Ethics by reenacting and amending provisions within the financial disclosure statute requiring the full and public disclosure of financial interests, s. 112.3144, F.S., requiring the Commission on Ethics to accept federal income tax returns, financial statements, and other forms or attachments showing sources of income for a specified purpose in financial disclosure filed electronically via the electronic filing system overseen by the Commission. The bill requires that if a filer elects to include a federal income tax return with their financial disclosure filing, they must include income tax return attachments and schedules with a filing. The bill deletes the prohibition on including a federal income tax returns or a copy thereof for financial disclosures filed electronically and requires the Commission to allow a filer to include attachments and other supporting documentation with his or her disclosure. The bill revises the notice the Commission sends to specified persons. The bill requires that financial disclosure statements be filed using the Commission’s electronic filing system after January 1, 2023 and deletes provisions relating to financial statements filed by mail. The bill revises a provision requiring the commission to adopt a specified rule and provides for the future expiration and reversion of specified statutory text.

 

Portions of the bill seek to reenact and amend Code of Ethics s. 112.3145, F.S., governing the disclosure of financial interests applicable to certain public officers and employees, by deleting the prohibition on including a federal income tax return or a copy thereof for financial disclosures filed after January 1, 2024. The bill requires the Commission on Ethics to allow a filer to include attachments and other supporting documentation with his or her financial disclosure. The bill revises the notice the Commission sends to specified persons and provides for the future expiration and reversion of specified statutory text.

 

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 Legislative Report: Week Eight

Florida Ethics Legislative Report: Week Eight

 

 

 

For Period Ending April 28, 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

CS/CS/HB 37 – Financial Disclosure for Elected Local Officers

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

 

  • On March 15, 2023, House Bill (HB) HB 37 was reported favorably by the House Local Administration, Federal Affairs & Special Districts Subcommittee.
  • On April 11, 2023, HB 37 (with Proposed Committee Substitute) was voted favorably out of the House State Affairs Committee.
  • On April 12, 2023, the Senate passed the companion bill amended CS/SB 774 with a vote of 35 to 5. See CS/SB 774 below.
  • The House tabled HB 37 and substituted it for the Senate companion bill CS/SB 774. On April 26, 2023, the House passed CS/SB 774 with a vote of 113 to 2.

Thus, CS/SB 774 will be sent to the Governor for signature.

 

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 amends the financial disclosure requirements of s. 112.3144, F.S., to require employees of the Commission on Ethics to file a “Full and Public Disclosure of Financial Interests” as opposed to the less stringent “Statement of Financial Interests” they currently file.

 

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 certain 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.

 

Companion to Senate Bill (SB) 774.

CS/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 14, 2023, amended HB 199 (with Committee Substitute) was reported favorably by the Ethics, Elections & Open Government Subcommittee.
  • On March 29, 2023, CS/HB 199 was reportedly favorably by the Local Administration, Federal Affairs & Special Districts Subcommittee by unanimous vote.
  • On April 11, 2023, CS/HB 199 was voted favorably out of the House State Affairs Committee.
  • On April 26, 2023, the House passed CS/HB 199 by a unanimous vote of 116 to 0.
 

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 bill 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 

CS/HB 487 – Department of Financial Services

The bill is co-sponsored by Representatives Salzman and Benjamin. 

 

  • On March 21, 2023, amended HB 487 was reported favorably (with Committee Substitute) out of the House Insurance & Banking Subcommittee by unanimous vote.
  • On April 12, 2023, amended CS/HB 487 was reported favorably by the House Appropriations Committee by unanimous vote.
  • On April 17, 2023, CS/HB 487 was voted favorably (with Committee Substitute) by the House Commerce Committee.
  • On April 21, 2023, House Floor Amendment No. 186023, Amendment No. 355413, and Amendment No. 880299 were filed. The House adopted all three amendments on April 25, 2023.
  • On April 26, 2023, the House passed amended CS/HB 487 with a vote of 75 to 40.
  • The Senate substituted CS/SB 1158 for the House bill and on April 28, 2023, the Senate passed CS/HB 487 with a unanimous vote of 37 to 0.

Thus, CS/SB 487 will be sent to the Governor for signature.

 

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.

HB 7067- Elections

  • The bill sponsor is Representative McClure.
  • On April 19, 2023, the bill was voted favorably by the House State Affairs Committee.
  • On April 26, 2023, the Senate passed the companion bill amended CS/SB 7050 by a vote of 28 to 12.
  • On April 28, 2023, the House substituted HB 7067 for the Senate bill and passed amended CS/SB 7050 by a vote of 76 to 34.

Thus, SB 7050 will be sent to the Governor for signature.

 

The bill provides and revises provisions relating to signature matching training, third-party voter registration organizations, public records exemption, voter information cards, voter registration records maintenance activities, duty of officials to furnish certain information, candidate oath, ballots, signature verification, vote-by-mail ballots, vote-by-mail ballot requests, canvass of vote-by-mail ballots, Elections Canvassing Commission, presidential electors, write-in candidates, political party office candidate qualifying, Office of Election Crimes, prosecution of election crimes, certain notices, reporting schedules, & voter guides; provides criminal penalties & fines.

 

Portions of the bill germane to ethics amends s. 99.021, F.S., to require that candidates for public office, at the time of qualifying, to disclose any outstanding fines in excess of $250 for ethics violations of Art. II, s. 8, Fla. Const., Code of Ethics, any local ordinance governing standards of conduct, or Ch. 106, F.S.

 

The bill is similar to SB 7050. 

HB 1477 – Insurance

The bill has been co-sponsored by Representatives Driskell; Arrington; Bracy; Davis; Cassel; Cross; Daley; Eskamani; Gantt; Gottlieb; Harris; Hinson; Hunschofsky; Joseph; Nixon; Rayner-Goolsby; Robinson, F.; Skidmore; Valdés; Waldron; and Woodson. 

 

  • The bill is now in the House Insurance and Banking Subcommittee.
 

The bill pertains largely to the creation of the Property Insurance Commission; provides for election of Commissioner of Insurance Regulation; revises homeowners’ eligibility criteria for mitigation grants; requires interests earned on insurance proceeds received by mortgagees & assignees to be paid to insureds; prohibits property insurers from claiming insolvency under certain circumstances; authorizes persons that engage in property insurance activities in other states to engage in insurance activities in this state only under certain circumstances; requires property insurers to cap premiums or to create sliding fee scales for premium rates; prohibits property insurers from using certain defenses as claims denials; revises requirements for risk assignment agreements; requires OPPAGA to conduct study of effectiveness of property insurance mediation program.

 

Portions of the bill germane to the Code of Ethics would create s. 112.3134, F.S., which would impose a seven-year post-officeholding restriction prohibiting former commissioners of the Property Insurance Commission from personally representing another person or entity before the Office of Insurance Regulation or from serving as an employee or contractor of an entity regulated by the Office of Insurance Regulation.

 

 

Companion to SB 1688

Florida Senate

CS/CS/SB 620 – Ethics Requirements for Officers and Employees of Special Tax Districts

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

 

  • On March 14, 2023, the amended CS/SB 620 (with Committee Substitute) was reported favorably by the Senate Ethics & Elections Committee by unanimous vote.
  • On April 5, 2023, amended bill (with Committee Substitute) was approved favorably by the Senate Governmental Oversight and Accountability Committee by unanimous vote.
  • On April 19, 2023, CS/CS/SB 620 was reported favorably by the Senate Rules Committee by unanimous vote.
  • On April 27, 2023, the bill was placed on the Senate Special Order Calendar. 
 

The amended bill seeks to modify portions of the Code of Ethics, s. 112.313(7)(a)1, F.S., containing an exemption to the conflicting employment and contractual relationships prohibition thereby 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 HB 199. 

CS/CS/SB 774 – Ethics Requirements for Public Officials

The bill sponsor is Senator Brodeur. 

 

  • On March 14, 2023, the amended CS/SB 774 (with Proposed Committee Substitute No. 606398) was reported favorably by the Senate Ethics & Elections Committee.
  • On March 30, 2023, the amended CS/SB 774 (with Committee Substitute) was reported favorably by the Senate Rules committee.
  • On April 5, 2023, Committee Substitute No. 372388 was filed and was adopted on April 11, 2023.
  • On April 12, 2023, the Senate passed amended CS/CS/SB 774 with a vote of 35 to 5.
  • The House tabled its companion bill, HB 37, and substituted it for CS/SB 774. On April 26, 2023, the House passed CS/SB 774 with a vote of 113 to 2.

Thus, CS/SB 774 will be sent to the Governor for signature.

  • ◇ The amended bill CS/SB 774 contains five of the Commission on Ethics’ Legislative Recommendations which the agency has sought for years.  
 

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 CRAs 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 amends the financial disclosure requirements of s. 112.3144, F.S., to require employees of the Commission on Ethics to file a “Full and Public Disclosure of Financial Interests” as opposed to the less stringent “Statement of Financial Interests.” 

 

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 certain 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. 

 

Companion to HB 37. 

SB 7050 – Elections

The SBP is a General Bill by Ethics and Elections.

 

  • On April 4, 2023, the bill was reported favorably by the Senate Ethics and Elections Committee.
  • On April 20, 2023, the bill (with Committee Substitute) was reported favorably by the Senate Fiscal Policy Committee.
  • On April 25, 2023, Amendment No. 333316 was filed and the amendment was adopted on April 26, 2023. Amendment No. 333316 amends Florida’s “resign to run” law, s. 99.012, F.S., to clarify that “Any person seeking the office of President or Vice President of the United States is not subject to the requirements of chapter 99, Florida Statutes, which govern candidate qualifying, specifically those which require the submission of certain documents, full and public disclosures of financial interests, petition signatures, or the payment of filing fees.”
  • On April 26, 2023, the Senate passed amended CS/SB 7050 by a vote of 28 to 12. 
  • On April 28, 2023, the House substituted HB 7067 for the Senate bill and passed amended CS/SB 7050 by a vote of 76 to 34.

Thus, SB 7050 will be sent to the Governor for signature.

 

The bill requires the Secretary of State to provide mandatory formal signature matching training to specified persons; authorizing the Office of Election Crimes and Security to review complaints and conduct preliminary investigations relating to any alleged election irregularity involving the Florida Election Code; requiring first-time applicants registering to vote in this state to comply with specified identification requirements; requiring third-party voter registration organizations to inform the Division of Elections as to the general election cycle for which they are registering persons to vote; deleting the scheduled repeal of a public records exemption for certain voter registration information from another state or the District of Columbia, etc.

 

The amended bill seeks to clarify Florida’s “resign to run” law, s. 99.012, F.S., to provide that any person seeking the office of President or Vice President of the United States is not subject to the requirements of chapter 99, Florida Statutes, which govern candidate qualifying, specifically those which require the submission of certain documents, full and public disclosures of financial interests, petition signatures, or the payment of filing fees.

 

Portions of the bill germane to ethics amends s. 99.021, F.S., to require that candidates for public office, at the time of qualifying, to disclose any outstanding fines in excess of $250 for ethics violations of Art. II, s. 8, Fla. Const., Code of Ethics, any local ordinance governing standards of conduct, or Ch. 106, F.S. 

 

The bill is similar to HB 7067. 

CS/CS/SB 1158 – Department of Financial Services

The bill sponsor is Senator DiCeglie. 

  • On March 22, 2023, the amended SB 1158 (with Committee Substitute) was reported favorably by the Senate Banking and Insurance Committee by unanimous vote.
  • On April 12, 2023, SB 1158 was reported favorably (with Committee Substitute) by the Senate Appropriations Committee on Agriculture, Environment, and General Government by unanimous vote.
  • On April 20, 2023, the bill was reported favorably (with Committee Substitute) by the Senate Fiscal Policy Committee by unanimous vote.
  • On April 26, 2023, the House passed the companion bill, amended CS/HB 487 with a vote of 75 to 40.
  • The Senate substituted CS/SB 1158 for the House bill and on April 28, 2023, the Senate passed CS/HB 487 with a unanimous vote of 37 to 0.

Thus, CS/SB 487 will be sent to the Governor for signature.

 

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. 

Similar to HB 487 

SB 1316 – Information Dissemination

The bill sponsor is Senator Brodeur. 

 

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

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. 

 

SB 1688 – Insurance

The bill is sponsored by Senator Jones.

 

 

  • The bill has been referred to the Senate Banking and Insurance; Appropriations Committee on Agriculture, Environment, and General Government; Fiscal Policy Committees. 
 

The bill pertains largely to the creation of the Property Insurance Commission; revising homeowners’ eligibility criteria for mitigation grants under the My Safe Florida Home Program; prohibiting property insurers from claiming insolvency under specified circumstances; prohibiting property insurers from using certain defenses for claims denials, etc.

 

Portions of the bill germane to the Code of Ethics would create s. 112.3134, F.S., which would impose a seven-year post-officeholding restriction prohibiting former commissioners of the Property Insurance Commission from personally representing another person or entity before the Office of Insurance Regulation or from serving as an employee or contractor of an entity regulated by the Office of Insurance Regulation.

 

The bill is the companion to HB 1477.

SB 2502 – Implementing the 2023-2024 General Appropriations Act

The bill is a General Bill by Appropriations.

 

  • On March 28, 2023, SB 2502 was reported favorably out of the Senate Appropriations Committee by unanimous vote.
  • On April 3, 2023, the Senate approved SB 2502 by a vote of 39-0. The Senate requested that the House pass the bill as passed by the Senate.
  • On April 4, 2023, the House passed the bill by a vote of 112-0.

Thus, SB 2502 will be sent to the Governor for signature.

 

The bill seeks to implement the 2023-2024 General Appropriations Act by incorporating by reference certain calculations of the Florida Education Finance Program; revising the limitation on enrollment of full-time equivalent virtual students residing outside of school districts; authorizing school districts to adopt specified salary incentives and other strategies under certain circumstances; extending for 1 fiscal year the exemption of certain rules pertaining to the medical use of marijuana from certain rulemaking requirements; requiring certain sheriffs’ offices to transfer child protective investigation services to the Department of Children and Families, etc.

 

Portions of the bill impact the Code of Ethics by reenacting and amending provisions within the financial disclosure statute requiring the full and public disclosure of financial interests, s. 112.3144, F.S., requiring the Commission on Ethics to accept federal income tax returns, financial statements, and other forms or attachments showing sources of income for a specified purpose in financial disclosure filed electronically via the electronic filing system overseen by the Commission. The bill requires that if a filer elects to include a federal income tax return with their financial disclosure filing, they must include income tax return attachments and schedules with a filing. The bill deletes the prohibition on including a federal income tax returns or a copy thereof for financial disclosures filed electronically and requires the Commission to allow a filer to include attachments and other supporting documentation with his or her disclosure. The bill revises the notice the Commission sends to specified persons. The bill requires that financial disclosure statements be filed using the Commission’s electronic filing system after January 1, 2023 and deletes provisions relating to financial statements filed by mail. The bill revises a provision requiring the commission to adopt a specified rule and provides for the future expiration and reversion of specified statutory text.

 

Portions of the bill seek to reenact and amend Code of Ethics s. 112.3145, F.S., governing the disclosure of financial interests applicable to certain public officers and employees, by deleting the prohibition on including a federal income tax return or a copy thereof for financial disclosures filed after January 1, 2024. The bill requires the Commission on Ethics to allow a filer to include attachments and other supporting documentation with his or her financial disclosure. The bill revises the notice the Commission sends to specified persons and provides for the future expiration and reversion of specified statutory text. 

 

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—April Meeting

Florida Ethics Update: Commission on Ethics Determinations—April Meeting

Florida's first District Court of Appeals Building

April 27, 2023

By Caroline Klancke, Esq., Florida Ethics Institute.

During its meeting on Friday, April 21, 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 pre-probable cause settlement agreement entered into between the Commission’s Advocate and Town of Reddington Shores Commission member Jennie Blackburn. The Commission approved and adopted the settlement, finding that Ms. Blackburn filed inaccurate Form 1, “Statement of Financial Interests” financial disclosure filings for the years 2020 and 2021. A civil penalty of $1,000 will be recommended to the Governor for imposition.

 

The Commission granted the Advocate’s Motion to Dismiss Complaint filed against former Miami-Dade Community Council member Charles A. Safdie. The complaint investigation ensued after Mr. Safdie failed to file the required file financial disclosure filing (Form 1 “Statement of Financial Interests”) for the year 2018. In approving the Motion to Dismiss the Commission agreed with the analysis that, in light of additional evidence deduced in preparation for an administrative hearing and which indicated that Mr. Safdie had already been removed from his public position, the public interest would not be served by pursing the matter further. 

 

The Commission also adopted two advisory opinions providing guidance to public officers. In the first advisory opinion, the Commission found that a City Council member would have a prohibited voting conflict if she voted on whether the City should proceed with a septic-to-sewer conversion project which would involve her own private residence as the vote could inure to her own special private gain or loss. 

 

In the second opinion, the Commission provided guidance to Brevard County School District teachers and administrators who are also members and directors of the nonprofit corporation, the Brevard Alliance of Black School Educators (Brevard ABSE), regarding whether the School District’s purchase of an institutional membership with the nonprofit would give rise to prohibited conflicts of interest for the members. The Commission found that only those Brevard County School District administrators, such as the Superintendent, with the authority to approve purchasing and involved in the School District’s approval process for transactions with Brevard ABSE would have a prohibited conflict of interest. The Commission further opined that all other teachers and administrators who are members or directors of Brevard ABSE would not have a prohibited conflict.

Executive Session

 

During its closed session meeting (wherein confidential and exempt matters are addressed) the Commission took action on 31 matters. Ten of those matters were ethics complaints considered for probable cause. In a press release issued on April 26, 2023, the Commission issued the following findings.

 

The Commission considered an ethics complaint filed against St. Johns County Airport Authority Attorney, Douglas Burnett, and found no probable cause to believe that he abused his position to obtain a disproportionate benefit; misused his position as the Airport Authority Attorney by handling the review of rezoning matters within the bounds of the airport’s overlay district at the staff level; misused his position by not reporting an employee’s outside employment; that he had an employment or contractual relationship that conflicted with his public duties when he represented the Airport Authority and the developer; that he used information only available to him and gained by reason of his official position for his own benefit; or that he violated an additional ethics standard applicable to government attorneys by providing legal services to a developer who was seeking approval from the Airport Authority.

 

The Commission considered a complaint filed against the former Director of Compliance for the City of Destin, Joey Forgione, and found that there was no probable cause to believe that he abused his position to obtain a disproportionate benefit or that he misused his public position by owning and operating two private businesses, during City business hours, and while he was employed by the City.

In a complaint filed against Randall Fine, Florida House of Representatives member for District 33, the Commission rejected the recommendation of its Advocate and found probable cause to believe that Mr. Fine violated the ethics laws by abusing his position to obtain a disproportionate benefit and that he misused his position by threatening to take away State funding over a personal feud with a Brevard County School Board member, and that he interfered in a councilmember’s response to a public records request for communications related to the dispute.

 

The Commission considered a related complaint filed against West Melbourne
Beach City Council member John Dittmore and found no probable cause to believe that Mr. Dittmore abused his position to obtain a disproportionate benefit or that he misused his position by cooperating with Representative Fine to pressure other elected officials to act in a certain manner.

 

In a complaint filed against City of St. Petersburg Mayor, Ken Welch, the Commission found no probable cause to believe that he misused his position or violated the anti-nepotism law regarding the hiring of his relative to a position within the City.

 

The Commission considered a complaint filed against Levy County Commissioner, Russel “Rock” Meeks, Jr., and found probable cause to believe that he failed to file accurate 2017, 2018, 2019, 2020, and 2021 Form 6 financial disclosure filings. However, the Commission elected to take no further action based on his having amended his disclosure filings to correct them and the particular circumstances of the matter.

 

In a complaint filed against Levy County Commissioner, Matthew Brooks, the Commission found probable cause on allegations that he failed to file accurate 2017, 2018, 2019, 2020 and 2021 Form 6 financial disclosures filings—but elected to take no further action based on his having amended his disclosure filings to correct them and the particular circumstances of the matter. However, probable cause was found on an allegation Mr. Brooks had a voting conflict on a measure that would inure to his special private gain or loss—but the Commission elected to take no further action on the matter based on the recommendation of the Commission Advocate. Additional allegations that Mr. Brooks had a prohibited conflict of interest arising from doing business with his own agency or engaging in conflicting business or contractual relationship regarding the County’s purchase of janitorial services from a business in which he has an ownership interest, were dismissed with a finding of no probable cause.

 

The Commission found no probable cause in a complaint filed against a member of the Neptune Beach City Council, Joshua Messinger, alleging that he abused his position to obtain a disproportionate benefit, misused his position, and used information only available to him as a Council member regarding discussions and approval for private parking in the City’s right-of-way or regarding information about software that would help monitor short term rentals that would be in violation of City Code in an area he owned property.

 

In a complaint filed against, Holmes County Commissioner, Brandon Newsome, the Commission found no probable cause on allegations that he abused his position to obtain a disproportionate benefit, misused his position, or had a voting conflict regarding the County’s regulation of garbage services and the need to have a franchise agreement for his roll-off dumpster service business.

 

In a Commission-initiated investigation required by statute, the Commission determined that probable cause existed to believe Broward County Public Schools Principal, Michelle A. Laurent, willfully failed to timely file her 2018 Form 1 “State of Financial Interests” disclosure. However, the Commission elected to take no further action due to the particular circumstances of the matter.

 

The Commission voted to grant the Advocate’s Motion to Dismiss a statutorily required, Commission-initiated investigation concerning whether the former Office of the Governor Systems Project Analyst, Anthony Zoghbi’s failure to file a Form 1, “Statement of Financial Interests,” disclosure for the year 2017 was willful. The Motion to Dismiss indicated that Mr. Zoghbi previously filed a financial disclosure appeal with the Commission that resulted in the maximum automatic fine of $1,500 being rescinded. As the $1,500 maximum fine is necessary to invoke and maintain the Commission’s jurisdiction, the Commission on Ethics dismissed the matter based upon the lack of jurisdiction to proceed.

 

The Commission also voted to grant a request by the complainant to withdraw a complaint filed against Florida Department of Transportation Director of Transportation Development, Stacy Miller.

 

The Commission also reviewed and dismissed 19 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 Legislative Report: Week Seven

Florida Ethics Legislative Report: Week Seven

 

 

 

For Period Ending April 21, 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

CS/CS/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.
  • On March 15, 2023, HB 37 was reported favorably by the House Local Administration, Federal Affairs & Special Districts Subcommittee.
  • On April 7, 2023, a Proposed Committee Substitute was filed for HB 37.
  • On April 11, 2023, HB 37 (with Proposed Committee Substitute) was voted favorably out of the House State Affairs Committee.
  • On April 12, 2023, the bill was added to the House Second Reading Calendar.
  • ◇ CS/CS/HB 37 contains five of the Commission on Ethics’ Legislative Recommendations which the agency has sought for years.  
 

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 certain 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. 

 

Companion to SB 774 

CS/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, amended HB 199 (with Committee Substitute) was reported favorably by the Ethics, Elections & Open Government Subcommittee.
  • On March 29, 2023, CS/HB 199 was reported favorably by the Local Administration, Federal Affairs & Special Districts Subcommittee by unanimous vote.
  • On April 11, 2023, CS/HB 199 was voted favorably out of the House State Affairs Committee.
  • On April 11, 2023, the bill was added to the House Second Reading Calendar.
  • On April 20, 2023, the bill was added to the House Special Order Calendar. 
 

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 bill 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 

CS/HB 487 – Department of Financial Services

The bill is co-sponsored by Representatives Salzman and Benjamin.

 

  • On March 20, 2023, Committee Substitute No. 411811 was filed.
  • On March 21, 2023, amended HB 487 was reported favorably (with the Committee Substitute) out of the House Insurance & Banking Subcommittee by unanimous vote.
  • On April 12, 2023, CS/HB 487 was reported favorably by the House Appropriations Committee by unanimous vote.
  • On April 17, 2023, amended CS/HB 487 was voted favorably (with Committee Substitute) by the House Commerce Committee.
  • On April 20, 2023, the bill was added to the House Special Order calendar.
  • On April 21, 2023, Amendment No. 186023 was filed. 

 

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.

HB 7067- Elections

The bill sponsor is Representative McClure.

 

  • On April 19, 2023, the bill was voted favorably by the House State Affairs Committee.
  • HB 7067 was added to the House Second Reading calendar on April 20, 2023. 
 

The bill provides and revises provisions relating to signature matching training, third-party voter registration organizations, public records exemption, voter information cards, voter registration records maintenance activities, duty of officials to furnish certain information, candidate oath, ballots, signature verification, vote-by-mail ballots, vote-by-mail ballot requests, canvass of vote-by-mail ballots, Elections Canvassing Commission, presidential electors, write-in candidates, political party office candidate qualifying, Office of Election Crimes, prosecution of election crimes, certain notices, reporting schedules, & voter guides; provides criminal penalties & fines.

 

Portions of the bill germane to ethics amends s. 99.021, F.S., to require that candidates for public office, at the time of qualifying, to disclose any outstanding fines in excess of $250 for ethics violations of Art. II, s. 8, Fla. Const., Code of Ethics, any local ordinance governing standards of conduct, or Ch. 106, F.S.

 

The bill is similar to SB 7050. 

HB 1477 – Insurance

The bill has been co-sponsored by Representatives Driskell; Arrington; Bracy; Davis; Cassel; Cross; Daley; Eskamani; Gantt; Gottlieb; Harris; Hinson; Hunschofsky; Joseph; Nixon; Rayner-Goolsby; Robinson, F.; Skidmore; Valdés; Waldron; and Woodson. 

 

  • The bill is now in the House Insurance and Banking Subcommittee.
 

The bill pertains largely to the creation of the Property Insurance Commission; provides for election of Commissioner of Insurance Regulation; revises homeowners’ eligibility criteria for mitigation grants; requires interests earned on insurance proceeds received by mortgagees & assignees to be paid to insureds; prohibits property insurers from claiming insolvency under certain circumstances; authorizes persons that engage in property insurance activities in other states to engage in insurance activities in this state only under certain circumstances; requires property insurers to cap premiums or to create sliding fee scales for premium rates; prohibits property insurers from using certain defenses as claims denials; revises requirements for risk assignment agreements; requires OPPAGA to conduct study of effectiveness of property insurance mediation program.

 

Portions of the bill germane to the Code of Ethics would create s. 112.3134, F.S., which would impose a seven-year post-officeholding restriction prohibiting former commissioners of the Property Insurance Commission from personally representing another person or entity before the Office of Insurance Regulation or from serving as an employee or contractor of an entity regulated by the Office of Insurance Regulation.

 

Companion to SB 1688

Florida Senate

CS/CS/SB 620 – Ethics Requirements for Officers and Employees of Special Tax Districts

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

 

  • On March 13, 2023, Committee Substitute No. 127342 was filed.
  • On March 14, 2023, the amended CS/SB 620 (with Committee Substitute) was reported favorably by the Senate Ethics & Elections Committee by unanimous vote.
  • On April 4, 2023, Committee Substitute No. 901898 was filed.
  • On April 5, 2023, amended bill (with Committee Substitute) was approved favorably by the Senate Governmental Oversight and Accountability Committee by unanimous vote.
  • On April 19, 2023, CS/CS/SB 620 was reported favorably by the Senate Rules Committee by unanimous vote.
  • On April 20, 2023, the bill was placed on the Senate Calendar for second reading. 

 

The amended bill seeks to modify portions of the Code of Ethics, s. 112.313(7)(a)1, F.S., containing an exemption to the conflicting employment and contractual relationships prohibition thereby 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 HB 199.

CS/CS/SB 774 – Ethics Requirements for Public Officials

The bill sponsor is Senator Brodeur. 

 

 

  • On March 13, 2023, Proposed Committee Substitute No. 606398 was filed.
  • On March 14, 2023, the amended CS/SB 774 (with Proposed Committee Substitute No. 606398) was reported favorably by the Senate Ethics & Elections Committee.
  • On March 29, 2023, Committee Substitute No. 643476 was filed.
  • On March 30, 2023, the amended CS/SB 774 (with Committee Substitute) was reported favorably by the Senate Rules committee.
  • On April 5, 2023, Committee Substitute No. 372388 was filed which amends proportions of SB 774 involving the financial disclosure requirements of s. 112.3144, F.S., to require employees of the Commission on Ethics to file a “Full and Public Disclosure of Financial Interests” as opposed to the less stringent “Statement of Financial Interests” they currently file.
  • On April 11, 2023, the Senate adopted Committee Substitute No. 372388.
  • On April 12, 2023, the Senate approved amended CS/CS/SB 774 with a vote of 35-5.
  • ◇ The amended bill CS/SB 774 contains five of the Commission on Ethics’ Legislative Recommendations which the agency has sought for years.  
 

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 CRAs 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 certain 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. 

 

Companion to HB 37. 

SB 7050 – Elections

The SBP is a General Bill by Ethics and Elections. 

 

  • On April 4, 2023, the bill was reported favorably by the Senate Ethics and Elections Committee.
  • On April 20, 2023, the bill was reported favorably by the Senate Fiscal Policy Committee. 

 

The bill requires the Secretary of State to provide mandatory formal signature matching training to specified persons; authorizing the Office of Election Crimes and Security to review complaints and conduct preliminary investigations relating to any alleged election irregularity involving the Florida Election Code; requiring first-time applicants registering to vote in this state to comply with specified identification requirements; requiring third-party voter registration organizations to inform the Division of Elections as to the general election cycle for which they are registering persons to vote; deleting the scheduled repeal of a public records exemption for certain voter registration information from another state or the District of Columbia, etc.

 

Portions of the bill germane to ethics amends s. 99.021, F.S., to require that candidates for public office, at the time of qualifying, to disclose any outstanding fines in excess of $250 for ethics violations of Art. II, s. 8, Fla. Const., Code of Ethics, any local ordinance governing standards of conduct, or Ch. 106, F.S. 

 

The bill is similar to HB 7067.

CS/CS/SB 1158 – Department of Financial Services

The bill sponsor is Senator DiCeglie. 

 

  • On March 21, 2023, Committee Substitute No. 176642 was filed.
  • On March 22, 2023, the amended SB 1158 (with Committee Substitute) was reported favorably by the Senate Banking and Insurance Committee by unanimous vote.
  • On April 12, 2023, SB 1158 was reported favorably by the Senate Appropriations Committee on Agriculture, Environment, and General Government by unanimous vote.
  • On April 20, 2023, the bill was reported favorably by the Senate Fiscal Policy Committee by unanimous vote. 

 

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. 

 

Similar to HB 487 

SB 1316 – Information Dissemination

The bill sponsor is Senator Brodeur.

 

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

 

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.

SB 1688 – Insurance

The bill is sponsored by Senator Jones.

 

  • The bill has been referred to the Senate Banking and Insurance; Appropriations Committee on Agriculture, Environment, and General Government; Fiscal Policy Committees. 

 

The bill pertains largely to the creation of the Property Insurance Commission; revising homeowners’ eligibility criteria for mitigation grants under the My Safe Florida Home Program; prohibiting property insurers from claiming insolvency under specified circumstances; prohibiting property insurers from using certain defenses for claims denials, etc.

 

Portions of the bill germane to the Code of Ethics would create s. 112.3134, F.S., which would impose a seven-year post-officeholding restriction prohibiting former commissioners of the Property Insurance Commission from personally representing another person or entity before the Office of Insurance Regulation or from serving as an employee or contractor of an entity regulated by the Office of Insurance Regulation.

 

The bill is the companion to HB 1477.

SB 2502 – Implementing the 2023-2024 General Appropriations Act

The bill is a General Bill by Appropriations.

 

  • On March 28, 2023, SB 2502 was reported favorably out of the Senate Appropriations Committee by unanimous vote.
  • On April 3, 2023, the Senate approved SB 2502 by a vote of 39-0.
  • On April 4, 2023, the House adopted Amendment No. 600923 and approved amended SB 2502 by a vote of 112-0. 

 

The bill seeks to implement the 2023-2024 General Appropriations Act by incorporating by reference certain calculations of the Florida Education Finance Program; revising the limitation on enrollment of full-time equivalent virtual students residing outside of school districts; authorizing school districts to adopt specified salary incentives and other strategies under certain circumstances; extending for 1 fiscal year the exemption of certain rules pertaining to the medical use of marijuana from certain rulemaking requirements; requiring certain sheriffs’ offices to transfer child protective investigation services to the Department of Children and Families, etc.

 

Portions of the bill impact the Code of Ethics by reenacting and amending provisions within the financial disclosure statute requiring the full and public disclosure of financial interests, s. 112.3144, F.S., requiring the Commission on Ethics to accept federal income tax returns, financial statements, and other forms or attachments showing sources of income for a specified purpose in financial disclosure filed electronically via the electronic filing system overseen by the Commission. The bill requires that if a filer elects to include a federal income tax return with their financial disclosure filing, they must include income tax return attachments and schedules with a filing. The bill deletes the prohibition on including a federal income tax returns or a copy thereof for financial disclosures filed electronically and requires the Commission to allow a filer to include attachments and other supporting documentation with his or her disclosure. The bill revises the notice the Commission sends to specified persons. The bill requires that financial disclosure statements be filed using the Commission’s electronic filing system after January 1, 2023 and deletes provisions relating to financial statements filed by mail. The bill revises a provision requiring the commission to adopt a specified rule and provides for the future expiration and reversion of specified statutory text.

 

Portions of the bill seek to reenact and amend Code of Ethics s. 112.3145, F.S., governing the disclosure of financial interests applicable to certain public officers and employees, by deleting the prohibition on including a federal income tax return or a copy thereof for financial disclosures filed after January 1, 2024. The bill requires the Commission on Ethics to allow a filer to include attachments and other supporting documentation with his or her financial disclosure. The bill revises the notice the Commission sends to specified persons and provides for the future expiration and reversion of specified statutory text.

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 Legislative Report: Week Six

Florida Ethics Legislative Report: Week Six

 

 

 

For Period Ending April 14, 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.
  • On March 15, 2023, Committee Substitute No. 960879 was filed. Committee Substitute No. 960879 was withdrawn at the meeting.
  • On March 15, 2023, HB 37 was reported favorably by the House Local Administration, Federal Affairs & Special Districts Subcommittee.
  • On April 7, 2023, a Proposed Committee Substitute was filed for HB 37.
  • On April 11, 2023, HB 37 (with Proposed Committee Substitute) was voted favorably out of the House State Affairs Committee.
  • HB 37 was added to the House second reading on April 12, 2023.
  • ◇ HB 37 contains five of the Commission on Ethics’ Legislative Recommendations which the agency has sought for years.

 

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 certain 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.

 

Companion to SB 774

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, amended HB 199 (with Committee Substitute) was reported favorably by the Ethics, Elections & Open Government Subcommittee.
  • On March 29, 2023, amended HB 199 was reportedly favorably by the Local Administration, Federal Affairs & Special Districts Subcommittee by unanimous vote.
  • On April 11, 2023, HB 199 was voted favorably out of the House State Affairs Committee.
  • HB 37 was added to the House second reading on April 11, 2023.
 

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 bill 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 is co-sponsored by Representatives Salzman and Benjamin.

 

  • On March 20, 2023, Committee Substitute No. 411811 was filed.
  • On March 21, 2023, amended HB 487 was reported favorably (with the Committee Substitute) out of the House Insurance & Banking Subcommittee by unanimous vote.
  • On April 12, 2023, HB 487 was reported favorably by the House Appropriations Committee by unanimous vote.
  • On April 13, 2023, a Proposed Committee Substitute for HB 487 was filed.
  • ▷ HB 487 is now in the House Commerce Committee and is scheduled to be addressed at its meeting on April 17, 2023, at 2:00 p.m. 
 

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, Committee Substitute No. 127342 was filed.
  • On March 14, 2023, the amended CS/SB 620 (with Committee Substitute) was reported favorably by the Senate Ethics & Elections Committee by unanimous vote.
  • On April 4, 2023, Committee Substitute No. 901898 was filed. 
  • On April 5, 2023, amended bill (with Committee Substitute) was approved favorably by the Senate Governmental Oversight and Accountability Committee by unanimous vote.
  • ▷ The bill is now in the Senate Rules Committee. 
 

The amended bill seeks to modify portions of the Code of Ethics, s. 112.313(7)(a)1, F.S., containing an exemption to the conflicting employment and contractual relationships prohibition thereby 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 HB 199. 

SB  774 – Financial Disclosures for Local Officers

The bill sponsor is Senator Brodeur. 

 

  • On March 13, 2023, Proposed Committee Substitute No. 606398 was filed.
  • On March 14, 2023, the amended CS/SB 774 (with Proposed Committee Substitute No. 606398) was reported favorably by the Senate Ethics & Elections Committee.
  • On March 28, 2023, Committee Substitute No. 846988 was filed. CS 846988 was subsequently withdrawn.
  • On March 29, 2023, Committee Substitute No. 643476 was filed.
  • On March 30, 2023, the amended SB 774 (with Committee Substitute) was reported favorably by the Senate Rules committee.
  • On April 5, 2023, Committee Substitute No. 372388 was filed which amends proportions of SB 774 involving the financial disclosure requirements of s. 112.3144, F.S., to require employees of the Commission on Ethics to file a “Full and Public Disclosure of Financial Interests” as opposed to the less stringent “Statement of Financial Interests” they currently file.
  • On April 11, 2023, the Senate adopted Committee Substitute No. 372388.
  • On April 12, 2023, the Senate approved amended SB 774 with a vote of 35-5.
  • ◇ The amended bill CS/SB 774 contains five of the Commission on Ethics’ Legislative Recommendations which the agency has sought for years.  
 

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 CRAs 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 certain 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. 

 

Companion to HB 37. 

SB  1158 – Department of Financial Services

The bill sponsor is Senator DiCeglie. 

 

  • On March 21, 2023, Committee Substitute No. 176642 was filed.
  • On March 22, 2023, the amended SB 1158 (with Committee Substitute) was reported favorably by the Senate Banking and Insurance Committee by unanimous vote.
  • On April 12, 2023, SB 1158 was reported favorably by the Senate Appropriations Committee on Agriculture, Environment, and General Government by unanimous vote.
  • ▷ The bill is now in the Senate Fiscal Policy Committee. 
 

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. 

 

Similar to HB 487 

SB  1316 –  Information Dissemination

The bill sponsor is Senator Brodeur. 

 

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

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. 

 

SB  2502 – Implementing the 2023-2024 General Appropriations Act

The bill is a General Bill by Appropriations. 

 

  • On March 28, 2023, SB 2502 was reported favorably out of the Senate Appropriations Committee by unanimous vote.
  • On April 3, 2023, the Senate approved SB 2502 by a vote of 39-0.
  • On April 4, 2023, the House adopted Amendment No. 600923 and approved amended SB 2502 by a vote of 112-0. 
 

The bill seeks to implement the 2023-2024 General Appropriations Act by incorporating by reference certain calculations of the Florida Education Finance Program; revising the limitation on enrollment of full-time equivalent virtual students residing outside of school districts; authorizing school districts to adopt specified salary incentives and other strategies under certain circumstances; extending for 1 fiscal year the exemption of certain rules pertaining to the medical use of marijuana from certain rulemaking requirements; requiring certain sheriffs’ offices to transfer child protective investigation services to the Department of Children and Families, etc.

 

Portions of the bill impact the Code of Ethics by reenacting and amending provisions within the financial disclosure statute requiring the full and public disclosure of financial interests, s. 112.3144, F.S., requiring the Commission on Ethics to accept federal income tax returns, financial statements, and other forms or attachments showing sources of income for a specified purpose in financial disclosure filed electronically via the electronic filing system overseen by the Commission. The bill requires that if a filer elects to include a federal income tax return with their financial disclosure filing, they must include income tax return attachments and schedules with a filing. The bill deletes the prohibition on including a federal income tax returns or a copy thereof for financial disclosures filed electronically and requires the Commission to allow a filer to include attachments and other supporting documentation with his or her disclosure. The bill revises the notice the Commission sends to specified persons. The bill requires that financial disclosure statements be filed using the Commission’s electronic filing system after January 1, 2023 and deletes provisions relating to financial statements filed by mail. The bill revises a provision requiring the commission to adopt a specified rule and provides for the future expiration and reversion of specified statutory text.

 

Portions of the bill seek to reenact and amend Code of Ethics s. 112.3145, F.S., governing the disclosure of financial interests applicable to certain public officers and employees, by deleting the prohibition on including a federal income tax return or a copy thereof for financial disclosures filed after January 1, 2024. The bill requires the Commission on Ethics to allow a filer to include attachments and other supporting documentation with his or her financial disclosure. The bill revises the notice the Commission sends to specified persons and provides for the future expiration and reversion of specified statutory text. 

 

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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