2024 Pre-Session Florida Ethics Legislative Report
The 2024 regular Legislative Session commences on January 9 and will adjourn on March 8
2024 Florida Commission on Ethics’ Legislative Recommendations
Each year the Florida Commission on Ethics adopts Legislative Recommendations to strengthen and streamline the Code of Ethics for Public Officers and Employees (Code of Ethics) and for the consideration by the Legislature. Click HERE for the Commission on Ethics’ 2024 Legislative Recommendations regarding proposed changes to the Code of Ethics.
Legislative Tracking—Summaries of bills impacting Florida ethics regulations are listed below:
The following is a list of bills the Florida Ethics Institute (FEI) is tracking during the 2024 legislative session. The selected bills have ethics law implications in Florida. The bills identified are divided into those proposed in the Florida House of Representatives and the Florida Senate.
Florida House of Representatives
HB 735 – Government Accountability
General bill sponsored by Representative Robert Alexander “Alex” Andrade
➢ Now in Local Administration, Federal Affairs & Special Districts
• Related bill SB 734 – Government Accountability
The bill seeks to amend portions of the Code of Ethics, Part III, Ch. 112, F.S., to prohibit individuals from soliciting or accepting anything of value from a foreign country of concern. The bill seeks to adopt s. 112.3262, F.S., within the Code of Ethics to prohibit people from lobbying a county, municipality, or special district without first registering as a lobbyist and establishes requirements for registration, compliance, investigations, and registration fees.
The bill also seeks to amend portions of ss. 125.73, 125.75, 166.021, and 1001.50, F.S., to prohibit entities from renewing or extending certain employment contracts during a specified timeframe. The bill seeks to amend s. 166.041, F.S., to require that only two members of a governing body must be physically present at meeting for quorum purposes and authorizes members to participate in deliberations of governing body through technology.
HB 7005 – OGSR/Financial Disclosure
General Bill by Ethics, Elections & Open Government Subcommittee and Representative Jeff Holcomb
➢ The bill is now in State Affairs Committee
• Related bill SB 7012- OGSR/Secure Login Credentials Held by the Commission on Ethics
The Open Government Sunset Review Act requires the Legislature to review each public record exemption and each public meeting exemption five years after enactment. If the Legislature does not reenact the exemption, it automatically repeals on October 2nd of the fifth year after enactment.
In order to modernize and streamline the financial disclosure filing process, a mandatory electronic filing system for financial disclosures was created in 2019 via the adoption of Code of Ethics s. 112.31446, F.S. Filers required to file full and public disclosure of their financial interests with a Form 6 were required to submit their disclosures electronically beginning January 1, 2023. Those required to file the less detailed disclosure of financial interests via the Form 1 will be required to start submitting their disclosures electronically beginning January 1, 2024.
The bill saves from repeal the public record exemptions for all secure login credentials held by the Commission for the purpose of allowing access to the electronic financial disclosure filing system, as well as information entered into the system for the purposes of making the disclosure. The exemptions will repeal on October 2, 2024, if this bill is not passed.
HB 433 – Workplace Heat Exposure Requirements
General Bill by Representative Tiffany Esposito
HB 433 seeks to adopt actions preempting local heat exposure requirements and other actions by political subdivisions.
Current provisions of the Code of Ethics, s. 112.326, F.S., permit the governing body of any political subdivision to adopt, by ordinance or rule, more stringent standards of conduct and disclosure requirements than those specified in the Code of Ethics—and applicable to the public officers and/or employees of that locality.
FEI is monitoring the progress of this bill because portions the PCS added to Regulatory Reform & Economic Development Subcommittee agenda on Wednesday, December 6, 2023, and which failed to pass on December 13, 2023—sought to adopt s. 448.077, F.S., which would, in part, expressly preempt the “regulation of the terms and conditions of employment . . . to the state.” This broad language could negatively impact more stringent ethics and/or disclosure ordinances adopted by political subdivisions under the authority currently afforded by Code of Ethics, s. 112.326, F.S.
HB 1017 – Insurance
General Bill sponsored by Representative Jervonte Edmonds
• Related bill SB 102-Property Insurance
The bill seeks to create the Property Insurance Commission; provide for the election of the Commissioner of Insurance Regulation; prohibit the commissioner from engaging in certain activities or employment for a specified period after leaving office; prohibit property insurers from claiming insolvency under specified circumstances; require residential property insurers to release specified information to insureds upon request, etc.
Portions of the bill seek to amend the Code of Ethics through the creation of s. 112.3134, F.S., setting forth current and post-office-holding restrictions applicable to the position of Commissioner of Insurance Regulation.
Florida Senate
SB 102 - Property Insurance
General Bill sponsored by Senator Shevrin D. “Shev” Jones
➢ The bill has been referred to Banking and Insurance; Ethics and Elections; Appropriations
• Related bill HB 1017-Property Insurance
The bill seeks to create the Property Insurance Commission; provide for the election of the Commissioner of Insurance Regulation; prohibit the commissioner from engaging in certain activities or employment for a specified period after leaving office; prohibit property insurers from claiming insolvency under specified circumstances; require residential property insurers to release specified information to insureds upon request, etc.
Portions of the bill seek to amend the Code of Ethics through the creation of s. 112.3134, F.S., setting forth current and post-office-holding restrictions applicable to the position of Commissioner of Insurance Regulation.
SB 734 – Government Accountability
General Bill by Senator Blaise Ingoglia
➢ The bill has been referred to Community Affairs; Ethics and Elections; and Rules Committees.
The bill seeks to amend portions of the Code of Ethics to prohibit individuals from soliciting or accepting anything of value from a foreign country of concern. The bill seeks to adopt s. 112.3262, F.S., within the Code of Ethics to prohibit people from lobbying a county, municipality, or special district without first registering as lobbyist; establishes requirements for registration, compliance, investigations, and registration fees; and requires a Commission on Ethics and Public Trust established by a county or municipality or the Florida Commission on Ethics to investigate a lobbyist or principal upon receipt of a sworn complaint containing allegations that a lobbyist has failed to register or submitted false information in a report or registration.
The bill also seeks to amend portions of ss. 125.75 and 166.021, F.S., to prohibit entities from renewing or extending certain employment contracts during a specified timeframe. The bill seeks to amend s. 166.041, F.S., to require that only two members of a governing body must be physically present at a meeting for quorum purposes and authorizes members to participate in deliberations of governing body through technology.
SB 7012 – OGSR/Secure Login Credentials Held by the Commission on Ethics
General Bill by Ethics and Elections
➢ December 15, 2023, the bill was referred to Governmental Oversight and Accountability; Rules
➢ December 13, 2023, the bill was reported favorably out of the Ethics and Elections Committee
• Related bill HB 7005 – OGSR/Financial Disclosure
The bill seeks to preserve from repeal current public records exemptions protecting the disclosure of secure login credentials held by the Commission on Ethics and certain information entered into the electronic filing system for financial disclosures.
SB 7014 – Ethics
General Bill by Ethics and Elections
➢ The bill has been referred to Rules Committee
The bill seeks to amend portions of the Code of Ethics, s. 112.3122, F.S., to increase the maximum fine for violations of the newly applicable constitutional lobbying restrictions contained in Art. II, Section 8(f), Fla. Const., from $10,000 to $20,000. The bill further seeks to amend the Florida Commission on Ethics’ membership requirements contained in s. 112.321, F.S., to prohibit members from serving more than two full terms, instead of two full terms in succession, as it currently provides.
The bill seeks to amend the ethics complaint statute, s. 112.324, F.S., to expedite the complaint investigation process undertaken by the Commission on Ethics. For example, the bill seeks to require that the Commission make a determination as to whether a complaint is technically sufficient “no later than 5 days after receiving the complaint” and make a determination as to legal sufficiency of a complaint for investigative purposes “no later than 21 days after receiving the complaint.” Further, the bill seeks to require that if an Order to Investigate is issued, all ethics complaint investigations “must be completed no later than 120 days after the beginning of the preliminary investigation” and further requires that the Commission “complete the preliminary investigation, including the probable cause determination, no later than 1 year after the beginning of the preliminary investigation.” The bill further seeks to amend the ethics complaint statute to require that “[a]t least six members of the commission must vote to reject or deviate from a recommendation of counsel to the commission.” Currently the Commission may reject or deviate from a recommendation of its attorney (referred to as “Commission Advocate”) by majority vote.