HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 37 Financial Disclosures for Local Officers
SPONSOR(S): State Affairs Committee, Ethics, Elections & Open Government Subcommittee, Roach and
others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 774
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Ethics, Elections & Open Government 16 Y, 2 N, As CS Poreda Toliver
Subcommittee
2) Local Administration, Federal Affairs & Special 16 Y, 1 N Roy Darden
Districts Subcommittee
3) State Affairs Committee 16 Y, 0 N, As CS Poreda Williamson
SUMMARY ANALYSIS
The Code of Ethics for Public Officers and Employees (Code of Ethics) establishes ethical standards for public
officials and is intended to ensure that public officials conduct themselves independently and impartially. The
Commission on Ethics (Commission) is an independent commission that, in part, maintains financial disclosure
filings of constitutional officers and state officers and employees, administers fines for late filed annual financial
disclosures, and administers the executive branch lobbying registration and reporting laws .
The bill makes the following changes to the Code of Ethics:
 Requires mayors and elected members of the governing body of a municipality to file the CE Form 6
(Form 6) annual disclosure starting January 1, 2024, instead of the CE Form 1 (Form 1) disclosure.
 Maintains the current requirement that Form 6 filers submit their financial 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 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.
 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 may have a negative, but likely insignificant, impact on state expenditures. See Fiscal Comments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The Code of Ethics for Public Officers and Employees
The Code of Ethics for Public Officers and Employees (Code of Ethics) 1 establishes ethical standards
for public officials and is intended to ensure that public officials conduct themselves independently and
impartially, not using their offices for private gain other than compensation provided by law. 2 The Code
of Ethics pertains to various ethical issues, such as ethics trainings, voting conflicts, full and public
disclosure of financial interests, standards of conduct, and the Commission on Ethics (Commission). 3
Commission on Ethics
The Commission was created by the Legislature in 1974 “to serve as guardian of the standards of
conduct” for state and local public officials and employees. 4 The State Constitution and state law
designate the Commission as the independent commission provided for in s. 8(f), Art. II of the state
constitution.5 Constitutional duties of the Commission consist of conducting investigations and making
public reports on all breach of trust complaints towards public officers or employees not governed by
the judicial qualifications commission.6 In addition to its constitutional duties, the Commission, in part:
 Renders advisory opinions to public officials;7
 Makes recommendations to disciplinary officials when appropriate for violations of ethics and
disclosure laws;8
 Administers the executive Branch lobbying registration and reporting law;9
 Maintains financial disclosure filings of constitutional officers and state officers and
employees;10 and
 Administers automatic fines for public officers and employees who fail to timely file required
annual financial disclosure.11
Lobbyist Registration and Compensation Reporting
Lobbyists must register to lobby the executive branch and the legislative branch in Florida. Executive
branch lobbying is regulated by the Code of Ethics and administered by the Commission. 12 Legislative
branch lobbying is regulated primarily by Joint Rule of the Florida Legislature and administered by the
Office of Legislative Services.13 Both registration systems require lobbyists to annually register for each
principal14 represented and to indicate the entities to be lobbied.15 In addition, lobbying firms must file
1 See Pt. III, Ch. 112, F.S.; see also Art. II, s. 8(h)(1), FLA. CONST .
2 Florida Commission on Ethics , Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees , available
at http://www.ethics.state.fl.us/Documents/Publications/GuideBookletInternet.pdf (last visited March 20, 2023).
3 See Pt. III, Ch. 112, F.S.
4 Florida Commission on Ethics , Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees , available
at http://www.ethics.state.fl.us/Documents/Publications/GuideBookletInternet.pdf (last visited March 20, 2023); See also S. 112.320,
F.S.
5 Article II, s. 8(i)(3), FLA. CONST .; S. 112.320, F.S.
6 Article II, s. 8(f), FLA. CONST .
7 Section 112.322(3)(a), F.S.
8 Section 112.322(2)(b), F.S.
9 Sections 112.3215 and 112.32155, F.S.
10 Section 112.3144, F.S.
11 Section 112.31455, F.S.; see also Florida Commission on Ethics , Guide to the Sunshine Amendment and Code of Ethics for Public
Officers and Employees, available at http://www.ethics.state.fl.us/Documents/Publications/GuideBookletInternet.pdf (last visited
March 20, 2023).
12 Section 112.3215, F.S.
13 Section 11.045, F.S. and Joint Rule 1.
14 Section 112.3215(1)(i), F.S.
15 Section 112.3215(3), F.S.; Joint Rule 1.2
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 quarterly compensation reports.16 Both the Commission and the Legislature have instituted electronic
registration and compensation reporting.17 Executive branch lobbyists, however, must supply a written
oath to complete each registration as well as a signed statement of authority from the principal. 18
State agency employees and employees of legislative and judicial branch entities acting in the normal
course of their duties are exempt from executive branch lobbying registration.19 However, local
government officers and employees must register to lobby the state executive branch.
Compensation reporting is subject to random audits and, in the case of executive branch lobbying
firms, findings of non-compliance are reported to the Commission for investigation. 20
The executive branch lobbyist registration and reporting law provides specific procedures for its
enforcement.21 The Commission reports probable cause findings to the Governor and Cabinet for
appropriate action, which can include a fine up to $5,000 and prohibition from lobbying for up to two
years.22 A person accused of violating the lobbyist registration law may also request a hearing within 14
days of the mailing of the probable cause notification.23
Procedures on Complaints and Violations
Current law requires the Commission to investigate possible violations and other alleged breaches of
the public trust within the Code of Ethics when in receipt of a complaint signed under oath or affirmation
or when a written referral is received from the Governor, the Department of Law Enforcement, a state
attorney, or a United States Attorney.24 The Commission then begins a preliminary investigation of
each legally sufficient complaint to determine if there is probable cause that a violation has occurred. 25
The Commission may, at its discretion, dismiss any complaint or referral at any stage of disposition
should it determine that the public interest would not be served by proceeding further but a report must
be issued stating with particularity its reasons for dismissal.26 The Commission may also dismiss any
complaint or referral if it determines that the violation that is alleged or has occurred is a de minimis
violation attributable to inadvertent or unintentional error;27 however, the Commission may not dismiss
complaints alleging de minimis violations involving financial disclosure statements. 28
Penalties
Current law provides a range of penalty provisions for violations of the Code of Ethics that cover public
officers and employees, former public officers and employees, candidates, and lobbyists and lobbying
firms.29 Depending on the position that the individual holds, there are different penalties that can be
enforced, including:30
 Impeachment, removal from office, or dismissal of employment;
 Suspension from office or employment;
 Disqualification from being on the ballot;
 Demotion;
 Reduction in salary;
 Forfeiture of no more than one-third of his or her salary per month for no more than 12 months;
 Public censure and reprimand;
16 Section 112.3215(5)(a)1., F.S.; Joint Rule 1.4
17 Section 112.32155, F.S.; Joint Rule 1.1(2)(f)
18 Section 112.3215(3), F.S.
19 Section 112.3215(1)(h)2., F.S.
20 Section 112.3215(8)(c), F.S.
21 Section 112.3215(8) and (9), F.S.
22 Sections 112.3215(9) and 112.3215(10), F.S.
23 Section 112.3215(9), F.S.
24 Section 112.324(1), F.S.
25 Section 112.324(3), F.S.
26 Section 112.324(12), F.S.
27 Section 112.324(11)(a), F.S.
28 Section 112.324(11)(b), F.S.
29 Section 112.317(1), F.S.
30 Id.
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  A civil penalty not to exceed $10,000;
 Restitution of any pecuniary benefits received because of the violation committed.
Although the Commission does not have the authority to directly impose the above penalties, in its
findings, the Commission makes recommendations to the appropriate disciplinary authority for the
individual or entity who was found in violation of the Code of the Ethics.31
Disclosure of Financial Interests
The State Constitution requires elected constitutional officers, candidates for such offices, and
statewide elected officers to file full and public disclosure of their financial interests.32 Other public
officers, candidates, and public employees may be required to file a full and public disclosure of their
financial interests as determined by law.33
The term “full and public disclosure of financial interests” means the reporting individual must disclose
his or her net worth and the value of each asset and liability in excess of $1,000.34 The disclosure must
be accompanied by either a copy of the filer’s most recent federal income tax return or a sworn
statement that identifies each separate source and amount of income that exceeds $1,000.35 The
Commission has created by rule CE Form 6 (Form 6) to be used to make the required full and public
financial disclosure.36
Currently, individuals holding the following positions must file Form 6:37
 Governor;
 Lieutenant Governor;
 Cabinet members;
 Legislators;
 State attorneys;
 Public defenders;
 Clerks of circuit court;
 Sheriffs;
 Tax collectors;
 Property appraisers;
 Supervisors of elections;
 County commissioners;
 Elected Superintendents of schools;
 District school board members;
 Jacksonville City Council members, including the mayor;
 Judges of compensation claims;
 Duval County Superintendent of Schools;
 Florida Housing Finance Corporation board members;
 Each member of a large-hub commercial service airport; and
 Each member of an expressway authority, a transportation authority (except the Jacksonville
Transportation Authority), a bridge authority, or a toll authority created pursuant to chapter 348
or chapter 343, F.S., or any other general law.
Reporting individuals must file Form 6 annually with the Commission by 5 p.m. on July 1.38 Additionally,
candidates for a constitutional office must make a full and public disclosure of their financial interests at
the time of qualifying.
31 Section 112.324(3), F.S.
32 Article II, s. 8(a), FLA. CONST .
33 See s. 112.3144(1)(b), F.S.
34 Article II, s. 8(j)(1), FLA. CONST .
35 Id.; see also s. 112.3144, F.S.
36 Section 112.3144(8), F.S.
37 Rule 34-8.003, F.A.C.; see also Commission on Ethics, Filing Information, available at
https://www.ethics.state.fl.us/Documents/Forms/Form1.html#form_6 (last visited March 20, 2023).
38 Section 112.3144(8)(d), F.S.
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 Current law requires a less detailed disclosure of financial interests using the Commission’s CE Form 1
(Form 1) for certain local officers, including all officers holding elected positions in political subdivisions
of the state, other than counties, as well as specified appointive officers.39 Other persons filing Form 1
include specified state officers and employees and persons seeking to qualify as candidates for state or
local office.40
Form 1 requires those individuals to disclose their primary sources of income, other than their public
position, secondary sources of income, real property, intangible personal property, liabilities, and
interests in specific businesses.41
Although no specific dollar values of incomes, property or liabilities are required to be reported, the filer
must report which assets or liabilities exceed certain dollar thresholds. 42 Form 1 filers must disclose all
sources of income in excess of $2,500, excluding public salary, all sources of income from a business
entity that the filers had a material interest in where their gross income was in excess of $5,000 and in
excess of 10 percent of the business’ gross income. Form 1 filers must also disclose any property,
except for their residence or vacation home, in which the person owns more than 5 percent of the value
of the property, as well as any intangible property in excess of $10,000 and any liability in excess of
$10,000.43 Form 1 must be filed annually with the Commission by 5 p.m. on July 1.44
Candidate Qualifications Respecting Financial Disclosures
Under current law, at the time of qualifying for office, each candidate for a constitutional office must file
a full and public disclosure of financial interests pursuant to s. 8, Art. II of the State Constitution, which
must be verified under oath or affirmation. A candidate for any other office, including local elective
office, must file a statement of financial interests.45 When a candidate has qualified for office prior to the
deadline to file an annual financial disclosure, the disclosure filed with the candidate’s qualifying papers
is deemed to satisfy the annual disclosure requirement.46
Beginning January 1, 2023, under the Code of Ethics, an incumbent in an elective office or a candidate
holding another position subject to an annual filing requirement may submit a copy of the financial
disclosure form filed with the Commission, or a verification or receipt of the filing, with the officer before
whom he or she qualifies.47 A candidate not subject to an annual filing requirement does not file with
the Commission, but may complete and print the appropriate financial disclosure form to file with the
officer before whom he or she qualifies.48
Under current law, in order for a candidate to be qualified for nomination or election to office, the filing
officer must receive the full and public disclosure or statement of financial interests by the end of the