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Florida Senate
-
2026
SB 1622
By
Senator Rodriguez
40-00762A-26 20261622__
1 A bill to be entitled
2 An act relating to penalties for late-filed
3 disclosures or statements of financial interests;
4 amending ss. 112.3144 and 112.3145, F.S.; prohibiting
5 the assessment of a fine for a reporting person’s
6 first late filing of a disclosure or statement of
7 financial interests if certain conditions are met;
8 providing applicability; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (f) of subsection (8) of section
13 112.3144, Florida Statutes, is amended to read:
14 112.3144 Full and public disclosure of financial
15 interests.—
16 (8) Forms or fields of information for compliance with the
17 full and public disclosure requirements of s. 8, Art. II of the
18 State Constitution must be prescribed by the commission. The
19 commission shall allow a filer to include attachments or other
20 supporting documentation when filing a disclosure. The
21 commission shall give notice of disclosure deadlines and
22 delinquencies and distribute forms in the following manner:
23 (f)
Except as provided in subparagraph 3., a
Any
person who
24 is required to file full and public disclosure of financial
25 interests and whose name is on the commission’s list, and to
26 whom notice has been sent, but who fails to timely file is
27 assessed a fine of $25 per day for each day late up to a maximum
28 of $1,500; however this $1,500 limitation on automatic fines
29 does not limit the civil penalty that may be imposed if the
30 statement is filed more than 60 days after the deadline and a
31 complaint is filed, as provided in s. 112.324. The commission
32 must provide by rule the grounds for waiving the fine and the
33 procedures by which each person whose name is on the list and
34 who is determined to have not filed in a timely manner will be
35 notified of assessed fines and may appeal. The rule must provide
36 for and make specific that the amount of the fine due is based
37 upon when the disclosure is filed on the electronic filing
38 system created and maintained by the commission as provided in
39 s. 112.31446.
40 1. Upon receipt of the disclosure statement or upon accrual
41 of the maximum penalty, whichever occurs first, the commission
42 shall determine the amount of the fine which is due and shall
43 notify the delinquent person. The notice must include an
44 explanation of the appeal procedure under subparagraph 2. Such
45 fine must be paid within 30 days after the notice of payment due
46 is transmitted, unless appeal is made to the commission pursuant
47 to subparagraph 2. The moneys shall be deposited into the
48 General Revenue Fund.
49 2. Any reporting person may appeal or dispute a fine, based
50 upon unusual circumstances surrounding the failure to file on
51 the designated due date, and may request and is entitled to a
52 hearing before the commission, which may waive the fine in whole
53 or in part for good cause shown. Any such request must be in
54 writing and received by the commission within 30 days after the
55 notice of payment due is transmitted. In such a case, the
56 reporting person must, within the 30-day period, notify the
57 person designated to review the timeliness of reports in writing
58 of his or her intention to bring the matter before the
59 commission. For purposes of this subparagraph, “unusual
60 circumstances” does not include the failure to monitor an e-mail
61 account or failure to receive notice if the person has not
62 notified the commission of a change in his or her e-mail
63 address.
64
3.
A fine may not be assessed against a reporting person
65
the first time a full and public disclosure of financial
66
interests for which he or she is responsible for filing is not
67
timely filed if the full and public disclosure of financial
68
interests was filed before the reporting person accrued the
69
maximum automatic fine for that filing year and the reporting
70
person has not previously received a waiver of an automatic fine
71
pursuant to this subparagraph or s. 112.3145(8)(f)3. The
72
automatic fine shall be assessed, however, if the reporting
73
person has in a previous year accrued the maximum automatic fine
74
pursuant to this subparagraph or s. 112.3145(8)(f), or if he or
75
she has previously received a waiver of an automatic fine
76
pursuant to this subparagraph or s. 112.3145(8)(f)3. This
77
subparagraph applies to fines that began to accrue pursuant to
78
this paragraph after September 1, 2026.
79 Section 2. Paragraph (f) of subsection (8) of section
80 112.3145, Florida Statutes, is amended to read:
81 112.3145 Disclosure of financial interests and clients
82 represented before agencies.—
83 (8) Beginning January 1, 2024, forms for compliance with
84 the disclosure requirements of this section and a current list
85 of persons subject to disclosure must be created by the
86 commission. The commission shall allow a filer to include
87 attachments or other supporting documentation when filing a
88 disclosure. Beginning January 1, 2024, the commission shall give
89 notice of disclosure deadlines, delinquencies, and instructions
90 in the following manner:
91 (f)
Except as provided in subparagraph 3., a
Any
person
92 required to file a statement of financial interests whose name
93 is on the commission’s list, and to whom notice has been sent,
94 but who fails to timely file is assessed a fine of $25 per day
95 for each day late up to a maximum of $1,500; however, this
96 $1,500 limitation on automatic fines does not limit the civil
97 penalty that may be imposed if the statement is filed more than
98 60 days after the deadline and a complaint is filed, as provided
99 in s. 112.324. The commission must provide by rule the grounds
100 for waiving the fine and procedures by which each person whose
101 name is on the list and who is determined to have not filed in a
102 timely manner will be notified of assessed fines and may appeal.
103 The rule must provide for and make specific that the amount of
104 the fine is based upon the date and time that the disclosure is
105 filed on the electronic filing system as provided in s.
106 112.31446.
107 1. Beginning January 1, 2024, for a specified state
108 employee, state officer, or local officer, upon receipt of the
109 disclosure statement by the commission or upon accrual of the
110 maximum penalty, whichever occurs first, the commission shall
111 determine the amount of the fine which is due and shall notify
112 the delinquent person. The notice must include an explanation of
113 the appeal procedure under subparagraph 2. The fine must be paid
114 within 30 days after the notice of payment due is transmitted,
115 unless appeal is made to the commission pursuant to subparagraph
116 2. The moneys are to be deposited into the General Revenue Fund.
117 2. Any reporting person may appeal or dispute a fine, based
118 upon unusual circumstances surrounding the failure to file on
119 the designated due date, and may request and is entitled to a
120 hearing before the commission, which may waive the fine in whole
121 or in part for good cause shown. Any such request must be in
122 writing and received by the commission within 30 days after the
123 notice of payment due is transmitted. In such a case, the
124 reporting person must, within the 30-day period, notify the
125 person designated to review the timeliness of reports in writing
126 of his or her intention to bring the matter before the
127 commission. For purposes of this subparagraph, the term “unusual
128 circumstances” does not include the failure to monitor an e-mail
129 account or failure to receive notice if the person has not
130 notified the commission of a change in his or her e-mail
131 address.
132
3.
A fine may not be assessed against a reporting person
133
the first time a statement of financial interests for which he
134
or she is responsible for filing is not timely filed if the
135
statement of financial interests was filed before the reporting
136
person accrued the maximum automatic fine for that filing year
137
and the reporting person has not previously received a waiver of
138
an automatic fine pursuant to this subparagraph or s.
139
112.3144(8)(f)3. The automatic fine shall be assessed, however,
140
if the reporting person has in a previous year accrued the
141
maximum automatic fine pursuant to this subparagraph or s.
142
112.3144(8)(f), or if he or she previously received a waiver of
143
an automatic fine pursuant to this subparagraph or s.
144
112.3144(8)(f)3. This subparagraph applies to fines that began
145
to accrue pursuant to this paragraph after September 1, 2026.
146 Section 3. This act shall take effect upon becoming a law.