SB 7014 — Ethics

Florida Senate - 2024 (Proposed Bill) SPB 7014 582-01747A-24 20247014pb Representatives, and the Chief Justice of the Supreme Court.

If the complainant fails to pay such costs and fees voluntarily within 30 days following such finding by the commission, the commission shall forward such information to the Department of Legal Affairs, which shall bring a civil action in a court of competent jurisdiction to recover the amount of such costs and Pagefees 5awarded ofby 10the CODING:commission.

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words underlined are additions.

Florida Senate - 2024 CS for SB 7014 595-02018-24 20247014c1 fees awarded by the commission.

IIPage 5 of the10 StateCODING: Constitution:

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words underlined are additions.

Florida Senate - 2024 (Proposed Bill) SPB 7014 582-01747A-24 20247014pb II of the State Constitution:

(3)(a) A preliminary investigation must shall be undertaken by the commission within 30 days after its receipt of each technically and legally sufficient complaint or referral over which the commission has jurisdiction to determine whether there is probable cause to believe that a violation has occurred.

A complainant may submit an amended complaint up to 60 days after Pagethe 6commission ofreceives 10the CODING:initial complaint.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 7014 595-02018-24 20247014c1 the commission receives the initial complaint.

(b) AnThe investigatorycommission reportshall mustmake bea completeddetermination as to whether a complaint is technically sufficient no later than 1505 days after thereceiving beginning of the preliminarycomplaint. investigation.

If,The at any one meeting of the commission heldshall duringmake a givenPage preliminary6 investigation, at least six members of the10 commissionCODING: determine that additional time is necessary to adequately complete such investigation, the commission may extend the timeframe to complete the preliminary investigation by no more than 60 days.

During such meeting, the commission shall document its reasons for extending the investigation and transmit a copy of such documentation to the alleged violator and complainant no later than 5 days after the extension is ordered.

The investigatory report must be transmitted to the alleged violator and to the counsel representing the commission no later than 5 days after completion of the report.

The counsel representing the commission shall make a written recommendation to the commission for the disposition of the complaint or referral no later than 15 days after he or she receives the completed investigatory report.

The commission shall transmit the counsel’s written recommendation to the alleged violator no later than 5 days after its completion.

The alleged violator has 14 days after the mailing date of the counsel’s recommendation to respond in writing to the recommendation.

(c) Upon receipt of the counsel’s recommendation, the Page 7 of 10 CODING:

Florida Senate - 2024 CS(Proposed forBill) SBSPB 7014 595-02018-24582-01747A-24 20247014c120247014pb commissiondetermination shallas scheduleto whether a probablecomplaint causeis hearinglegally forsufficient theno nextlater executivethan session21 ofdays theafter commissionreceiving forthe whichcomplaint. notice requirements can be met.

(d)The If, upon completion of the preliminary investigation, the commission finds no probable cause to believe that this part has been violated, or that no any other breach of the public trust has been committed, the commission must shall dismissmake thea complaintdetermination oras referralto withwhether the issuance of a publicreferral reportis totechnically the complainant and thelegally allegedsufficient violator,at stating with particularity its reasonsnext formeeting. dismissal.

At(c) thatIf time, the commission determines a complaint or referral andis alltechnically materialsand relatinglegally tosufficient, theit complaintmust orissue referralan shallorder becometo ainvestigate. matter of public record.

(e)An Ifinvestigatory thereport commissionmust findsbe fromcompleted theno preliminarylater investigationthan probable120 causedays toafter believethe thatbeginning this part has been violated or that any other breach of the publicpreliminary trustinvestigation hasand been committed, it must transmitbe aprovided copyto of the orderalleged findingviolator probableand cause to shallcounsel sofor notify the complainantcommission and the alleged violator in writing no later than 5 days after thecompletion date of the probablereport. cause determination.

The counsel for the commission shall make a written recommendation to the commission for the disposition of the complaint or referral no later than 15 days after he or she receives the completed investigatory report.

The commission shall provide the counsel’s written recommendation to the alleged violator no later than 5 days after its completion.

The alleged violator has 14 days to respond in writing after the mailing date of the counsel’s recommendation.

(d) Upon receipt of the counsel’s recommendation, the commission must schedule a probable cause hearing for the next executive session of the commission if notice requirements can be met.

(e) If, upon completion of the preliminary investigation, the commission finds no probable cause to believe that this part has been violated, or that no any other breach of the public trust has been committed, the commission must shall dismiss the complaint or referral with the issuance of a public report to the complainant and the alleged violator, stating with particularity its reasons for dismissal.

At that time, the Page 7 of 10 CODING:

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words underlined are additions.

Florida Senate - 2024 (Proposed Bill) SPB 7014 582-01747A-24 20247014pb complaint or referral and all materials relating to the complaint or referral shall become a matter of public record.

(f) If the commission finds from the preliminary investigation probable cause to believe that this part has been violated or that any other breach of the public trust has been committed, it must shall so notify the complainant and the alleged violator in writing no later than 5 days after the date of the probable cause determination.

If the person does not elect to have a formal administrative hearing by an administrative law judge, the Pageperson 8is ofentitled 10to CODING:an informal hearing conducted before the commission.

Such person is shall be deemed to have waived the right to a public hearing if the request is not received within 14 days following the mailing date of the probable cause notification required by this paragraph subsection.

However, the commission may, on its own motion, require a public hearing., (g) At a probable cause hearing, if at least six members of the commission determine may conduct such further investigation is necessary, the investigation may be ordered, and such investigation may not exceed a period of 60 days as it deems necessary.

During the probable cause hearing, the commission Page 8 of 10 CODING:

Florida Senate - 2024 CS(Proposed forBill) SBSPB 7014 595-02018-24582-01747A-24 20247014c120247014pb personmust isdocument entitledthe toreasons anfor informalordering hearing conducted before the commission.additional investigation.

Such(h) personIf is shall be deemed to have waived the rightcommission toconducts a formal or an informal publichearing, hearingit ifmust thedo requestso isno notlater receivedthan within75 14 days followingafter the mailing date of the probable cause notificationdetermination. required by this paragraph subsection.

However,(i) If the commission may,refers ona itscase ownto motion,the requireDivision of Administrative Hearings for a publicformal hearing.hearing and subsequently requests that the case be relinquished back to the commission, or if the administrative law judge assigned to the case relinquishes jurisdiction back to the commission before a recommended order is entered, the commission must schedule the case for additional action at the next commission meeting and must complete final action on the case no later than 30 days after the date of that commission meeting.

(f)(j) IfThe thecommission, commissionand conductsmay anenter informalinto hearing,such itstipulations mustand besettlements heldas noit laterfinds thanto 75be daysjust afterand in the datebest interest of the probablestate. cause determination.

(g) If the commission refers a case to the Division of Administrative Hearings for a formal hearing and subsequently requests that the case be relinquished back to the commission, or if the administrative law judge assigned to the case relinquishes jurisdiction back to the commission before a recommended order is entered, the commission must schedule the case for additional action at the next commission meeting for which notice requirements can be met.

At the next subsequent commission meeting, the commission must complete final action on such case.

(h) The commission, may conduct such further investigation as it deems necessary, and may enter into such stipulations and settlements as it finds to be just and in the best interest of the state.

Penalties may shall be imposed only by the appropriate disciplinary authority as designated in Pagethis 9section. of 10 CODING:

(k) At least six members of the commission must vote to reject or deviate from a recommendation of counsel to the commission.

(l) If a criminal complaint related to an investigation pursuant to this section is filed, the timeframes in this subsection are tolled until completion of the criminal Page 9 of 10 CODING:

Florida Senate - 2024 CS(Proposed forBill) SBSPB 7014 595-02018-24582-01747A-24 20247014c120247014pb thisinvestigation section.or prosecution, excluding any appeals from such prosecution, whichever occurs later.

(i)(m) AtThe leastfailure six members of the commission mustto votecomply towith rejectthe ortime deviatelimits fromprovided in this subsection constitutes harmless error in any related disciplinary action unless a recommendationcourt finds that the fairness of the counselproceedings representingor the commission.correctness of an action may have been impaired by a material error in procedure or a failure to follow prescribed procedure.

(j)(n) IfThe a criminal complaint related to an investigation pursuant to this section is filed, the timeframes provided in this subsection areapply tolledto untilcomplaints completionand ofreferrals thesubmitted criminalto investigationthe orcommission prosecution,before, excludingon, anyor appealsafter fromJuly such1, prosecution,2024. whichever occurs later.

(k) The failure of the commission to comply with the time limits provided in this subsection constitutes harmless error in any related disciplinary action unless a court finds that the fairness of the proceedings or the correctness of an action may have been impaired by a material error in procedure or a failure to follow prescribed procedure.

This act shall take effect OctoberJuly 1, 2024.