THE BILL ITSELF
SB 1622
Penalties for Late-filed Disclosures or Statements of Financial Interests
Florida Senate - 2026 SB 1622 By Senator Rodriguez 40-00762A-26 20261622__
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A bill to be entitled
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An act relating to penalties for late-filed
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disclosures or statements of financial interests;
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amending ss. 112.3144 and 112.3145, F.S.; prohibiting
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the assessment of a fine for a reporting person’s
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first late filing of a disclosure or statement of
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financial interests if certain conditions are met;
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providing applicability; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (f) of subsection (8) of section
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112.3144, Florida Statutes, is amended to read:
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112.3144 Full and public disclosure of financial
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interests.—
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(8) Forms or fields of information for compliance with the
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full and public disclosure requirements of s. 8, Art. II of the
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State Constitution must be prescribed by the commission. The
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commission shall allow a filer to include attachments or other
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supporting documentation when filing a disclosure. The
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commission shall give notice of disclosure deadlines and
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delinquencies and distribute forms in the following manner:
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(f) Except as provided in subparagraph 3., a Any person who
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is required to file full and public disclosure of financial
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interests and whose name is on the commission’s list, and to
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whom notice has been sent, but who fails to timely file is
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assessed a fine of $25 per day for each day late up to a maximum
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of $1,500; however this $1,500 limitation on automatic fines
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does not limit the civil penalty that may be imposed if the
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statement is filed more than 60 days after the deadline and a
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complaint is filed, as provided in s. 112.324. The commission
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must provide by rule the grounds for waiving the fine and the
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procedures by which each person whose name is on the list and
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who is determined to have not filed in a timely manner will be
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notified of assessed fines and may appeal. The rule must provide
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for and make specific that the amount of the fine due is based
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upon when the disclosure is filed on the electronic filing
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system created and maintained by the commission as provided in
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s. 112.31446.
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1. Upon receipt of the disclosure statement or upon accrual
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of the maximum penalty, whichever occurs first, the commission
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shall determine the amount of the fine which is due and shall
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notify the delinquent person. The notice must include an
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explanation of the appeal procedure under subparagraph 2. Such
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fine must be paid within 30 days after the notice of payment due
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is transmitted, unless appeal is made to the commission pursuant
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to subparagraph 2. The moneys shall be deposited into the
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General Revenue Fund.
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2. Any reporting person may appeal or dispute a fine, based
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upon unusual circumstances surrounding the failure to file on
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the designated due date, and may request and is entitled to a
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hearing before the commission, which may waive the fine in whole
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or in part for good cause shown. Any such request must be in
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writing and received by the commission within 30 days after the
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notice of payment due is transmitted. In such a case, the
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reporting person must, within the 30-day period, notify the
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person designated to review the timeliness of reports in writing
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of his or her intention to bring the matter before the
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commission. For purposes of this subparagraph, “unusual
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circumstances” does not include the failure to monitor an e-mail
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account or failure to receive notice if the person has not
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notified the commission of a change in his or her e-mail
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address.
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3. A fine may not be assessed against a reporting person
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the first time a full and public disclosure of financial
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interests for which he or she is responsible for filing is not
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timely filed if the full and public disclosure of financial
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interests was filed before the reporting person accrued the
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maximum automatic fine for that filing year and the reporting
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person has not previously received a waiver of an automatic fine
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pursuant to this subparagraph or s. 112.3145(8)(f)3. The
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automatic fine shall be assessed, however, if the reporting
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person has in a previous year accrued the maximum automatic fine
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pursuant to this subparagraph or s. 112.3145(8)(f), or if he or
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she has previously received a waiver of an automatic fine
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pursuant to this subparagraph or s. 112.3145(8)(f)3. This
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subparagraph applies to fines that began to accrue pursuant to
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this paragraph after September 1, 2026.
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Section 2. Paragraph (f) of subsection (8) of section
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112.3145, Florida Statutes, is amended to read:
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112.3145 Disclosure of financial interests and clients
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represented before agencies.—
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(8) Beginning January 1, 2024, forms for compliance with
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the disclosure requirements of this section and a current list
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of persons subject to disclosure must be created by the
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commission. The commission shall allow a filer to include
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attachments or other supporting documentation when filing a
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disclosure. Beginning January 1, 2024, the commission shall give
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notice of disclosure deadlines, delinquencies, and instructions
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in the following manner:
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(f) Except as provided in subparagraph 3., a Any person
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required to file a statement of financial interests whose name
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is on the commission’s list, and to whom notice has been sent,
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but who fails to timely file is assessed a fine of $25 per day
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for each day late up to a maximum of $1,500; however, this
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$1,500 limitation on automatic fines does not limit the civil
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penalty that may be imposed if the statement is filed more than
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60 days after the deadline and a complaint is filed, as provided
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in s. 112.324. The commission must provide by rule the grounds
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for waiving the fine and procedures by which each person whose
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name is on the list and who is determined to have not filed in a
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timely manner will be notified of assessed fines and may appeal.
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The rule must provide for and make specific that the amount of
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the fine is based upon the date and time that the disclosure is
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filed on the electronic filing system as provided in s.
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112.31446.
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1. Beginning January 1, 2024, for a specified state
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employee, state officer, or local officer, upon receipt of the
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disclosure statement by the commission or upon accrual of the
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maximum penalty, whichever occurs first, the commission shall
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determine the amount of the fine which is due and shall notify
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the delinquent person. The notice must include an explanation of
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the appeal procedure under subparagraph 2. The fine must be paid
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within 30 days after the notice of payment due is transmitted,
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unless appeal is made to the commission pursuant to subparagraph
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2. The moneys are to be deposited into the General Revenue Fund.
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2. Any reporting person may appeal or dispute a fine, based
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upon unusual circumstances surrounding the failure to file on
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the designated due date, and may request and is entitled to a
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hearing before the commission, which may waive the fine in whole
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or in part for good cause shown. Any such request must be in
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writing and received by the commission within 30 days after the
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notice of payment due is transmitted. In such a case, the
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reporting person must, within the 30-day period, notify the
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person designated to review the timeliness of reports in writing
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of his or her intention to bring the matter before the
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commission. For purposes of this subparagraph, the term “unusual
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circumstances” does not include the failure to monitor an e-mail
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account or failure to receive notice if the person has not
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notified the commission of a change in his or her e-mail
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address.
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3. A fine may not be assessed against a reporting person
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the first time a statement of financial interests for which he
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or she is responsible for filing is not timely filed if the
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statement of financial interests was filed before the reporting
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person accrued the maximum automatic fine for that filing year
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and the reporting person has not previously received a waiver of
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an automatic fine pursuant to this subparagraph or s.
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112.3144(8)(f)3. The automatic fine shall be assessed, however,
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if the reporting person has in a previous year accrued the
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maximum automatic fine pursuant to this subparagraph or s.
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112.3144(8)(f), or if he or she previously received a waiver of
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an automatic fine pursuant to this subparagraph or s.
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112.3144(8)(f)3. This subparagraph applies to fines that began
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to accrue pursuant to this paragraph after September 1, 2026.
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Section 3. This act shall take effect upon becoming a law.