Committee approves bill expanding 'stolen valor' violations, allows payroll withholding for unpaid ethics fines

The Committee on Military and Veterans Affairs, Space, and Domestic Security on Oct. 12 reported favorably on CS for SB 348, a measure that would add false claims of military rank or decorations to the Florida Code of Ethics and direct public employers to withhold unpaid ethics fines from employees' paychecks.

The bill, sponsored by Senator Gates, would make it a violation of section 112 of the Florida Code of Ethics for a public official, candidate or person seeking appointment to falsely represent for material gain that he or she holds a military rank or has received a major honor or decoration from the United States military. Senator Gates said the bill has "two sections," and that the first expands the commission's jurisdiction over stolen valor claims and authorizes penalties including "public censure, a fine of up to $25,000 and a recommendation of the governor for removal from office."

The bill's second section addresses enforcement of unpaid ethics fines. Under the measure, fines delinquent after 90 days could be collected by directing the public employer to withhold payments from the offender's public paycheck until the fine is satisfied; withholding would be limited to 25% of the delinquent fine or the federal maximum garnishment amount, whichever is less. Senator Gates said the provision was recommended "by the commission on ethics in consultation with the attorney general."

Carrie Stillman, representing the Florida Commission on Ethics, told the committee the provision on withholding was among the commission's legislative recommendations and argued that salary withholding has been "a cost effective and efficient way to get these complaint penalties paid." She said the office of the attorney general prosecutes the commission's complaints and that withholding often provides leverage so respondents will enter payment arrangements.

Senator Jones asked whether wage garnishment procedures would be an alternative and was told by Senator Gates that that would be a matter for the attorney general under the bill; the bill itself directs the chief financial officer to instruct public employers to withhold when appropriate. Committee members who spoke in support described the measure as important to veterans and the integrity of military honors.

By roll call, the committee voted to report CS for SB 348 favorably. Senators Burgess, Jones, Sharif, Trunnell, Vice Chair Collins and Chair Wright were recorded as voting yes. The committee chair announced the bill was "reported favorably."

The bill now moves through the legislative process as a committee-reported measure; committee members noted the attorney general's office will have prosecutorial discretion over collection actions and that the Legislature retains repeal authority in the future.