Committee advances bill making false military honors an ethics violation and allowing wage withholding for unpaid fines

The Committee on Military and Veterans Affairs, Space and Domestic Security voted to report favorably CS for SB 348, a bill by Senator Gates that would make knowingly misrepresenting a U.S. military rank or major decoration for material gain a violation of the Florida Code of Ethics and authorize wage withholding to collect unpaid ethics fines.

The measure has two sections: the first expands the commission’s jurisdiction to cover false claims of military rank or honors, and the second directs a public employer to withhold delinquent ethics fines from an official’s public paycheck. “This bill has 2 sections. The first section makes it a violation of section 112, the Florida Code of Ethics, for anyone who is a public official, or a candidate, or who is seeking appointment to public office to falsely misrepresent for material gain that she or he holds a rank or has received a major honor or decoration from the United States military,” Senator Gates said while explaining the bill. Under the proposal, the Commission on Ethics would first find probable cause; penalties could include public censure, a fine of up to $25,000 and a recommendation to the governor for removal from office.

The second section targets unpaid fines. The bill defines an unpaid fine as one delinquent after 90 days and directs withholding at 25% of the delinquent amount or the federal maximum garnishment, whichever is less. “Salary withholding has proven in other areas to be a cost effective and efficient way to get these complaint penalties paid,” Carrie Stillman, representing the Florida Commission on Ethics, told the committee. Stillman said withholding can encourage payment by shielding a public employer from being contacted and thereby creating leverage for settlement.

Senator Jones asked whether the bill allowed wage garnishment instead of withholding. Senator Gates answered that pursuing garnishment would be “a matter for the attorney general” under the bill and that the statute directs the public employer to withhold through its payroll processes. The sponsor and the Commission on Ethics told the committee the change responds to fines that in some cases have remained unpaid for years.

The committee recorded unanimous favorable action. Senators Burgess, Jones, Sharif, Trudell, Collins and Chair Wright voted yes and the bill was reported favorably.

The bill was filed “at the request of many Florida veterans and with the support of the Department of Veterans Affairs,” Gates said during remarks. A co-sponsor praised the measure as important to veterans and their families during debate.