Citizen Portal
Sign In

Get Full Government Meeting Transcripts, Videos, & Alerts Forever!

Get email alerts on the Ethics Oversight topic

No spam. Unsubscribe anytime.

Florida Senate ethics committee hears update on SB 7014 implementation, litigation and commission priorities

2137057 · January 14, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The Senate Committee on Ethics and Elections heard a briefing from the Florida Commission on Ethics on operational changes after Senate Bill 7014, the commission's three legislative priorities, and two active court challenges to recent ethics rules.

At a meeting of the Florida Senate Committee on Ethics and Elections, members heard from the Florida Commission on Ethics about implementation of last year’s Senate Bill 7014, the commission’s 2025 legislative priorities, and the status of two pending court cases challenging recent ethics rules.

The Commission on Ethics’ executive director, Carrie Stillman, told senators that “a complaint must be based on personal information or information other than hearsay” to be investigated, a new legal-sufficiency threshold established by SB 7014 that took effect June 21, 2024. The commission has reworked its intake and investigative workflows to meet new statutory deadlines, Stillman said, and is monitoring investigations to meet a 150-day statutory deadline for completing investigations (with up to a 60-day extension if the commission approves good cause).

Why it matters: The change narrows which allegations may proceed to investigation and imposes tight timelines on the agency that enforces Florida’s code of ethics, potentially reducing investigations based on rumor while creating operational pressure on staff and the Attorney General’s prosecutors who handle ethics cases.

Overview and operational impact

Dawn Roberts, staff director for the Senate Committee on Ethics and Elections, reviewed the committee’s jurisdiction and confirmation process and described the committee’s role in reviewing gubernatorial appointments. “The confirmation process is one of the important constitutional checks and balances between the executive and legislative branches of government,” she said, summarizing procedures outlined in law and Senate rules for vetting nominees.

Commission vice chair Tina Deskovich said the commission has three priority legislative items this year: (1) amend the definition of “relative” in the state gift law to include current and former foster children and foster parents; (2) authorize salary withholding as a mechanism to collect civil penalties and restitution for ethics violations; and (3) enact whistleblower-like protections for individuals who file ethics complaints. Deskovich said the foster-family change arose after a commission member explained that foster relationships are not treated as relatives under current statute, leaving certain gifts reportable under different rules.

Implementation details from the commission

Stillman told the committee the commission logged 286 complaints in 2024 and has a staff of about 25. She said the commission has adjusted intake to meet the new requirement that the legal-sufficiency review that screens for personal knowledge or non-hearsay information be completed within 30 days of receiving a complaint. “So far we have been able to make the 30 day deadline for that first review,” Stillman said.

On investigations, Stillman said the commission previously aimed to finish a majority of investigations within six months; the new law requires completion within 150 days of an investigation being ordered, with a possible 60-day extension. She cautioned that complex cases, uncooperative witnesses, or delays in getting discovery could make extensions necessary and said the commission is tracking investigations closely so extension requests can be scheduled before commission meetings.

Effects on the Attorney General’s office

Stillman and commission staff described a second operational strain: the Attorney General’s office now must file written prosecutorial recommendations no later than 15 days after receiving an investigative report. That deadline, Stillman said, is tighter than the prior practice and has prompted the Attorney General to request an additional attorney and legal assistant to handle the workload.

Litigation updates

Steven Ziolkowski, deputy executive director and general counsel for the Commission on Ethics, briefed the committee on two active federal cases.

• Garcia v. Stillman: Ziolkowski said this suit challenges the in-office lobbying ban adopted as part of Amendment 12 (now in Article II, Section 8(f)(2) of the Florida Constitution), which prohibits certain public officers from lobbying for compensation during their terms. A U.S. district court found the ban unconstitutional as applied to one plaintiff and issued a permanent injunction; the commission appealed, and the 11th Circuit stayed that injunction pending appeal. Ziolkowski said an oral argument is scheduled for February 24 before the 11th Circuit and that the solicitor general has mounted a “full-throated defense” of the amendment.

• Loper v. Garcia: This lawsuit challenges 2023’s SB 774, which required municipal elected officials and mayors to file the more detailed Form 6 instead of Form 1. A preliminary injunction issued on June 12, 2024 allowed those who had not yet filed Form 6 to file Form 1 instead. Ziolkowski said both sides have moved for summary judgment and the commission expects the matter may be resolved by summary judgment or appealed.

Questions from senators and next steps

Senators asked about related issues including post-office lobbying restrictions, whether the new timelines have reduced “finger-pointing” or low‑value complaints, and how local ethics boards are adapting. Stillman said some local boards are consulting the commission’s new rulemaking and implementation materials; Ziolkowski and committee staff were asked to prepare a future report on any “ripples” among local ethics boards.

Chair Don Gates thanked the commission for the briefing and asked the commission to submit its legislative recommendations and proposed statutory language to committee staff for distribution to members. Deskovich and Stillman said they will provide written recommendations and any suggested statutory language.

Ending: The committee did not take formal action on legislation at the meeting; members asked staff and commission representatives to follow up with written materials and a report on local ethics boards’ implementation of SB 7014.