Screenshot via the Florida Channel of Northwest Florida GOP state Sen. Don Gaetz at Ethics and Elections Committee meeting on Jan. 14, 2024.
Last year, the Florida Legislature passed a law (SB 7014) that critics claimed would allow unethical conduct to continue unchecked.
The measure banned both state and local ethics commissions from launching investigations unless the complaint came from an individual who had first-hand personal knowledge or information about the problem. Watchdog groups called this new evidentiary standard excessive and one that most Floridians who learn of ethics violations could not meet.
The law also added time limits to the length of ethics investigations and required sworn affidavits to investigate complaints.
Historically, many ethics complaints have been filed by concerned citizens who learn about alleged malfeasance by reading a published or broadcast news report. But the law essentially wiped away the ability of regular citizens to file such complaints. It also banned local ethics panels from initiating investigations, compelling them to do so only after a complaint is registered.
Kerrie Stillman, executive director of the Florida Commission on Ethics, told the Senate’s Ethics and Elections Committee on Tuesday that this provision requires the commission to consider more than the issues alleged in any complaint they receive.
“The additional analysis must be undertaken to address whether the complainant has personally observed the alleged conduct, or whether they have provided the information with the complaint that is not hearsay,” she said. “If an allegation fails to meet both of those requirements, it cannot be investigated and will ultimately be dismissed by the commission.”
That part of the measure went into effect immediately after Gov. Ron DeSantis signed the bill into law last June. Stillman said that it not only applies to newly filed complaints, but also to “all current complaints” on which the commission has not yet taken final action.
She said the Ethics Commission staff is reviewing complaints in which probable cause was found “to ascertain whether any of the allegations in the complaint that were investigated prior to the enactment of SB 7014 need to go before the Commission for consideration of dismissal of certain allegations, because they do not meet the new requirements.”
She said one such case surfaced in their last meeting, and another has been found in a case on their next meeting agenda.
Time limits
In addition, the new law puts a 30-day time limit on how long the commission can review an initial complaint to determine if it requires further investigation. If it does, that report must now be completed no later than 150 days after the beginning of the initial investigation.
“If we fail to meet any statutory deadlines, we expect that we will be challenged in court,” Stillman said.
Palm Beach County Democratic Sen. Mack Bernard, vice chair of the committee, asked Steve Zuilkowski, general counsel of the Commission on Ethics, if the various local ethics boards around the state are implementing all of the provisions of the new law.
“They’re working hard, those local ethics boards, for sure,” Zuilkowski replied, without completely responding to the question.
Tina Descovich, vice chair of the Florida Commission on Ethics, said the agency is recommending that state lawmakers pass legislation this year to provide “whistleblower-like protection” for individuals who file ethics complaints.
“The Commission believes that the threat of adverse personal actions may discourage the filing of valid ethics complaints,” she said. “The enactment of whistleblower-like protections like those found under the Whistleblower Act would provide some protections to those who have a valid ethics complaint but are fearful to file because they fear they would lose their job if they filed an ethics complaint within our office.”
YOU MAKE OUR WORK POSSIBLE.