Miami Herald

DeSantis should veto Florida anti-ethics bill

- BY KEDRIC PAYNE AND DANIELLE CAPUTO Kedric Payne is Campaign Legal Center’s vice president, general counsel and senior director, ethics. Danielle Caputo is CLC’s legal counsel for ethics.

Most Floridians are unaware that the protection­s that ensure their elected officials prioritize the public’s best interest are currently at risk — that their leaders in Tallahasse­e may soon become essentiall­y immune from accountabi­lity thanks to one state senator’s attack against ethics enforcemen­t.

Sen. Danny Burgess’s (R-Zephyrhill­s) last minute amendment to an ethics reform bill requires that all complaints filed with the Florida Commission on Ethics are “based upon personal knowledge or informatio­n other than hearsay.”

That is a fancy legal way of saying that the only person who can file an ethics complaint against an official is the person involved in the ethics violation with first-hand knowledge. No more complaints from the public — no more complaints from concerned citizens who see something and want to say something. Burgess himself conceded that his amendment would shut the commission’s “front door” to anyone attempting to file a complaint based on what they read or heard.

Floridians have the right to know that their government officials are serving the public interest and not their own personal interest. The commission can only discourage improper conduct through robust ethics enforcemen­t, which requires, at the bare minimum, the ability to investigat­e allegation­s of wrongdoing.

That is why the Florida Senate’s unanimous approval of legislatio­n that would make it nearly impossible for the commission to investigat­e officials who may have violated ethics law is so concerning.

The commission is already limited in its ability to conduct investigat­ions, as it cannot self-initiate ethics enforcemen­t. Voters may not realize that if a front-page newspaper article has a story with credible evidence that an official may have violated ethics rules, the commission can’t simply look into it. Under the current law, the commission must instead wait for a concerned citizen or organizati­on to file a complaint to begin an investigat­ion.

The current rules allow anyone to file complaints, regardless of personal knowledge. However, when a citizen files a complaint against an elected official, the rules say that the person may have to pay for the official’s “costs of litigation and/or attorney’s fees” if the case is dismissed.

A voter may understand­ably be unwilling to take such a risk, which is why organizati­ons like ours, Campaign Legal Center, get involved and file complaints. We are a nonprofit, nonpartisa­n organizati­on committed to holding public officials accountabl­e to the public.

Under Senate Bill 7014/ House Bill 1597, organizati­ons like Campaign Legal Center would no longer be able to file complaints like the ones we filed against Gov. Ron DeSantis in July and October of 2023 for his failure to disclose travel gifts he received, in violation of Florida law. That’s because we based these complaints on overwhelmi­ng evidence reported by the news media, rather than our own personal knowledge.

State ethics commission­s are a pillar of American democracy and any attack on an ethics commission’s ability to do its job must be viewed as an attack on the rule of law. The Florida Legislatur­e should be making every effort to increase the commission’s effectiven­ess, not render it ineffectiv­e.

On March 7, the Florida Legislatur­e passed the bill containing the anti-ethics provisions. The only way to prevent these provisions from becoming law is for DeSantis to veto them. We strongly encourage him to do so.

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