(The Center Square) – Legislation criminalizing public officials lying about their military service and awards has passed two committees in the Florida Senate.
Senate Bill 348 passed the Military and Veterans Affairs, Space, and Domestic Security by a 6-0 vote on Tuesday. The bill would add to the state’s code of ethics a prohibition on candidates, elected public officers, appointed public officers and public employees from making false claims related to their military service for material gain.
Penalties for violation could include censure by the Florida Board of Ethics, a fine of $25,000 and a recommendation of removal from office by the governor.
“It cheapens service when people use it when they shouldn’t,” said Sen. Jay Collins, R-Tampa, who cosponsored the bill with Sen. Don Gaetz, R-Pensacola. “For all of the people we worked with, all of those who didn’t come home, the families that sit there and honor their loved ones who kept giving and giving, thank you for doing this. It matters.”
Collins is a retired U.S. Army Special Forces soldier, popularly known as Green Berets.
The bill would also expand the attorney general’s existing authority to seek wage garnishment for unpaid fines for violations of ethics laws. Under present law, the state must get a court judgment to order payment.
Gaetz is the author of the legislation, which passed the Ethics and Elections Committee unanimously on Feb. 19. He is the father of former U.S. Rep. Matt Gaetz, R-Fla.
Gaetz said some officials hit with fines by the Commission on Ethics wait up to five years to pay them, yet remain in office. According to state law, fines become delinquent after 90 days.
“These are public officials who have been fined for violating the Code of Ethics and thumb their noses at the law and don’t pay their fines and remain in office,” Gaetz said.
A similar measure, House Bill 399, is in the House Rules & Ethics Committee.
Congress passed the Stolen Valor Act of 2005, which made a crime of making false claims about military service or awards, in addition to an existing prohibition on false display of military medals and other awards.
In 2012, the U.S. Supreme Court overturned the law on a First Amendment case, with the plaintiffs successfully arguing in United States v. Alvarez that lies made by Xavier Alvarez, an elected member of a California water board, about his military service and award of the Medal of Honor, were protected free speech.
Congress passed a new Stolen Valor Act in 2013 that narrowed the crime to one of using false representations about military service or awards to earn money, property or any other benefit.
