The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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F.S. 112.317

112.317 Penalties.—

(1) Any violation of this part, including, but not limited to, failure to file disclosures required by this part or violation of any standard of conduct imposed by this part, or any violation of s. 8, Art. II of the State Constitution, in addition to any criminal penalty or other civil penalty involved, under applicable constitutional and statutory procedures, constitutes grounds for, and may be punished by, one or more of the following:

(a) In the case of a public officer:

1. Impeachment.

2. Removal from office.

3. Suspension from office.

4. Public censure and reprimand.

5. Forfeiture of no more than one-third of his or her salary per month for no more than 12 months.

6. A civil penalty not to exceed $20,000.

7. Restitution of any pecuniary benefits received because of the violation committed. The commission may recommend that the restitution penalty be paid to the agency of which the public officer was a member or to the General Revenue Fund.

(b) In the case of an employee or a person designated as a public officer by this part who otherwise would be deemed to be an employee:

1. Dismissal from employment.

2. Suspension from employment for not more than 90 days without pay.

3. Demotion.

4. Reduction in his or her salary level.

5. Forfeiture of no more than one-third salary per month for no more than 12 months.

6. A civil penalty not to exceed $20,000.

7. Restitution of any pecuniary benefits received because of the violation committed. The commission may recommend that the restitution penalty be paid to the agency by which the public employee was employed, or of which the officer was deemed to be an employee, or to the General Revenue Fund.

8. Public censure and reprimand.

1. Disqualification from being on the ballot.

2. Public censure.

3. Reprimand.

4. A civil penalty not to exceed $20,000.

(d) In the case of a former public officer or employee who has violated a provision applicable to former officers or employees or whose violation occurred before the officer’s or employee’s leaving public office or employment:

1. Public censure and reprimand.

2. A civil penalty not to exceed $20,000.

3. Restitution of any pecuniary benefits received because of the violation committed. The commission may recommend that the restitution penalty be paid to the agency of the public officer or employee or to the General Revenue Fund.

(e) In the case of a person who is subject to the standards of this part, other than a lobbyist or lobbying firm under s. 112.3215 for a violation of s. 112.3215, but who is not a public officer or employee:

1. Public censure and reprimand.

2. A civil penalty not to exceed $20,000.

3. Restitution of any pecuniary benefits received because of the violation committed. The commission may recommend that the restitution penalty be paid to the agency of the person or to the General Revenue Fund.

(2) In any case in which the commission finds a violation of this part or of s. 8, Art. II of the State Constitution and the proper disciplinary official or body under s. 112.324 imposes a civil penalty or restitution penalty, the Attorney General shall bring a civil action to recover such penalty. No defense may be raised in the civil action to enforce the civil penalty or order of restitution that could have been raised by judicial review of the administrative findings and recommendations of the commission by certiorari to the district court of appeal. The Attorney General shall collect any costs, attorney fees, expert witness fees, or other costs of collection incurred in bringing the action.

(3) The penalties prescribed in this part shall not be construed to limit or to conflict with:

(a) The power of either house of the Legislature to discipline its own members or impeach a public officer.

(b) The power of agencies to discipline officers or employees.

(4) Any violation of this part or of s. 8, Art. II of the State Constitution by a public officer constitutes malfeasance, misfeasance, or neglect of duty in office within the meaning of s. 7, Art. IV of the State Constitution.

(5) By order of the Governor, upon recommendation of the commission, any elected municipal officer who violates this part or s. 8, Art. II of the State Constitution may be suspended from office and the office filled by appointment for the period of suspension. The suspended officer may at any time before removal be reinstated by the Governor. The Senate may, in proceedings prescribed by law, remove from office, or reinstate, the suspended official, and for such purpose the Senate may be convened in special session by its President or by a majority of its membership.

(6) In any case in which the commission finds probable cause to believe that a complainant has committed perjury in regard to any document filed with, or any testimony given before, the commission, it shall refer such evidence to the appropriate law enforcement agency for prosecution and taxation of costs.

(7) In any case in which the commission determines that a person has filed a complaint against a public officer or employee with a malicious intent to injure the reputation of such officer or employee by filing the complaint with knowledge that the complaint contains one or more false allegations or with reckless disregard for whether the complaint contains false allegations of fact material to a violation of this part, the complainant shall be liable for costs plus reasonable attorney fees incurred in the defense of the person complained against, including the costs and reasonable attorney fees incurred in proving entitlement to and the amount of costs and fees. If the complainant fails to pay such costs and fees voluntarily within 30 days following such finding by the commission, the commission shall forward such information to the Department of Legal Affairs, which shall bring a civil action in a court of competent jurisdiction to recover the amount of such costs and fees awarded by the commission.

History.—s. 7, ch. 67-469; s. 1, ch. 70-144; s. 2, ch. 74-176; s. 8, ch. 74-177; s. 2, ch. 75-199; s. 7, ch. 75-208; s. 5, ch. 82-98; s. 10, ch. 90-502; s. 10, ch. 91-85; s. 8, ch. 94-277; s. 1413, ch. 95-147; s. 1, ch. 95-354; s. 13, ch. 2000-151; s. 8, ch. 2006-275; s. 2, ch. 2009-126; s. 15, ch. 2013-36; s. 1, ch. 2020-182; s. 7, ch. 2023-49.

F.S. 112.317 on Google Scholar

F.S. 112.317 on Casetext

Amendments to 112.317

Arrestable Offenses / Crimes under Fla. Stat. 112.317

Level: Degree
Misdemeanor/Felony: First/Second/Third

S112.317 - OBSTRUCT - REPEALED 10/1/06. 2006-275 - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

SCOTT, v. HINKLE,, 259 So. 3d 982 (Fla. App. Ct. 2018)

. . . See §§ 112.317, 112.324, Fla. Stat. . . .

Al HADEED v. STATE, 208 So. 3d 782 (Fla. Dist. Ct. App. 2016)

. . . Commission on Ethics’s denial of their requests for costs and attorney’s fees sought under section 112.317 . . . The applicable statute, section 112.317(7), states in relevant part: In any case in which the commission . . . The central point we address in this consolidated appeal is the language of section 112.317(7), which . . . Falsely calling someone a terrorist or child abuser is of no moment under section 112.317(7) unless the . . . Though we need not defer to the Commission’s interpretation of section 112.317(7), Brown, 969 So.2d at . . .

RIVERA, v. FLORIDA COMMISSION ON ETHICS,, 195 So. 3d 1177 (Fla. Dist. Ct. App. 2016)

. . . raised by judicial review of the administrative findings and recommendation by the commission.... ” § 112.317 . . . Smith, 390 So.2d 327, 328 (Fla.1980) (explaining that section 112.317(2) is “a codification of the estoppel . . . Comm’n on Ethics, 694 So.2d 83, 87 (Fla. 1st DCA 1997) (noting that, under section 112.317(2), “all defenses . . . Indeed, under the plain language of section 112.317(2), a challenge to the .disciplinary official’s action . . . recommendation or in defense of an enforcement action brought by the Attorney General under section 112.317 . . .

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, v. RLI LIVE OAK, LLC,, 139 So. 3d 869 (Fla. 2014)

. . . forfeitures, the revocation of a professional license, penalties for public officers under section 112.317 . . .

MILANICK, v. STATE, 147 So. 3d 34 (Fla. Dist. Ct. App. 2014)

. . . The instant action was brought by the State pursuant to section 112.317(7), Florida Statutes, which authorizes . . .

NORMAN, v. AMBLER,, 46 So. 3d 178 (Fla. Dist. Ct. App. 2010)

. . . as a candidate in the general election, and ordered him “removed from said ballot,” citing section 112.317 . . .

C. JENNE, v. STATE DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT,, 36 So. 3d 738 (Fla. Dist. Ct. App. 2010)

. . . Section 112.317S(2)(e)6., Florida Statutes defines a specified offense as the commission of “any felony . . .

J. MILANICK, v. OSBORNE,, 6 So. 3d 729 (Fla. Dist. Ct. App. 2009)

. . . Section 112.317(7), Florida Statutes (2007), entitles Osborne to an award of reasonable attorney’s fees . . .

BROWN, v. STATE COMMISSION ON ETHICS,, 969 So. 2d 553 (Fla. Dist. Ct. App. 2007)

. . . is an appeal by a public official from a final order denying costs and attorney fees under section 112.317 . . . The Commission construed the language of section 112.317(8) to require a finding of “actual malice,” . . . Section 112.317(8) is not confusing or ambiguous. . . . That proof of actual malice is not required to recover attorney’s fees under section 112.317(8) will . . . It is now section 112.317(7). . . . . I concur fully in the majority’s determination that the text of section 112.317(8), Florida Statutes, . . .

OSBORNE, v. COMMISSION ON ETHICS,, 951 So. 2d 25 (Fla. Dist. Ct. App. 2007)

. . . person complained against in a complaint filed with the Commission on Ethics is governed by section 112.317 . . . recommended order, it agreed with one legal exception to the effect that the ALJ’s construction of section 112.317 . . . claim was false, were accepted and adopted by the Commission, we conclude that pursuant to section 112.317 . . .

ADDICOTT, v. LEFF,, 934 So. 2d 489 (Fla. Dist. Ct. App. 2005)

. . . Addicott appeals an order of the Florida Commission on Ethics denying him attorney’s fees under subsection 112.317 . . .

STATE FLORIDA COMMISSION ON ETHICS, v., 833 So. 2d 299 (Fla. Dist. Ct. App. 2002)

. . . amount of fees may be relevant to the potential penalty phase of this proceeding pursuant to section 112.317 . . .

D. LATHAM, v. FLORIDA COMMISSION ON ETHICS,, 694 So. 2d 83 (Fla. Dist. Ct. App. 1997)

. . . The Commission, pursuant to section 112.317(l)(a), Florida Statutes, recommended that the Governor impose . . . convincing evidence before recommending the penalties available for a public officer under section 112.317 . . . Of course, the Ethics Code does contain a very explicit section on penalties, section 112.317. . . . Section 112.317(l)(a), Florida Statutes provides: 112.317 Penalties.— (1) Violation of any provision . . . The holding in this case is limited to section 112.317(l)(a), penalties as to public officials. . . .

KAMINSKY, v. LIEBERMAN,, 675 So. 2d 261 (Fla. Dist. Ct. App. 1996)

. . . See § 112.317(8), Fla.Stat. (1991). . . .

BROWN v. CITY OF LAUDERHILL, a, 654 So. 2d 302 (Fla. Dist. Ct. App. 1995)

. . . an attorney’s fee claim was filed against Appellants in the name of the mayor, pursuant to section 112.317 . . .

KINZER, v. STATE COMMISSION ON ETHICS,, 654 So. 2d 1007 (Fla. Dist. Ct. App. 1995)

. . . Under section 112.317, Florida Statutes (1989), there are civil penalties for the violation of the anti-nepotism . . .

R. PATCHETT, v. COMMISSION ON ETHICS,, 626 So. 2d 319 (Fla. Dist. Ct. App. 1993)

. . . Chapter 112, Part III (Code of Ethics for Public Officers and Employees), are penal in nature, see § 112.317 . . .

B. INGRAM, B. L. v. HOLMES, 625 So. 2d 142 (Fla. Dist. Ct. App. 1993)

. . . . § 112.317(8), Fla.Stat. (1991); De Groot v. Sheffield, 95 So.2d 912 (Fla. 1957); Smith v. . . .

CITY OF MIAMI BEACH, v. GALBUT,, 626 So. 2d 192 (Fla. 1993)

. . . See § 112.317, Fla.Stat. (1991). . . . .

COUCH, v. COMMISSION ON ETHICS,, 617 So. 2d 1119 (Fla. Dist. Ct. App. 1993)

. . . The order finds that appellee Chapin was entitled to the attorney’s fee award under section 112.317(8 . . . Tapper then petitioned for costs and attorney’s fees pursuant to section 112.317(8), Florida Statutes . . . In one portion of the recommended order, the hearing officer concluded: Construing Section 112.317(8) . . . The Commission disagreed with the hearing officer and concluded that Section 112.317(8) does provide . . . Section 57.105 appears to be the statute most analogous to section 112.317(8). . . .

GALBUT, v. CITY OF MIAMI BEACH,, 605 So. 2d 466 (Fla. Dist. Ct. App. 1992)

. . . . § 112.317, Fla.Stat. (1991). . . . . § 112.317, any doubt must be resolved in favor of a narrow construction so that the public official . . .

THORNBER, v. CITY OF FORT WALTON BEACH,, 568 So. 2d 914 (Fla. 1990)

. . . This is further evidenced by the fact that § 112.317(2), Fla.Stat. (1989), provides that upon a finding . . .

MIAMI HERALD PUBLISHING CO. v. MOREJON,, 561 So. 2d 577 (Fla. 1990)

. . . The implicated commissioners filed a complaint alleging violation of § 112.317(6), Fla. . . .

DOE, v. GONZALEZ, 723 F. Supp. 690 (S.D. Fla. 1988)

. . . The legal issue for determination by the Court in the instant case is whether Section 112.317(6), Florida . . . Florida Statute § 112.317(6). The stipulated facts of this case are as follows. . . . articles about those complaints, but cannot do so out of fear of prosecution for violating Section 112.317 . . . Huffs tetler, 489 So.2d 722 (Fla.1986), “the principal interests which Section 112.317 § 6) furthers . . . Accordingly, it is ORDERED AND ADJUDGED that Section 112.317(6), Florida Statutes, is hereby declared . . .

W. LITTLE, v. CITY OF NORTH MIAMI, V. Jr. P. A. f k a, 805 F.2d 962 (11th Cir. 1986)

. . . . §§ 112.317(1)(a)4 and (b)8 (West 1982). . . .

TRIBUNE COMPANY, v. L. R. HUFFSTETLER, Jr., 489 So. 2d 722 (Fla. 1986)

. . . in the article filed a complaint with the state attorney’s office, alleging a violation of section 112.317 . . . Much like the situation in Morgan, the principal interest which section 112.317(6) furthers amounts to . . . When balancing section 112.317(6) against Tunstall’s first amendment rights, Morgan mandates that the . . . Tunstall also challenges the constitutionality of section 112.317(6). . . . Tunstall’s source would clearly be the proper party to challenge section 112.317(6) should that source . . .

COMMISSION ON ETHICS, v. SULLIVAN,, 489 So. 2d 10 (Fla. 1986)

. . . See, e.g., §§ 112.317, 112.324(3)-(5). . . .

TRIBUNE COMPANY v. L. R. HUFFSTETLER, Jr., 463 So. 2d 1169 (Fla. Dist. Ct. App. 1984)

. . . county commissioners filed a complaint with the state attorney’s office regarding a violation of section 112.317 . . . Appellants contend that section 112.317(6) is unconstitutional in that it does not simply purport to . . .

STATE OF FLORIDA v. PETERSON GORE, 9 Fla. Supp. 2d 140 (Fla. Cty. Ct. 1984)

. . . defense counsel agree that Section 112.533(3), Florida Statutes, was in fact “borrowed” from Section 112.317 . . . Section 112.317(6) does not purport to regulate time, place or manner of expression; nor does it proscribe . . .

STATE OF FLORIDA v. COLLINS, 3 Fla. Supp. 2d 15 (Fla. Cir. Ct. 1983)

. . . The Information charges defendant with a violation of Section 112.317(6), Florida Statutes, and alleges . . . The defendant contends, and the trial court held, that Section 112.317(6) is unconstitutional as violating . . . Thus, the Landmark case does not declare that a statute such as Section 112.317(6), Florida Statutes, . . .

STATE OF FLORIDA v. COLLINS, 3 Fla. Supp. 2d 13 (Leon Cty. Ct. 1982)

. . . The statute is Section 112.317(6), Florida Statutes. It prohibits: 1. . . .

L. TAUNTON, v. TAPPER,, 396 So. 2d 843 (Fla. Dist. Ct. App. 1981)

. . . s dismissal of the complaint, appellee petitioned for costs and attorney’s fees pursuant to Section 112.317 . . . Section 112.317(8) provides: In any case in which the commission determines that a person has filed a . . . Because the Commission erroneously interpreted Section 112.317(8) and a proper interpretation does not . . .

CONRAD, v. STATE COMMISSION ON ETHICS,, 414 So. 2d 1076 (Fla. Dist. Ct. App. 1981)

. . . Section 112.317(6), Florida Statutes. . . .

TENNEY, v. STATE COMMISSION ON ETHICS, STATE COMMISSION ON ETHICS, v. TENNEY,, 395 So. 2d 1244 (Fla. Dist. Ct. App. 1981)

. . . section 112.313(6) itself but arises from the fact that the legislature has repealed that part of section 112.317 . . .

D. MALFREGEOT, v. MOBILE HOME PARK OWNERS AND DEALERS OF MARTIN COUNTY, INC. a, 388 So. 2d 341 (Fla. Dist. Ct. App. 1980)

. . . Section 112.317(8), Florida Statutes (1979) provides: In any case in which the commission determines . . . The wording of Section 112.317(8) precludes recovery of fees and costs even if there was a determination . . . Section 112.317(8), Florida Statutes (1979). . . .

L. DeBUSK, v. SMITH,, 390 So. 2d 327 (Fla. 1980)

. . . appeals an order of the county court awarding a $2,500 judgment to the State and declaring section 112.317 . . . We affirm the judgment and hold that .section 112.317(2) is constitutional. . . . The Commission recommended that DeBusk be penalized $2,500 in accordance with section 112.317(l)(a)6, . . . The sole issue properly before us is whether section 112.317(2) is constitutional. . . . The prohibition in section 112.317(2) against raising defenses in a subsequent proceeding which could . . .

STATE v. M. ROU, Jr., 366 So. 2d 385 (Fla. 1978)

. . . . § 112.317, Fla.Stat. (1973). . . . .

D ALEMBERTE, W. E. A. Jr. F. L. D. v. ANDERSON,, 349 So. 2d 164 (Fla. 1977)

. . . Further, there are sanctions in the current Section 112.317, Florida Statutes (1975), which provide for . . .

ANDERSON, v. D ALEMBERTE,, 334 So. 2d 618 (Fla. Dist. Ct. App. 1976)

. . . . § 112.317, F.S.1974 Supplement, specifies the penalties which may be imposed for violations. §§ 112.320 . . .

GOLDTRAP v. COMMISSION ON ETHICS,, 43 Fla. Supp. 11 (Leon Cty. Cir. Ct. 1975)

. . . Under §8 of Chapter 74-177, amending F.S. 112.317, an intentional violation of any provision of “this . . .

STATE v. J. DINSMORE,, 308 So. 2d 32 (Fla. 1975)

. . . Section 112.317, Florida Statutes, provided that violation of this statute would constitute a misdemeanor . . .