Florida Statute 112.317 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

View Entire Chapter

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)(a) 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.

(b) For the purposes of this subsection, a civil penalty or restitution penalty is considered delinquent if the individual has not paid such penalty within 90 days after the penalty is imposed by the commission. Before referring a delinquent civil penalty or restitution penalty to the Department of Financial Services, the Attorney General shall attempt to determine whether the individual owing such penalty is a current public officer or current public employee, and, if so, the Attorney General must notify the Chief Financial Officer or the governing body of the appropriate county, municipality, school district, or special district of the total amount of the penalty owed by such individual.

1. After receipt and verification of the notice from the Attorney General, the Chief Financial Officer or the governing body of the county, municipality, school district, or special district shall begin withholding the lesser of 25 percent or the maximum amount allowed under federal law from any salary-related payment. The withheld payments must be remitted to the commission until the fine is satisfied.

2. The Chief Financial Officer or the governing body of the county, municipality, school district, or special district may retain an amount of each withheld payment, as provided in s. 77.0305, to cover the administrative costs incurred under this section.

(c) The Attorney General may refer any unpaid civil penalty or restitution penalty to the appropriate collection agency as directed by the Chief Financial Officer, and, except as expressly limited by this section, such collection agency may use any collection method authorized by law.

(d) The Attorney General may take any action to collect any unpaid civil penalty or restitution penalty imposed within 20 years after the date the civil penalty or restitution penalty is imposed.

(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 or a candidate for public office with a malicious intent to injure the reputation of such officer or employee or candidate 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; s. 5, ch. 2024-253; s. 2, ch. 2025-85.

F.S. 112.317 on Google Scholar

F.S. 112.317 on CourtListener

Amendments to 112.317

Annotations, Discussions, Cases:

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

Cases Citing Statute 112.317

Total Results: 37

Thornber v. City of Ft. Walton Beach

568 So. 2d 914, 15 Fla. L. Weekly Supp. 535, 1990 Fla. LEXIS 1339, 1990 WL 154237

Supreme Court of Florida | Filed: Oct 11, 1990 | Docket: 1659482

Cited 112 times | Published

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

D'ALEMBERTE v. Anderson

349 So. 2d 164

Supreme Court of Florida | Filed: May 26, 1977 | Docket: 1655282

Cited 38 times | Published

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

City of Miami Beach v. Galbut

626 So. 2d 192, 18 Fla. L. Weekly Supp. 546, 1993 Fla. LEXIS 1670, 1993 WL 417138

Supreme Court of Florida | Filed: Oct 21, 1993 | Docket: 1286041

Cited 37 times | Published

GRIMES and HARDING, JJ., concur. NOTES [1] See § 112.317, Fla. Stat. (1991). [2] Galbut served for ten

Oldham v. Rooks

361 So. 2d 140

Supreme Court of Florida | Filed: Jul 20, 1978 | Docket: 1288738

Cited 35 times | Published

here presented was the amendment in 1970 to Section 112.317, Florida Statutes (1969), dealing with violations

Miami Herald Publishing Co. v. Morejon

561 So. 2d 577, 17 Media L. Rep. (BNA) 1920, 15 Fla. L. Weekly Supp. 302, 1990 Fla. LEXIS 698

Supreme Court of Florida | Filed: May 17, 1990 | Docket: 1480526

Cited 14 times | Published

commissioners filed a complaint alleging violation of § 112.317(6), Fla. Stat. (1981), which prohibits disclosure

Tribune Co. v. Huffstetler

489 So. 2d 722, 11 Fla. L. Weekly 246, 12 Media L. Rep. (BNA) 2288, 1986 Fla. LEXIS 2235

Supreme Court of Florida | Filed: Jun 5, 1986 | Docket: 545820

Cited 13 times | Published

identity of a source whose information violated section 112.317(6), Florida Statutes (1981).[1] Weighing the

Brown v. City of Lauderhill

654 So. 2d 302, 1995 WL 270658

District Court of Appeal of Florida | Filed: May 10, 1995 | Docket: 1303546

Cited 12 times | Published

Appellants in the name of the mayor, pursuant to section 112.317, Florida Statutes, alleging that the ethics

Chavez v. City of Tampa

560 So. 2d 1214, 1990 WL 27939

District Court of Appeal of Florida | Filed: Mar 16, 1990 | Docket: 1477157

Cited 11 times | Published

reports its findings and recommendations. Section 112.317, dealing with procedure if the commission finds

State v. Dinsmore

308 So. 2d 32

Supreme Court of Florida | Filed: Jan 29, 1975 | Docket: 1673024

Cited 11 times | Published

Article X, Section 9, Florida Constitution. [2] Section 112.317, Florida Statutes, provided that violation

Doe v. Gonzalez

723 F. Supp. 690, 1988 U.S. Dist. LEXIS 17254, 1988 WL 167407

District Court, S.D. Florida | Filed: May 31, 1988 | Docket: 1662879

Cited 9 times | Published

by the Court in the instant case is whether Section 112.317(6), Florida Statutes, is unconstitutional on

Brown v. STATE, COM'N ON ETHICS

969 So. 2d 553, 2007 WL 4206632

District Court of Appeal of Florida | Filed: Nov 30, 2007 | Docket: 1725961

Cited 8 times | Published

order denying costs and attorney fees under section 112.317(8) Florida Statutes (2004).[1] We conclude

Couch v. Commission on Ethics

617 So. 2d 1119, 1993 WL 143953

District Court of Appeal of Florida | Filed: May 7, 1993 | Docket: 457869

Cited 8 times | Published

entitled to the attorney's fee award under section 112.317(8), Florida Statutes. The Commission determined

Norman v. Ambler

46 So. 3d 178, 2010 Fla. App. LEXIS 16285, 2010 WL 4227426

District Court of Appeal of Florida | Filed: Oct 27, 2010 | Docket: 2396258

Cited 6 times | Published

ordered him "removed from said ballot," citing section 112.317(1)(c)1., Florida Statutes (2010). Courts must

Latham v. FLORIDA COM'N ON ETHICS

694 So. 2d 83, 1997 Fla. App. LEXIS 4126, 1997 WL 193834

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1449962

Cited 6 times | Published

female employee." The Commission, pursuant to section 112.317(1)(a)[2], Florida Statutes, *84 recommended

DeBusk v. Smith

390 So. 2d 327

Supreme Court of Florida | Filed: Sep 11, 1980 | Docket: 1504097

Cited 5 times | Published

$2,500 judgment to the State and declaring section 112.317(2), Florida Statutes (1977),[1] constitutional

Tenney v. STATE COM'N ON ETHICS

395 So. 2d 1244

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 1317568

Cited 4 times | Published

the legislature has repealed that part of section 112.317, Florida Statutes (1973), which made a violation

State v. Rou

366 So. 2d 385

Supreme Court of Florida | Filed: Nov 9, 1978 | Docket: 1655606

Cited 4 times | Published

Black's Law Dictionary 1359 (4th ed. 1968). [7] § 112.317, Fla. Stat. (1973). [8] Legislators, for example

South Florida Water Management District v. RLI Live Oak, LLC

139 So. 3d 869, 39 Fla. L. Weekly Supp. 345, 2014 WL 2118101, 2014 Fla. LEXIS 1672

Supreme Court of Florida | Filed: May 22, 2014 | Docket: 57504

Cited 3 times | Published

7 penalties for public officers under section 112.317(1)(a), Florida Statutes, 8 and campaign

MILANICK v. Osborne

6 So. 3d 729, 2009 Fla. App. LEXIS 3255, 2009 WL 1024584

District Court of Appeal of Florida | Filed: Apr 17, 2009 | Docket: 1665384

Cited 2 times | Published

denial of Milanick's motion for continuance. Section 112.317(7), Florida Statutes (2007), entitles Osborne

Kinzer v. STATE COM'N ON ETHICS

654 So. 2d 1007, 1995 Fla. App. LEXIS 4994, 1995 WL 271449

District Court of Appeal of Florida | Filed: May 10, 1995 | Docket: 1710405

Cited 2 times | Published

Miami Beach v. Galbut, 626 So.2d at 194. Under section 112.317, Florida Statutes (1989), there are civil penalties

Galbut v. City of Miami Beach

605 So. 2d 466, 1992 Fla. App. LEXIS 10621, 1992 WL 131899

District Court of Appeal of Florida | Filed: Oct 13, 1992 | Docket: 1343391

Cited 2 times | Published

Because this statute is penal in nature, see id. § 112.317, any doubt must be resolved in favor of a narrow

Taunton v. Tapper

396 So. 2d 843

District Court of Appeal of Florida | Filed: Apr 10, 1981 | Docket: 1447620

Cited 2 times | Published

the attorney's fees incurred by appellee. Section 112.317(8) provides: In any case in which the commission

Milanick v. State

147 So. 3d 34, 2014 Fla. App. LEXIS 7298, 2014 WL 1975652

District Court of Appeal of Florida | Filed: May 16, 2014 | Docket: 60243255

Cited 1 times | Published

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

Osborne v. Commission on Ethics

951 So. 2d 25, 2007 Fla. App. LEXIS 1985, 2007 WL 485982

District Court of Appeal of Florida | Filed: Feb 16, 2007 | Docket: 1682513

Cited 1 times | Published

with the Commission on Ethics is governed by section 112.317(8), Florida Statutes (2005), which reads in

Kaminsky v. Lieberman

675 So. 2d 261, 1996 WL 346934

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 1694606

Cited 1 times | Published

frivolous and malicious ethics complaint. See § 112.317(8), Fla.Stat. (1991). After a formal administrative

Nathan McLaughlin v. State of Florida, Commission on Ethics

208 So. 3d 782, 2016 Fla. App. LEXIS 18311

District Court of Appeal of Florida | Filed: Dec 12, 2016 | Docket: 4551388

Published

for costs and attorney’s fees sought under section 112.317(7), Florida Statutes. We affirm. I.

David Rivera v. Florida Commission on Ethics

195 So. 3d 1177, 2016 Fla. App. LEXIS 10371, 2016 WL 3606474

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108183

Published

findings and recommendation by the commission.... ” § 112.317(2), Fla. Stat.; see also DeBusk v. Smith

State, Florida Commission on Ethics v. MacNamara

833 So. 2d 299, 2002 Fla. App. LEXIS 19795, 2002 WL 31887859

District Court of Appeal of Florida | Filed: Dec 30, 2002 | Docket: 64819618

Published

penalty phase of this proceeding pursuant to section 112.317, Florida Statutes. Accordingly, we remand without

Ago

Florida Attorney General Reports | Filed: Aug 21, 2002 | Docket: 3256363

Published

Commission. You refer to the provisions of section 112.317(6), Florida Statutes, making it a misdemeanor

Patchett v. Commission on Ethics

626 So. 2d 319, 1993 Fla. App. LEXIS 11538, 1993 WL 462704

District Court of Appeal of Florida | Filed: Nov 12, 1993 | Docket: 64743928

Published

Officers and Employees), are penal in nature, see § 112.317 (penalties), and 2) his right to assert a constitutional

Ingram v. Holmes

625 So. 2d 142, 1993 Fla. App. LEXIS 10917

District Court of Appeal of Florida | Filed: Oct 26, 1993 | Docket: 64743342

Published

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

Tribune Co. v. Huffstetler

463 So. 2d 1169, 9 Fla. L. Weekly 2535, 1984 Fla. App. LEXIS 16428

District Court of Appeal of Florida | Filed: Dec 6, 1984 | Docket: 64610026

Published

attorney’s office regarding a violation of section 112.317(6), Florida Statutes, which criminally proscribes

Conrad v. State Commission on Ethics

414 So. 2d 1076, 1981 Fla. App. LEXIS 22137

District Court of Appeal of Florida | Filed: Mar 27, 1981 | Docket: 64590401

Published

confidential proceedings before the Commission. Section 112.317(6), Florida Statutes. Thus, the penalty for

Malfregeot v. Mobile Home Park Owners & Dealers of Martin County, Inc.

388 So. 2d 341, 1980 Fla. App. LEXIS 17267

District Court of Appeal of Florida | Filed: Sep 24, 1980 | Docket: 64578186

Published

appellant’s motion to tax attorney’s fees and costs. Section 112.317(8), Florida Statutes (1979) provides: In any

Ago

Florida Attorney General Reports | Filed: Jan 31, 1978 | Docket: 3258256

Published

official subject to part III, Ch. 112, F. S. Section 112.317(6), by its terms, and in pertinent part, only

Anderson v. D'Alemberte

334 So. 2d 618, 1976 Fla. App. LEXIS 13792

District Court of Appeal of Florida | Filed: Jun 30, 1976 | Docket: 64554403

Published

and employees are prohibited from performing. § 112.317, F.S.1974 Supplement, specifies the penalties

Ago

Florida Attorney General Reports | Filed: Mar 2, 1976 | Docket: 3256907

Published

meaning of s. 7(a), Art. IV, State Const. Section 112.317, among other things, stipulates that a violation