112.317
Penalties.
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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.
(c) In the case of a candidate who violates this part or s. 8(a) and (i), Art. II of the State Constitution:
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.
Notes of Decisions
Cited in 43
cases, 1975–2018 · leading case: Brown v. STATE, COM'N ON ETHICS
Brown v. STATE, COM'N ON ETHICS (2007)
“It is now section 112.317(7). [2] We recognize that section 112.”
Couch v. Commission on Ethics (1993)
“The order finds that appellee Chapin was entitled to the attorney's fee award under section 112.317(8), Florida Statutes. The Commission determined that appellant Couch was liable for attorney's fees in the amount of ,980 to be paid to Orange County, Florida, and this appeal…”
Doe v. Gonzalez (1988)
“1986), “the principal interests which Section 112.317 § 6) furthers amounts to a private interest in reputation.”
Tribune Co. v. Huffstetler (1986)
“The issue is whether a reporter, subpoenaed in a state attorney's investigation, has a qualified privilege against revealing the identity of a source whose information violated section 112.317(6), Florida Statutes (1981).”
Latham v. FLORIDA COM'N ON ETHICS (1997)
“Of course, the Ethics Code does contain a very explicit section on penalties, section 112.”
DeBusk v. Smith (1980)
“The Commission recommended that DeBusk be penalized ,500 in accordance with section 112.317(1)(a)6, Florida Statutes (1975).”
Thornber v. City of Ft. Walton Beach (1990)
“This is further evidenced by the fact that § 112.317(2), Fla. Stat. (1989), provides that upon a finding of a violation of the Code of Ethics and a recommendation of a civil or restitution penalty, the Attorney General must bring a civil action to recover the recommended penalty.”
D'ALEMBERTE v. Anderson (1977)
“Further, there are sanctions in the current Section 112.317, Florida Statutes (1975), which provide for such inexorable penalties as impeachment, suspension, removal from office, or a ,000 civil fine.”
City of Miami Beach v. Galbut (1993)
“NOTES [1] See § 112.317, Fla. Stat. (1991). [2] Galbut served for ten years on the Board of Adjustment and is obviously well qualified for the position he seeks.”
Oldham v. Rooks (1978)
“Also relevant to the issue here presented was the amendment in 1970 to Section 112.317, Florida Statutes (1969), dealing with violations of any provision of Part III, Chapter 112, Florida Statutes.”
South Florida Water Management District v. RLI Live Oak, LLC (2014)
“Other contexts in which the clear and convincing evidence standard is applied include: involuntary civil commitment proceedings, 2 deportation cases, 3 denaturalization cases, 4 civil theft, 5 forfeitures, 6 the revocation of a professional license, 7 penalties for public…”
Miami Herald Publishing Co. v. Morejon (1990)
“[2] The implicated commissioners filed a complaint alleging violation of § 112.317(6), Fla. Stat. (1981), which prohibits disclosure of either one's own intent to file an ethics complaint or the existence of a complaint already filed with the state ethics commission.”
— 112.317(1)(a) — 4 cases
Latham v. FLORIDA COM'N ON ETHICS (1997)
“Of course, the Ethics Code does contain a very explicit section on penalties, section 112.”
South Florida Water Management District v. RLI Live Oak, LLC (2014)
“Other contexts in which the clear and convincing evidence standard is applied include: involuntary civil commitment proceedings, 2 deportation cases, 3 denaturalization cases, 4 civil theft, 5 forfeitures, 6 the revocation of a professional license, 7 penalties for public…”
DeBusk v. Smith (1980)
“The Commission recommended that DeBusk be penalized ,500 in accordance with section 112.317(1)(a)6, Florida Statutes (1975).”
— 112.317(2) — 4 cases
DeBusk v. Smith (1980)
“The Commission recommended that DeBusk be penalized ,500 in accordance with section 112.317(1)(a)6, Florida Statutes (1975).”
Thornber v. City of Ft. Walton Beach (1990)
“This is further evidenced by the fact that § 112.317(2), Fla. Stat. (1989), provides that upon a finding of a violation of the Code of Ethics and a recommendation of a civil or restitution penalty, the Attorney General must bring a civil action to recover the recommended penalty.”
Latham v. FLORIDA COM'N ON ETHICS (1997)
“Of course, the Ethics Code does contain a very explicit section on penalties, section 112.”
— 112.317(6) — 8 cases
Tribune Co. v. Huffstetler (1986)
“The issue is whether a reporter, subpoenaed in a state attorney's investigation, has a qualified privilege against revealing the identity of a source whose information violated section 112.317(6), Florida Statutes (1981).”
Doe v. Gonzalez (1988)
“1986), “the principal interests which Section 112.317 § 6) furthers amounts to a private interest in reputation.”
Miami Herald Publishing Co. v. Morejon (1990)
“[2] The implicated commissioners filed a complaint alleging violation of § 112.317(6), Fla. Stat. (1981), which prohibits disclosure of either one's own intent to file an ethics complaint or the existence of a complaint already filed with the state ethics commission.”
Tribune Co. v. Huffstetler (1984)
State v. Collins (1983)
— 112.317(7) — 4 cases
Brown v. STATE, COM'N ON ETHICS (2007)
“It is now section 112.317(7). [2] We recognize that section 112.”
MILANICK v. Osborne (2009)
Milanick v. State (2014)
— 112.317(8) — 8 cases
Brown v. STATE, COM'N ON ETHICS (2007)
“It is now section 112.317(7). [2] We recognize that section 112.”
Couch v. Commission on Ethics (1993)
“The order finds that appellee Chapin was entitled to the attorney's fee award under section 112.317(8), Florida Statutes. The Commission determined that appellant Couch was liable for attorney's fees in the amount of ,980 to be paid to Orange County, Florida, and this appeal…”
Taunton v. Tapper (1981)
Kaminsky v. Lieberman (1996)
— 112.317(l)(c) — 1 case
Norman v. Ambler (2010)
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