Florida Statute 112.317 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 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.

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 Citing Statute 112.317

Total Results: 20

Honorable Rick Scott, individually and in etc. v. Donald Hinkle

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-29T23:53:00-08:00

Snippet: the chapter’s disciplinary provisions. See §§ 112.317, 112.324, Fla. Stat. To carry out these duties,

Nathan McLaughlin v. State of Florida, Commission on Ethics

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-12T00:00:00-08:00

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

Snippet: costs and attorney’s fees sought under section 112.317(7), Florida Statutes. We affirm. I. In…parameters are met. The applicable statute, section 112.317(7), states in relevant part: In any case in…defense of the person complained against[J § 112.317, Fla. Stat. (2013). Pursuant to this statute, Hadeed…consolidated appeal is the language of section 112.317(7), which requires that a complaint contain false… or child abuser is of no moment under section 112.317(7) unless the false allegation is “material” to

David Rivera v. Florida Commission on Ethics

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-06T00:00:00-07:00

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

Snippet: findings and recommendation by the commission.... ” § 112.317(2), Fla. Stat.; see also DeBusk v. Smith,….2d 327, 328 (Fla.1980) (explaining that section 112.317(2) is “a codification of the estoppel rule”); …Fla. 1st DCA 1997) (noting that, under section 112.317(2), “all defenses to [the Commission’s] orders … Indeed, under the plain language of section 112.317(2), a challenge to the .disciplinary official’s… brought by the Attorney General under section 112.317(2). AFFIRMED. WOLF, WETHERELL, and JAY

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

Court: Fla. | Date Filed: 2014-05-22T00:00:00-07:00

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

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

Milanick v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-16T00:00:00-07:00

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

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

Norman v. Ambler

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-27T00:00:00-07:00

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

Snippet: removed from said ballot," citing section 112.317(1)(c)1., Florida Statutes (2010). Courts must take

MILANICK v. Osborne

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-17T00:00:00-07:00

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

Snippet: Milanick's motion for continuance. Section 112.317(7), Florida Statutes (2007), entitles Osborne to

Brown v. STATE, COM'N ON ETHICS

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-29T23:53:00-08:00

Citation: 969 So. 2d 553

Snippet: renumbered. It is now section 112.317(7). [2] We recognize that section 112.317(8) involves policy considerations… denying costs and attorney fees under section 112.317(8) Florida Statutes (2004).[1] We conclude that…claim for costs and attorney fees under section 112.317(8). This statute provides that a person who files…award of costs and attorney fees under section 112.317(8). He determined that Brown was entitled to recover…The Commission construed the language of section 112.317(8) to require a finding of "actual malice,

Osborne v. Commission on Ethics

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-15T23:53:00-08:00

Citation: 951 So. 2d 25

Snippet: the Commission on Ethics is governed by section 112.317(8), Florida Statutes (2005), which reads in pertinent…effect that the ALJ's construction of section 112.317(8) was not correct. In the view of the Commission…Commission, we conclude that pursuant to section 112.317(8), Mayor Osborne was entitled to the award of

Addicott v. Leff

Court: Fla. Dist. Ct. App. | Date Filed: 2005-02-16T00:00:00-08:00

Citation: 934 So. 2d 489, 2005 Fla. App. LEXIS 1611, 2005 WL 357323

Snippet: Ethics denying him attorney’s fees under subsection 112.317(8), Florida Statutes (2003). • Upon *490review

State, Florida Commission on Ethics v. MacNamara

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-30T00:00:00-08:00

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

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 2002-08-21T00:53:00-07:00

Snippet: Commission. You refer to the provisions of section 112.317(6), Florida Statutes, making it a misdemeanor to…Gonzalez5 the district court concluded that section 112.317(6), Florida Statutes, is unconstitutional, stating…pursuant toDBPR's investigation. Unlike section 112.317(6), Florida Statutes, which seeks to prohibit the

Latham v. FLORIDA COM'N ON ETHICS

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-23T00:53:00-07:00

Citation: 694 So. 2d 83

Snippet: , or others. [2] Section 112.317(1)(a), Florida Statutes provides: 112.317 Penalties. (1) Violation…employee." The Commission, pursuant to section 112.317(1)(a)[2], Florida Statutes, *84 recommended that…penalties available for a public officer under section 112.317(1)(a), Florida Statutes.[3] In reaching this conclusion… find that the penalties authorized by section 112.317, Florida Statutes implicate a loss of livelihood… a very explicit section on penalties, section 112.317. Violation of the code shall, "in addition

Kaminsky v. Lieberman

Court: Fla. Dist. Ct. App. | Date Filed: 1996-06-26T00:53:00-07:00

Citation: 675 So. 2d 261

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1996-03-03T23:53:00-08:00

Snippet: in which the district court concluded that s. 112.317(6), Fla. Stat., making it a misdemeanor to disclose

Brown v. City of Lauderhill

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-10T00:53:00-07:00

Citation: 654 So. 2d 302

Snippet: in the name of the mayor, pursuant to section 112.317, Florida Statutes, alleging that the ethics commission

Kinzer v. STATE COM'N ON ETHICS

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-10T00:53:00-07:00

Citation: 654 So. 2d 1007

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

Patchett v. Commission on Ethics

Court: Fla. Dist. Ct. App. | Date Filed: 1993-11-12T00:00:00-08:00

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

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

Ingram v. Holmes

Court: Fla. Dist. Ct. App. | Date Filed: 1993-10-26T00:00:00-07:00

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

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

City of Miami Beach v. Galbut

Court: Fla. | Date Filed: 1993-10-21T00:53:00-07:00

Citation: 626 So. 2d 192

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