Florida Statute 112.321 | 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. 112.321

112.321 Membership, terms; travel expenses; staff.—

(1) The commission shall be composed of nine members. Five of these members shall be appointed by the Governor, no more than three of whom shall be from the same political party, subject to confirmation by the Senate. One member appointed by the Governor shall be a former city or county official and may be a former member of a local planning or zoning board which has only advisory duties. Two members shall be appointed by the Speaker of the House of Representatives, and two members shall be appointed by the President of the Senate. Neither the Speaker of the House of Representatives nor the President of the Senate shall appoint more than one member from the same political party. Of the nine members of the Commission, no more than five members shall be from the same political party at any one time. A member may not hold any public employment. An individual who qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215 or pursuant to any local government charter or ordinance may not serve as a member of the commission. A member of the commission may not lobby any state or local governmental entity as provided in s. 11.045 or s. 112.3215 or as provided by any local government charter or ordinance. All members shall serve 2-year terms. A member may not serve more than two full terms. Any member of the commission may be removed for cause by majority vote of the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court.

(2) The members of the commission shall elect a chair from their number, who shall serve for a 1-year term and may not succeed himself or herself as chair.

(3) Members of the commission shall receive no salary but shall receive travel and per diem as provided in s. 112.061.

(4) In accordance with the uniform personnel, job classification, and pay plan adopted with the approval of the President of the Senate and the Speaker of the House of Representatives and administered by the Office of Legislative Services, the commission shall employ an executive director and shall provide the executive director with necessary office space, assistants, and secretaries. Within the above uniform plan, decisions relating to hiring, promotion, demotion, and termination of commission employees shall be made by the commission or, if so delegated by the commission, by its executive director.

History.—s. 2, ch. 74-176; s. 3, ch. 75-199; s. 6, ch. 82-98; s. 1, ch. 86-148; s. 3, ch. 88-29; s. 2, ch. 91-49; s. 704, ch. 95-147; s. 24, ch. 98-136; s. 6, ch. 2000-243; s. 10, ch. 2006-275; s. 4, ch. 2024-253.

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Amendments to 112.321

Arrestable Offenses / Crimes under Fla. Stat. 112.321

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.321.

Annotations, Discussions, Cases:

Cases Citing Statute 112.321

Total Results: 9

Hinn v. Beary

Court: District Court of Appeal of Florida | Date Filed: 1997-10-10

Citation: 701 So. 2d 579, 1997 WL 627537

Snippet: the trial court erred in interpreting section 112.321 to cover only full-time deputies and argues that

Latham v. FLORIDA COM'N ON ETHICS

Court: District Court of Appeal of Florida | Date Filed: 1997-04-23

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

Snippet: the governor. They claimed that because section 112.321(1), Florida Statutes (1983) required appointment

Walsh v. Arrow Air, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1993-12-07

Citation: 629 So. 2d 144, 1993 Fla. App. LEXIS 12100

Snippet: Fla. Stat. (1991).[4] Without question sections 112.321 and 448.102 have *148 modified the common law in

Commission on Ethics v. Sullivan

Court: Supreme Court of Florida | Date Filed: 1986-05-08

Citation: 489 So. 2d 10, 11 Fla. L. Weekly 210, 1986 Fla. LEXIS 2168

Snippet: circuit court in Leon County held that section 112.321(1), Florida Statutes (1983),[1] is unconstitutional

Isley v. Askew

Court: District Court of Appeal of Florida | Date Filed: 1978-03-30

Citation: 358 So. 2d 32, 1978 Fla. App. LEXIS 15799

Snippet: adopted the method and procedure provided in Section 112.321, Florida Statutes (1975), as the constitutional

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-07-01

Snippet: Pursuant to s. 1(f), Art. IV, State Const., and ss.112.321(1) and 114.04, F. S., the Governor has the constitutional

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-03-10

Snippet: Statutes to the contrary notwithstanding," s. 112.321(2), F. S., empowering the commission to employ

State v. Dinsmore

Court: Supreme Court of Florida | Date Filed: 1975-01-29

Citation: 308 So. 2d 32

Snippet: reason that it is defined by the legislature in 112.321 [112.312], Subsection 3 and though the terminology

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Court: Florida Attorney General Reports | Date Filed: 1974-08-05

Snippet: Section 2 of Ch. 74-176, supra, creates a new s.112.321(1), F.S., which provides that the Commission on