Florida Statute 112.326 | 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. 112.326

112.326 Additional requirements by political subdivisions and agencies not prohibited; certain procedures preempted.—

(1) Except as provided in subsection (2), this part does not prohibit the governing body of any political subdivision, by ordinance, or agency, by rule, from imposing upon its own officers and employees additional or more stringent standards of conduct and disclosure requirements than those specified in this part, provided that those standards of conduct and disclosure requirements do not otherwise conflict with the provisions of this part.

(2) If a political subdivision or an agency adopts by ordinance or rule additional or more stringent standards of conduct and disclosure requirements pursuant to subsection (1), any noncriminal complaint procedure must:

(a) Require a complaint to be written and signed under oath or affirmation by the person making the complaint.

(b) Require a complaint to be based upon personal knowledge or information other than hearsay.

(c) Prohibit the initiation of a complaint or investigation by the governing body of the political subdivision, agency, or any entity created to enforce the standards.

(d) Include a provision establishing a process for the recovery of costs and attorney fees for public officers, public employees, or candidates for public office against a person found by the governing body of the political subdivision, agency, or entity created to enforce the standards to have filed the complaint with a malicious intent to injure the reputation of such officer, 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.

(3) Any existing or future ordinance or rule adopted by a political subdivision or an agency which is in conflict with subsection (2) is void.

History.—s. 5, ch. 75-196; s. 12, ch. 94-277; s. 8, ch. 2024-253.

F.S. 112.326 on Google Scholar

F.S. 112.326 on Casetext

Amendments to 112.326

Arrestable Offenses / Crimes under Fla. Stat. 112.326

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.326.

Annotations, Discussions, Cases:

Cases Citing Statute 112.326

Total Results: 3

Ago

Court: Fla. Att'y Gen. | Date Filed: 2010-09-16T00:53:00-07:00

Snippet: and disclosure requirements as provided in s. 112.326, Florida Statutes, which relate to a complaint …conduct and disclosure requirements as providedin s. 112.326 are confidential and exempt from the provisions…standards as authorized by Florida Statutes, s. 112.326."5 Thus, the enforcement of the ethics code

Blackburn v. State, Com'n on Ethics

Court: Fla. Dist. Ct. App. | Date Filed: 1991-11-14T23:53:00-08:00

Citation: 589 So. 2d 431

Snippet: quot; is comprised of sections 112.311 through 112.326. The legislative intent and declaration of policy

Ago

Court: Fla. Att'y Gen. | Date Filed: 1988-12-29T23:53:00-08:00

Snippet: for Public Officers and Employees (ss. 112.311-112.326, F.S.) must be submitted to the Florida Commission