eLaws of Florida

  SECTION 112.317. Penalties.  


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  • 1(1) 2Any 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:
    74(a) 75In the case of a public officer:
    821. 83Impeachment.
    842. 85Removal from office.
    883. 89Suspension from office.
    924. 93Public censure and reprimand.
    975. 98Forfeiture of no more than one-third of his or her salary per month for no more than 12 months.
    1176. 118A civil penalty not to exceed $10,000.
    1267. 127Restitution 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.
    165(b) 166In 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:
    1921. 193Dismissal from employment.
    1962. 197Suspension from employment for not more than 90 days without pay.
    2083. 209Demotion.
    2104. 211Reduction in his or her salary level.
    2185. 219Forfeiture of no more than one-third salary per month for no more than 12 months.
    2346. 235A civil penalty not to exceed $10,000.
    2437. 244Restitution 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.
    2928. 293Public censure and reprimand.
    297(c) 298In the case of a candidate who violates this part or s. 8(a) and (i), Art. II of the State Constitution:
    3191. 320Disqualification from being on the ballot.
    3262. 327Public censure.
    3293. 330Reprimand.
    3314. 332A civil penalty not to exceed $10,000.
    340(d) 341In 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:
    3761. 377Public censure and reprimand.
    3812. 382A civil penalty not to exceed $10,000.
    3903. 391Restitution 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.
    427(e) 428In the case of a person who is subject to the standards of this part, other than a lobbyist or lobbying firm under s. 452112.3215 453for a violation of s. 458112.3215, 459but who is not a public officer or employee:
    4681. 469Public censure and reprimand.
    4732. 474A civil penalty not to exceed $10,000.
    4823. 483Restitution 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.
    516(2) 517In 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. 549112.324 550imposes 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.
    634(3) 635The penalties prescribed in this part shall not be construed to limit or to conflict with:
    651(a) 652The power of either house of the Legislature to discipline its own members or impeach a public officer.
    670(b) 671The power of agencies to discipline officers or employees.
    680(4) 681Any 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.
    721(5) 722By 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.
    817(6) 818In 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.
    867(7) 868In any case in which the commission determines that a person has filed a complaint against a public officer or employee with a malicious intent to injure the reputation of such officer or employee 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.

Note

Note.-Section 1, ch. 2020-182, provides that “[f]or the purpose of implementing the amendment to s. 8, Article II of the State Constitution and the creation of s. 38, Article XII of the State Constitution, as adopted in Amendment 12 in the 2018 general election, and specifying the applicable penalties for violations of the prohibition against abuse of public position, section 112.317, Florida Statutes, is reenacted.”

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