Bill Text: FL S2630 | 2010 | Regular Session | Introduced

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Bill Title: Florida Commission on Ethics [GPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Ethics and Elections [S2630 Detail]

Download: Florida-2010-S2630-Introduced.html

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Florida Senate - 2010                                    SB 2630 
 
By Senator Aronberg 
27-02081A-10                                          20102630__ 
1                        A bill to be entitled 
2         An act relating to the Florida Commission on Ethics; 
3         amending s. 112.322, F.S.; authorizing the Commission 
4         on Ethics to initiate on its own volition an 
5         investigation of an alleged violation of the code of 
6         ethics and of any other breach of the public trust; 
7         amending s. 112.324, F.S.; providing that upon a 
8         written complaint executed under oath or affirmation 
9         by the executive director of the commission, the 
10         commission shall meet to determine if the commission 
11         should initiate a preliminary investigation of an 
12         alleged violation of the code of ethics or of any 
13         other alleged breach of the public trust; requiring 
14         the commission to vote by a specified majority to 
15         approve the preliminary investigation; requiring the 
16         commission to forward a copy of the commission’s order 
17         for a preliminary investigation to the alleged 
18         violator; amending s. 112.317, F.S.; increasing the 
19         civil penalty that may be imposed on public officers, 
20         employees, and others for violating the code of ethics 
21         and for any other breach of the public trust; 
22         providing an effective date. 
23 
24  Be It Enacted by the Legislature of the State of Florida: 
25 
26         Section 1. Subsection (1) of section 112.322, Florida 
27  Statutes, is amended to read: 
28         112.322 Duties and powers of commission.— 
29         (1) It is the duty of the Commission on Ethics to: 
30         (a) Receive and investigate sworn complaints of violation 
31  of the code of ethics as established in this part and of any 
32  other breach of the public trust, as provided in s. 8(f), Art. 
33  II of the State Constitution; and, 
34         (b) When appropriate as set forth in this part, initiate on 
35  its own volition an investigation of an alleged violation of the 
36  code of ethics as established in this part and any other breach 
37  of public trust, as provided in s. 8(f), Art. II of the State 
38  Constitution, 
39 
40  including investigating investigation of all facts and parties 
41  materially related to the complaint at issue. 
42         Section 2. Subsections (1) and (3) of section 112.324, 
43  Florida Statutes, are amended to read: 
44         112.324 Procedures on complaints of violations; public 
45  records and meeting exemptions.— 
46         (1)(a) Upon a written complaint executed on a form 
47  prescribed by the commission and signed under oath or 
48  affirmation by any person, the commission shall investigate any 
49  alleged violation of this part or any other alleged breach of 
50  the public trust within the jurisdiction of the commission as 
51  provided in s. 8(f), Art. II of the State Constitution in 
52  accordance with procedures set forth herein. Within 5 days after 
53  receipt of a complaint by the commission, a copy of the 
54  complaint shall be transmitted to the alleged violator. 
55         (b) Upon a written complaint executed under oath or 
56  affirmation by the executive director of the commission, the 
57  commission shall meet to determine if the commission should 
58  initiate an investigation of an alleged violation of this part 
59  or any other alleged breach of the public trust within the 
60  jurisdiction of the commission as provided in s. 8(f), Art. II 
61  of the State Constitution. In order to begin a preliminary 
62  investigation, the commission must vote to approve the 
63  investigation by an affirmative vote of six of nine members. 
64  Within 5 days after the commission approves the preliminary 
65  investigation, a copy of the commission’s complaint shall be 
66  transmitted to the alleged violator. 
67         (3)(a) A preliminary investigation shall be undertaken by 
68  the commission of each legally sufficient complaint over which 
69  the commission has jurisdiction to determine whether there is 
70  probable cause to believe that a violation has occurred. If, 
71  upon completion of the preliminary investigation, the commission 
72  finds no probable cause to believe that this part has been 
73  violated or that any other breach of the public trust has been 
74  committed, the commission shall dismiss the complaint with the 
75  issuance of a public report to the complainant and the alleged 
76  violator, stating with particularity its reasons for dismissal 
77  of the complaint. At that time, the complaint and all materials 
78  relating to the complaint shall become a matter of public 
79  record. 
80         (b) If the commission finds from the preliminary 
81  investigation probable cause to believe that this part has been 
82  violated or that any other breach of the public trust has been 
83  committed, it shall so notify the complainant, the executive 
84  director of the commission, and the alleged violator in writing. 
85  The Such notification and all documents made or received in the 
86  disposition of the complaint shall then become public records. 
87  Upon request submitted to the commission in writing, any person 
88  who the commission finds probable cause to believe has violated 
89  any provision of this part or has committed any other breach of 
90  the public trust shall be entitled to a public hearing. The Such 
91  person is shall be deemed to have waived the right to a public 
92  hearing if the request is not received by the commission within 
93  14 days after following the mailing of the probable cause 
94  notification was mailed to the person required by this 
95  subsection. However, the commission may on its own motion, 
96  require a public hearing, may conduct such further investigation 
97  as it deems necessary, and may enter into such stipulations and 
98  settlements as it finds to be just and in the best interest of 
99  the state. The commission is without jurisdiction to, and no 
100  respondent may voluntarily or involuntarily, enter into a 
101  stipulation or settlement which imposes any penalty, including, 
102  but not limited to, a sanction or admonition or any other 
103  penalty contained in s. 112.317. Penalties shall be imposed only 
104  by the appropriate disciplinary authority as designated in this 
105  section. 
106         Section 3. Subsection (1) of section 112.317, Florida 
107  Statutes, is amended to read: 
108         112.317 Penalties.— 
109         (1) Violation of any provision of this part, including, but 
110  not limited to, any failure to file any disclosures required by 
111  this part or violation of any standard of conduct imposed by 
112  this part, or violation of any provision of s. 8, Art. II of the 
113  State Constitution, in addition to any criminal penalty or other 
114  civil penalty involved, shall, under applicable constitutional 
115  and statutory procedures, constitute grounds for, and may be 
116  punished by, one or more of the following: 
117         (a) In the case of a public officer: 
118         1. Impeachment. 
119         2. Removal from office. 
120         3. Suspension from office. 
121         4. Public censure and reprimand. 
122         5. Forfeiture of no more than one-third salary per month 
123  for no more than 12 months. 
124         6. A civil penalty not to exceed $50,000 $10,000. 
125         7. Restitution of any pecuniary benefits received because 
126  of the violation committed. The commission may recommend that 
127  the restitution penalty be paid to the agency of which the 
128  public officer was a member or to the General Revenue Fund. 
129         (b) In the case of an employee or a person designated as a 
130  public officer by this part who otherwise would be deemed to be 
131  an employee: 
132         1. Dismissal from employment. 
133         2. Suspension from employment for not more than 90 days 
134  without pay. 
135         3. Demotion. 
136         4. Reduction in salary level. 
137         5. Forfeiture of no more than one-third salary per month 
138  for no more than 12 months. 
139         6. A civil penalty not to exceed $25,000 $10,000. 
140         7. Restitution of any pecuniary benefits received because 
141  of the violation committed. The commission may recommend that 
142  the restitution penalty be paid to the agency by which the 
143  public employee was employed, or of which the officer was deemed 
144  to be an employee, or to the General Revenue Fund. 
145         8. Public censure and reprimand. 
146         (c) In the case of a candidate who violates the provisions 
147  of this part or s. 8(a) and (i), Art. II of the State 
148  Constitution: 
149         1. Disqualification from being on the ballot. 
150         2. Public censure. 
151         3. Reprimand. 
152         4. A civil penalty not to exceed $10,000. 
153         (d) In the case of a former public officer or employee who 
154  has violated a provision applicable to former officers or 
155  employees or whose violation occurred before the officer’s or 
156  employee’s leaving public office or employment: 
157         1. Public censure and reprimand. 
158         2. A civil penalty not to exceed $15,000 $10,000. 
159         3. Restitution of any pecuniary benefits received because 
160  of the violation committed. The commission may recommend that 
161  the restitution penalty be paid to the agency of the public 
162  officer or employee or to the General Revenue Fund. 
163         (e) In the case of a person who is subject to the standards 
164  of this part, other than a lobbyist or lobbying firm under s. 
165  112.3215 for a violation of s. 112.3215, but who is not a public 
166  officer or employee: 
167         1. Public censure and reprimand. 
168         2. A civil penalty not to exceed $25,000 $10,000. 
169         3. Restitution of any pecuniary benefits received because 
170  of the violation committed. The commission may recommend that 
171  the restitution penalty be paid to the agency of the person or 
172  to the General Revenue Fund. 
173         Section 4. This act shall take effect July 1, 2010.