Bill Text: FL S2630 | 2010 | Regular Session | Introduced
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
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 investigatinginvestigation ofall 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 TheSuchnotification 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. TheSuch91 person isshall bedeemed to have waived the right to a public 92 hearing if the request is not received by the commission within 93 14 days afterfollowing the mailing ofthe probable cause 94 notification was mailed to the personrequired by this95subsection. 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.
