Florida Statute 112.321 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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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

Annotations, Discussions, Cases:

Cases Citing Statute 112.321

Total Results: 4 | Sort by: Relevance | Newest First

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Comm'n on Ethics v. Sullivan, 489 So. 2d 10 (Fla. 1986).

Cited 14 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 210, 1986 Fla. LEXIS 2168

...er son John Sullivan (the Sullivans) alleging breach of the public trust while each served, respectively, as Supervisor of Elections and Deputy Supervisor of Elections for Leon County. In the instant matter the circuit court in Leon County held that section 112.321(1), Florida Statutes (1983), [1] is unconstitutional as a violation of article II, section 3 (separation of powers); article X, section 3 (vacancy in office); and article IV, section 6 (executive departments), of the Florida Constitution....

...Hence, the independent commission provided for in article II, section 8(f) remains the FCE. It would also appear that the sunshine amendment to the constitution adopted by implication the statutory method in selecting and appointing members to the commission. In determining whether section 112.321(1) violates article II, section 3 of the constitution the position the ethics commission holds in our scheme of government is an important, if not determinative, factor....

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Latham v. Florida Com'n on Ethics, 694 So. 2d 83 (Fla. 1st DCA 1997).

Cited 6 times | Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 4126, 1997 WL 193834

...y, found themselves the subjects of complaints filed with the Commission. The Sullivans argued that the Commission is part of the executive branch, and the power to appoint its members resided exclusively with the governor. They claimed that because section 112.321(1), Florida Statutes (1983) required appointment of Commission members by the Speaker of the House and the President of the Senate, the statute violated article II, section 3 (separation of powers), article IV, section 6 (executive de...

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Hinn v. Beary, 701 So. 2d 579 (Fla. 5th DCA 1997).

Cited 2 times | Published | Florida 5th District Court of Appeal | 1997 WL 627537

...Christopher Hinn appeals the final summary judgment which determined that as a part-time deputy sheriff he is not covered by Florida's "Law Enforcement Officers' Bill of Rights" ("the Bill of Rights") (sections 112.531-112.535, Florida Statutes (1995)). Hinn contends that the trial court erred in interpreting section 112.321 to cover only full-time deputies and argues that the statute clearly and unambiguously refers to all deputies, whether full- or part-time....

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Isley v. Askew, 358 So. 2d 32 (Fla. Dist. Ct. App. 1978).

Published | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15799

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