CopyCited 38 times | Published | Supreme Court of Florida
...suspension, removal from office, or a $5,000 civil fine. To the non-complying official, the penalties, though non-criminal, are nonetheless significant and substantial. Appellants further suggest that any alleged vagueness in the statute is cured by Section 112.322(2)(a), Florida Statutes (1975)....
...435, 437; and Lewis v. Florida State Board of Health, Fla.App. 1962,
143 So.2d 867, 875. As stated in 1 Fla.Jur., Administrative Law, at page 243... . Id. at 211. Under principles enunciated in Atlantic Coast Line Railway and Joe Hatton, supra, utilization of Section
112.322(2)(a), Florida Statutes (1975), to remedy statutory vagueness is unlawful....
...ery or sweet corn within this state which the commissioner finds, after a hearing thereupon in which all interested persons are given an opportunity to be heard, is unfair and detrimental to the effectuation of the declared purposes of this act. [3] § 112.322(2)(a), Fla....
CopyCited 22 times | Published | Supreme Court of Florida
...Young American Builders,
330 So.2d 864 (Fla. 1st DCA 1976). [5] The artificiality of this declaratory proceeding is apparent from the Commission's "decision" that it is a judicial tribunal and its "order" that it is not. [6] 1976 Op. Att'y Gen. Fla. 076-242 (Dec. 22, 1976). [7] §
112.322(5), Fla. Stat. (1975), now appearing as §
112.322(6), Fla....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 8136, 1995 WL 449548
...cer with respect to findings of fact erroneously labeled as conclusions of law. The latter argument is well-founded, and we must reverse. I. Goin initiated this matter on July 7, 1994, by filing with the Commission a petition for hearing pursuant to section 112.322(2), Florida Statutes (1993)....
CopyCited 14 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 210, 1986 Fla. LEXIS 2168
...The duties of the FCE are not commensurate with these executive responsibilities. The constitution provides that the independent commission shall "conduct investigations and make public reports." Art. II, § 8(f), Fla. Const. In implementing this requirement section 112.322 provides the FCE with the authority to receive sworn complaints, conduct hearings, receive oral or written testimony, issue advisory opinions, subpoena and audit records, compel the attendance and testimony of witnesses, and administer oaths....
...In perhaps the most famous characterization of the judicial power, Chief Justice John Marshall said: "It is emphatically the province and duty of the judicial department to say what the law is." Marbury v. Madison,
5 U.S. 137, 177,
2 L.Ed. 60 (1803). The FCE has no such power. Section
112.322(3) provides the commission with the authority to issue advisory opinions to interpret or advise on the applicability of the state's ethics code....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1990 WL 27939
...contemplates *1217 a judicial proceeding in a court of law, before a judicial officer, by the plain meaning of "civil action ... for damages or injury." It is true that a sworn complaint initiates an administrative proceeding before the commission, section 112.322(1), Florida Statutes (1985), but that is not at all the same as a complaint for damages which initiates a civil proceeding in a court of law as governed by Florida Rules of Civil Procedure....
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...In so doing we do not presume to divine the reasoning employed by the previous panel of this court in arriving at its PCA decision. However, we can and do address the identical issue in the context of the present appeal. Chapter 112, part III, is the legislatively mandated Code of Ethics for public officers and employees. Section 112.322, Duties and powers of commission, subsection (1) provides: It is the duty of the Commission on Ethics to receive and investigate sworn complaints of violation of the code of ethics as established in this part, including investigation of all facts and parties materially related to the complaint at issue....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2007 WL 4206632
...[3] The reckless allegation of the appellees in this case are a perfect example of why the Legislature may wish not to adopt such a standard. [4] This is especially true because the Commission cannot initiate investigations on its own but may only act upon initiation of an individual complaint. See § 112.322, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 15905
...secondary sources of income. In addition, the Commission is
authorized by Section
112.3147, F.S., to prescribe forms required for
use in making the disclosures required by Article II, Section 8, Florida
Constitution, and by Section
112.322(9), F.S., to adopt rules
interpreting the disclosures established by Article II, Section 8,
Florida Constitution....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 21535
...District Court of Appeal of Florida, Third District. October 26, 1982. Frank A. Howard, in pro. per. Philip C. Claypool, Staff Atty., Com'n on Ethics, Tallahassee, for appellee. Before SCHWARTZ, NESBITT and JORGENSON, JJ. NESBITT, Judge. Pursuant to Section 112.322(3)(a), Florida Statutes (1979), attorney Howard instituted a request for an advisory opinion from the Florida Commission on Ethics concerning the potential for conflict between certain employment in which he was engaged....
...cide an appeal from an advisory opinion and decide that we do, in fact, have jurisdiction. While it is true that Howard merely sought an advisory opinion, upon its issuance by the Commission, that opinion became binding on the conduct of Howard. See § 112.322(3)(b), Fla....
...m which also has contracted to provide legal services to the School Board. Respectfully submitted, THE COMMISSION ON ETHICS /s/ William C. Andrews William C. Andrews Chairman /s/ Lawrence A. Gonzalez Lawrence A. Gonzalez Executive Director NOTES [1] Section 112.322(3)(b), supra, provides: Said opinion, until amended or revoked, shall be binding on the conduct of the officer, employee, or candidate who sought the opinion or with reference to whom the opinion was sought, unless material facts were omitted or misstated in the request for the advisory opinion....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...or his law firm before the city commission under the
circumstances of this case.
First, this broad interpretation is inconsistent with the
longstanding interpretation of the statute reflected in the
Commission’s advisory opinions issued pursuant to section
112.322(3)....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
official," for purposes of the statute. 19 Section
112.322(3)(a) and (b), Florida Statutes. 20 See Op
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
...y fix the compensation therefor. 7 See, s. 18, Art. III, State Const., stating that a code of ethics for all state employees and nonjudicial officers prohibiting conflict between public duties and private interests shall be prescribed by law. 8 See, s. 112.322 (3)(a), F.S., authorizing the commission to render an opinion to any public officer, candidate for public office or public employee in doubt about the applicability and interpretation of Part III, Ch....
...Such opinions, until amended or revoked, are binding on the conduct of the officer, candidate or employee who sought the opinion or with reference to whom the opinion was sought, unless material facts were omitted or misstated in the request for the opinion. Section 112.322 (3)(b), F.S.
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15545
...This proceeding involves a construction of certain provisions of Part III of Chapter 112, Florida Statutes, 1974, entitled “Standards of Conduct for Public Officers and Employees.” §
112.320 of that chapter creates respondent, the Commission on Ethics, and §
112.322 sets forth respondent’s duties and powers. Subsections (1) and (2) of §
112.322 provide as follows: “(1) It is the duty of the commission on ethics to receive and investigate complaints of violation of the code of ethics as established in this part....
CopyPublished | Florida 1st District Court of Appeal
...procedures under which the Commission is to investigate and
report violations to the proper disciplinary official or body with the
power to invoke the chapter’s disciplinary provisions. See
§§
112.317,
112.324, Fla. Stat. To carry out these duties, section
112.322 provides the Commission with authority to conduct
hearings, receive oral or written testimony, issue advisory
opinions, subpoena and audit records, compel the attendance and
testimony of witnesses, and administer oaths....
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
...f the Commission on Ethics are subject to public inspection and examination even if they contain the name of a public officer or employee who has not consented to the use of his or her name in a published advisory opinion rendered by the commission. Section 112.322 (3)(a), F....
...ss under s. 112.323(3), F. S. (1976 Supp.), i.e ., the rendering and publication of advisory opinions establishing standards of public duties under part III of Ch. 112, F. S., are clearly public records within the contemplation of s.
119.011 . Cf . ss.
112.322 (2)(c) and (d), F....
...examine public records at reasonable times, under reasonable conditions, and under supervision by the custodian of the records, unless exempted from the provisions of ss.
119.01 and
119.07 (1), F. S., by the terms of s.
119.07 (2), F. S. Nothing in s.
112.322 (3)(a), F....
...dering advisory opinions to public officers, candidates for public office, or public employees from the mandatory inspection provisions of s.
119.07 (1), F. S. It only provides for the publication of anonymous opinions in certain circumstances. Cf . s.
112.322 (2)(c) and (d), F. S. (1976 Supp.), with s.
112.324 , F. S., and Gannett Co., Inc. v. Goldtrap,
302 So.2d 174 (2 D.C.A. Fla., 1974); Caswell v. Manhattan Fire Marine Insurance Co.,
399 F.2d 417 (5th Cir. 1968). The question is then presented as to whether s.
112.322 (3)(a) constitutes an implied exception to s....
...S., statutes purporting to create exceptions to the rule favoring `openness' in government should not be given broader interpretation than is necessary to accomplish their specific purpose. See Stivahtis v. Juras, 511 P.2d 421 (Ore. 1973). Since the specific purpose of s.
112.322 (3)(a) appears to be addressed to the publication of anonymous opinions by the commission in those cases where the person requesting the opinion has not consented to the use of his or her name, this purpose should not be expanded by implication to exclude from ss.
119.01 and
119.07 (1) other documents contained in the files of the commission but not specifically mentioned at s.
112.322 (3)(a)....
...tioned. Thayer v. State of Florida,
335 So.2d 815 , 817 (Fla. 1976); Interlachen Lakes Estates, Inc. v. R. Snyder, Jr.,
304 So.2d 433 , 434 (Fla. 1974); Dobbs v. Sea Isle Hotel et al .,
56 So.2d 341 , 342 (Fla. 1952); and cf . State v. Pace, supra . Section
112.322 (3)(a) is addressed only to the publication of advisory opinions and to no other documents or records....
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
...Sincerely, Charlie Crist Attorney General 1 Cf., Op. Att'y Gen. Fla. 96-75 (1996) (discussion of confidential medical records at closed-door litigation strategy meeting not protected once transcript of the meeting made available at conclusion of litigation). 2 Section 112.322 (1), Fla. Stat. 3 Section 112.322 (3), Fla....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
...ght to my attention. I find in the general laws no express authority for such expenditure. Chapter 112, part III, F. S., sets forth the standards of conduct expected from the public officials of this state and prohibits violation of these standards. Section 112.322 empowers the Ethics Commission to investigate sworn complaints of violations of the Ethics Code by such officials, and to recommend an appropriate penalty (as provided in s....
CopyAgo (Fla. Att'y Gen. 2003).
Published | Florida Attorney General Reports
136, Florida Statutes.); 60-77 (1960). 25 Section
112.322(3)(a), Fla. Stat.
