CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 8136, 1995 WL 449548
...3(4). In the recommended order issued by the hearing officer, this conclusion had been denominated a "conclusion of law." Having found a violation, the Commission recommended the President of FSU impose a restitution penalty and a civil penalty. See § 112.324(7)(b), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 16285, 2010 WL 4227426
...findings to the *184 "proper disciplinary official or body," [10] which shall have the "power to invoke the penalty provisions of this part, including the power to order the appropriate elections official to remove a candidate from the ballot." See § 112.324(8), Fla....
...n, Article II, section 8 contains no disqualification or ineligibility provision, and contemplates implementing legislation. [10] In the case of a candidate for the Florida Legislature, the "proper disciplinary official or body" is the Governor. See § 112.324(8)(d), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 4126, 1997 WL 193834
...than twelve months, (6) a civil penalty not to exceed $10,000, and (7) restitution of any pecuniary benefits received because of the violation committed. Without denying the substance of the statute, the Commission points out that under the terms of section 112.324, the Commission does not exact any penalty. Instead, it reports its findings and recommendations "to the proper disciplinary official or body as follows, and such official or body shall have the power to invoke the penalty provisions of the Ethics Code. § 112.324(7), Fla....
...ust be raised in the Ethics Commission proceeding or they are lost at the stage of imposition or enforcement. We also find significant the provision for judicial review in the Ethics Code. Judicial review is only of "final action by the commission." § 112.3241, Fla....
...." §
120.68(1), Fla. Stat. (Supp.1996); Legal Envtl. Assistance Found., Inc. v. Clark,
668 So.2d 982 (Fla.1996); Bodenstab v. Department of Prof. Reg., Bd. of Medicine,
648 So.2d 742 (Fla. 1st DCA 1994), rev. denied
659 So.2d 1085 (Fla.1995). Under section
112.324(7), the Commission must report its findings and recommend appropriate action to "the proper disciplinary official," which in this case is the governor, section
112.324(7)(d)....
...Because the judiciary has no right to intervene in the governor's function [5] , it stands to reason that stringent protection should be required at the Commission level. Only final action by the Commission is explicitly subjected to judicial review by section 112.3241....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 20166
...The Commission complied with its rules, the statutes, and the constitution in conducting its investigation. Garner's argument that the disclosure of information in the Commission files after the probable cause hearing regardless of the Commission's finding, pursuant to Section 112.324(2), Florida Statutes (1981), violates his right to privacy is also without merit....
...est standard is used to measure the challenged action. Fadjo v. Coon,
633 F.2d 1172 (5th Cir.1981). In this case, we hold that the public's right to see the Commission's files outweighs Garner's disclosural privacy rights. The Legislature, by way of Section
112.324(2), Florida Statutes, and the people of Florida, through Article II, Section 8(f) of the Constitution, have mandated that the Commission's reports on complaints be made public. Garner's last argument is that he has been denied equal protection because Section
112.324(3), Florida Statutes (1981), requires that complaints and investigatory materials concerning legislators and impeachable officers be kept confidential when no probable cause is found, but complaints and investigatory materials concern...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...nadequate to provide Mr. Tenney with due process of law and that an adversary hearing on the complaint was necessary prior to a finding of probable cause. We hold that the court erred in so ruling. The commission followed the procedure prescribed in section 112.324, Florida Statutes (1979)....
...e land. It is greatly unfair to require every public official to walk the middle of the street in the full light of public view, but allow him to be fired upon from ambush. We do not believe the court's concern to be a valid one. In the first place, section 112.324 requires that the complaint be sworn....
...To impose the requirement to hold an adversary hearing prior to its initial determination of probable cause would add a useless layer of procedure since a defendant in any proceeding before the commission may, at his request, receive a public hearing following a determination of probable cause. § 112.324(2), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21593
...12.313(6), Florida Statutes (1981). The Commission ordered a preliminary investigation of the charges, and, after it was completed, advised Lancaster of its intent to hold a "probable cause" hearing to determine whether further action was warranted. Section 112.324(2), Florida Statutes (1981), and Rule 34-5.-06, Florida Administrative Code....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1995 Fla. App. LEXIS 4994, 1995 WL 271449
...1993), aff'g Galbut v. City of Miami Beach,
605 So.2d 466 (Fla. 3d DCA 1992). [2] If the Ethics Commission finds a violation, it is the duty of the Commission "to report its findings and recommend appropriate action to the proper disciplinary official or body[.]" §
112.324(7), Fla. Stat. (1993). The proper disciplinary official in this case is the Governor. Id. §
112.324(7)(a). The final action by the Ethics Commission is an appealable order. Id. §
112.3241....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...the same.
Moreover, in this case, any significance attributable to the vote-
count at the probable cause stage is eviscerated by the
2
appoint an administrative law judge (ALJ) to conduct a “public
hearing.” See § 112.324(3), Fla....
...4
This timely appeal followed.
II
We have jurisdiction to review the Commission’s final order
and public report even though it merely recommends the
imposition of a penalty. See § 112.3241, Fla....
...And,
pursuant to section
120.68(8), the order must be affirmed
“[u]nless the court finds a ground for setting aside, modifying,
remanding, or ordering agency action or ancillary relief under a
specified provision of [section
120.68].”
disciplinary official.” §
112.324(8), Fla. Stat. The disciplinary
official—in this case, the Governor, see §
112.324(8)(d), Fla.
Stat.—is then responsible for imposing the penalty.
5
A
In his first issue on appeal, Robinson contends that the
Commission erred in finding that he vi...
CopyPublished | District Court of Appeal of Florida | 8 Media L. Rep. (BNA) 2245, 1982 Fla. App. LEXIS 21240
Constitutions. The gist of his complaint is found in Section
112.324(2), Florida Statutes (1981): A preliminary
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
...ory process to enforce more stringent standards of conduct and disclosure, the provisions of Chapter 2010-130 , Laws of Florida, would apply. However, the confidentiality extended to records and meetings of the Palm Beach County Inspector General by section 112.324 (2), Florida Statutes, does not apply generally to all investigations conducted by that office....
...aw, or rule, regulation or policy, he or she notifies the appropriate civil, criminal or administrative agencies." 2 You have asked whether, in light of your duties and responsibilities, your office falls within the scope of the recent amendments to section 112.324 , Florida Statutes, made by Chapter 2010-130 , Laws of Florida....
...e or reputation of such individual, or significantly impair the investigation. The exemption creates a secure environment in which a county or municipality may conduct its investigation." 3 The language created and adopted by the Legislature amended section 112.324 (2), Florida Statutes. This section provides procedures to be followed when a complaint for an ethics violation has been filed. As amended, section 112.324 (2), Florida Statutes, now provides: "(2)(a) The complaint and records relating to the complaint or to any preliminary investigation held by the commission or its agents, or by a Commission on Ethics and Public Trust established by any county defined in s....
...cifically provides that the purpose of the code is "to provide additional and more stringent ethics standards as authorized by Florida Statutes, s.
112.326 ." 5 Thus, the enforcement of the ethics code would come within the scope of the amendment to section
112.324 (2), Florida Statutes, and the Inspector General is entitled to the confidentiality protections of the amendment to the extent that he or she is involved in a "local investigatory process to enforce more stringent standards of conduct...
...ory process to enforce more stringent standards of conduct and disclosure, the provisions of Chapter 2010-130 , Laws of Florida, would apply. However, the confidentiality extended to records and meetings of the Palm Beach County Inspector General by section 112.324 (2), Florida Statutes, does not apply generally to all investigations conducted by that office....
CopyPublished | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2243, 1986 Fla. App. LEXIS 10289
...BOOTH, C.J., SMITH, J., and TILLMAN PEARSON (Ret.), Associate Judge, concur. . Wilma and John Sullivan (Sullivans) and the Florida Commission on Ethics were parties in a series of judicial proceedings arising out of two complaints alleging "breach of the public trust,” in violation of Section 112.324(1), Florida Statutes, at the time the rule challenge was initiated....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15545
...itted, the findings shall be transmitted to the person involved and to the official having power to take disciplinary action. The findings shall then become a matter of public record, but not before said finding.” Subsections (l)(e) and (2) (a) of § 112.324 provide as follows: “(e) Complaints concerning the violation of any provision of this part by an employee of a county, city, or other political subdivision of the state shall be directed to the official or board responsible for hiring that employee....
...The complaint alleges that a conflict of interest exists in relation to relator’s employment by each of the two districts. It is contended by relator that each of the districts initiated action on the complaints within the 30 day period provided by above-quoted subsection (2) (a) of § 112.324, thus precluding the independent investigation which is being initiated by respondent....
CopyPublished | Florida 1st District Court of Appeal
...partnerships in a way that impedes meaningful public disclosure
of his financial interests. Mr. Hinkle filed three complaints with
the Commission in 2017 concerning the Governor’s disclosures.
But the Commission dismissed each one as legally insufficient. See
§ 112.324(3), Fla....
...Statutes, implements article II, section 8 by setting forth detailed
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....
...With respect to the Governor in
particular, if the Commission finds a violation and recommends a
penalty, it must report its “findings and recommendation of
disciplinary action to the Attorney General, who shall have the
power to invoke the penalty provisions of [chapter 112].”
§ 112.324(7), Fla....
...complaint-
resolving authority granted to Florida’s circuit courts, or to any
other entity. In fact, the only “Judicial review” provided for by law
in this area is of a “final action by the commission . . . in a district
court of appeal.” § 112.3241, Fla....
CopyPublished | Florida 1st District Court of Appeal
...The
Commission recommended a civil penalty of $22,500 ($7,500 per
violation), as well as a public censure and reprimand. The
Commission also forwarded a report of the violations and
recommended penalties to the Speaker of the Florida House of
Representatives and the President of the Florida Senate (under
section 112.324(8), Florida Statutes)....
...§
112.3144(9), Fla.
Stat; see also Heifetz v. Dep’t of Bus. Regul., Div. of Alcoholic
Beverages & Tobacco,
475 So. 2d 1277, 1281 (Fla. 1st DCA 1985)
(providing that it is the hearing officer’s function to “reach
ultimate findings of fact based on competent, substantial
evidence”); §
112.324, Fla....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 22137
...f jurisdiction. Petitioner contends that the complainant disclosed his intention to file the complaint on or within five days prior to election day and therefore the Commission is precluded from investigating the complaint. We do not agree. Although Section 112.324(1), F.S., contains a prohibition against filing, or disclosing an intention to file, a complaint against a candidate on or within five days immediately preceding election day, 1 there is nothing in Section 112.324, or in any other section of Chapter 112, Part III, indicating that a violation of Section 112.324(1) by the complainant deprives the Commission of the authority to investigate the complaint....
...*1077 Petitioner’s motion to maintain confidentiality is granted. This opinion and all documents filed in the appellate proceeding shall remain confidential until such time as the proceedings before the Commission become public. McCORD, ROBERT P. SMITH, Jr., and JOANOS, JJ., concur. . Section 112.324(1), Florida Statutes, reads as follows: “Upon a written complaint executed on a form prescribed by the commission and signed under oath or affirmation by any person, the commission shall investigate any alleged violation of this part in accordance with procedures set forth herein....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
operative effect and efficacy of that law. Section
112.324, F. S., among other things, makes it the duty
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 10371, 2016 WL 3606474
...On appeal, Rivera does not
challenge the violations found by the Commission, but rather contends that his due
process rights were violated when the Commission remanded this case to the
administrative law judge (ALJ) to recommend a penalty. Additionally, Rivera
challenges the constitutionality of section 112.324(8)(e), Florida Statutes, which
designates the Speaker of the House as the official authorized to impose the
penalties recommended by the Commission.1 We summarily reject Rivera’s due
process claims, and we decline to address his constitutional challenge because it is
not yet ripe....
...[ing] investigations and
mak[ing] public reports on all complaints concerning breach of public trust by
public officers or employees not within the jurisdiction of the judicial
qualifications commission.” Art. II, § 8(f), Fla. Const.; see also § 112.324(1), Fla.
2
The criminal investigation was closed in April 2012 without the filing of any
charges against Rivera.
3
Stat....
...authority to issue “public reports” requires that the Commission reach some
conclusion at the end of an investigation and necessarily includes the authority to
decide what is a breach of the public trust). However, the Commission does not
have the power to impose penalties. See § 112.324(3), Fla....
...hics, “it is the duty of
the commission to report its findings and recommend appropriate action to the
proper disciplinary official or body . . . , and such official or body has the power to
invoke the penalty provisions of this part . . . .” § 112.324(8), Fla. Stat. In the case
of a former House member such as Rivera who is found to have committed an
ethical violation while serving as a member of the House, the proper disciplinary
official is the Speaker of the House. See § 112.324(8)(e), Fla. Stat.
4
Although the Commission’s final report of its findings and recommendations
is subject to judicial review, see § 112.3241, Fla. Stat., the disciplinary process in
this case will not be complete until the Speaker acts on the Commission’s
recommendation. Section 112.324(8) gives the Speaker the power to impose
penalties, but no statute requires the Speaker to accept or otherwise act on the
Commission’s recommendation....
...] orders must be raised before the
Commission or the district court or they will be lost when the attorney general
moves to enforce a penalty”). However, we do not interpret this statute to
foreclose Rivera’s constitutional challenge to section 112.324(8)(e) in a subsequent
proceeding because that challenge is separate and distinct from the issues that are
properly subject to judicial review in this appeal, i.e., the merits of the findings and
recommendations of the Commission an...
...In reaching this conclusion, we have not overlooked Key Haven Associated
Enterprises, Inc., v. Board of Trustees of the Internal Improvement Trust Fund,
427
So. 2d 153 (Fla. 1982), relied on by Rivera for the proposition that he properly
raised his constitutional challenge to section
112.324(8)(e) in this appeal....
...challenge the ethical violations found by the Commission and we find no merit in
the due process claims he raised on appeal. However, for the reasons stated above,
this disposition is without prejudice to Rivera raising his constitutional challenge to
section
112.324(8)(e) in a declaratory action in the circuit court if the Speaker
takes action on the Commission’s recommendation or in defense of an enforcement
action brought by the Attorney General under section
112.317(2).
AFFIRMED.
W...
CopyPublished | Florida 5th District Court of Appeal | 2002 WL 10067
...The City also argues that Leffler's failure to assign his patent rights to the City constitutes a conflict of interest in violation of Chapter 112, Florida Statutes. Chapter 112 sets out a procedure for dealing with alleged violations of that chapter. Section 112.324, Florida Statutes, requires complaints to be filed with, investigated by, and ultimately ruled upon by the Commission on Ethics. Section 112.3241, Florida Statutes, provides for appellate review of the commission's decisions....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
...pinion on substantially the following questions: 1. Is the report of a police investigation of a public employee confidential and exempt from disclosure prior to a complaint on the matter being filed with the Florida Commission on Ethics pursuant to section 112.324 , Florida Statutes? 2. Following receipt of a complaint by the Ethics Commission, is the report of a police investigation of a public employee a public record or must it be kept confidential and exempt pursuant to section 112.324 , Florida Statutes, until the conclusion of the Ethics Commission investigation? 3....
...These questions involve the confidentiality of police case files or reports after the active investigation by the police department is concluded. While material gathered by or made available to the Ethics Commission may be identical to that contained in the police reports, nothing in section
112.324 , Florida Statutes, or in section
119.07 (3), Florida Statutes, makes the police reports confidential and exempt from the Public Records Law after the police investigation is concluded....
...119.07 (1), but the exemption only applies to the specific information and the rest of the document must be made available. 5 Because this factual situation involves a public employee, and an ethics complaint has been filed, the provisions of Part III, Chapter 112 , Florida Statutes, would apply. Section 112.324 (1), Florida Statutes (1994 Supp.), provides that "[a]ll proceedings, the complaint, and other records relating to the preliminary investigation as provided herein shall be confidential and exempt from the provisions of s....
...the preliminary investigation is completed[.]" The confidentiality extended to records in this section applies to records received and generated by the Ethics Commission in the processing of a complaint for a violation of the ethics code. Nothing in section 112.324 or elsewhere in Part III, Chapter 112 , Florida Statutes, provides confidentiality to similar or identical information in the possession of other agencies of government....
