CODING: Words stricken are deletions; words underlined are additions.
Senate Bill 0072
    Florida Senate - 1998                                    SB 72

    By Senator Holzendorf





    2-206-98

  1                      A bill to be entitled

  2         An act relating to public officers and

  3         employees; amending s. 112.324, F.S.; allowing

  4         the Commission on Ethics to dismiss a complaint

  5         that involves a technical or minor error, under

  6         specified conditions; providing an effective

  7         date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Subsection (10) of section 112.324, Florida

12  Statutes, as amended by section 3 of chapter 97-293, Laws of

13  Florida, is amended to read:

14         112.324  Procedures on complaints of violations.--

15         (10)(a)  Notwithstanding the provisions of subsections

16  (1)-(7), the commission may, at its discretion, dismiss any

17  complaint at any stage of disposition should it determine that

18  the public interest would not be served by proceeding further,

19  in which case the commission shall issue a public report

20  stating with particularity its reasons for the dismissal.  The

21  investigation of facts and parties materially related to a

22  complaint, as provided in s. 112.322(1) and pursuant to the

23  definitions contained in s. 112.312(11) and (18), and the

24  amendment of s. 112.3143 shall apply only to alleged

25  violations occurring after May 24, 1991.

26         (b)  If a complaint is filed against a reporting

27  individual for failing to properly report under s. 8, Art. II

28  of the State Constitution or s. 112.3145 and the investigation

29  of the complaint reveals and the commission finds that the

30  error was technical or minor in nature, the commission may

31  notify the respondent of the error and may request that an

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                    SB 72
    2-206-98




  1  amended report correcting the error be filed with the

  2  commission and the filing officer within 10 days after the

  3  respondent receives the notice. The commission shall dismiss

  4  the complaint without further proceedings if:

  5         1.  The reporting individual timely files an amended

  6  report correcting the error;

  7         2.  The commission has not determined that the

  8  reporting individual has previously violated s. 8, Art. II of

  9  the State Constitution or s. 112.3145; and

10         3.  The reporting individual has not previously filed

11  or been asked to file an amended report under this paragraph.

12         Section 2.  This act shall take effect July 1, 1998.

13

14            *****************************************

15                          SENATE SUMMARY

16    Allows the Commission on Ethics to dismiss a complaint
      that involves a technical or minor error, under specified
17    conditions.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2