Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1944
                        Barcode 722288
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Ethics and Elections (Sebesta) recommended
12  the following amendment:
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14         Senate Amendment 
15         On page 26, line 3, through page 33, line 5,
16  
17  and insert:  
18         Section 12.  Section 112.324, Florida Statutes, is
19  amended to read:
20         112.324  Procedures on complaints of violations; public
21  records and meeting exemptions.--
22         (1)  Upon a written complaint executed on a form
23  prescribed by the commission and signed under oath or
24  affirmation by any person, the commission shall investigate
25  any alleged violation of this part or any other alleged breach
26  of the public trust within the jurisdiction of the commission
27  as provided in s. 8(f), Art. II of the State Constitution in
28  accordance with procedures set forth herein
29  
30  Within 5 days after receipt of a complaint by the commission,
31  a copy shall be transmitted to the alleged violator.
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    6:12 PM   04/01/05                              s1944.ee16.004

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1944 Barcode 722288 1 (2) The complaint and records relating to the 2 complaint or to any preliminary investigation held by the 3 commission or its agents or by a Commission on Ethics and 4 Public Trust established by any county defined in s. 5 125.011(1), are confidential and exempt from the provisions of 6 s. 119.07(1) and s. 24(a), Art. I of the State Constitution, 7 and any proceeding conducted by the commission or a Commission 8 on Ethics and Public Trust, pursuant to a complaint or 9 preliminary investigation, is exempt from the provisions of s. 10 286.011, s. 24(b), Art. I of the State Constitution, and s. 11 120.525, until the complaint is dismissed as legally 12 insufficient, until the alleged violator requests in writing 13 that the such records and proceedings be made public, or until 14 the commission or a Commission on Ethics and Public Trust 15 determines, based on such investigation, whether probable 16 cause exists to believe that a violation has occurred. In no 17 event shall a complaint under this part against a candidate in 18 any general, special, or primary election be filed or any 19 intention of filing such a complaint be disclosed on the day 20 of any such election or within the 5 days immediately 21 preceding the date of the election. 22 (3) A preliminary investigation shall be undertaken by 23 the commission of each legally sufficient complaint over which 24 the commission has jurisdiction to determine whether there is 25 probable cause to believe that a violation has occurred. If, 26 upon completion of the preliminary investigation, the 27 commission finds no probable cause to believe that this part 28 has been violated or that any other breach of the public trust 29 has been committed, the commission shall dismiss the complaint 30 with the issuance of a public report to the complainant and 31 the alleged violator, stating with particularity its reasons 2 6:12 PM 04/01/05 s1944.ee16.004
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1944 Barcode 722288 1 for dismissal of the complaint. At that time, the complaint 2 and all materials relating to the complaint shall become a 3 matter of public record. If the commission finds from the 4 preliminary investigation probable cause to believe that this 5 part has been violated or that any other breach of the public 6 trust has been committed, it shall so notify the complainant 7 and the alleged violator in writing. The Such notification 8 and all documents made or received in the disposition of the 9 complaint shall then become public records. Upon request 10 submitted to the commission in writing, any person who the 11 commission finds probable cause to believe has violated any 12 provision of this part or has committed any other breach of 13 the public trust shall be entitled to a public hearing. The 14 Such person shall be deemed to have waived the right to a 15 public hearing if the request is not received within 14 days 16 following the mailing of the probable cause notification 17 required by this subsection. However, the commission may on 18 its own motion, require a public hearing, may conduct such 19 further investigation as it deems necessary, and may enter 20 into such stipulations and settlements as it finds to be just 21 and in the best interest of the state. The commission is 22 without jurisdiction to, and no respondent may voluntarily or 23 involuntarily, enter into a stipulation or settlement which 24 imposes any penalty, including, but not limited to, a sanction 25 or admonition or any other penalty contained in s. 112.317. 26 Penalties shall be imposed only by the appropriate 27 disciplinary authority as designated in this section. 28 (4) If, in cases pertaining to members of the 29 Legislature, upon completion of a full and final investigation 30 by the commission, the commission finds that there has been a 31 violation of this part or of any provision of s. 8, Art. II of 3 6:12 PM 04/01/05 s1944.ee16.004
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1944 Barcode 722288 1 the State Constitution, the commission shall forward a copy of 2 the complaint and its findings by certified mail to the 3 President of the Senate or the Speaker of the House of 4 Representatives, whichever is applicable, who shall refer the 5 complaint to the appropriate committee for investigation and 6 action which shall be governed by the rules of its respective 7 house. It shall be the duty of the committee to report its 8 final action upon the complaint to the commission within 90 9 days of the date of transmittal to the respective house. Upon 10 request of the committee, the commission shall submit a 11 recommendation as to what penalty, if any, should be imposed. 12 In the case of a member of the Legislature, the house in which 13 the member serves has shall have the power to invoke the 14 penalty provisions of this part. 15 (5) If, in cases pertaining to complaints against 16 impeachable officers, upon completion of a full and final 17 investigation by the commission, the commission finds that 18 there has been a violation of this part or of any provision of 19 s. 8, Art. II of the State Constitution, and the commission 20 finds that the violation may constitute grounds for 21 impeachment, the commission shall forward a copy of the 22 complaint and its findings by certified mail to the Speaker of 23 the House of Representatives, who shall refer the complaint to 24 the appropriate committee for investigation and action which 25 shall be governed by the rules of the House of 26 Representatives. It shall be the duty of the committee to 27 report its final action upon the complaint to the commission 28 within 90 days of the date of transmittal. 29 (6) If the commission finds that there has been a 30 violation of this part or of any provision of s. 8, Art. II of 31 the State Constitution by an impeachable officer other than 4 6:12 PM 04/01/05 s1944.ee16.004
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1944 Barcode 722288 1 the Governor, and the commission recommends public censure and 2 reprimand, forfeiture of a portion of the officer's salary, a 3 civil penalty, or restitution, the commission shall report its 4 findings and recommendation of disciplinary action to the 5 Governor, who has shall have the power to invoke the penalty 6 provisions of this part. 7 (7) If the commission finds that there has been a 8 violation of this part or of any provision of s. 8, Art. II of 9 the State Constitution by the Governor, and the commission 10 recommends public censure and reprimand, forfeiture of a 11 portion of the Governor's salary, a civil penalty, or 12 restitution, the commission shall report its findings and 13 recommendation of disciplinary action to the Attorney General, 14 who has shall have the power to invoke the penalty provisions 15 of this part. 16 (8) If, in cases pertaining to complaints other than 17 complaints against impeachable officers or members of the 18 Legislature, upon completion of a full and final investigation 19 by the commission, the commission finds that there has been a 20 violation of this part or of s. 8, Art. II of the State 21 Constitution, it is shall be the duty of the commission to 22 report its findings and recommend appropriate action to the 23 proper disciplinary official or body as follows, and the such 24 official or body has shall have the power to invoke the 25 penalty provisions of this part, including the power to order 26 the appropriate elections official to remove a candidate from 27 the ballot for a violation of s. 112.3145 or s. 8(a) and (i), 28 Art. II of the State Constitution: 29 (a) The President of the Senate and the Speaker of the 30 House of Representatives, jointly, in any case concerning the 31 Public Counsel, members of the Public Service Commission, 5 6:12 PM 04/01/05 s1944.ee16.004
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1944 Barcode 722288 1 members of the Public Service Commission Nominating Council, 2 the Auditor General, the director of the Office of Program 3 Policy Analysis and Government Accountability, or members of 4 the Legislative Committee on Intergovernmental Relations. 5 (b) The Supreme Court, in any case concerning an 6 employee of the judicial branch. 7 (c) The President of the Senate, in any case 8 concerning an employee of the Senate; the Speaker of the House 9 of Representatives, in any case concerning an employee of the 10 House of Representatives; or the President and the Speaker, 11 jointly, in any case concerning an employee of a committee of 12 the Legislature whose members are appointed solely by the 13 President and the Speaker or in any case concerning an 14 employee of the Public Counsel, Public Service Commission, 15 Auditor General, Office of Program Policy Analysis and 16 Government Accountability, or Legislative Committee on 17 Intergovernmental Relations. 18 (d) Except as otherwise provided by this part, the 19 Governor, in the case of any other public officer, public 20 employee, former public officer or public employee, candidate, 21 or former candidate. 22 (e) The President of the Senate or the Speaker of the 23 House of Representatives, whichever is applicable, in any case 24 concerning a former member of the Legislature who has violated 25 a provision applicable to former members or whose violation 26 occurred while a member of the Legislature. 27 (9) In addition to reporting its findings to the 28 proper disciplinary body or official, the commission shall 29 report these findings to the state attorney or any other 30 appropriate official or agency having authority to initiate 31 prosecution when violation of criminal law is indicated. 6 6:12 PM 04/01/05 s1944.ee16.004
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1944 Barcode 722288 1 (10) Notwithstanding the foregoing procedures of this 2 section, a sworn complaint against any member or employee of 3 the Commission on Ethics for violation of this part or of s. 4 8, Art. II of the State Constitution shall be filed with the 5 President of the Senate and the Speaker of the House of 6 Representatives. Each presiding officer shall, after 7 determining that there are sufficient grounds for review, 8 appoint three members of their respective bodies to a special 9 joint committee who shall investigate the complaint. The 10 members shall elect a chair from among their number. If the 11 special joint committee finds insufficient evidence to 12 establish probable cause to believe a violation of this part 13 or of s. 8, Art. II of the State Constitution has occurred, it 14 shall dismiss the complaint. If, upon completion of its 15 preliminary investigation, the committee finds sufficient 16 evidence to establish probable cause to believe a violation 17 has occurred, the chair thereof shall transmit such findings 18 to the Governor who shall convene a meeting of the Governor, 19 the President of the Senate, the Speaker of the House of 20 Representatives, and the Chief Justice of the Supreme Court to 21 take such final action on the complaint as they shall deem 22 appropriate, consistent with the penalty provisions of this 23 part. Upon request of a majority of the Governor, the 24 President of the Senate, the Speaker of the House of 25 Representatives, and the Chief Justice of the Supreme Court, 26 the special joint committee shall submit a recommendation as 27 to what penalty, if any, should be imposed. 28 (11) Notwithstanding the provisions of subsections 29 (1)-(8), the commission may, at its discretion, dismiss any 30 complaint at any stage of disposition should it determine that 31 the public interest would not be served by proceeding further, 7 6:12 PM 04/01/05 s1944.ee16.004
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1944 Barcode 722288 1 in which case the commission shall issue a public report 2 stating with particularity its reasons for the dismissal. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 6:12 PM 04/01/05 s1944.ee16.004