FL
Florida House Bill H1597

Florida 2024 Regular Session

Florida House Bill H1597 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to ethics; amending s. 112.3122, F.S.; 2
1616 increasing the maximum fine for violations of 3
1717 specified lobbying provisions; amending s. 112.321, 4
1818 F.S.; prohibiting a member of the Commission on Ethics 5
1919 from serving more than two full terms, instead o f two 6
2020 full terms in succession; making technical changes; 7
2121 deleting obsolete language; amending s. 112.317, F.S.; 8
2222 providing that a complainant is liable for costs plus 9
2323 reasonable attorney fees for filing a complaint with 10
2424 malicious intent against a candidate for public 11
25-office; amending s. 112.324, F.S.; specifying that a 12
26-certain number of members of the commission are not 13
27-required to make a specified determi nation relating to 14
28-written referrals submitted to the commission by 15
29-specified parties; requiring the commission to submit 16
30-a copy of a certain referral to an alleged violator 17
31-within a specified timeframe; requiring the commission 18
32-to undertake a preliminary investigation within a 19
33-specified timeframe after receipt of technically and 20
34-legally sufficient complaints or referrals and make a 21
35-certain determination; authorizing a complainant to 22
36-submit an amended complaint within a specified 23
37-timeframe; providing that t he probable cause 24
38-determination concludes the preliminary investigation; 25
25+office; amending s. 112.324, F.S.; requiring the 12
26+commission to submit a copy of a certain referral to 13
27+an alleged violator within a specified timeframe; 14
28+specifying that complaints and referrals must be 15
29+technically, in addition to legally, suffic ient for 16
30+the commission to undertake a preliminary 17
31+investigation and make a certain determination; 18
32+authorizing a complainant to submit an amended 19
33+complaint within a specified timeframe; providing that 20
34+the probable cause determination concludes the 21
35+preliminary investigation; requiring the commission to 22
36+complete a preliminary investigation, including a 23
37+probable cause determination, within a specified 24
38+timeframe; requiring the commission to determine 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-requiring the commission to complete a preliminary 26
52-investigation, including a probable cause 27
53-determination, within a specified timeframe; requiring 28
54-the commission to complete an inves tigatory report 29
55-within a specified timeframe; authorizing the 30
56-commission to extend, for a specified period, the 31
57-allowable timeframe to adequately complete a 32
58-preliminary investigation if a specified number of 33
59-members of the commission determine such extensi on is 34
60-necessary; requiring the commission to document the 35
61-reasons for extending such investigation and transmit 36
62-a copy of such documentation to the alleged violator 37
63-and complainant within a specified timeframe; 38
64-requiring the commission to transmit a copy o f the 39
65-completed report to an alleged violator and to the 40
66-counsel representing the commission within a specified 41
67-timeframe; requiring such counsel to make a written 42
68-recommendation for disposition of a complaint or 43
69-referral within a specified timeframe after receiving 44
70-the investigatory report; requiring the commission to 45
71-transmit such written recommendation to the alleged 46
72-violator within a specified timeframe; providing that 47
73-the alleged violator has a specified timeframe to 48
74-respond in writing to the counsel's written 49
75-recommendation; requiring the commission, upon receipt 50
51+technical and legal sufficiency of complaints and 26
52+referrals within specified timeframes and issue an 27
53+order to investigate under a specified condition; 28
54+requiring that the commission complete an 29
55+investigatory report within a specified timeframe and 30
56+provide a copy of the completed report to an alleged 31
57+violator and counsel for the commission within a 32
58+specified timeframe; requiring counsel for the 33
59+commission to make a written recommendation for 34
60+disposition of a complaint within a specified 35
61+timeframe after receiving the investigatory report; 36
62+requiring that the commission p rovide such 37
63+recommendation to the violator within a specified 38
64+timeframe; providing that the alleged violator has a 39
65+specified timeframe to respond in writing to the 40
66+counsel's recommendation; requiring the commission, 41
67+upon receipt of the counsel's recommenda tion, to 42
68+schedule a probable cause hearing for the next 43
69+executive session of the commission if specified 44
70+conditions are met; providing that, under specified 45
71+conditions, the commission may dismiss complaints or 46
72+referrals before completion of a preliminary 47
73+investigation; providing a timeframe within which the 48
74+commission must notify a complainant and an alleged 49
75+violator after a finding of probable cause; specifying 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-of the counsel's written recommendation, to schedule a 51
89-probable cause hearing for the next executive session 52
90-of the commission for which notice requirements can be 53
91-met; providing that, under s pecified conditions, the 54
92-commission may dismiss complaints or referrals before 55
93-completion of a preliminary investigation; providing a 56
94-timeframe within which the commission must transmit a 57
95-copy of the order finding probable cause to the 58
96-complainant and the alleged violator after a finding 59
97-of probable cause; specifying that an alleged violator 60
98-is entitled to request a formal public hearing before 61
99-the Division of Administrative Hearings or may select 62
100-an informal public hearing with the commission; 63
101-providing that persons are deemed to waive their 64
102-rights to a formal or an informal public hearing if 65
103-the request is not received within a specified 66
104-timeframe; providing the timeframe within which the 67
105-commission must conduct an informal public hearing; 68
106-requiring the commission to schedule a case that has 69
107-been relinquished from the Division of Administrative 70
108-Hearings for additional action at the next commission 71
109-meeting for which notice requirements can be met; 72
110-requiring the commission to complete final action on 73
111-such case within a specified timeframe; requiring a 74
112-specified number of commissioners to vote to reject or 75
88+that an alleged violator is entitled to request a 51
89+hearing before the Division of Administrative Hearings 52
90+or may select an informal hearing with the commission; 53
91+authorizing an investigation that must be completed 54
92+within a specified timeframe if a specified number of 55
93+commissioners determines further investigation is 56
94+necessary; requiring the commission to document the 57
95+reasons for ordering such investigation; providing the 58
96+timeframe within which the commission must conduct an 59
97+informal hearing; requiring the commission to schedule 60
98+a case that has been relinquished from the Division of 61
99+Administrative Hearin gs for additional action at the 62
100+next commission meeting; requiring the commission to 63
101+complete final action on such case within a specified 64
102+timeframe; requiring a specified number of 65
103+commissioners to vote to reject or deviate from a 66
104+recommendation made by c ounsel; providing that 67
105+specified timeframes are tolled until the completion 68
106+of a related criminal investigation or prosecution, 69
107+excluding appeals, whichever occurs later; providing 70
108+that a harmless error standard applies to the 71
109+commission regarding specifie d timeframes; providing 72
110+that specified timeframes apply retroactively and 73
111+prospectively; providing an effective date. 74
112+ 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-deviate from a written recommendation made by the 76
126-counsel representing the commission; providing that 77
127-specified timeframes are tolled until the completion 78
128-of a related criminal investigation or prosecution, 79
129-excluding appeals, whichever occurs later; providing 80
130-that a harmless error standard applies to the 81
131-commission regarding specified timeframes; providing 82
132-an effective date. 83
133- 84
134-Be It Enacted by the Legisla ture of the State of Florida: 85
135- 86
136- Section 1. Paragraph (b) of subsection (4) of section 87
137-112.3122, Florida Statutes, is amended to read: 88
138- 112.3122 Enforcement and penalties for constitutional 89
139-prohibition against lobbying by a public officer. — 90
140- (4) A violation of s. 8(f), Art. II of the State 91
141-Constitution may be punished by one or more of the following: 92
142- (b) A civil penalty not to exceed $20,000 $10,000. 93
143- Section 2. Subsection (1) of section 112.321, Florida 94
144-Statutes, is amended to read: 95
145- 112.321 Membership, terms; travel expenses; staff. — 96
146- (1) The commission shall be composed of nine members. Five 97
147-of these members shall be appointed by the Governor, no more 98
148-than three of whom shall be from the same political party, 99
149-subject to confirmation by the Sena te. One member appointed by 100
125+Be It Enacted by the Legislature of the State of Florida: 76
126+ 77
127+ Section 1. Paragraph (b) of subsection (4) of section 78
128+112.3122, Florida Statutes, is amended to read: 79
129+ 112.3122 Enforcement and penalties for constitutional 80
130+prohibition against lobbying by a public officer. — 81
131+ (4) A violation of s. 8(f), Art. II of the State 82
132+Constitution may be punished by one or more of the following: 83
133+ (b) A civil penalty not to exceed $20,000 $10,000. 84
134+ Section 2. Subsection (1) of section 112.321, Florida 85
135+Statutes, is amended to read: 86
136+ 112.321 Membership, terms; travel expenses; staff. — 87
137+ (1) The commission shall be composed of nine members. Five 88
138+of these members shall be appointed by the Governor, no more 89
139+than three of whom shall be from the same political party, 90
140+subject to confirmation by the Senate. One member appointed by 91
141+the Governor shall be a former city or county official and may 92
142+be a former member of a local planning or zoning board which has 93
143+only advisory duties. Two members shall be appointed by the 94
144+Speaker of the House of Representatives, and two members shall 95
145+be appointed by the President of the Senate. Neither the Speaker 96
146+of the House of Representatives nor the President of the Senate 97
147+shall appoint more than one member from the same political 98
148+party. Of the nine members of the Commission, no more than five 99
149+members shall be from the same political party at any one time. 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-the Governor shall be a former city or county official and may 101
163-be a former member of a local planning or zoning board which has 102
164-only advisory duties. Two members shall be appointed by the 103
165-Speaker of the House of Representatives, and two members shall 104
166-be appointed by the President of the Senate. Neither the Speaker 105
167-of the House of Representatives nor the President of the Senate 106
168-shall appoint more than one member from the same political 107
169-party. Of the nine members of the commission, no more than five 108
170-members shall be from the same political party at any one time. 109
171-A No member may not hold any public employment. An individual 110
172-who qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215 111
173-or pursuant to any local government charter or ordinance may not 112
174-serve as a member of the commission , except that this 113
175-prohibition does not apply to an individual who is a member of 114
176-the commission on July 1, 2006, until the expiration of his or 115
177-her current term. A member of the commission may not lobb y any 116
178-state or local governmental entity as provided in s. 11.045 or 117
179-s. 112.3215 or as provided by any local government charter or 118
180-ordinance, except that this prohibition does not apply to an 119
181-individual who is a member of the commission on July 1, 2006, 120
182-until the expiration of his or her current term . All members 121
183-shall serve 2-year terms. A member may not serve more than two 122
184-full terms in succession. Any member of the commission may be 123
185-removed for cause by majority vote of the Governor, the 124
186-President of the Senate, the Speaker of the House of 125
162+A No member may not hold any public employment. An individual 101
163+who qualifies as a lobbyist pursuant to s. 11.045 or s. 112.3215 102
164+or pursuant to any local government charter or ordinance may not 103
165+serve as a member of the commission , except that this 104
166+prohibition does not apply to an individual who is a member of 105
167+the commission on July 1, 2006, until the expiration of his or 106
168+her current term. A member of the commission may not lobby any 107
169+state or local governmental entity as provided in s. 11.045 or 108
170+s. 112.3215 or as provided by any lo cal government charter or 109
171+ordinance, except that this prohibition does not apply to an 110
172+individual who is a member of the commission on July 1, 2006, 111
173+until the expiration of his or her current term . All members 112
174+shall serve 2-year terms. A member may not ser ve more than two 113
175+full terms in succession. Any member of the commission may be 114
176+removed for cause by majority vote of the Governor, the 115
177+President of the Senate, the Speaker of the House of 116
178+Representatives, and the Chief Justice of the Supreme Court. 117
179+ Section 3. Subsection (7) of section 112.317, Florida 118
180+Statutes, is amended to read: 119
181+ 112.317 Penalties.— 120
182+ (7) In any case in which the commission determines that a 121
183+person has filed a complaint against a public officer or 122
184+employee or a candidate for public o ffice with a malicious 123
185+intent to injure the reputation of such officer or employee or 124
186+candidate by filing the complaint with knowledge that the 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-Representatives, and the Chief Justice of the Supreme Court. 126
200- Section 3. Subsection (7) of section 112.317, Florida 127
201-Statutes, is amended to read: 128
202- 112.317 Penalties.— 129
203- (7) In any case in which the commission determ ines that a 130
204-person has filed a complaint against a public officer , an or 131
205-employee, or a candidate for public office with a malicious 132
206-intent to injure the reputation of such officer , or employee, or 133
207-candidate by filing the complaint with knowledge that the 134
208-complaint contains one or more false allegations or with 135
209-reckless disregard for whether the complaint contains false 136
210-allegations of fact material to a violation of this part, the 137
211-complainant shall be liable for costs plus reasonable attorney 138
212-fees incurred in the defense of the person complained against, 139
213-including the costs and reasonable attorney fees incurred in 140
214-proving entitlement to and the amount of costs and fees. If the 141
215-complainant fails to pay such costs and fees voluntarily within 142
216-30 days following such finding by the commission, the commission 143
217-shall forward such information to the Department of Legal 144
218-Affairs, which shall bring a civil action in a court of 145
219-competent jurisdiction to recover the amount of such costs and 146
220-fees awarded by the commission. 147
221- Section 4. Subsections (1) and (3) of section 112.324, 148
222-Florida Statutes, are amended to read: 149
223- 112.324 Procedures on complaints of violations and 150
199+complaint contains one or more false allegations or with 126
200+reckless disregard for whether the complaint contains f alse 127
201+allegations of fact material to a violation of this part, the 128
202+complainant shall be liable for costs plus reasonable attorney 129
203+fees incurred in the defense of the person complained against, 130
204+including the costs and reasonable attorney fees incurred in 131
205+proving entitlement to and the amount of costs and fees. If the 132
206+complainant fails to pay such costs and fees voluntarily within 133
207+30 days following such finding by the commission, the commission 134
208+shall forward such information to the Department of Legal 135
209+Affairs, which shall bring a civil action in a court of 136
210+competent jurisdiction to recover the amount of such costs and 137
211+fees awarded by the commission. 138
212+ Section 4. Subsections (1) and (3) of section 112.324, 139
213+Florida Statutes, are amended to read: 140
214+ 112.324 Procedures on complaints of violations and 141
215+referrals; public records and meeting exemptions. — 142
216+ (1) The commission shall investigate an alleged violation 143
217+of this part or other alleged breach of the public trust within 144
218+the jurisdiction of the commission as provided in s. 8(f), Art. 145
219+II of the State Constitution: 146
220+ (a) Upon a written complaint executed on a form prescribed 147
221+by the commission and signed under oath or affirmation by any 148
222+person; or 149
223+ (b) Upon receipt of a written referral of a possible 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-referrals; public records and meeting exemptions. — 151
237- (1) The commission shall investigate an alleged viol ation 152
238-of this part or other alleged breach of the public trust within 153
239-the jurisdiction of the commission as provided in s. 8(f), Art. 154
240-II of the State Constitution: 155
241- (a) Upon a written complaint executed on a form prescribed 156
242-by the commission and signed under oath or affirmation by any 157
243-person; or 158
244- (b) Upon receipt of a written referral of a possible 159
245-violation of this part or other possible breach of the public 160
246-trust from the Governor, the Department of Law Enforcement, a 161
247-state attorney, or a United States Attorney which at least six 162
248-members of the commission determine is sufficient to indicate a 163
249-violation of this part or any other breach of the public trust . 164
250- 165
251-Within 5 days after receipt of a complaint or referral by the 166
252-commission or a determination by at least six members of the 167
253-commission that the referral received is deemed sufficient , a 168
254-copy must shall be transmitted to the alleged violator. 169
255- (3)(a) A preliminary investigation must shall be 170
256-undertaken by the commission within 30 days after its receipt of 171
257-each technically and legally sufficient complaint or referral 172
258-over which the commission has jurisdiction to determine whether 173
259-there is probable cause to believe that a violation has 174
260-occurred. A complainant may submit an ame nded complaint up to 60 175
236+violation of this part or other possible breach of the public 151
237+trust from the Governor, the Department of Law Enforcement, a 152
238+state attorney, or a United States Attorney which at least six 153
239+members of the commission determine is sufficient to indicate a 154
240+violation of this part or any other breach of the public trust. 155
241+ 156
242+Within 5 days after receipt of a complaint or referral by the 157
243+commission or a determination by at least six members of the 158
244+commission that the referral received is deemed sufficient , a 159
245+copy must shall be transmitted to the alleged violator. 160
246+ (3)(a) A preliminary investigation must shall be 161
247+undertaken by the commission of each technically and legally 162
248+sufficient complaint or referral over which the commission has 163
249+jurisdiction to determine whether there is prob able cause to 164
250+believe that a violation has occurred. A complainant may submit 165
251+an amended complaint up to 60 days after the commission receives 166
252+the initial complaint. The probable cause determination is the 167
253+conclusion of the preliminary investigation. The c ommission 168
254+shall complete the preliminary investigation, including the 169
255+probable cause determination, no later than 1 year after the 170
256+beginning of the preliminary investigation. 171
257+ (b) The commission shall make a determination as to 172
258+whether a complaint is tech nically sufficient no later than 5 173
259+days after receiving the complaint. The commission shall make a 174
260+determination as to whether a complaint is legally sufficient no 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273-days after the commission receives the initial complaint. The 176
274-probable cause determination is the conclusion of the 177
275-preliminary investigation. The commission shall complete the 178
276-preliminary investigation, including the probable cause 179
277-determination, no later than 1 year after the beginning of the 180
278-preliminary investigation. 181
279- (b) An investigatory report must be completed no later 182
280-than 150 days after the beginning of the preliminary 183
281-investigation. If, at any one meeting of the commission held 184
282-during a preliminary investigation, at least six members of the 185
283-commission determine that additional time is necessary to 186
284-adequately complete such investigation, the commission may 187
285-extend the timeframe to complete the preliminary investigation 188
286-by no more than 60 days. During such meeting, the commission 189
287-shall document its reasons for extending the investigation and 190
288-transmit a copy of such documentation to the alleged violator 191
289-and complainant no later than 5 days after the extension is 192
290-ordered. The investigatory report must be transmitted to the 193
291-alleged violator and to the counsel representing the commission 194
292-no later than 5 days after completion of the report. The counsel 195
293-representing the commission shall make a written recommendation 196
294-to the commission for the disposition of the complaint or 197
295-referral no later than 15 days after he or she receives the 198
296-completed investigatory report. The commission shall transmit 199
297-the counsel's written recommendation to the alleged violator no 200
273+later than 21 days after receiving the complaint. The commission 176
274+shall make a determination as to whether a referral is 177
275+technically and legally sufficient at its next meeting. 178
276+ (c) If the commission determines a complaint or referral 179
277+is technically and legally sufficient, it must issue an order to 180
278+investigate. An investigatory report must be com pleted no later 181
279+than 120 days after the beginning of the preliminary 182
280+investigation and must be provided to the alleged violator and 183
281+to counsel for the commission no later than 5 days after 184
282+completion of the report. The counsel for the commission shall 185
283+make a written recommendation to the commission for the 186
284+disposition of the complaint or referral no later than 15 days 187
285+after he or she receives the completed investigatory report. The 188
286+commission shall provide the counsel's written recommendation to 189
287+the alleged violator no later than 5 days after its completion. 190
288+The alleged violator has 14 days to respond in writing after the 191
289+mailing date of the counsel's recommendation. 192
290+ (d) Upon receipt of the counsel's recommendation, the 193
291+commission must schedule a probable cause hearing for the next 194
292+executive session of the commission if notice requirements can 195
293+be met. 196
294+ (e) If, upon completion of the preliminary investigation, 197
295+the commission finds no probable cause to believe that this part 198
296+has been violated, or that no any other breach of the public 199
297+trust has been committed, the commission must shall dismiss the 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310-later than 5 days after its co mpletion. The alleged violator has 201
311-14 days after the mailing date of the counsel's written 202
312-recommendation to respond in writing to the recommendation. 203
313- (c) Upon receipt of the counsel's written recommendation, 204
314-the commission shall schedule a probable caus e hearing for the 205
315-next executive session of the commission for which notice 206
316-requirements can be met. 207
317- (d) If, upon completion of the preliminary investigation, 208
318-the commission finds no probable cause to believe that this part 209
319-has been violated, or that no any other breach of the public 210
320-trust has been committed, the commission must shall dismiss the 211
321-complaint or referral with the issuance of a public report to 212
322-the complainant and the alleged violator, stating with 213
323-particularity its reasons for dismissal. At that time, the 214
324-complaint or referral and all materials relating to the 215
325-complaint or referral shall become a matter of public record. 216
326- (e) If the commission finds from the preliminary 217
327-investigation probable cause to believe that this part has been 218
328-violated or that any other breach of the public trust has been 219
329-committed, it must transmit a copy of the order finding probable 220
330-cause to shall so notify the complainant and the alleged 221
331-violator in writing no later than 5 days after the date of the 222
332-probable cause determination. Such notification and all 223
333-documents made or received in the disposition of the complaint 224
334-or referral shall then become public records. Upon request 225
310+complaint or referral with the issuance of a public report to 201
311+the complainant and the alleged violator, stating with 202
312+particularity its reasons for dismissal. At tha t time, the 203
313+complaint or referral and all materials relating to the 204
314+complaint or referral shall become a matter of public record. 205
315+ (f) If the commission finds from the preliminary 206
316+investigation probable cause to believe that this part has been 207
317+violated or that any other breach of the public trust has been 208
318+committed, it must shall so notify the complainant and the 209
319+alleged violator in writing no later than 5 days after the date 210
320+of the probable cause determination . Such notification and all 211
321+documents made or received in the disposition of the complaint 212
322+or referral shall then become public records. Upon request 213
323+submitted to the commission in writing, any person who the 214
324+commission finds probable cause to believe has violated any 215
325+provision of this part or has com mitted any other breach of the 216
326+public trust is shall be entitled to a public hearing and may 217
327+elect to have a formal administrative hearing conducted by an 218
328+administrative law judge in the Division of Administrative 219
329+Hearings. If the person does not elect to have a formal 220
330+administrative hearing by an administrative law judge, the 221
331+person is entitled to an informal hearing conducted before the 222
332+commission. Such person is shall be deemed to have waived the 223
333+right to a public hearing if the request is not received w ithin 224
334+14 days following the mailing date of the probable cause 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347-submitted to the commission in writing, any person who the 226
348-commission finds probable c ause to believe has violated any 227
349-provision of this part or has committed any other breach of the 228
350-public trust is shall be entitled to a public hearing and may 229
351-elect to have a formal administrative hearing conducted by an 230
352-administrative law judge in the Div ision of Administrative 231
353-Hearings. If the person does not elect to have a formal 232
354-administrative hearing by an administrative law judge, the 233
355-person is entitled to an informal public hearing conducted 234
356-before the commission . Such person is shall be deemed to have 235
357-waived the right to a formal or an informal public hearing if 236
358-the request is not received within 14 days after following the 237
359-mailing date of the probable cause notification required by this 238
360-paragraph subsection. However, the commission may , on its own 239
361-motion, require a formal or an informal public hearing. 240
362- (f) If the commission conducts an informal public hearing, 241
363-it must be held no later than 75 days after the date of the 242
364-probable cause determination. 243
365- (g) If the commission refers a case to the Divi sion of 244
366-Administrative Hearings for a formal public hearing and 245
367-subsequently requests that the case be relinquished back to the 246
368-commission, or if the administrative law judge assigned to the 247
369-case relinquishes jurisdiction back to the commission before a 248
370-recommended order is entered, the commission must schedule the 249
371-case for additional action at the next commission meeting for 250
347+notification required by this paragraph subsection. However, the 226
348+commission may, on its own motion, require a public hearing ., 227
349+ (g) At a probable cause hearing, if at least six members 228
350+of the commission determine may conduct such further 229
351+investigation is necessary, the investigation may be ordered, 230
352+and such investigation may not exceed a period of 60 days as it 231
353+deems necessary. During the probable cause hearing, the 232
354+commission must document the reasons for ordering the additional 233
355+investigation. 234
356+ (h) If the commission conducts an informal hearing, it 235
357+must do so no later than 75 days after the date of the probable 236
358+cause determination. 237
359+ (i) If the commission refers a case to the Division of 238
360+Administrative Hearings for a formal hearing and subsequently 239
361+requests that the case be relinquished back to the commission, 240
362+or if the administrative law judge assigned to the case 241
363+relinquishes jurisdiction back to the commission before a 242
364+recommended order is e ntered, the commission must schedule the 243
365+case for additional action at the next commission meeting and 244
366+must complete final action on the case no later than 30 days 245
367+after the date of that commission meeting. 246
368+ (j) The commission, and may enter into such sti pulations 247
369+and settlements as it finds to be just and in the best interest 248
370+of the state. The commission is without jurisdiction to, and no 249
371+respondent may voluntarily or involuntarily, enter into a 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384-which notice requirements can be met. At the next subsequent 251
385-commission meeting, the commission must complete final action on 252
386-such case. 253
387- (h) The commission, may conduct such further investigation 254
388-as it deems necessary, and may enter into such stipulations and 255
389-settlements as it finds to be just and in the best interest of 256
390-the state. The commission is without jurisdiction to, and no 257
391-respondent may voluntarily or involuntarily, enter into a 258
392-stipulation or settlement which imposes any penalty, including, 259
393-but not limited to, a sanction or admonition or any other 260
394-penalty contained in s. 112.317. Penalties may shall be imposed 261
395-only by the appropriate disciplinary authority as designated in 262
396-this section. 263
397- (i) At least six members of the commission must vote to 264
398-reject or deviate from a written recommendation of the counsel 265
399-representing the commission. 266
400- (j) If a criminal complaint related to an investigation 267
401-pursuant to this section is filed, the timeframes in this 268
402-subsection are tolled until completion of the criminal 269
403-investigation or prosecution, excluding any appeals from such 270
404-prosecution, whichever occurs later. 271
405- (k) The failure of the comm ission to comply with the 272
406-timeframes provided in this subsection constitutes harmless 273
407-error in any related disciplinary action unless a court finds 274
408-that the fairness of the proceedings or the correctness of an 275
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417-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421-action may have been impaired by a material er ror in procedure 276
422-or a failure to follow prescribed procedure. 277
423- Section 5. This act shall take effect October 1, 2024. 278
384+stipulation or settlement which imposes any penalty, includi ng, 251
385+but not limited to, a sanction or admonition or any other 252
386+penalty contained in s. 112.317. Penalties may shall be imposed 253
387+only by the appropriate disciplinary authority as designated in 254
388+this section. 255
389+ (k) At least six members of the commission must vo te to 256
390+reject or deviate from a recommendation of counsel to the 257
391+commission. 258
392+ (l) If a criminal complaint related to an investigation 259
393+pursuant to this section is filed, the timeframes in this 260
394+subsection are tolled until completion of the criminal 261
395+investigation or prosecution, excluding any appeals from such 262
396+prosecution, whichever occurs later. 263
397+ (m) The failure of the commission to comply with the time 264
398+limits provided in this subsection constitutes harmless error in 265
399+any related disciplinary action unless a court finds that the 266
400+fairness of the proceedings or the correctness of an action may 267
401+have been impaired by a material error in procedure or a failure 268
402+to follow prescribed procedure. 269
403+ (n) The timeframes provided in this subsection apply to 270
404+complaints and referrals submitted to the commission before, on, 271
405+or after July 1, 2024. 272
406+ Section 5. This act shall take effect July 1, 2024. 273