Florida Commission on Ethics: Profile by National Conference of State Legislatures

Looking at Florida's dysfunctional Ethics Commission through the eyes of the National Conference of State Legislatures, which identifies 24.5 staff positions and a budget of $2,613,712, with it says is not required to conduct ethics training and that such training attendance is not mandatory.  And it shows.  And one of the Commissioners' seats has been vacant for a year.  The Governor gets to appoint five members -- no more than three from one political party.  And Governor RICK SCOTT has left a Democratic seat vacant for more than a year, causing deadlocks and desuetude (non-enforcement).  Enough.

Florida
Florida Commission on Ethics
Virlindia Doss, Executive Director P.O. Drawer 15709
Tallahassee, FL 32317-5709
P: (850) 488-7864
F: (850) 488-3077
Email: doss.virlindia@leg.state.fl.usWebsite: http://www.ethics.state.fl.us/
Created 1974 (Fla. Stat. § 112.320 - § 112.326).

Physical address:
3600 Maclay Boulevard, South, Suite 201 Tallahassee, FL 32312

Commission Composition & Structure

Branch of government in which commission is located

Legislative

Approximate number of commission employees

24.5

Approximate commission budget

$2,613,372

Number of Commissioners

9

Who can serve on the commission?

There are no positions that must be filled by any particular profession or occupation, except that one member appointed by the governor must be a former city or county official.

Who is ineligible to serve?

Lobbyists; public employees; persons holding any other state, county or municipal office.

Who appoints members?

Five appointed by governor; two appointed by speaker of the house; two by president of the senate.

What is the appointment procedure?

The five governor's appointees are subject to confirmation by the senate.

Additional information

The governor cannot appoint more than three members from the same political party; the speaker's appointees cannot be from the same political party; and the president's appointees cannot be from the same political party.

Do commissioners receive a salary?

No

Are commissioners reimbursed for expenses?

Yes

Length of commissioner’s term in office	2 years
Term limits	May not serve more than two full terms in succession
Activities prohibited for commissioners	Cannot be a lobbyist before state and local governmental entities
Can commissioners be removed from office?	Yes
Removed by whom and for what cause?	For “cause” by majority vote of the governor, the president of the senate, the speaker of the house, and the chief justice
Are commissioners required to file a financial disclosure?	Yes

Commission Jurisdiction

Commission Jurisdiction	Yes	Elected Official	Appointed Official	Public Employees	Local	Statewide
Executive Branch	X
Legislative Branch	X
Lobbyists						X
Local Government
Political Candidates		X			X	X
V endors/Contractors

Powers & Duties:

Develop forms
Issue advisory opinions Issue an annual report Subpoena witnesses

Investigate complaints
Adopt rules implementing legislative standards

Ethics Training

Groups Trained: Training Offered	Online
Executive Branch X	X
Executive Branch Employees X X
Legislators X	X
Legislative Employees X X
Lobbyists X
Local Government X X

The commission conducts ethics training on:
Ethics laws Ethics rules

Is this in addition to in-house ethics training?

Yes

Are ethics training resources available on the website?	Yes
Is the commission required by law to offer ethics training?	No
Is attendance mandatory?	No

Complaint Procedure

Who can initiate a complaint?

General public Public officials

Is the complaint form available online?

Yes

Can a complaint be filed online?

No

If commissioners can file a complaint, do they have to recuse themselves from the investigation and/or hearings related to the case?

Commissioners cannot file complaints, therefore do not need to recuse themselves

Is the commission authorized to investigate complaints?

Yes

Is the complaint kept confidential?

Yes

At what point is the complaint made public?

At the point the commission decides not to order an investigation; after preliminary investigation when the commission decides whether probable cause exists; or when the complaint is waived by the subject official

All records, unless information is exempt or confidential pursuant to Florida public records law.

What information is made public?

Does the commission have the authority to dismiss complaints?

Yes

Process for handling frivolous complaints

Complaints are dismissed if the facts as alleged do not constitute a breach of the public trust or if the Commission finds that the public interest would not be served by proceeding further.

Are advisory opinions made public?

Yes

Is there an appeal process?

To a district court of appeal (one step below the Fla. supreme court)

Is the commission authorized to prosecute complaints?

Yes

Does the commission have the authority to levy sanctions?

No