Florida Commission on Ethics

Florida has been a leader among the states in establishing ethics standards for public officials and recognizing the right of the people to protect the public trust against abuse. The Florida Commission on Ethics is required to submit to the Legislature from time to time a report of its work and recommendations for legislation deemed necessary to improve the code of ethics and its enforcement. The Constitution provides for investigations of complaints concerning breaches of the public trust and provides that the Florida Commission on Ethics be the independent commission to conduct these investigations.

The Commission on Ethics is an appointive body made up of nine members, none of whom hold any public employment or may not be employed to lobby state or local government. Five of the members are appointed by the Governor and confirmed by the Senate. No more than three of the Governor’s appointees may be of the same political party, and one must be a former city or county official. The Speaker of the House of Representatives and the President of the Senate each make two appointments to the Commission of Ethics. The two appointments must be persons with different political party affiliations. The appointees of the President and Speaker are not subject to Senate confirmation. Any member of the Commission on Ethics may be removed for cause by a majority vote of the Governor, the President of the Senate, the Speaker of the House, and the Chief Justice of the Florida Supreme Court.

Members of the Commission on Ethics serve two-year terms and may not serve more than two full terms in succession. A chairman and vice-chairman are selected by the members for one-year terms. Members of the Commission do not receive a salary but do receive reimbursement for travel and per diem expenses while on official Commission business.

Duties statutorily assigned to the Commission on Ethics include investigating sworn complaints alleging violations of the ethics laws, making penalty recommendations for violations, maintaining a financial disclosure notification system totaling 37,306 reporting officials and employees in 2012, and issuing advisory opinions regarding Part III of Chapter 112, Florida Statutes, and Article II, Section 8, Florida Constitution. The Commission also is charged with administering the Executive Branch Lobby Registration System and Trust Fund, which provides for registration of all cabinet and executive agency lobbyists.

The legal, investigative, and administration functions of the Commission are performed by the Ethics Commission staff, consisting of 22 full-time equivalent positions. In the Legal Section under the supervision of the Executive Director and the General Counsel, the legal section drafts opinions, orders, rules, and proposed legislation for consideration by the Commission, teaches, and responds to inquires about the ethics laws. In addition, the legal staff represents the Commission in litigation. In the Financial Disclosure Section the Program Administrator, under the supervision of the Executive Director, responds to questions about the disclosure laws and compiles a list of the persons statewide who are required to file wither Form 1 or Form 6 financial disclosure. These 37,306 reporting officials and employees were notified of their filing requirements in 2012 by the Commission on Ethics and by the Supervisor of Elections. In Operations and Communications under the supervision of the Executive Director, provides information regarding Commission practices and procedures to other states, the press, and the public. This staff member also assists with the agency budget and legislative lobbying, oversees office efficiency initiatives, conducts training, and responds to general information inquiries about the Commission and the ethics laws. In the Administration and Clerical section under the supervision of the Executive Director, provides administrative and clerical support services to the Commissioners and staff.

The major operational functions of the Commission on Ethics are the investigation of ethical violation complaints, management of the Executive Branch Lobbyist Registration Act, issuance of advisory opinions, provision of public information and education, and financial disclosure administration. Of the 296 complaints received in 2012(up from 209 in 2003), 123 were dismissed for lack of legal sufficiency; 85 were ordered to be investigated; and 88 were pending legal sufficiency determination at the end of the year.