reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.3136 - Standards of conduct for officers and employees of entities serving as chief administrative officer of political subdivisions.

112.3136 Standards of conduct for officers and employees of entities serving as chief administrative officer of political subdivisions.—The officers, directors, and chief executive officer of a corporation, partnership, or other business entity that is serving as the chief administrative or executive officer or employee of a political subdivision, and any business entity employee who is acting as the chief administrative or executive officer or employee of the political subdivision, for the purposes of the following sections, are public officers and employees who are subject to the following standards of conduct of this part:
(1) Section 112.313, and their “agency” is the political subdivision that they serve; however, the contract under which the business entity serves as chief executive or administrative officer of the political subdivision is not deemed to violate s. 112.313(3) or (7).
(2) Section 112.3145, as a “local officer.”
(3) Sections 112.3148 and 112.3149, as a “reporting individual.”
History.—s. 1, ch. 2009-126.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.31445 - Electronic filing system; full and public disclosure of financial interests.

112.31445 Electronic filing system; full and public disclosure of financial interests.—
(1) As used in this section, the term “electronic filing system” means an Internet system for recording and reporting full and public disclosure of financial interests or any other form that is required pursuant to s. 112.3144.
(2) Beginning with the 2012 filing year, all full and public disclosures of financial interests filed with the commission pursuant to s. 8, Art. II of the State Constitution or s. 112.3144 must be scanned and made publicly available by the commission through a searchable Internet database.
(3) By December 1, 2015, the commission shall submit a proposal to the President of the Senate and the Speaker of the House of Representatives for a mandatory electronic filing system. The proposal must, at a minimum:
(a) Provide for access through the Internet.
(b) Establish a procedure to make filings available in a searchable format that is accessible by an individual using standard web-browsing software.
(c) Provide for direct completion of the full and public disclosure of financial interests forms as well as upload such information using software approved by the commission.
(d) Provide a secure method that prevents unauthorized access to electronic filing system functions.
(e) Provide a method for an attorney or certified public accountant licensed in this state to sign the disclosure form to indicate that he or she prepared the form in accordance with s. 112.3144 and the instructions for completing and filing the disclosure form and that, upon his or her reasonable knowledge and belief, the form is true and correct.
(f) Address whether additional statutory or rulemaking authority is necessary for implementation of the system, and must include, at a minimum, the following elements: alternate filing procedures to be used in the event that the commission’s electronic filing system is inoperable, issuance of an electronic receipt via electronic mail indicating and verifying to the individual who submitted the full and public disclosure of financial interests form that the form has been filed, and a determination of the feasibility and necessity of including statements of financial interests filed pursuant to s. 112.3145 in the proposed system.
(4) The commission shall publish a notice on the electronic filing system instructing filers to redact a social security number; a bank, mortgage, or brokerage account number; a debit, charge, or credit card number; a personal identification number; or a taxpayer identification number in their filings.
(5) The electronic filing system must allow a filer to include attachments or other supporting documentation when submitting a disclosure through the system.
History.—s. 8, ch. 2013-36; s. 4, ch. 2023-49.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.31455 - Collection methods for unpaid automatic fines for failure to timely file disclosure of financial interests.

112.31455 Collection methods for unpaid automatic fines for failure to timely file disclosure of financial interests.—
(1) Before referring any unpaid fine accrued pursuant to s. 112.3144(8) or s. 112.3145(8) to the Department of Financial Services, the commission shall attempt to determine whether the individual owing such a fine is a current public officer or current public employee. If so, the commission may notify the Chief Financial Officer or the governing body of the appropriate county, municipality, district school board, or special district of the total amount of any fine owed to the commission by such individual.
(a) After receipt and verification of the notice from the commission, the Chief Financial Officer or the governing body of the county, municipality, district school board, or special district shall begin withholding the lesser of 10 percent or the maximum amount allowed under federal law from any salary-related payment. The withheld payments shall be remitted to the commission until the fine is satisfied.
(b) The Chief Financial Officer or the governing body of the county, municipality, district school board, or special district may retain an amount of each withheld payment, as provided in s. 77.0305, to cover the administrative costs incurred under this section.
(2) If the commission determines that the individual who is the subject of an unpaid fine accrued pursuant to s. 112.3144(8) or s. 112.3145(8) is no longer a public officer or public employee or if the commission is unable to determine whether the individual is a current public officer or public employee, the commission may, 6 months after the order becomes final, seek garnishment of any wages to satisfy the amount of the fine, or any unpaid portion thereof, pursuant to chapter 77. Upon recording the order imposing the fine with the clerk of the circuit court, the order shall be deemed a judgment for purposes of garnishment pursuant to chapter 77.
(3) The commission may refer unpaid fines to the appropriate collection agency, as directed by the Chief Financial Officer, to utilize any collection methods provided by law. Except as expressly limited by this section, any other collection methods authorized by law are allowed.
(4) Action may be taken to collect any unpaid fine imposed by ss. 112.3144 and 112.3145 within 20 years after the date the final order is rendered.
History.—s. 10, ch. 2013-36; s. 10, ch. 2015-2; s. 3, ch. 2018-5; s. 5, ch. 2019-97; s. 19, ch. 2020-2.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.3146 - Public records.

112.3146 Public records.—The statements required by ss. 112.313, 112.3145, 112.3148, and 112.3149 shall be public records within the meaning of s. 119.01.
History.—s. 6, ch. 74-177; s. 6, ch. 90-502; s. 7, ch. 91-85.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.3147 - Forms.

112.3147 Forms.—Except as otherwise provided, all information required to be furnished by ss. 112.313, 112.3143, 112.3144, 112.3145, 112.3148, and 112.3149 and by s. 8, Art. II of the State Constitution shall be on forms prescribed by the Commission on Ethics.
History.—s. 7, ch. 74-177; s. 3, ch. 76-18; s. 7, ch. 90-502; s. 8, ch. 91-85; s. 12, ch. 2000-243; s. 5, ch. 2006-275; s. 11, ch. 2013-36.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.31485 - Prohibition on gifts involving political committees.

112.31485 Prohibition on gifts involving political committees.—
(1)(a) For purposes of this section, the term “gift” means any purchase, payment, distribution, loan, advance, transfer of funds, or disbursement of money or anything of value that is not primarily related to contributions, expenditures, or other political activities authorized pursuant to chapter 106.
(b) For purposes of this section, the term “immediate family” means any parent, spouse, child, or sibling.
(2)(a) A reporting individual or procurement employee or a member of his or her immediate family is prohibited from soliciting or knowingly accepting, directly or indirectly, any gift from a political committee.
(b) A political committee is prohibited from giving, directly or indirectly, any gift to a reporting individual or procurement employee or a member of his or her immediate family.
(3) Any person who violates this section is subject to a civil penalty equal to three times the amount of the gift. Such penalty is in addition to the penalties provided in s. 112.317 and shall be paid to the General Revenue Fund of the state. A reporting individual or procurement employee or a member of his or her immediate family who violates this section is personally liable for payment of the treble penalty. Any agent or person acting on behalf of a political committee who gives a prohibited gift is personally liable for payment of the treble penalty.
History.—s. 13, ch. 2013-36.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.3151 - Extensions of time for filing disclosure.

112.3151 Extensions of time for filing disclosure.—The Commission on Ethics may grant, for good cause, on an individual basis, an extension of time for filing of any disclosure required under the provisions of this part or s. 8(a), Art. II of the State Constitution. However, no extension may extend the filing deadline to a date within 20 days before a primary election. The commission may delegate to its chair the authority to grant any extension of time which the commission itself may grant under this section; however, no extension of time granted by the chair may exceed 45 days. Extensions of time granted under this section shall be exempt from the provisions of chapter 120.
History.—s. 4, ch. 83-282; s. 700, ch. 95-147.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.316 - Construction.

112.316 Construction.—It is not the intent of this part, nor shall it be construed, to prevent any officer or employee of a state agency or county, city, or other political subdivision of the state or any legislator or legislative employee from accepting other employment or following any pursuit which does not interfere with the full and faithful discharge by such officer, employee, legislator, or legislative employee of his or her duties to the state or the county, city, or other political subdivision of the state involved.
History.—s. 6, ch. 67-469; s. 2, ch. 69-335; s. 701, ch. 95-147.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.3175 - Remedies; contracts voidable.

112.3175 Remedies; contracts voidable.—
(1) Any contract that has been executed in violation of this part is voidable:
(a) By any party to the contract.
(b) In any circuit court, by any appropriate action, by:
1. The commission.
2. The Attorney General.
3. Any citizen materially affected by the contract and residing in the jurisdiction represented by the officer or agency entering into such contract.
(2) Any contract that has been executed in violation of this part is presumed void with respect to any former employee or former public official of a state agency and is voidable with respect to any private sector third party who employs or retains in any capacity such former agency employee or former public official.
History.—s. 8, ch. 75-208; s. 2, ch. 2001-266.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.31901 - Investigatory records.

112.31901 Investigatory records.—
(1) If certified pursuant to subsection (2), an investigatory record of the Chief Inspector General within the Executive Office of the Governor or of the employee designated by an agency head as the agency inspector general under s. 112.3189 is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation ceases to be active, or a report detailing the investigation is provided to the Governor or the agency head, or 60 days from the inception of the investigation for which the record was made or received, whichever first occurs. Investigatory records are those records that are related to the investigation of an alleged, specific act or omission or other wrongdoing, with respect to an identifiable person or group of persons, based on information compiled by the Chief Inspector General or by an agency inspector general, as named under the provisions of s. 112.3189, in the course of an investigation. An investigation is active if it is continuing with a reasonable, good faith anticipation of resolution and with reasonable dispatch.
(2) The Governor, in the case of the Chief Inspector General, or agency head, in the case of an employee designated as the agency inspector general under s. 112.3189, may certify that such investigatory records require an exemption to protect the integrity of the investigation or avoid unwarranted damage to an individual’s good name or reputation. The certification must specify the nature and purpose of the investigation and shall be kept with the exempt records and made public when the records are made public.
(3) This section does not apply to whistle-blower investigations conducted pursuant to ss. 112.3187, 112.3188, 112.3189, and 112.31895.
History.—s. 4, ch. 93-405; s. 35, ch. 95-398; s. 38, ch. 2005-251; s. 13, ch. 2006-1.
Note.—Former s. 119.07(6)(w).
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.3191 - Short title.

112.3191 Short title.—This act shall be known and cited as “The John J. Savage Memorial Act of 1974.”
History.—s. 1, ch. 74-176.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.320 - Commission on Ethics; purpose.

112.320 Commission on Ethics; purpose.—There is created a Commission on Ethics, the purpose of which is to serve as guardian of the standards of conduct for the officers and employees of the state, and of a county, city, or other political subdivision of the state, as defined in this part, and to serve as the independent commission provided for in s. 8(f), Art. II of the State Constitution.
History.—s. 2, ch. 74-176; s. 11, ch. 91-85.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.3213 - Legislative intent and purpose.

112.3213 Legislative intent and purpose.—The Legislature finds that the operation of open and responsible government requires the fullest opportunity to be afforded to the people to petition their government for the redress of grievances and to express freely their opinions on executive branch action. Further, the Legislature finds that preservation of the integrity of the governmental decisionmaking process is essential to the continued functioning of an open government. Therefore, in order to preserve and maintain the integrity of the process and to better inform citizens of the efforts to influence executive branch action, the Legislature finds it necessary to require the public disclosure of the identity, expenditures, and activities of certain persons who attempt to influence actions of the executive branch in the areas of policy and procurement.
History.—s. 5, ch. 93-121.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.32151 - Requirements for reinstitution of lobbyist registration after felony conviction.

112.32151 Requirements for reinstitution of lobbyist registration after felony conviction.—A person convicted of a felony after January 1, 2006, may not be registered as a lobbyist pursuant to s. 112.3215 until the person:
(1) Has been released from incarceration and any postconviction supervision, and has paid all court costs and court-ordered restitution; and
(2) Has had his or her civil rights restored.
History.—s. 9, ch. 2005-359; s. 8, ch. 2007-5.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.32155 - Electronic filing of compensation reports and other information.

112.32155 Electronic filing of compensation reports and other information.—
(1) As used in this section, the term “electronic filing system” means an Internet system for recording and reporting lobbying compensation and other required information by reporting period.
(2) Each lobbying firm who is required to file reports with the Commission on Ethics pursuant to s. 112.3215 must file such reports with the commission by means of the electronic filing system.
(3) A report filed pursuant to this section must be completed and filed through the electronic filing system not later than 11:59 p.m. of the day designated in s. 112.3215. A report not filed by 11:59 p.m. of the day designated is a late-filed report and is subject to the penalties under s. 112.3215(5).
(4) Each report filed pursuant to this section is considered to meet the certification requirements of s. 112.3215(5)(a)4. Persons given a secure sign-on to the electronic filing system are responsible for protecting it from disclosure and are responsible for all filings using such credentials, unless they have notified the commission that their credentials have been compromised.
(5) The electronic filing system must:
(a) Be based on access by means of the Internet.
(b) Be accessible by anyone with Internet access using standard web-browsing software.
(c) Provide for direct entry of compensation report information as well as upload of such information from software authorized by the commission.
(d) Provide a method that prevents unauthorized access to electronic filing system functions.
(6) The commission shall provide by rule procedures to implement and administer this section, including, but not limited to:
(a) Alternate filing procedures in case the electronic filing system is not operable.
(b) The issuance of an electronic receipt to the person submitting the report indicating and verifying the date and time that the report was filed.
(7) The commission shall make all the data filed available on the Internet in an easily understood and accessible format. The Internet website shall also include, but not be limited to, the names and business addresses of lobbyists, lobbying firms, and principals, the affiliations between lobbyists and principals, and the classification system designated and identified by each principal pursuant to s. 112.3215(3).
History.—s. 7, ch. 2005-359.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.3217 - Contingency fees; prohibitions; penalties.

112.3217 Contingency fees; prohibitions; penalties.—
(1) “Contingency fee” means a fee, bonus, commission, or nonmonetary benefit as compensation which is dependent or in any way contingent on the enactment, defeat, modification, or other outcome of any specific executive branch action.
(2) No person may, in whole or in part, pay, give, or receive, or agree to pay, give, or receive, a contingency fee. However, this subsection does not apply to claims bills.
(3) Any person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. If such person is a lobbyist, the lobbyist shall forfeit any fee, bonus, commission, or profit received in violation of this section and is subject to the penalties set forth in s. 112.3215. When the fee, bonus, commission, or profit is nonmonetary, the fair market value of the benefit shall be used in determining the amount to be forfeited. All forfeited benefits shall be deposited into the Executive Branch Lobby Registration Trust Fund.
(4) Nothing in this section may be construed to prohibit any salesperson engaging in legitimate state business on behalf of a company from receiving compensation or commission as part of a bona fide contractual arrangement with that company.
History.—s. 7, ch. 93-121; s. 9, ch. 2000-336.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.3231 - Time limitations.

112.3231 Time limitations.—
(1) On or after October 1, 1993, all sworn complaints alleging a violation of this part, or of any other breach of the public trust within the jurisdiction of the Commission on Ethics under s. 8, Art. II of the State Constitution, shall be filed with the commission within 5 years of the alleged violation or other breach of the public trust.
(2) A violation of this part or any other breach of public trust is committed when every element has occurred or, if the violation or breach of public trust involves a continuing course of conduct, at the time when the course of conduct or the officer’s, employee’s, or candidate’s complicity therein is terminated. Time starts to run on the day after the violation or breach of public trust is committed.
(3) The applicable period of limitation is tolled on the day a sworn complaint against the public officer, employee, or candidate is filed with the Commission on Ethics. If it can be concluded from the face of the complaint that the applicable period of limitation has run, the complaint shall be dismissed and the commission shall issue a public report.
History.—s. 13, ch. 91-85; s. 10, ch. 94-277.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.3232 - Compelled testimony.

112.3232 Compelled testimony.—If any person called to give evidence in a commission proceeding shall refuse to give evidence because of a claim of possible self-incrimination, the commission, with the written authorization of the appropriate state attorney, may apply to the chief judge of the appropriate judicial circuit for a judicial grant of immunity ordering the testimony or other evidence of such person notwithstanding his or her objection, but in such case no testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal proceeding.
History.—s. 10, ch. 2000-243.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.3241 - Judicial review.

112.3241 Judicial review.—Any final action by the commission taken pursuant to this part shall be subject to review in a district court of appeal upon the petition of the party against whom an adverse opinion, finding, or recommendation is made.
History.—s. 6, ch. 75-199; s. 4, ch. 84-318.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.3251 - Citizen support and direct-support organizations; standards of conduct.

112.3251 Citizen support and direct-support organizations; standards of conduct.—A citizen support or direct-support organization created or authorized pursuant to law must adopt its own ethics code. The ethics code must contain the standards of conduct and disclosures required under ss. 112.313 and 112.3143(2), respectively. However, an ethics code adopted pursuant to this section is not required to contain the standards of conduct specified in s. 112.313(3) or (7). The citizen support or direct-support organization may adopt additional or more stringent standards of conduct and disclosure requirements if those standards of conduct and disclosure requirements do not otherwise conflict with this part. The ethics code must be conspicuously posted on the citizen support or direct-support organization’s website.
History.—s. 5, ch. 2014-183.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261) › 112.326 - Additional requirements by political subdivisions and agencies not prohibited.

112.326 Additional requirements by political subdivisions and agencies not prohibited.—Nothing in this act shall prohibit the governing body of any political subdivision, by ordinance, or agency, by rule, from imposing upon its own officers and employees additional or more stringent standards of conduct and disclosure requirements than those specified in this part, provided that those standards of conduct and disclosure requirements do not otherwise conflict with the provisions of this part.
History.—s. 5, ch. 75-196; s. 12, ch. 94-277.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part IV - Supplemental Retirement Act for Retired Members of State Retirement Systems (Ss. 112.351-112.363) › 112.351 - Short title.

112.351 Short title.—This act shall be known and cited as the “Florida Supplemental Retirement Act for Retired Members of State Retirement Systems.”
History.—s. 1, ch. 67-276.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part IV - Supplemental Retirement Act for Retired Members of State Retirement Systems (Ss. 112.351-112.363) › 112.352 - Definitions.

112.352 Definitions.—The following words and phrases as used in this act shall have the following meaning unless a different meaning is required by the context:
(1) “Base year” means the year in which a retired member actually retired from a system or the year in which the member attained age 65, if later.
(2) “Department” means the Department of Management Services.
(3) “Funds” shall mean the special trust funds in the State Treasury created under each of the retirement laws covered by this act.
(4) “Joint annuitant” means any person named by a retired member under the applicable system to receive any retirement benefits due and payable from the system after the member’s death.
(5) “Retired member” shall mean any person who had both attained age 65 and retired prior to January 1, 1966, and is receiving benefits under any of the following systems:
(a) State and County Officers and Employees Retirement System, created by authority of chapter 122.
(b) Supreme Court Justices, District Courts of Appeal Judges and Circuit Judges Retirement System, created by authority of former chapter 123.
(c) Teachers’ Retirement System of the state, created by authority of chapter 238; or
(d) Highway Patrol Pension Trust Fund, created by authority of chapter 321.
(6) “Retirement benefit” means the monthly benefit which a retired member or joint annuitant is receiving from a system.
(7) “Social security benefit” shall mean the monthly primary insurance amount, computed in accordance with the Social Security Act from which is derived the monthly benefit amount, which the retired member is receiving, entitled to receive, or would be entitled to receive upon application to the Social Security Administration, without taking into account any earned income which would cause a reduction in such amount. For purposes of this act, the social security benefit of:
(a) A retired member who is not insured under the Social Security Act shall be zero, and
(b) A deceased retired member who was insured under the Social Security Act shall be the primary insurance amount from which is derived the monthly benefit amount which the member was receiving or entitled to receive in the month immediately preceding his or her date of death.
(8) “System” shall mean any of the retirement systems specified in subsection (5).
History.—s. 2, ch. 67-276; ss. 31, 35, ch. 69-106; s. 35, ch. 71-377; s. 1, ch. 73-326; s. 45, ch. 92-279; s. 55, ch. 92-326; s. 706, ch. 95-147; s. 1, ch. 95-154; s. 44, ch. 99-2; s. 14, ch. 99-255; s. 38, ch. 2023-8.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part IV - Supplemental Retirement Act for Retired Members of State Retirement Systems (Ss. 112.351-112.363) › 112.353 - Purpose of act.

112.353 Purpose of act.—The purpose of this act is to provide a supplement to the monthly retirement benefits being paid to, or with respect to, retired members under the retirement systems specified in s. 112.352(5) and any permanently and totally disabled retired member who became thus disabled in the line of duty and while performing the duties incident to his or her employment, such supplement to be approximately equal to the excess of the increase in social security benefits that the retired member would have received had he or she been covered for maximum benefits under the Social Security Act at age 65 or at date of retirement, whichever is later, over the amount of increase he or she has previously received or is entitled to receive by virtue of coverage under the Social Security Act.
History.—s. 3, ch. 67-276; s. 707, ch. 95-147; s. 39, ch. 2023-8.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part IV - Supplemental Retirement Act for Retired Members of State Retirement Systems (Ss. 112.351-112.363) › 112.354 - Eligibility for supplement.

112.354 Eligibility for supplement.—Each retired member or, if applicable, a joint annuitant, except any person receiving survivor benefits under the teachers’ retirement system of the state in accordance with s. 238.07(18), shall be entitled to receive a supplement computed in accordance with s. 112.355 upon:
(1) Furnishing to the Department of Management Services evidence from the Social Security Administration setting forth the retired member’s social security benefit or certifying the noninsured status of the retired member under the Social Security Act, and
(2) Filing written application with the Department of Management Services for such supplement.
History.—s. 4, ch. 67-276; ss. 31, 35, ch. 69-106; s. 1, ch. 73-326; s. 15, ch. 99-255; s. 7, ch. 2010-5.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part IV - Supplemental Retirement Act for Retired Members of State Retirement Systems (Ss. 112.351-112.363) › 112.355 - Supplement amount.

112.355 Supplement amount.—
(1) The supplement amount shall be calculated in the following manner, based on the retired member’s social security benefit and the table of values below:
TABLE OF VALUES
Base Year
I
II
III
IV
Prior to 1951
$57.00
$34.00
$58.00
$102.00
1951-1952
33.00
24.00
69.00
113.00
1953-1954
28.00
19.00
69.00
113.00
1955-1958
16.00
14.00
81.00
125.00
1959-1965
9.00
4.00
92.00
136.00
(2) The supplement amount for a retired member whose social security benefit is less than $44 shall be equal to (a) minus the product of (b) and (c) where:
(a) Is the value shown in column I of the table of values for the retired member’s base year,
(b) Is the value shown in column II of the table of values for the retired member’s base year, and
(c) Is the retired member’s social security benefit divided by $44, subject to the provisions of subsection (4).
(3) The supplement amount for a retired member whose social security benefit is $44 or more shall be equal to the product of paragraphs (a) and (b) of this subsection where:
(a) Is the difference between the value shown in column I and column II of the table of values for the retired member’s base year, and
(b) Is the value shown in column IV of the table of values for the retired member’s base year minus the retired member’s social security benefit, such difference divided by the value shown in column III of the table of values. In no event shall (b), as calculated in the previous sentence, be less than zero; subject to the provisions of subsection (4).
(4) The supplement amount for any retired member of, if applicable, a joint annuitant, who is receiving a retirement benefit of lesser amount than the normal retirement benefit to which the retired member was entitled at time of retirement because of early retirement or election of an optional form of payment, shall be reduced to an amount equal to the product of paragraphs (a) and (b) of this subsection where:
(a) Is the reduced retirement benefit such member or joint annuitant is receiving divided by the normal retirement benefit to which the retired member was entitled at retirement, and
(b) Is the supplement amount computed in accordance with subsection (2) or subsection (3), whichever is applicable.
(5) The supplement amount calculated in accordance with this section shall be rounded to the nearest dollar.
History.—s. 5, ch. 67-276; s. 708, ch. 95-147.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part IV - Supplemental Retirement Act for Retired Members of State Retirement Systems (Ss. 112.351-112.363) › 112.356 - Payment of supplement.

112.356 Payment of supplement.—Any supplement due and payable under this act shall be paid by the department or under the direction and control of the department, based on information furnished by the retired member, or a joint annuitant, and the administrator of the system under which retirement benefits are being paid, beginning on the first day of the month coincident with or next following the later of the effective date of this act and the date of approval of the application for supplement by the department, and payable thereafter on the first day of each month in the normal or optional form in which retirement benefits under the applicable system are being paid; provided, however, that if application for supplement is made subsequent to December 31, 1967, not more than 6 retroactive monthly supplements shall be paid.
History.—s. 6, ch. 67-276; ss. 31, 35, ch. 69-106; s. 16, ch. 99-255.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part IV - Supplemental Retirement Act for Retired Members of State Retirement Systems (Ss. 112.351-112.363) › 112.357 - Appropriation.

112.357 Appropriation.—There is hereby appropriated annually from the respective retirement trust fund from which the retired member is receiving his or her normal retirement benefit, an amount necessary to provide the benefits hereunder, and the amount necessary for the effective and efficient administration of this act.
History.—s. 7, ch. 67-276; s. 709, ch. 95-147.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part IV - Supplemental Retirement Act for Retired Members of State Retirement Systems (Ss. 112.351-112.363) › 112.359 - Benefits exempt from taxes and execution.

112.359 Benefits exempt from taxes and execution.—The benefits provided for any person under the provisions of this act are exempt from any state, county or municipal tax of the state and shall not be subject to assignment, execution or attachment or to any legal process whatsoever.
History.—s. 9, ch. 67-276.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part IV - Supplemental Retirement Act for Retired Members of State Retirement Systems (Ss. 112.351-112.363) › 112.360 - Amendments.

112.360 Amendments.—References in this act to state and federal laws are intended to include such laws as they now exist or may hereafter be amended.
History.—s. 10, ch. 67-276.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part V - Suspension, Removal, or Retirement of Public Officers (Ss. 112.40-112.52) › 112.40 - Disposition of order of suspension.

112.40 Disposition of order of suspension.—An order of suspension by the Governor, upon its execution, shall be delivered to the Department of State. The department shall forthwith deliver copies by registered mail, or otherwise as it may be advised, to the officer suspended, the Secretary of the Senate, and the Attorney General. The order of suspension shall be effective upon the filing of the same with the department of state. No further communication by the Governor with the Senate shall be necessary to permit the Senate to act.
History.—s. 1, ch. 69-277; ss. 10, 35, ch. 69-106.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part V - Suspension, Removal, or Retirement of Public Officers (Ss. 112.40-112.52) › 112.41 - Contents of order of suspension; Senate select committee; special magistrate.

112.41 Contents of order of suspension; Senate select committee; special magistrate.—
(1) The order of the Governor, in suspending any officer pursuant to the provisions of s. 7, Art. IV of the State Constitution, shall specify facts sufficient to advise both the officer and the Senate as to the charges made or the basis of the suspension.
(2) The Senate shall conduct a hearing in the manner prescribed by rules of the Senate adopted for this purpose.
(3) The Senate may provide for a select committee to be appointed by the Senate in accordance with its rules for the purpose of hearing the evidence and making its recommendation to the Senate as to the removal or reinstatement of the suspended officer.
(4) The Senate may, in lieu of the use of a select committee, appoint a special magistrate to receive the evidence and make recommendations to the Senate.
History.—s. 2, ch. 69-277; s. 60, ch. 2004-11.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part V - Suspension, Removal, or Retirement of Public Officers (Ss. 112.40-112.52) › 112.42 - Period during which grounds may have occurred.

112.42 Period during which grounds may have occurred.—The Governor may suspend any officer on any constitutional ground for such suspension that occurred during the existing term of the officer or during the next preceding 4 years.
History.—s. 3, ch. 69-277; s. 1, ch. 71-333.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part V - Suspension, Removal, or Retirement of Public Officers (Ss. 112.40-112.52) › 112.43 - Prosecution of suspension before Senate.

112.43 Prosecution of suspension before Senate.—All suspensions heard by the Senate, a select committee, or special magistrate in accordance with rules of the Senate shall be prosecuted by the Governor, the Governor’s legal staff, or an attorney designated by the Governor. Should the Senate, or the select committee appointed by the Senate to hear the evidence and to make recommendations, desire private counsel, either the Senate or the select committee shall be entitled to employ its own counsel for this purpose. Nothing herein shall prevent the Senate or its select committee from making its own investigation and presenting such evidence as its investigation may reveal. The Governor may request the advice of the Department of Legal Affairs relative to the suspension order prior to its issuance by the Governor. Following the issuance of the suspension order, either the Senate or the select committee may request the Department of Legal Affairs to provide counsel for the Senate to advise on questions of law or otherwise advise with the Senate or the select committee, but the Department of Legal Affairs shall not be required to prosecute before the Senate or the committee and shall, pursuant to the terms of this section, act as the legal adviser only.
History.—s. 4, ch. 69-277; s. 33, ch. 77-104; s. 712, ch. 95-147; s. 61, ch. 2004-11.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part V - Suspension, Removal, or Retirement of Public Officers (Ss. 112.40-112.52) › 112.44 - Failure to prove charges; payment of attorney’s fees or salary.

112.44 Failure to prove charges; payment of attorney’s fees or salary.—In the event any officer suspended by the Governor shall not be removed by the Senate, the officer shall be reinstated, and the Senate may provide that the county, district, or state, as the case may be, shall pay reasonable attorney’s fees and costs of the reinstated officer upon his or her exoneration; or the Legislature may at any time after such reinstatement provide for the payment from general revenue funds of reasonable attorney’s fees and costs or the salary and emoluments of office from the date of suspension to the date of reinstatement. The appropriation for such fees, costs, and salary and emoluments may be contained in the General Appropriations Act or any other appropriate general act. This part shall constitute sufficient authority for the payment of such attorney’s fees and costs as the officer may reasonably have incurred in his or her own defense.
History.—s. 5, ch. 69-277; s. 2, ch. 80-333; s. 713, ch. 95-147.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part V - Suspension, Removal, or Retirement of Public Officers (Ss. 112.40-112.52) › 112.45 - Senate’s report; results of prosecution.

112.45 Senate’s report; results of prosecution.—
(1) The Secretary of the Senate shall, as soon as reasonably possible following the action of the Senate, file with the Department of State a report of the action of the Senate, including an order signed by the President and the Secretary specifying the action taken by the Senate. The action of the Senate shall become effective immediately upon the filing of the order with the Department of State, and the Department of State shall forthwith deliver copies of such order to the Governor, the officer involved, and the governing body of the county, district, or state, as the case may be. Any such order or any certified copy thereof, under the signature of the Secretary of State, may be recorded in the public records of any county in this state.
(2) The date of delivery of the order to the Department of State shall be the effective date of the removal or reinstatement, as the case may be, and, should the official be reinstated, he or she shall be entitled to reimbursement for such pay and emoluments of office from the date of suspension to that date, as though he or she had never been suspended, and the order of the Senate, or a certified copy thereof, shall constitute the authority of the county, district, or state, to make such payment for reimbursement.
History.—s. 6, ch. 69-277; ss. 10, 35, ch. 69-106; s. 714, ch. 95-147.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part V - Suspension, Removal, or Retirement of Public Officers (Ss. 112.40-112.52) › 112.46 - Period during which suspension will lie.

112.46 Period during which suspension will lie.—Any officer subject to suspension by the Governor pursuant to the State Constitution shall be subject to such suspension from the date provided by law for such officer to take office whether or not the Governor has executed and delivered the commission of office to the said officer. It is the intent of this part to provide that the formal execution of a commission by the Governor and a delivery thereof to the officer is a ministerial duty not necessary either to the performance of the duties of that officer or to the susceptibility to suspension of that officer. However, nothing in this part shall prohibit or preclude any officer claiming title to any office from seeking a judicial determination of his or her right to such office, regardless of the issuance or nonissuance of a commission to such office.
History.—s. 7, ch. 69-277; s. 715, ch. 95-147.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part V - Suspension, Removal, or Retirement of Public Officers (Ss. 112.40-112.52) › 112.47 - Hearing before Senate select committee; notice.

112.47 Hearing before Senate select committee; notice.—The Senate shall afford each suspended official a hearing before a select committee or special magistrate, and shall notify such suspended official of the time and place of the hearing sufficiently in advance thereof to afford such official an opportunity fully and adequately to prepare such defenses as the official may be advised are necessary and proper, and all such defenses may be presented by the official or by the official’s attorney. In the furtherance of this provision the Senate shall adopt sufficient procedural rules to afford due process both to the Governor in the presentation of his or her evidence and to the suspended official, but in the absence of such adoption, this section shall afford a full and complete hearing, public in nature, as required by the State Constitution. However, nothing in this part shall prevent either the select committee or the Senate from conducting portions of the hearing in executive session if the Senate rules so provide.
History.—s. 8, ch. 69-277; s. 716, ch. 95-147; s. 62, ch. 2004-11.
2023 Florida Statutes › Title X - Public Officers, Employees, and Records › Chapter 112 - Public Officers and Employees: General Provisions › Part V - Suspension, Removal, or Retirement of Public Officers (Ss. 112.40-112.52) › 112.48 - Suspension when Senate not in session.

112.48 Suspension when Senate not in session.—The Governor may suspend any officer at any time, whether or not the Senate is in session. However, the Senate need not hear or determine the question of the suspension of the officer during any regular session.
History.—s. 9, ch. 69-277.