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White Collar Crime

 Abuse of Public Position Crimes

As required by Amendment 12, the abuse of public position prohibition took effect on December 31, 2020. Amendment 12 required the Florida Legislature to enact implementing legislation establishing penalties for violations of the prohibition to take effect the same day. As a result, s. 112.317, F.S., makes the penalty provisions of the section applicable to the constitutional prohibition.

The bill reenacts s. 112.317, F.S., which provides penalties for violations of the Florida Code of Ethics for Public Officers and Employees and for any violation of Art. II, s. 8, State Constitution. The reenactment of s. 112.317, F.S., will make the section applicable to amendments to the State Constitution by Amendment 12 adopted in the 2018 general election.

The amended constitutional language prohibits a public officer or public employee from abusing his or her public position in order to obtain a disproportionate benefit.

Attorneys for Crimes Alleging Abuse of Public Position in Florida

The attorneys at Sammis Law Firm represent clients accused of crimes related to violating public integrity and ethics. If you were accused of abuse of a public position, then contact us for a free consultation.

During the consultation, we can discuss the criminal charges pending against you, the possible penalties, and the best way to fight the charges.

Call 813-250-0500.

Penalties for Abuse of Public Position Crimes in Florida

According to the Committee on Ethics and Elections and the Florida Senate 2020 summary of legislation passed, House Bill  HB 7009 sets out penalties for violations of the constitutional prohibition against abuse of public position under s. 112.317, F.S., including:

  • a civil penalty not to exceed $10,000
  • the payment of restitution;
  • public censure and reprimand; and
  • impeachment and removal from office.

This article was last updated on Wednesday, December 30, 2020.