(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.
Structure 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)
112.311 - Legislative intent and declaration of policy.
112.3125 - Dual public employment.
112.3135 - Restriction on employment of relatives.
112.3144 - Full and public disclosure of financial interests.
112.31445 - Electronic filing system; full and public disclosure of financial interests.
112.31446 - Electronic filing system for financial disclosure.
112.3145 - Disclosure of financial interests and clients represented before agencies.
112.31485 - Prohibition on gifts involving political committees.
112.3149 - Solicitation and disclosure of honoraria.
112.3151 - Extensions of time for filing disclosure.
112.3175 - Remedies; contracts voidable.
112.3185 - Additional standards for state agency employees.
112.31895 - Investigative procedures in response to prohibited personnel actions.
112.31901 - Investigatory records.
112.320 - Commission on Ethics; purpose.
112.321 - Membership, terms; travel expenses; staff.
112.3213 - Legislative intent and purpose.
112.32151 - Requirements for reinstitution of lobbyist registration after felony conviction.
112.32155 - Electronic filing of compensation reports and other information.
112.3217 - Contingency fees; prohibitions; penalties.
112.322 - Duties and powers of commission.
112.3232 - Compelled testimony.
112.3251 - Citizen support and direct-support organizations; standards of conduct.
112.326 - Additional requirements by political subdivisions and agencies not prohibited.
112.3261 - Lobbying before water management districts; registration and reporting.