Florida Commission on Ethics Defense Attorney

An ethics complaint can end a public career, damage a reputation built over decades, and result in fines, censure, or removal from office. N. Albert Bacharach, Jr., P.A. represents Florida public officials, public employees, and candidates who are the subject of complaints before the Florida Commission on Ethics.

Confidential consultation. Call or text (352) 378-9859 or email prospects@NABJR.com.

What the Commission on Ethics Does

The Florida Commission on Ethics (“Commission”) is the independent state body responsible for enforcing the Code of Ethics for Public Officers and Employees (Part III, Chapter 112, Florida Statutes) and the financial disclosure laws. The Commission investigates complaints, makes probable-cause determinations, conducts private and public hearings, and recommends penalties.

Common Allegations

• Misuse of public position for personal gain
• Voting conflicts of interest
• Gifts and honoraria violations
• Solicitation and acceptance of prohibited compensation
• Post-employment (revolving door) restrictions
• Financial disclosure (CE Form 1 and CE Form 6) deficiencies
• Doing business with one’s own agency
• Dual office-holding issues
• Outside employment conflicts

The Commission on Ethics Process

1. Complaint filed. Any person may file a sworn complaint. Ethics proceedings are initially confidential.
2. Legal sufficiency review. The Commission staff determines whether the complaint alleges an ethics violation within the Commission’s jurisdiction.
3. Investigation. If the staff determines the complaint is legally sufficient, an investigator gathers documents, takes statements, interviews the respondent, and compiles a report. As the respondent you have the right to legal counsel during the interview.
4. Probable-cause determination. The Commission decides whether probable cause exists to believe a violation occurred. This is a crucial point – one where strong advocacy can end the case.
5. Public hearing. If probable cause is found, the case proceeds to a public hearing before either a Division of Administrative Hearings administrative law judge or before the Commission itself.
6. Final order and penalties. Penalties can include removal or suspension, civil penalties up to ten thousand dollars per violation, restitution, public censure, and reprimand.

Why Representation Matters Early

The investigative stage is where most ethics cases are actually decided. Statements made to investigators, documents produced, and the explanation offered in the written response all shape whether the Commission finds probable cause. Retaining counsel before responding to the investigator – not after a probable-cause finding – gives you the best chance of avoiding a public Commission hearing and a finding of violation.

Respondents Include

• Elected state, county, and municipal officials
• Appointed board and commission members
• State agency employees and department heads
• Local government managers and staff
• Candidates for public office
• School board members and superintendents
• Special district officers

Confidentiality

Ethics complaints are confidential under Florida law until the Commission makes a probable-cause determination or the respondent waives confidentiality. We will take every step to preserve that confidentiality and to resolve matters before they become public.

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