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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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I am looking for just an opinion on the florida statute of

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I am looking for just an opinion on the florida statute of limitations FSS(NNN) NNN-NNNN My old police dept is now trying to take away my pension. I was charged with only policy violations but was terminated on 11/17/2005. The date of the alleged incident was 4/19/2003. The pension board took no action until 07/2009. The way I read the statute is that action must be taken before 5 yrs of the date of the incident. Can you advise?

Hi

 

Here is the statute and I do not see where it provides a statute of limitiatons on the boards action. Could you, please, copy and paste that section from the law I have provided. Because I do not see where it states anything that you are referring to.

 

 

 

 

Customer: replied 6 years ago.
The actual statute of limitations is FS112.3231
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.

Hi

 

According to the law, it would have needed to be within 5 years.

Sam and other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Thank You

Hi

 

You're welcome. Please keep in mind, that I can only answer what is asked. So if you have more questions in this regard, please post them here and I will continue assisting.

 

Thank you