16-000767EC In Re: Joseph Manners vs. * Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, August 29, 2016.

Section 112.3145(8)( c), Florida Statutes, states that if a person holding public office or

public employment fails or refuses to file an annual statement of financial interests for any year

in which the person received notice from the Commission regarding the failure to file and has

accrued the maximum automatic fine, the Commission shall initiate an investigation and conduct

a public hearing without receipt of a complaint to determine whether the person's failure to file is

willful, and if so determined, the Commission shall recommend the person's removal from his or

her public position.

The Commission voted to approve the Motion to Dismiss Complaint for Lack of

Jurisdiction because the holding of public office or employment is necessary to invoke and

maintain the Commission's investigatory jurisdiction under Section 112.3145(8)( c), Florida

Statutes. Following the Respondent's resignation from the Board of Supervisors of the Kendall

Breeze West Community Development District, the Respondent no longer holds public office,

and the Commission no longer possesses jurisdiction in this matter.

This determination is not intended to create a situation where the Commission is

prohibited, limited, or impeded from taking action in the event a complaint or referral is filed

against the Respondent. Nor is it intended to restrict or impair the Commission's actions in the

collection of fines resulting from the untimely filing of financial disclosure, as contemplated by

Section 112.31455, Florida Statutes.

Accordingly, this complaint is hereby dismissed.

ORDERED by the State of Florida Commission on Ethics meeting in public session on

Friday, December 9, 2016.

Date Rendered

Chair, Florida Commission on Ethics

cc: Mr. Joseph Manners, Respondent

Ms. Melody A. Hadley, Commission Advocate