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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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An act relating to ethics requirements for officers 2
and employees of special tax districts; amending s. 3
112.313, F.S.; specifying that certain conduct by 4
certain public officers and employees is deemed a 5
conflict of interest; making technical changes; 6
amending s. 112.3142, F.S.; requiring certain ethics 7
training for elected local officers of independent 8
special districts beginning on a specified date; 9
specifying requirements for such training; providing 10
an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Subsection (7) of section 112.313, Florida 15
Statutes, is amended to read: 16
112.313 Standards of conduct for pu blic officers, 17
employees of agencies, and local government attorneys. — 18
(7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP. — 19
(a) No public officer or employee of an agency shall have 20
or hold any employment or contractual relationship with any 21
business entity or any agency which is subject to the regulation 22
of, or is doing business with, an agency of which he or she is 23
an officer or employee, excluding those organizations and their 24
officers who, when acting in their official capacity, enter into 25
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or negotiate a collective bargaining contract with the state or 26
any municipality, county, or other political subdivision of the 27
state; nor shall an officer or employee of an agency have or 28
hold any employment or contractual relationship that will create 29
a continuing or frequently recurring conflict between his or her 30
private interests and the performance of his or her public 31
duties or that would impede the full and faithful discharge of 32
his or her public duties. 33
1. When the agency referred to is that certain k ind of 34
special tax district created by general or special law and is 35
limited specifically to constructing, maintaining, managing, and 36
financing improvements in the land area over which the agency 37
has jurisdiction, or when the agency has been organized purs uant 38
to chapter 298, then employment with, or entering into a 39
contractual relationship with, such business entity by a public 40
officer or employee of such agency is shall not be prohibited by 41
this subsection or be deemed a conflict per se. However, conduct 42
by such officer or employee that is prohibited by, or otherwise 43
frustrates the intent of, this section , including conduct that 44
violates subsections (6) and (8), is shall be deemed a conflict 45
of interest in violation of the standards of conduct set forth 46
by this section. 47
2. When the agency referred to is a legislative body and 48
the regulatory power over the business entity resides in another 49
agency, or when the regulatory power which the legislative body 50
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exercises over the business entity or agency is stric tly through 51
the enactment of laws or ordinances, then employment or a 52
contractual relationship with such business entity by a public 53
officer or employee of a legislative body shall not be 54
prohibited by this subsection or be deemed a conflict. 55
(b) This subsection shall not prohibit a public officer or 56
employee from practicing in a particular profession or 57
occupation when such practice by persons holding such public 58
office or employment is required or permitted by law or 59
ordinance. 60
Section 2. Paragraphs (d) and (e) of subsection (2) of 61
section 112.3142, Florida Statutes, are redesignated as 62
paragraphs (e) and (f), respectively, present paragraph (e) of 63
that subsection is amended, and a new paragraph (d) is added to 64
that subsection, to read: 65
112.3142 Ethics training for specified constitutional 66
officers, elected municipal officers, and commissioners of 67
community redevelopment agencies, and elected local officers of 68
independent special districts .— 69
(2) 70
(d) Beginning January 1, 2024, each elected local o fficer 71
of an independent special district, as defined in s. 189.012, 72
and each person who is appointed to fill a vacancy for an 73
unexpired term of such elective office must complete 4 hours of 74
ethics training each calendar year which addresses, at a 75
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minimum, s. 8, Art. II of the State Constitution, the Code of 76
Ethics for Public Officers and Employees, and the public records 77
and public meetings laws of this state. This requirement may be 78
satisfied by completion of a continuing legal education class or 79
other continuing professional education class, seminar, or 80
presentation, if the required subject matter is covered by such 81
class, seminar, or presentation. 82
(f)(e) The Legislature intends that a constitutional 83
officer, or elected municipal officer , or elected local officer 84
of an independent special district who is required to complete 85
ethics training pursuant to this section receive the required 86
training as close as possible to the date that he or she assumes 87
office. A constitutional officer , or elected municipal officer, 88
or elected local officer of an independent special district 89
assuming a new office or new term of office on or before March 90
31 must complete the annual training on or before December 31 of 91
the year in which the term of office began. A constitutiona l 92
officer, or elected municipal officer , or elected local officer 93
of an independent special district assuming a new office or new 94
term of office after March 31 is not required to complete ethics 95
training for the calendar year in which the term of office 96
began. 97
Section 3. This act shall take effect July 1, 2023. 98