Florida 2023 Regular Session

Florida House Bill H0199 Compare Versions

Version 1 (Old)

Version 2 (New)

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10	10		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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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to ethics requirements for officers 2
16	16		and employees of special tax districts; amending s. 3
17	17		112.313, F.S.; specifying that certain conduct by 4
18	18		certain public officers and employees is deemed a 5
19	19		conflict of interest; making technical changes; 6
20	20		amending s. 112.3142, F.S.; requiring certain ethics 7
21	21		training for elected local officers of independent 8
22	22		special districts beginning on a specified date; 9
23	23		specifying requirements for such training; providing 10
24	24		an effective date. 11
25	25		12
26	26		Be It Enacted by the Legislature of the State of Florida: 13
27	27		14
28	28		Section 1. Subsection (7) of section 112.313, Florida 15
29	29		Statutes, is amended to read: 16
30	30		112.313 Standards of conduct for public of ficers, 17
31	31		employees of agencies, and local government attorneys. — 18
32	32		(7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP. — 19
33	33		(a) No public officer or employee of an agency shall have 20
34	34		or hold any employment or contractual relationship with any 21
35	35		business entity or any agency which is subject to the regulation 22
36	36		of, or is doing business with, an agency of which he or she is 23
37	37		an officer or employee, excluding those organizations and their 24
38	38		officers who, when acting in their official capacity, enter into 25
39		-	~~ENROLLED~~
40		-	CS/HB 199 2023 ~~Legislature~~
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47	47		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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51	51		or negotiate a collective bargaining contract with the state or 26
52	52		any municipality, county, or other political subdivision of the 27
53	53		state; nor shall an officer or employee of an agency have or 28
54	54		hold any employment or contractual relationship that will create 29
55	55		a continuing or frequently recurring conflict between his or her 30
56	56		private interests and the performance of his or her public 31
57	57		duties or that would impede the full and faithful discharge of 32
58	58		his or her public duties. 33
59	59		1. When the agency referred to is that certain kind of 34
60	60		special tax district created by general or special law and is 35
61	61		limited specifically to constructing, maintaining, managing, and 36
62	62		financing improvements in the land area over which the agency 37
63	63		has jurisdiction, or when the agency has been organized pursuant 38
64	64		to chapter 298, then employment with, or entering into a 39
65	65		contractual relationship with, such business entity by a public 40
66	66		officer or employee of such agency is shall not be prohibited by 41
67	67		this subsection or be deemed a conflict per se. However, conduct 42
68	68		by such officer or employee that is prohibited by, or otherwise 43
69	69		frustrates the intent of, this section , including conduct that 44
70	70		violates subsections (6) and (8), is shall be deemed a conflict 45
71	71		of interest in violation of the standards of conduct set forth 46
72	72		by this section. 47
73	73		2. When the agency referred to is a legislative body and 48
74	74		the regulatory power over the business entity resides in another 49
75	75		agency, or when the regulatory power which the legislative body 50
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84	84		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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88	88		exercises over the business entity or agency is strictly thr ough 51
89	89		the enactment of laws or ordinances, then employment or a 52
90	90		contractual relationship with such business entity by a public 53
91	91		officer or employee of a legislative body shall not be 54
92	92		prohibited by this subsection or be deemed a conflict. 55
93	93		(b) This subsection shall not prohibit a public officer or 56
94	94		employee from practicing in a particular profession or 57
95	95		occupation when such practice by persons holding such public 58
96	96		office or employment is required or permitted by law or 59
97	97		ordinance. 60
98	98		Section 2. Paragraphs (d) an d (e) of subsection (2) of 61
99	99		section 112.3142, Florida Statutes, are redesignated as 62
100	100		paragraphs (e) and (f), respectively, present paragraph (e) of 63
101	101		that subsection is amended, and a new paragraph (d) is added to 64
102	102		that subsection, to read: 65
103	103		112.3142 Ethics training for specified constitutional 66
104	104		officers, elected municipal officers, and commissioners of 67
105	105		community redevelopment agencies, and elected local officers of 68
106	106		independent special districts .— 69
107	107		(2) 70
108	108		(d) Beginning January 1, 2024, each elected local officer 71
109	109		of an independent special district, as defined in s. 189.012, 72
110	110		and each person who is appointed to fill a vacancy for an 73
111	111		unexpired term of such elective office must complete 4 hours of 74
112	112		ethics training each calendar year which addresses, at a 75
113		-	~~ENROLLED~~
114		-	CS/HB 199 2023 ~~Legislature~~
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121	121		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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125	125		minimum, s. 8, Art. II of the State Constitution, the Code of 76
126	126		Ethics for Public Officers and Employees, and the public records 77
127	127		and public meetings laws of this state. This requirement may be 78
128	128		satisfied by completion of a continuing legal education class or 79
129	129		other continuing professional education class, seminar, or 80
130	130		presentation, if the required subject matter is covered by such 81
131	131		class, seminar, or presentation. 82
132	132		(f)(e) The Legislature intends that a constitutional 83
133	133		officer, or elected municipal officer , or elected local offi cer 84
134	134		of an independent special district who is required to complete 85
135	135		ethics training pursuant to this section receive the required 86
136	136		training as close as possible to the date that he or she assumes 87
137	137		office. A constitutional officer , or elected municipal officer , 88
138	138		or elected local officer of an independent special district 89
139	139		assuming a new office or new term of office on or before March 90
140	140		31 must complete the annual training on or before December 31 of 91
141	141		the year in which the term of office began. A constitutional 92
142	142		officer, or elected municipal officer , or elected local officer 93
143	143		of an independent special district assuming a new office or new 94
144	144		term of office after March 31 is not required to complete ethics 95
145	145		training for the calendar year in which the term of office 96
146	146		began. 97
147	147		Section 3. This act shall take effect July 1, 2023. 98