Florida 2023 Regular Session

Florida House Bill H0241 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 241 2023
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8	8	hb0241-00
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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	14	A bill to be entitled 1
15	15	An act relating to ethics for public officers and 2
16	16	employees of special tax districts; amending s. 3
17	17	112.313, F.S.; removing the exemption for public 4
18	18	officers and employees of special tax districts 5
19	19	relating to conflicting employment or contractual 6
20	20	relationships in the Code of Ethics for Public 7
21	21	Officers and Employees; amending s. 112.3142, F.S.; 8
22	22	requiring certain ethics training for elected local 9
23	23	officers of independent special districts beginning on 10
24	24	a specified date; specifying requirements for such 11
25	25	training; amending ss. 189.031 and 190.007, F.S.; 12
26	26	conforming cross-references; providing an effective 13
27	27	date. 14
28	28	15
29	29	Be It Enacted by the Legislature of the Stat e of Florida: 16
30	30	17
31	31	Section 1. Subsection (7) of section 112.313, Florida 18
32	32	Statutes, is amended to read: 19
33	33	112.313 Standards of conduct for public officers, 20
34	34	employees of agencies, and local government attorneys. — 21
35	35	(7) CONFLICTING EMPLOYMENT OR CONTRACTUAL R ELATIONSHIP.— 22
36	36	(a)1. A No public officer or an employee of an agency may 23
37	37	not shall have or hold any employment or contractual 24
38	38	relationship with any business entity or any agency that which 25
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40	40	HB 241 2023
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45	45	hb0241-00
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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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49	49
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51	51	is subject to the regulation of, or is doing business with, an 26
52	52	agency of which he or she is an officer or employee, excluding 27
53	53	those organizations and their officers who, when acting in their 28
54	54	official capacity, enter into or negotiate a collective 29
55	55	bargaining contract with the state or any municipality, county, 30
56	56	or other political subdivision of the state . Additionally,; nor 31
57	57	shall an officer or employee of an agency may not have or hold 32
58	58	any employment or contractual relationship that will create a 33
59	59	continuing or frequently recurring conflict between his or her 34
60	60	private interests and the performance of his or her public 35
61	61	duties or that would impede the full and faithful discharge of 36
62	62	his or her public duties. 37
63	63	1. When the agency referred to is that certain kind of 38
64	64	special tax district created by general or special law and is 39
65	65	limited specifically to constructing, maintaining, managing, and 40
66	66	financing improvements in the land area over which the agency 41
67	67	has jurisdiction, or when the agency has been organized pursuant 42
68	68	to chapter 298, then employment with, or entering into a 43
69	69	contractual relationship with, such business entity by a public 44
70	70	officer or employee of such agency shall not be prohibited by 45
71	71	this subsection or be deemed a conflict per se. However, conduct 46
72	72	by such officer or employee that is prohibited by, or otherwise 47
73	73	frustrates the intent of, this section shall be deemed a 48
74	74	conflict of interest in violation of the standards of conduct 49
75	75	set forth by this section. 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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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	2. When the agency referred to is a legislative body and 51
89	89	the regulatory power over the business entity resides in anothe r 52
90	90	agency, or when the regulatory power which the legislative body 53
91	91	exercises over the business entity or agency is strictly through 54
92	92	the enactment of laws or ordinances, then employment or a 55
93	93	contractual relationship with such business entity by a public 56
94	94	officer or employee of a legislative body is shall not be 57
95	95	prohibited by this subsection and is not or be deemed a 58
96	96	conflict. 59
97	97	(b) This subsection does shall not prohibit a public 60
98	98	officer or an employee of an agency from practicing in a 61
99	99	particular profession or occupation when such practice by 62
100	100	persons holding such public office or employment is required or 63
101	101	permitted by law or by a county or municipal ordinance. 64
102	102	Section 2. Paragraphs (d) and (e) of subsection (2) of 65
103	103	section 112.3142, Florida Statutes, are red esignated as 66
104	104	paragraphs (e) and (f), respectively, present paragraph (e) of 67
105	105	that subsection is amended, and a new paragraph (d) is added to 68
106	106	that subsection to read: 69
107	107	112.3142 Ethics training for specified constitutional 70
108	108	officers, elected municipal officer s, and commissioners, and 71
109	109	elected local officers of independent special districts .— 72
110	110	(2) 73
111	111	(d) Beginning January 1, 2024, each elected local officer 74
112	112	of an independent special district, as defined in s. 189.012, 75
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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	and each person who is appointed to fill a va cancy for an 76
126	126	unexpired term of such elective office must complete 4 hours of 77
127	127	ethics training each calendar year which addresses, at a 78
128	128	minimum, s. 8, Art. II of the State Constitution, the Code of 79
129	129	Ethics for Public Officers and Employees, and the public rec ords 80
130	130	and public meetings laws of this state. This requirement may be 81
131	131	satisfied by completion of a continuing legal education class or 82
132	132	other continuing professional education class, seminar, or 83
133	133	presentation, if the required subject matter is covered by such 84
134	134	class, seminar, or presentation. 85
135	135	(e) The Legislature intends that a constitutional officer , 86
136	136	or elected municipal officer , or elected local officer of an 87
137	137	independent special district who is required to complete ethics 88
138	138	training pursuant to this section re ceive the required training 89
139	139	as close as possible to the date that he or she assumes office. 90
140	140	A constitutional officer , or elected municipal officer , or 91
141	141	elected local officer of an independent special district 92
142	142	assuming a new office or new term of office on o r before March 93
143	143	31 must complete the annual training on or before December 31 of 94
144	144	the year in which the term of office began. A constitutional 95
145	145	officer, or elected municipal officer , or elected local officer 96
146	146	of an independent special district assuming a new office or new 97
147	147	term of office after March 31 is not required to complete ethics 98
148	148	training for the calendar year in which the term of office 99
149	149	began. 100
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158	158	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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162	162	Section 3. Subsection (6) of section 189.031, Florida 101
163	163	Statutes, is amended to read: 102
164	164	189.031 Legislative intent for the creation of independent 103
165	165	special districts; special act prohibitions; model elements and 104
166	166	other requirements; local general -purpose government/Governor 105
167	167	and Cabinet creation authorizations. — 106
168	168	(6) GOVERNANCE.—For purposes of s. 8(h)(2), Art. II of the 107
169	169	State Constitution, a board member or a public employee of a 108
170	170	special district does not abuse his or her public position if 109
171	171	the board member or public employee commits an act or omission 110
172	172	that is authorized under s. 112.313(12), (15), or (16) s. 111
173	173	112.313(7), (12), (15), or (16) or s. 112.3143(3)(b), and an 112
174	174	abuse of a board member's position does not include any act or 113
175	175	omission in connection with a vote when the board member has 114
176	176	followed the procedures required by s. 112.3143. 115
177	177	Section 4. Subsection (1) of section 190.007, Florida 116
178	178	Statutes, is amended to read: 117
179	179	190.007 Board of supervisors; general duties. — 118
180	180	(1) The board shall employ, and fix the compensation of, a 119
181	181	district manager. The district manager shall have charge and 120
182	182	supervision of the works of the district and shall be 121
183	183	responsible for preserving and maintaining any improvement or 122
184	184	facility constructed or erected pursuant to the provisions of 123
185	185	this act, for maintaining and operating the equipment owned by 124
186	186	the district, and for performing such other duties as may be 125
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188	188	HB 241 2023
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192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0241-00
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195	195	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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199	199	prescribed by the board. It shall not be a conflict of interest 126
200	200	under chapter 112 for a board member or the district manager or 127
201	201	another employee of the district to be a stockholder, officer, 128
202	202	or employee of a land owner or of an entity affiliated with a 129
203	203	landowner. The district manager may hire or otherwise employ and 130
204	204	terminate the employment of such other persons, including, 131
205	205	without limitation, professional, supervisory, and clerical 132
206	206	employees, as may be necessary a nd authorized by the board. The 133
207	207	compensation and other conditions of employment of the officers 134
208	208	and employees of the district shall be as provided by the board. 135
209	209	For purposes of s. 8(h)(2), Art. II of the State Constitution, a 136
210	210	board member or a public emplo yee of a district does not abuse 137
211	211	his or her public position if the board member or public 138
212	212	employee commits an act or omission that is authorized under 139
213	213	this subsection, s. 112.313(12), (15), or (16) s. 112.313(7), 140
214	214	(12), (15), or (16), or s. 112.3143(3)(b), and an abuse of a 141
215	215	board member's public position does not include any act or 142
216	216	omission in connection with a vote when the board member has 143
217	217	followed the procedures required by s. 112.3143. 144
218	218	Section 5. This act shall take effect July 1, 2023. 145