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