Florida Senate - 2023 CS for SB 620 By the Committee on Ethics and Elections; and Senators DiCeglie and Yarborough 582-02585-23 2023620c1 1 A bill to be entitled 2 An act relating to ethics requirements for officers 3 and employees of special tax districts; amending s. 4 112.313, F.S.; specifying that certain conduct by 5 certain public officers and employees is deemed a 6 conflict of interest; amending s. 112.3142, F.S.; 7 requiring certain ethics training for elected local 8 officers of independent special districts beginning on 9 a specified date; specifying requirements for such 10 training; providing 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: 16 112.313Standards of conduct for public officers, employees 17 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 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 kind 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 pursuant 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 subsection (6) or subsection (8), is shall be deemed a 45 conflict of interest in violation of the standards of conduct 46 set forth 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 exercises over the business entity or agency is strictly 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.Section 112.3142, Florida Statutes, is amended 61 to read: 62 112.3142Ethics training for specified constitutional 63 officers, elected municipal officers, and commissioners of 64 community redevelopment agencies, and elected local officers of 65 independent special districts. 66 (1)As used in this section, the term constitutional 67 officers includes the Governor, the Lieutenant Governor, the 68 Attorney General, the Chief Financial Officer, the Commissioner 69 of Agriculture, state attorneys, public defenders, sheriffs, tax 70 collectors, property appraisers, supervisors of elections, 71 clerks of the circuit court, county commissioners, district 72 school board members, and superintendents of schools. 73 (2)(a)All constitutional officers must complete 4 hours of 74 ethics training each calendar year which addresses, at a 75 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 subjects are covered. 81 (b)All elected municipal officers must complete 4 hours of 82 ethics training each calendar year which addresses, at a 83 minimum, s. 8, Art. II of the State Constitution, the Code of 84 Ethics for Public Officers and Employees, and the public records 85 and public meetings laws of this state. This requirement may be 86 satisfied by completion of a continuing legal education class or 87 other continuing professional education class, seminar, or 88 presentation if the required subjects are covered. 89 (c)Beginning January 1, 2020, each commissioner of a 90 community redevelopment agency created under part III of chapter 91 163 must complete 4 hours of ethics training each calendar year 92 which addresses, at a minimum, s. 8, Art. II of the State 93 Constitution, the Code of Ethics for Public Officers and 94 Employees, and the public records and public meetings laws of 95 this state. This requirement may be satisfied by completion of a 96 continuing legal education class or other continuing 97 professional education class, seminar, or presentation, if the 98 required subject material is covered by the class. 99 (d)Beginning January 1, 2024, each elected local officer 100 of an independent special district as defined in s. 189.012 and 101 each person who is appointed to fill a vacancy for an unexpired 102 term of such elective office must complete 4 hours of ethics 103 training each calendar year which addresses, at a minimum, s. 8, 104 Art. II of the State Constitution, the Code of Ethics for Public 105 Officers and Employees, and the public records and public 106 meeting laws of this state. This requirement may be satisfied by 107 completion of a continuing legal education class or another 108 continuing professional education class, seminar, or 109 presentation, if the required subject matter is covered by such 110 class, seminar, or presentation. 111 (e)The commission shall adopt rules establishing minimum 112 course content for the portion of an ethics training class which 113 addresses s. 8, Art. II of the State Constitution and the Code 114 of Ethics for Public Officers and Employees. 115 (f)(e)The Legislature intends that a constitutional 116 officer, an or elected municipal officer, or an elected local 117 officer of an independent special district who is required to 118 complete ethics training pursuant to this section receive the 119 required training as close as possible to the date that he or 120 she assumes office. A constitutional officer, an or elected 121 municipal officer, or an elected local officer of an independent 122 special district assuming a new office or new term of office on 123 or before March 31 must complete the annual training on or 124 before December 31 of the year in which the term of office 125 began. A constitutional officer, an or elected municipal 126 officer, or an elected local officer of an independent special 127 district assuming a new office or new term of office after March 128 31 is not required to complete ethics training for the calendar 129 year in which the term of office began. 130 (3)Each house of the Legislature shall provide for ethics 131 training pursuant to its rules. 132 Section 3.This act shall take effect on July 1, 2023.