Florida Senate - 2023 CS for CS for SB 620 By the Committees on Governmental Oversight and Accountability; and Ethics and Elections; and Senators DiCeglie and Yarborough 585-03548-23 2023620c2 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; making technical changes; 7 amending s. 112.3142, F.S.; requiring certain ethics 8 training for elected local officers of independent 9 special districts, beginning on a specified date; 10 specifying requirements for such training; providing 11 an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1.Subsection (7) of section 112.313, Florida 16 Statutes, is amended to read: 17 112.313Standards of conduct for public officers, employees 18 of agencies, and local government attorneys. 19 (7)CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP. 20 (a)No public officer or employee of an agency shall have 21 or hold any employment or contractual relationship with any 22 business entity or any agency which is subject to the regulation 23 of, or is doing business with, an agency of which he or she is 24 an officer or employee, excluding those organizations and their 25 officers who, when acting in their official capacity, enter into 26 or negotiate a collective bargaining contract with the state or 27 any municipality, county, or other political subdivision of the 28 state; nor shall an officer or employee of an agency have or 29 hold any employment or contractual relationship that will create 30 a continuing or frequently recurring conflict between his or her 31 private interests and the performance of his or her public 32 duties or that would impede the full and faithful discharge of 33 his or her public duties. 34 1.When the agency referred to is that certain kind of 35 special tax district created by general or special law and is 36 limited specifically to constructing, maintaining, managing, and 37 financing improvements in the land area over which the agency 38 has jurisdiction, or when the agency has been organized pursuant 39 to chapter 298, then employment with, or entering into a 40 contractual relationship with, such business entity by a public 41 officer or employee of such agency is shall not be prohibited by 42 this subsection or be deemed a conflict per se. However, conduct 43 by such officer or employee that is prohibited by, or otherwise 44 frustrates the intent of, this section, including conduct that 45 violates subsections (6) and (8), is shall be deemed a conflict 46 of interest in violation of the standards of conduct set forth 47 by this section. 48 2.When the agency referred to is a legislative body and 49 the regulatory power over the business entity resides in another 50 agency, or when the regulatory power which the legislative body 51 exercises over the business entity or agency is strictly through 52 the enactment of laws or ordinances, then employment or a 53 contractual relationship with such business entity by a public 54 officer or employee of a legislative body shall not be 55 prohibited by this subsection or be deemed a conflict. 56 (b)This subsection shall not prohibit a public officer or 57 employee from practicing in a particular profession or 58 occupation when such practice by persons holding such public 59 office or employment is required or permitted by law or 60 ordinance. 61 Section 2.Paragraphs (d) and (e) of subsection (2) of 62 section 112.3142, Florida Statutes, are redesignated as 63 paragraphs (e) and (f), respectively, present paragraph (e) of 64 that subsection is amended, and a new paragraph (d) is added to 65 that subsection, to read: 66 112.3142Ethics training for specified constitutional 67 officers, elected municipal officers, and commissioners of 68 community redevelopment agencies, and elected local officers of 69 independent special districts. 70 (2) 71 (d)Beginning January 1, 2024, each elected local officer 72 of an independent special district, as defined in s. 189.012, 73 and each person who is appointed to fill a vacancy for an 74 unexpired term of such elective office must complete 4 hours of 75 ethics training each calendar year which addresses, at a 76 minimum, s. 8, Art. II of the State Constitution, the Code of 77 Ethics for Public Officers and Employees, and the public records 78 and public meetings laws of this state. This requirement may be 79 satisfied by completion of a continuing legal education class or 80 other continuing professional education class, seminar, or 81 presentation, if the required subject matter is covered by such 82 class, seminar, or presentation. 83 (f)(e)The Legislature intends that a constitutional 84 officer, or elected municipal officer, or elected local officer 85 of an independent special district who is required to complete 86 ethics training pursuant to this section receive the required 87 training as close as possible to the date that he or she assumes 88 office. A constitutional officer, or elected municipal officer, 89 or elected local officer of an independent special district 90 assuming a new office or new term of office on or before March 91 31 must complete the annual training on or before December 31 of 92 the year in which the term of office began. A constitutional 93 officer, or elected municipal officer, or elected local officer 94 of an independent special district assuming a new office or new 95 term of office after March 31 is not required to complete ethics 96 training for the calendar year in which the term of office 97 began. 98 Section 3.This act shall take effect July 1, 2023.