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