Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 620
       
       
       
       
       
       
                                Ì127342ÆÎ127342                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/15/2023           .                                
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       The Committee on Ethics and Elections (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (7) of section 112.313, Florida
    6  Statutes, is amended to read:
    7         112.313 Standards of conduct for public officers, employees
    8  of agencies, and local government attorneys.—
    9         (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—
   10         (a) No public officer or employee of an agency shall have
   11  or hold any employment or contractual relationship with any
   12  business entity or any agency which is subject to the regulation
   13  of, or is doing business with, an agency of which he or she is
   14  an officer or employee, excluding those organizations and their
   15  officers who, when acting in their official capacity, enter into
   16  or negotiate a collective bargaining contract with the state or
   17  any municipality, county, or other political subdivision of the
   18  state; nor shall an officer or employee of an agency have or
   19  hold any employment or contractual relationship that will create
   20  a continuing or frequently recurring conflict between his or her
   21  private interests and the performance of his or her public
   22  duties or that would impede the full and faithful discharge of
   23  his or her public duties.
   24         1. When the agency referred to is that certain kind of
   25  special tax district created by general or special law and is
   26  limited specifically to constructing, maintaining, managing, and
   27  financing improvements in the land area over which the agency
   28  has jurisdiction, or when the agency has been organized pursuant
   29  to chapter 298, then employment with, or entering into a
   30  contractual relationship with, such business entity by a public
   31  officer or employee of such agency is shall not be prohibited by
   32  this subsection or be deemed a conflict per se. However, conduct
   33  by such officer or employee that is prohibited by, or otherwise
   34  frustrates the intent of, this section, including conduct that
   35  violates subsections (6) or (8), is shall be deemed a conflict
   36  of interest in violation of the standards of conduct set forth
   37  by this section.
   38         2. When the agency referred to is a legislative body and
   39  the regulatory power over the business entity resides in another
   40  agency, or when the regulatory power which the legislative body
   41  exercises over the business entity or agency is strictly through
   42  the enactment of laws or ordinances, then employment or a
   43  contractual relationship with such business entity by a public
   44  officer or employee of a legislative body shall not be
   45  prohibited by this subsection or be deemed a conflict.
   46         (b) This subsection shall not prohibit a public officer or
   47  employee from practicing in a particular profession or
   48  occupation when such practice by persons holding such public
   49  office or employment is required or permitted by law or
   50  ordinance.
   51         Section 2. Section 112.3142, Florida Statutes, is amended
   52  to read:
   53         112.3142 Ethics training for specified constitutional
   54  officers, elected municipal officers, and commissioners of
   55  community redevelopment agencies, and elected local officers of
   56  independent special districts.—
   57         (1) As used in this section, the term “constitutional
   58  officers” includes the Governor, the Lieutenant Governor, the
   59  Attorney General, the Chief Financial Officer, the Commissioner
   60  of Agriculture, state attorneys, public defenders, sheriffs, tax
   61  collectors, property appraisers, supervisors of elections,
   62  clerks of the circuit court, county commissioners, district
   63  school board members, and superintendents of schools.
   64         (2)(a) All constitutional officers must complete 4 hours of
   65  ethics training each calendar year which addresses, at a
   66  minimum, s. 8, Art. II of the State Constitution, the Code of
   67  Ethics for Public Officers and Employees, and the public records
   68  and public meetings laws of this state. This requirement may be
   69  satisfied by completion of a continuing legal education class or
   70  other continuing professional education class, seminar, or
   71  presentation if the required subjects are covered.
   72         (b) All elected municipal officers must complete 4 hours of
   73  ethics training each calendar year which addresses, at a
   74  minimum, s. 8, Art. II of the State Constitution, the Code of
   75  Ethics for Public Officers and Employees, and the public records
   76  and public meetings laws of this state. This requirement may be
   77  satisfied by completion of a continuing legal education class or
   78  other continuing professional education class, seminar, or
   79  presentation if the required subjects are covered.
   80         (c) Beginning January 1, 2020, each commissioner of a
   81  community redevelopment agency created under part III of chapter
   82  163 must complete 4 hours of ethics training each calendar year
   83  which addresses, at a minimum, s. 8, Art. II of the State
   84  Constitution, the Code of Ethics for Public Officers and
   85  Employees, and the public records and public meetings laws of
   86  this state. This requirement may be satisfied by completion of a
   87  continuing legal education class or other continuing
   88  professional education class, seminar, or presentation, if the
   89  required subject material is covered by the class.
   90         (d) Beginning January 1, 2024, each elected local officer
   91  of an independent special district as defined in s. 189.012 and
   92  each person who is appointed to fill a vacancy for an unexpired
   93  term of such elective office must complete 4 hours of ethics
   94  training each calendar year which addresses, at a minimum, s. 8,
   95  Art. II of the State Constitution, the Code of Ethics for Public
   96  Officers and Employees, and the public records and public
   97  meeting laws of this state. This requirement may be satisfied by
   98  completion of a continuing legal education class or another
   99  continuing professional education class, seminar, or
  100  presentation, if the required subject matter is covered by such
  101  class, seminar, or presentation.
  102         (e) The commission shall adopt rules establishing minimum
  103  course content for the portion of an ethics training class which
  104  addresses s. 8, Art. II of the State Constitution and the Code
  105  of Ethics for Public Officers and Employees.
  106         (f)(e) The Legislature intends that a constitutional
  107  officer, an or elected municipal officer, or an elected local
  108  officer of an independent special district who is required to
  109  complete ethics training pursuant to this section receive the
  110  required training as close as possible to the date that he or
  111  she assumes office. A constitutional officer, an or elected
  112  municipal officer, or an elected local officer of an independent
  113  special district assuming a new office or new term of office on
  114  or before March 31 must complete the annual training on or
  115  before December 31 of the year in which the term of office
  116  began. A constitutional officer, an or elected municipal
  117  officer, or an elected local officer of an independent special
  118  district assuming a new office or new term of office after March
  119  31 is not required to complete ethics training for the calendar
  120  year in which the term of office began.
  121         (3) Each house of the Legislature shall provide for ethics
  122  training pursuant to its rules.
  123         Section 3. This act shall take effect on July 1, 2023.
  124  
  125  ================= T I T L E  A M E N D M E N T ================
  126  And the title is amended as follows:
  127         Delete everything before the enacting clause
  128  and insert:
  129                        A bill to be entitled                      
  130         An act relating to ethics requirements for officers
  131         and employees of special tax districts; amending s.
  132         112.313, F.S.; specifying that certain conduct by
  133         certain public officers and employees is deemed a
  134         conflict of interest; amending s. 112.3142, F.S.;
  135         requiring certain ethics training for elected local
  136         officers of independent special districts beginning on
  137         a specified date; specifying requirements for such
  138         training; providing an effective date.