CS for SB 572 Second Engrossed (ntc)
2026572e2
1 A bill to be entitled
2 An act relating to ethics for public officers and
3 employees; amending s. 112.312, F.S.; revising the
4 definition of the term “relative” to include foster
5 parents and foster children; amending s. 112.3135,
6 F.S.; providing that specified provisions do not
7 prohibit a board, council, commission, or collegial
8 body from appointing, employing, promoting, or
9 advancing elected public officials who are related to
10 a leadership position on the same board, council,
11 commission, or collegial body; reenacting ss.
12 106.07(4)(a), 106.0702(4)(a), 348.0305, and 1001.421,
13 F.S., relating to a campaign treasurer’s reports of
14 campaign contributions; reports of campaign
15 contributions to candidates for a position on a
16 political party executive committee; ethical
17 requirements for officers, employees, and consultants
18 for the Greater Miami Expressway Agency; and gifts to
19 district school board members, respectively, to
20 incorporate the amendment made to s. 112.312, F.S., in
21 references thereto; reenacting ss. 28.35(1)(b),
22 288.012(6)(d), 288.8014(4), 288.9604(3)(a),
23 295.21(4)(d), 627.311(5)(m), 1002.33(24), 1002.83(9),
24 and 1012.23(2), F.S., relating to the executive
25 council of the Florida Clerks of Court Operations
26 Corporation; the senior managers and members of the
27 board of directors of the direct-support organization
28 of the State of Florida international offices; members
29 of the board of directors of Triumph Gulf Coast, Inc.;
30 the directors of the Florida Development Finance
31 Corporation; the board of directors of Florida Is For
32 Veterans, Inc.; senior managers and officers of joint
33 underwriters and joint insurers; charter school
34 personnel in schools operated by municipalities or
35 other public entities; members of early learning
36 coalitions; and prohibiting district school
37 superintendents and district school board members from
38 appointing or employing a relative, respectively, to
39 incorporate the amendment made to s. 112.3135, F.S.,
40 in references thereto; providing an effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Subsection (21) of section 112.312, Florida
45 Statutes, is amended to read:
46 112.312 Definitions.—As used in this part and for purposes
47 of the provisions of s. 8, Art. II of the State Constitution,
48 unless the context otherwise requires:
49 (21) “Relative,” unless otherwise specified in this part,
50 means an individual who is related to a public officer or
51 employee as father, mother, son, daughter, brother, sister,
52 uncle, aunt, first cousin, nephew, niece, husband, wife, father
53 in-law, mother-in-law, son-in-law, daughter-in-law, brother-in
54 law, sister-in-law, stepfather, stepmother, stepson,
55 stepdaughter, stepbrother, stepsister, half brother, half
56 sister, grandparent, great grandparent, grandchild, great
57 grandchild, step grandparent, step great grandparent, step
58 grandchild, or step great grandchild; an individual who, while
59 the public officer or employee was a minor, was his or her
60 legally recognized foster parent in the jurisdiction where the
61 relationship occurred or an individual who is a current or
62 former legally recognized foster child of the public officer or
63 employee in the jurisdiction where the relationship occurs or
64 occurred; a, person who is engaged to be married to the public
65 officer or employee or who otherwise holds himself or herself
66 out as or is generally known as the person whom the public
67 officer or employee intends to marry or with whom the public
68 officer or employee intends to form a household;, or any other
69 natural person having the same legal residence as the public
70 officer or employee.
71 Section 2. Paragraph (c) is added to subsection (2) of
72 section 112.3135, Florida Statutes, to read:
73 112.3135 Restriction on employment of relatives.—
74 (2)
75 (c) This subsection does not prohibit the board, council,
76 commission, or collegial body on which an elected public
77 official serves from appointing, employing, promoting, or
78 advancing a relative who is an elected public official serving
79 on the same board, council, commission, or collegial body to a
80 leadership position thereof.
81 Section 3. For the purpose of incorporating the amendment
82 made by this act to section 112.312, Florida Statutes, in a
83 reference thereto, paragraph (a) of subsection (4) of section
84 106.07, Florida Statutes, is reenacted to read:
85 106.07 Reports; certification and filing.—
86 (4)(a) Except for daily reports, to which only the
87 contributions provisions below apply, and except as provided in
88 paragraph (b), each report required by this section must
89 contain:
90 1. The full name, address, and occupation, if any, of each
91 person who has made one or more contributions to or for such
92 committee or candidate within the reporting period, together
93 with the amount and date of such contributions. For
94 corporations, the report must provide as clear a description as
95 practicable of the principal type of business conducted by the
96 corporation. However, if the contribution is $100 or less or is
97 from a relative, as defined in s. 112.312, provided that the
98 relationship is reported, the occupation of the contributor or
99 the principal type of business need not be listed.
100 2. The name and address of each political committee from
101 which the reporting committee or the candidate received, or to
102 which the reporting committee or candidate made, any transfer of
103 funds, together with the amounts and dates of all transfers.
104 3. Each loan for campaign purposes to or from any person or
105 political committee within the reporting period, together with
106 the full names, addresses, and occupations, and principal places
107 of business, if any, of the lender and endorsers, if any, and
108 the date and amount of such loans.
109 4. A statement of each contribution, rebate, refund, or
110 other receipt not otherwise listed under subparagraphs 1.
111 through 3.
112 5. The total sums of all loans, in-kind contributions, and
113 other receipts by or for such committee or candidate during the
114 reporting period. The reporting forms shall be designed to
115 elicit separate totals for in-kind contributions, loans, and
116 other receipts.
117 6. The full name and address of each person to whom
118 expenditures have been made by or on behalf of the committee or
119 candidate within the reporting period; the amount, date, and
120 purpose of each such expenditure; and the name and address of,
121 and office sought by, each candidate on whose behalf such
122 expenditure was made. However, expenditures made from the petty
123 cash fund provided by s. 106.12 need not be reported
124 individually.
125 7. The full name and address of each person to whom an
126 expenditure for personal services, salary, or reimbursement for
127 authorized expenses as provided in s. 106.021(3) has been made
128 and which is not otherwise reported, including the amount, date,
129 and purpose of such expenditure. However, expenditures made from
130 the petty cash fund provided for in s. 106.12 need not be
131 reported individually. Receipts for reimbursement for authorized
132 expenditures shall be retained by the treasurer along with the
133 records for the campaign account.
134 8. The total amount withdrawn and the total amount spent
135 for petty cash purposes pursuant to this chapter during the
136 reporting period.
137 9. The total sum of expenditures made by such committee or
138 candidate during the reporting period.
139 10. The amount and nature of debts and obligations owed by
140 or to the committee or candidate, which relate to the conduct of
141 any political campaign.
142 11. Transaction information for each credit card purchase.
143 Receipts for each credit card purchase shall be retained by the
144 treasurer with the records for the campaign account.
145 12. The amount and nature of any separate interest-bearing
146 accounts or certificates of deposit and identification of the
147 financial institution in which such accounts or certificates of
148 deposit are located.
149 13. The primary purposes of an expenditure made indirectly
150 through a campaign treasurer pursuant to s. 106.021(3) for goods
151 and services such as communications media placement or
152 procurement services, campaign signs, insurance, and other
153 expenditures that include multiple components as part of the
154 expenditure. The primary purpose of an expenditure shall be that
155 purpose, including integral and directly related components,
156 that comprises 80 percent of such expenditure.
157 Section 4. For the purpose of incorporating the amendment
158 made by this act to section 112.312, Florida Statutes, in a
159 reference thereto, paragraph (a) of subsection (4) of section
160 106.0702, Florida Statutes, is reenacted to read:
161 106.0702 Reporting; political party executive committee
162 candidates.—
163 (4)(a) Each report required by this section must contain:
164 1. The full name, address, and occupation of each person
165 who has made one or more contributions to or for the reporting
166 individual within the reporting period, together with the amount
167 and date of such contributions. For corporations, the report
168 must provide as clear a description as practicable of the
169 principal type of business conducted by the corporations.
170 However, if the contribution is $100 or less or is from a
171 relative, as defined in s. 112.312, provided that the
172 relationship is reported, the occupation of the contributor or
173 the principal type of business need not be listed.
174 2. The name and address of each political committee from
175 which the reporting individual has received, or to which the
176 reporting individual has made, any transfer of funds within the
177 reporting period, together with the amounts and dates of all
178 transfers.
179 3. Each loan for campaign purposes from any person or
180 political committee within the reporting period, together with
181 the full name, address, and occupation, and principal place of
182 business, if any, of the lender and endorser, if any, and the
183 date and amount of such loans.
184 4. A statement of each contribution, rebate, refund, or
185 other receipt not otherwise listed under subparagraphs 1.-3.
186 5. The total sums of all loans, in-kind contributions, and
187 other receipts by or for such reporting individual during the
188 reporting period. The reporting forms shall be designed to
189 elicit separate totals for in-kind contributions, loans, and
190 other receipts.
191 6. The full name and address of each person to whom
192 expenditures have been made by or on behalf of the reporting
193 individual within the reporting period; the amount, date, and
194 purpose of each such expenditure; and the name and address of,
195 and office sought by, each reporting individual on whose behalf
196 such expenditure was made.
197 7. The amount and nature of debts and obligations owed by
198 or to the reporting individual which relate to the conduct of
199 any political campaign.
200 8. Transaction information for each credit card purchase.
201 Receipts for each credit card purchase shall be retained by the
202 reporting individual.
203 9. The amount and nature of any separate interest-bearing
204 accounts or certificates of deposit and identification of the
205 financial institution in which such accounts or certificates of
206 deposit are located.
207 Section 5. For the purpose of incorporating the amendment
208 made by this act to section 112.312, Florida Statutes, in a
209 reference thereto, section 348.0305, Florida Statutes, is
210 reenacted to read:
211 348.0305 Ethics requirements.—
212 (1) Notwithstanding any other provision of law to the
213 contrary, members and employees of the agency are subject to
214 part III of chapter 112. As used in this section, the term:
215 (a) “Agency” means the Greater Miami Expressway Agency.
216 (b) “Lobby” means to seek to influence the agency, on
217 behalf of another person, with respect to a decision of the
218 agency in an area of policy or procurement or to attempt to
219 obtain the goodwill of an officer, employee, or consultant of
220 the agency. The term does not include representing a client in
221 any stage of applying for or seeking approval of any
222 administrative action, or opposition to such action, provided
223 such action does not require legislative discretion and is
224 subject to judicial review by petitioning for writ of
225 certiorari.
226 (c) “Lobbyist” means a person who is employed and receives
227 payment, or who contracts for economic consideration, to lobby
228 or a person who is principally employed for governmental affairs
229 by another person or entity to lobby on behalf of such person or
230 entity. The term does not include a person who:
231 1. Represents a client in a judicial proceeding or in a
232 formal administrative proceeding before the agency.
233 2. Is an officer or employee of any governmental entity
234 acting in the normal course of his or her duties.
235 3. Consults under contract with the agency and communicates
236 with the agency regarding issues related to the scope of
237 services in his or her contract.
238 4. Is an expert witness who is retained or employed by an
239 employer, principal, or client to provide only scientific,
240 technical, or other specialized information provided in agenda
241 materials or testimony only in public hearings, provided the
242 expert identifies such employer, principal, or client at such
243 hearing.
244 5. Seeks to procure a contract that is less than $20,000 or
245 a contract pursuant to s. 287.056.
246 (d) “Officer” means a member of the governing body of the
247 agency.
248 (e) “Principal” has the same meaning as in s. 112.3215.
249 (f) “Relative” has the same meaning as in s. 112.312.
250 (2)(a) A lobbyist may not be appointed or serve as a member
251 of the governing body of the agency.
252 (b) A person may not be appointed or serve as an officer if
253 that person currently represents or has in the previous 4 years
254 lobbied the agency or the former Miami-Dade County Expressway
255 Authority.
256 (c) A person may not be appointed or serve as an officer if
257 that person has in the previous 4 years done business, or been
258 an employee of a person or entity that has done business, with
259 the agency or the former Miami-Dade County Expressway Authority.
260 (d) A person may not be appointed or serve as an officer if
261 that person has in the previous 2 years been an employee of the
262 agency.
263 (3) An officer, employee, or consultant of the agency or of
264 the former Miami-Dade County Expressway Authority may not, for a
265 period of 4 years after vacation of his or her position with the
266 agency:
267 (a) Lobby the agency.
268 (b) Have an employment or contractual relationship with a
269 business entity in connection with a contract in which the
270 officer, employee, or consultant personally and substantially
271 participated through decision, approval, disapproval,
272 recommendation, rendering of advice, or investigation while he
273 or she was an officer, employee, or consultant of the agency.
274 When an agency employee’s position is eliminated and his or her
275 former duties are performed by the business entity, this
276 paragraph does not prohibit him or her from employment or a
277 contractual relationship with the business entity if the
278 employee’s participation in the contract was limited to
279 recommendation, rendering of advice, or investigation and if the
280 executive director of the agency determines that the best
281 interests of the agency will be served thereby and provides
282 prior written approval for the particular employee.
283 (c) Have or hold any employment or contractual relationship
284 with a business entity in connection with any contract for
285 contractual services which was within his or her responsibility
286 while an officer, employee, or consultant. If an agency
287 employee’s position is eliminated and his or her former duties
288 are performed by the business entity, this paragraph may be
289 waived by the executive director of the agency through prior
290 written approval for the particular employee if the executive
291 director determines that the best interests of the agency will
292 be served thereby.
293 (4) Each officer, employee, and consultant of the agency
294 must promptly disclose:
295 (a) Every relationship that may create a conflict between
296 his or her private interests and the performance of his or her
297 duties to the agency or that would impede the full and faithful
298 discharge of his or her duties to the agency.
299 (b) Any relative and any employment or contractual
300 relationship of such relative which, if held by the officer,
301 employee, or consultant, would violate any provision of s.
302 112.313.
303 (c) Any relative who is a lobbyist and such lobbyist’s
304 principal.
305 (d) Any direct or indirect interest in real property and
306 such interest of any relative if such property is located within
307 one-half mile of any actual or prospective agency project. The
308 executive director of the agency shall provide a corridor map
309 and a property ownership list reflecting the ownership of all
310 real property within the disclosure area, or an alignment map
311 with a list of associated owners, to all officers, employees,
312 and consultants.
313 (5) The disclosures required under subsection (4) must be
314 filed with the agency general counsel in the manner specified by
315 the general counsel. When the disclosure is filed by the general
316 counsel, a copy must be provided to the executive director of
317 the agency.
318 (6) A violation of this section shall be considered a
319 violation of the violator’s official, employment, or contractual
320 duties to the agency.
321 (7) Officers, employees, and consultants of the agency
322 shall be adequately informed and trained on the provisions of
323 this section and the state code of ethics and shall receive
324 ongoing ethics training.
325 (8) The state code of ethics shall apply to officers,
326 employees, and consultants of the agency, and this section shall
327 be enforced by the Commission on Ethics as part of the state
328 code of ethics.
329 (9) For purposes of this section, “consultant” does not
330 include firms or individuals retained by the agency to provide
331 architectural, engineering, landscape architecture, or
332 registered surveying and mapping services as described in s.
333 287.055.
334 Section 6. For the purpose of incorporating the amendment
335 made by this act to section 112.312, Florida Statutes, in a
336 reference thereto, section 1001.421, Florida Statutes, is
337 reenacted to read:
338 1001.421 Gifts.—Notwithstanding any other provision of law
339 to the contrary, district school board members and their
340 relatives, as defined in s. 112.312(21), may not directly or
341 indirectly solicit any gift, or directly or indirectly accept
342 any gift in excess of $50, from any person, vendor, potential
343 vendor, or other entity doing business with the school district.
344 The term “gift” has the same meaning as in s. 112.312(12).
345 Section 7. For the purpose of incorporating the amendment
346 made by this act to section 112.3135, Florida Statutes, in a
347 reference thereto, paragraph (b) of subsection (1) of section
348 28.35, Florida Statutes, is reenacted to read:
349 28.35 Florida Clerks of Court Operations Corporation.—
350 (1)
351 (b)1. The executive council shall be composed of eight
352 clerks of the court elected by the clerks of the courts for a
353 term of 2 years, with two clerks from counties with a population
354 of fewer than 100,000, two clerks from counties with a
355 population of at least 100,000 but fewer than 500,000, two
356 clerks from counties with a population of at least 500,000 but
357 fewer than 1 million, and two clerks from counties with a
358 population of 1 million or more. The executive council shall
359 also include, as ex officio members, a designee of the President
360 of the Senate and a designee of the Speaker of the House of
361 Representatives. The Chief Justice of the Supreme Court shall
362 designate one additional member to represent the state courts
363 system.
364 2. Members of the executive council of the corporation are
365 subject to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135;
366 and 112.3143(2). For purposes of applying ss. 112.313(1)-(8),
367 (10), (12), and (15); 112.3135; and 112.3143(2) to activities of
368 executive council members, members shall be considered public
369 officers and the corporation shall be considered the members’
370 agency.
371 Section 8. For the purpose of incorporating the amendment
372 made by this act to section 112.3135, Florida Statutes, in a
373 reference thereto, paragraph (d) of subsection (6) of section
374 288.012, Florida Statutes, is reenacted to read:
375 288.012 State of Florida international offices; direct
376 support organization.—The Legislature finds that the expansion
377 of international trade and tourism is vital to the overall
378 health and growth of the economy of this state. This expansion
379 is hampered by the lack of technical and business assistance,
380 financial assistance, and information services for businesses in
381 this state. The Legislature finds that these businesses could be
382 assisted by providing these services at State of Florida
383 international offices. The Legislature further finds that the
384 accessibility and provision of services at these offices can be
385 enhanced through cooperative agreements or strategic alliances
386 between private businesses and state, local, and international
387 governmental entities.
388 (6)
389 (d) The senior managers and members of the board of
390 directors of the organization are subject to ss. 112.313(1)-(8),
391 (10), (12), and (15); 112.3135; and 112.3143(2). For purposes of
392 applying ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
393 112.3143(2) to activities of the president and staff, those
394 persons shall be considered public officers or employees and the
395 corporation shall be considered their agency. The exemption set
396 forth in s. 112.313(12) for advisory boards applies to the
397 members of board of directors. Further, each member of the board
398 of directors who is not otherwise required to file financial
399 disclosures pursuant to s. 8, Art. II of the State Constitution
400 or s. 112.3144, shall file disclosure of financial interests
401 pursuant to s. 112.3145.
402 Section 9. For the purpose of incorporating the amendment
403 made by this act to section 112.3135, Florida Statutes, in a
404 reference thereto, subsection (4) of section 288.8014, Florida
405 Statutes, is reenacted to read:
406 288.8014 Triumph Gulf Coast, Inc.; organization; board of
407 directors.—
408 (4) The Legislature determines that it is in the public
409 interest for the members of the board of directors to be subject
410 to the requirements of ss. 112.313, 112.3135, and 112.3143,
411 notwithstanding the fact that the board members are not public
412 officers or employees. For purposes of those sections, the board
413 members shall be considered to be public officers or employees.
414 In addition to the postemployment restrictions of s. 112.313(9),
415 a person appointed to the board of directors must agree to
416 refrain from having any direct interest in any contract,
417 franchise, privilege, project, program, or other benefit arising
418 from an award by Triumph Gulf Coast, Inc., during the term of
419 his or her appointment and for 6 years after the termination of
420 such appointment. It is a misdemeanor of the first degree,
421 punishable as provided in s. 775.082 or s. 775.083, for a person
422 to accept appointment to the board of directors in violation of
423 this subsection or to accept a direct interest in any contract,
424 franchise, privilege, project, program, or other benefit granted
425 by Triumph Gulf Coast, Inc., to an awardee within 6 years after
426 the termination of his or her service on the board. Further,
427 each member of the board of directors who is not otherwise
428 required to file financial disclosure under s. 8, Art. II of the
429 State Constitution or s. 112.3144 shall file disclosure of
430 financial interests under s. 112.3145.
431 Section 10. For the purpose of incorporating the amendment
432 made by this act to section 112.3135, Florida Statutes, in a
433 reference thereto, paragraph (a) of subsection (3) of section
434 288.9604, Florida Statutes, is reenacted to read:
435 288.9604 Creation of the corporation.—
436 (3)(a)1. A director may not receive compensation for his or
437 her services, but is entitled to necessary expenses, including
438 travel expenses, incurred in the discharge of his or her duties.
439 Each appointed director shall hold office until his or her
440 successor has been appointed.
441 2. Directors are subject to ss. 112.313(1)-(8), (10), (12),
442 and (15); 112.3135; and 112.3143(2). For purposes of applying
443 ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
444 112.3143(2) to activities of directors, directors are considered
445 public officers and the corporation is considered their agency.
446 Section 11. For the purpose of incorporating the amendment
447 made by this act to section 112.3135, Florida Statutes, in a
448 reference thereto, paragraph (d) of subsection (4) of section
449 295.21, Florida Statutes, is reenacted to read:
450 295.21 Florida Is For Veterans, Inc.—
451 (4) GOVERNANCE.—
452 (d) The Legislature finds that it is in the public interest
453 for the members of the board of directors to be subject to the
454 requirements of ss. 112.313, 112.3135, and 112.3143.
455 Notwithstanding the fact that they are not public officers or
456 employees, for purposes of ss. 112.313, 112.3135, and 112.3143,
457 the board members shall be considered to be public officers or
458 employees. In addition to the postemployment restrictions of s.
459 112.313(9), a person appointed to the board of directors may not
460 have direct interest in a contract, franchise, privilege,
461 project, program, or other benefit arising from an award by the
462 corporation during the appointment term and for 2 years after
463 the termination of such appointment. A person who accepts
464 appointment to the board of directors in violation of this
465 subsection, or accepts a direct interest in a contract,
466 franchise, privilege, project, program, or other benefit granted
467 by the corporation to an awardee within 2 years after the
468 termination of his or her service on the board, commits a
469 misdemeanor of the first degree, punishable as provided in s.
470 775.082 or s. 775.083. Further, each member of the board of
471 directors who is not otherwise required to file financial
472 disclosure under s. 8, Art. II of the State Constitution or s.
473 112.3144 shall file a statement of financial interests under s.
474 112.3145.
475 Section 12. For the purpose of incorporating the amendment
476 made by this act to section 112.3135, Florida Statutes, in a
477 reference thereto, paragraph (m) of subsection (5) of section
478 627.311, Florida Statutes, is reenacted to read:
479 627.311 Joint underwriters and joint reinsurers; public
480 records and public meetings exemptions.—
481 (5)
482 (m) Senior managers and officers, as defined in the plan of
483 operation, and members of the board of governors are subject to
484 the provisions of ss. 112.313, 112.3135, 112.3143, 112.3145,
485 112.316, and 112.317. Senior managers, officers, and board
486 members are also required to file such disclosures with the
487 Commission on Ethics and the Office of Insurance Regulation. The
488 executive director of the plan or his or her designee shall
489 notify each newly appointed and existing appointed member of the
490 board of governors, senior manager, and officer of his or her
491 duty to comply with the reporting requirements of s. 112.3145.
492 At least quarterly, the executive director of the plan or his or
493 her designee shall submit to the Commission on Ethics a list of
494 names of the senior managers, officers, and members of the board
495 of governors who are subject to the public disclosure
496 requirements under s. 112.3145. Notwithstanding s. 112.313, an
497 employee, officer, owner, or director of an insurance agency,
498 insurance company, or other insurance entity may be a member of
499 the board of governors unless such employee, officer, owner, or
500 director of an insurance agency, insurance company, other
501 insurance entity, or an affiliate provides policy issuance,
502 policy administration, underwriting, claims handling, or payroll
503 audit services. Notwithstanding s. 112.3143, such board member
504 may not participate in or vote on a matter if the insurance
505 agency, insurance company, or other insurance entity would
506 obtain a special or unique benefit that would not apply to other
507 similarly situated insurance entities.
508 Section 13. For the purpose of incorporating the amendment
509 made by this act to section 112.3135, Florida Statutes, in a
510 reference thereto, subsection (24) of section 1002.33, Florida
511 Statutes, is reenacted to read:
512 1002.33 Charter schools.—
513 (24) RESTRICTION ON EMPLOYMENT OF RELATIVES.—
514 (a) This subsection applies to charter school personnel in
515 a charter school operated by a private entity. As used in this
516 subsection, the term:
517 1. “Charter school personnel” means a president,
518 chairperson of the governing board of directors, superintendent,
519 governing board member, principal, assistant principal, or any
520 other person employed by the charter school who has equivalent
521 decisionmaking authority and in whom is vested the authority, or
522 to whom the authority has been delegated, to appoint, employ,
523 promote, or advance individuals or to recommend individuals for
524 appointment, employment, promotion, or advancement in connection
525 with employment in a charter school, including the authority as
526 a member of a governing body of a charter school to vote on the
527 appointment, employment, promotion, or advancement of
528 individuals.
529 2. “Relative” means father, mother, son, daughter, brother,
530 sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
531 father-in-law, mother-in-law, son-in-law, daughter-in-law,
532 brother-in-law, sister-in-law, stepfather, stepmother, stepson,
533 stepdaughter, stepbrother, stepsister, half brother, or half
534 sister.
535 (b) Charter school personnel may not appoint, employ,
536 promote, or advance, or advocate for appointment, employment,
537 promotion, or advancement, in or to a position in the charter
538 school in which the personnel are serving or over which the
539 personnel exercises jurisdiction or control any individual who
540 is a relative. An individual may not be appointed, employed,
541 promoted, or advanced in or to a position in a charter school if
542 such appointment, employment, promotion, or advancement has been
543 advocated by charter school personnel who serve in or exercise
544 jurisdiction or control over the charter school and who is a
545 relative of the individual or if such appointment, employment,
546 promotion, or advancement is made by the governing board of
547 which a relative of the individual is a member.
548 (c) The approval of budgets does not constitute
549 “jurisdiction or control” for the purposes of this subsection.
550
551 Charter school personnel in schools operated by a municipality
552 or other public entity are subject to s. 112.3135.
553 Section 14. For the purpose of incorporating the amendment
554 made by this act to section 112.3135, Florida Statutes, in a
555 reference thereto, subsection (9) of section 1002.83, Florida
556 Statutes, is reenacted to read:
557 1002.83 Early learning coalitions.—
558 (9) Each member of an early learning coalition is subject
559 to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
560 112.3143(3)(a), each voting member is a local public officer who
561 must abstain from voting when a voting conflict exists.
562 Section 15. For the purpose of incorporating the amendment
563 made by this act to section 112.3135, Florida Statutes, in a
564 reference thereto, subsection (2) of section 1012.23, Florida
565 Statutes, is reenacted to read:
566 1012.23 School district personnel policies.—
567 (2) Neither the district school superintendent nor a
568 district school board member may appoint or employ a relative,
569 as defined in s. 112.3135, to work under the direct supervision
570 of that district school board member or district school
571 superintendent. The limitations of this subsection do not apply
572 to employees appointed or employed before the election or
573 appointment of a school board member or district school
574 superintendent. The Commission on Ethics shall accept and
575 investigate any alleged violations of this section pursuant to
576 the procedures contained in ss. 112.322-112.3241.
577 Section 16. This act shall take effect upon becoming a law.