Title: Ethics for Public Officers and Employees of Special Tax Districts

Summary: Removes exemption for public officers & employees of special tax districts relating to conflicting employment or contractual relationships in Code of Ethics for Public Officers & Employees; requires ethics training for elected local officers of independent special districts; specifies requirements for such training.

Full Text:
An act relating to ethics for public officers and employees of special tax districts; amending s. 112.313, F.S.; removing the exemption for public officers and employees of special tax districts relating to conflicting employment or contractual relationships in the Code of Ethics for Public Officers and Employees; amending s. 112.3142, F.S.; requiring certain ethics training for elected local officers of independent special districts beginning on a specified date; specifying requirements for such training; amending ss. 189.031 and 190.007, F.S.; conforming cross-references; providing an effective date. Be It Enacted by the Legislature of the Stat eof Florida: Section 1. Subsection (7) of section 112.313, Florida Statutes, is amended to read: 112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys.-(7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.-(a)1. A No public officer or an employee of an agency may not shall have or hold any employment or contractual relationship with any business entity or any agency that which HB 2023 is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other po litical subdivision of the state.Additionally,;nor shall an officer or employee of an agency may not have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interes ts and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties. 1. When the agency referred to is that certain kind of special tax district created by general or special law and is limited specifically to constructing, maintaining, managing, and financing improvements in the land area over which the agency has jurisdiction, or when the agency has been organized pursuant to chapter 298, then employment with, or entering into a contractual relationship with, such business entity by a public officer or employee of such agency shall not be prohibited by this subsection or be deemed a conflict per se. However, conduct by such officer or employee that is prohibited by, or otherwise frustrates the intent of, this section shall be deemed a conflict of interest in violation of the standards of conduct set forth by this section. HB 2023 2. When the agency referred to is a legislative body and the regulatory power over the business entity resides in anothe ragency, or when the regulatory power which the legislative body exercises over the business entity or agency is strictly through the enactment of laws or ordinances, then employment or a contractual relationship with such business entity by a public officer or employee of a legislative body is shall not be prohibited by this subsection and is not or be deemed a conflict. (b) This subsection does shall not prohibit a public officer or an employee of an agency from practicing in a particular profession or occupation when such practice by persons holding such public office or employment is required or permitted by law or by a county or municipal ordinance. Section 2. Paragraphs (d) and (e) of subsection (2) of section 112.3142, Florida Statutes, are red esignated as paragraphs (e) and (f), respectively, present paragraph (e) of that subsection is amended, and a new paragraph (d) is added to that subsection to read: 112.3142 Ethics training for specified constitutional officers, elected municipal officer s, and commissioners,and elected local officers of independent special districts.-(2) (d) Beginning January 1, 2024, each elected local officer of an independent special district, as defined in s. 189.012, HB 2023 and each person who is appointed to fill a va cancy for an unexpired term of such elective office must complete hours of ethics training each calendar year which addresses, at a minimum, s. 8, Art. II of the State Constitution, the Code of Ethics for Public Officers and Employees, and the public rec ords and public meetings laws of this state. This requirement may be satisfied by completion of a continuing legal education class or other continuing professional education class, seminar, or presentation, if the required subject matter is covered by such class, seminar, or presentation. (e) The Legislature intends that a constitutional officer,or elected municipal officer,or elected local officer of an independent special district who is required to complete ethics training pursuant to this section re ceive the required training as close as possible to the date that he or she assumes office. A constitutional officer,or elected municipal officer,or elected local officer of an independent special district assuming a new office or new term of office on or before March must complete the annual training on or before December of the year in which the term of office began. A constitutional officer, or elected municipal officer,or elected local officer of an independent special district assuming a new office or new term of office after March is not required to complete ethics training for the calendar year in which the term of office began. HB 2023 Section 3. Subsection (6) of section 189.031, Florida Statutes, is amended to read: 189.031 Legislative intent for the creation of independent special districts; special act prohibitions; model elements and other requirements; local general-purpose government/Governor and Cabinet creation authorizations.-(6) GOVERNANCE.-For purposes of s. 8(h)(2), Art. II of the State Constitution, a board member or a public employee of a special district does not abuse his or her public position if the board member or public employee commits an act or omission that is authorized under s. 112.313(12), (15), or (16) s. 112.313(7), (12), (15), or (16) or s. 112.3143(3)(b), and an abuse of a board member's position does not include any act or omission in connection with a vote when the board member has followed the procedures required by s. 112.3143. Section 4. Subsection (1) of section 190.007, Florida Statutes, is amended to read: 190.007 Board of supervisors; general duties.-(1) The board shall employ, and fix the compensation of, a district manager. The district manager shall have charge and supervision of the works of the district and shall be responsible for preserving and maintaining any improvement or facility constructed or erected pursuant to the provisions of this act, for maintaining and operating the equipment owned by the district, and for performing such other duties as may be HB 2023 prescribed by the board. It shall not be a conflict of interest under chapter for a board member or the district manager or another employee of the district to be a stockholder, officer, or employee of a land owner or of an entity affiliated with a landowner. The district manager may hire or otherwise employ and terminate the employment of such other persons, including, without limitation, professional, supervisory, and clerical employees, as may be necessary a nd authorized by the board. The compensation and other conditions of employment of the officers and employees of the district shall be as provided by the board. For purposes of s. 8(h)(2), Art. II of the State Constitution, a board member or a public emplo yee of a district does not abuse his or her public position if the board member or public employee commits an act or omission that is authorized under this subsection, s. 112.313(12), (15), or (16) s. 112.313(7), (12), (15), or (16),or s. 112.3143(3)(b), and an abuse of a board member's public position does not include any act or omission in connection with a vote when the board member has followed the procedures required by s. 112.3143. Section 5. This act shall take effect July 1, 2023.