House Bill hb0459

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    Florida House of Representatives - 2001                 HB 459

        By Representative Brutus






  1                      A bill to be entitled

  2         An act relating to restriction on employment of

  3         relatives by public officials; amending s.

  4         112.3135, F.S.; eliminating exemptions from the

  5         prohibition against employment of relatives by

  6         public officials to apply the prohibition to

  7         public officials of universities, community

  8         colleges districts, and district school boards,

  9         for which there are penalties for violation;

10         providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Section 112.3135, Florida Statutes, is

15  amended to read:

16         112.3135  Restriction on employment of relatives.--

17         (1)  In this section, unless the context otherwise

18  requires:

19         (a)  "Agency" means:

20         1.  A state agency, except an institution under the

21  jurisdiction of the Division of Universities of the Department

22  of Education;

23         2.  An office, agency, or other establishment in the

24  legislative branch;

25         3.  An office, agency, or other establishment in the

26  judicial branch;

27         4.  A county;

28         5.  A city; and

29         6.  Any other political subdivision of the state,

30  except a district school board or community college district.

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    Florida House of Representatives - 2001                 HB 459

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  1         (b)  "Collegial body" means a governmental entity

  2  marked by power or authority vested equally in each of a

  3  number of colleagues.

  4         (c)  "Public official" means an officer, including a

  5  member of the Legislature, the Governor, and a member of the

  6  Cabinet, or an employee of an agency in whom is vested the

  7  authority by law, rule, or regulation, or to whom the

  8  authority has been delegated, to appoint, employ, promote, or

  9  advance individuals or to recommend individuals for

10  appointment, employment, promotion, or advancement in

11  connection with employment in an agency, including the

12  authority as a member of a collegial body to vote on the

13  appointment, employment, promotion, or advancement of

14  individuals.

15         (d)  "Relative," for purposes of this section only,

16  with respect to a public official, means an individual who is

17  related to the public official as father, mother, son,

18  daughter, brother, sister, uncle, aunt, first cousin, nephew,

19  niece, husband, wife, father-in-law, mother-in-law,

20  son-in-law, daughter-in-law, brother-in-law, sister-in-law,

21  stepfather, stepmother, stepson, stepdaughter, stepbrother,

22  stepsister, half brother, or half sister.

23         (2)(a)  A public official may not appoint, employ,

24  promote, or advance, or advocate for appointment, employment,

25  promotion, or advancement, in or to a position in the agency

26  in which the official is serving or over which the official

27  exercises jurisdiction or control any individual who is a

28  relative of the public official. An individual may not be

29  appointed, employed, promoted, or advanced in or to a position

30  in an agency if such appointment, employment, promotion, or

31  advancement has been advocated by a public official, serving

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    Florida House of Representatives - 2001                 HB 459

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  1  in or exercising jurisdiction or control over the agency, who

  2  is a relative of the individual or if such appointment,

  3  employment, promotion, or advancement is made by a collegial

  4  body of which a relative of the individual is a member.

  5         (b)  However, This subsection does shall not apply to:

  6         1.  Appointments to boards other than those with

  7  land-planning or zoning responsibilities in those

  8  municipalities with less than 35,000 population.

  9         2.  This subsection does not apply to Persons serving

10  in a volunteer capacity who provide emergency medical,

11  firefighting, or police services. Such persons may receive,

12  without losing their volunteer status, reimbursements for the

13  costs of any training they get relating to the provision of

14  volunteer emergency medical, firefighting, or police services

15  and payment for any incidental expenses relating to those

16  services that they provide.

17         (c)(b)  Mere approval of budgets shall not be

18  sufficient to constitute "jurisdiction or control" for the

19  purposes of this section.

20         (3)  An agency may prescribe regulations authorizing

21  the temporary employment, in the event of an emergency as

22  defined in s. 252.34(3), of individuals whose employment would

23  be otherwise prohibited by this section.

24         (4)  Legislators' relatives may be employed as pages or

25  messengers during legislative sessions.

26         Section 2.  This act shall take effect July 1, 2001.

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    Florida House of Representatives - 2001                 HB 459

    755-105-01






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  2                          HOUSE SUMMARY

  3
      Eliminates exemptions from the prohibition against
  4    employment of relatives by public officials to apply the
      prohibition to public officials of universities,
  5    community colleges districts, and district school boards,
      violation of which subjects the official to any one or
  6    more of the following:  removal or suspension from
      office, public censure and reprimand, forfeiture of a
  7    portion of monthly salary for a limited period, a civil
      penalty, or restitution of pecuniary benefits received.
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