Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 606
Ì218222vÎ218222
LEGISLATIVE ACTION
Senate . House
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following:
1 Senate Substitute for Amendment (976080) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 112.3142, Florida Statutes, is amended
7 to read:
8 112.3142 Ethics training for specified constitutional
9 officers and elected municipal officers.—
10 (1) As used in this section, the term “constitutional
11 officers” includes the Governor, the Lieutenant Governor, the
12 Attorney General, the Chief Financial Officer, the Commissioner
13 of Agriculture, state attorneys, public defenders, sheriffs, tax
14 collectors, property appraisers, supervisors of elections,
15 clerks of the circuit court, county commissioners, district
16 school board members, and superintendents of schools.
17 (2)(a) All constitutional officers must complete 4 hours of
18 ethics training each calendar year which annually that
19 addresses, at a minimum, s. 8, Art. II of the State
20 Constitution, the Code of Ethics for Public Officers and
21 Employees, and the public records and public meetings laws of
22 this state. This requirement may be satisfied by completion of a
23 continuing legal education class or other continuing
24 professional education class, seminar, or presentation if the
25 required subjects are covered.
26 (b) Beginning January 1, 2015, all elected municipal
27 officers must complete 4 hours of ethics training each calendar
28 year which addresses, at a minimum, s. 8, Art. II of the State
29 Constitution, the Code of Ethics for Public Officers and
30 Employees, and the public records and public meetings laws of
31 this state. This requirement may be satisfied by completion of a
32 continuing legal education class or other continuing
33 professional education class, seminar, or presentation if the
34 required subjects are covered.
35 (c)(b) The commission shall adopt rules establishing
36 minimum course content for the portion of an ethics training
37 class which that addresses s. 8, Art. II of the State
38 Constitution and the Code of Ethics for Public Officers and
39 Employees.
40 (d) The Legislature intends that a constitutional officer
41 or elected municipal officer who is required to complete ethics
42 training pursuant to this section receive the required training
43 as close as possible to the date on which he or she assumes
44 office. A constitutional officer or elected municipal officer
45 assuming a new office or new term of office on or before March
46 31 must complete the annual training on or before December 31 of
47 the year in which the term of office began. A constitutional
48 officer or elected municipal officer assuming a new office after
49 March 31 is not required to complete ethics training for the
50 calendar year in which he or she assumes the new office.
51 Section 2. Subsection (3) of section 112.322, Florida
52 Statutes, is amended to read:
53 112.322 Duties and powers of commission.—
54 (3)(a) A Every public officer, candidate for public office,
55 or public employee, when in doubt about the applicability and
56 interpretation of this part or s. 8, Art. II of the State
57 Constitution to himself or herself in a particular context, may
58 submit in writing the facts of the situation to the Commission
59 on Ethics with a request for an advisory opinion to establish
60 the standard of public duty. Any public officer or employee who
61 has the power to hire or terminate employees may likewise seek
62 an advisory opinion from the commission as to the application of
63 the provisions of this part or s. 8, Art. II of the State
64 Constitution to any such employee or applicant for employment.
65 The commission may provide an informal advisory opinion or a
66 formal advisory opinion. If a formal An advisory opinion is
67 shall be rendered by the commission, and each such opinion must
68 shall be numbered, dated, and published without naming the
69 person making the request, unless such person consents to the
70 use of his or her name.
71 (b) If the executive director determines that sufficient
72 legal or formal advisory opinion precedent exists to establish
73 the standard of public duty, the executive director must provide
74 the requestor with a written informal advisory opinion
75 containing the requested guidance. The commission must render an
76 informal advisory opinion within 10 business days after receipt
77 of the request, unless the executive director determines that
78 good cause exists for a reasonable extension of time.
79 (c) If insufficient precedent exists, or if there is
80 substantial concern that the commission would render an opinion
81 differing from that stated in applicable opinions or legal
82 precedent under the material facts presented, commission staff
83 shall prepare a draft formal opinion of the commission. The
84 commission must address the draft formal opinion request at the
85 next scheduled commission meeting, unless good cause exists for
86 a reasonable extension of time.
87 (d)(b) An informal or formal advisory Such opinion, until
88 amended or revoked, shall be binding on the conduct of the
89 officer, employee, or candidate who sought the opinion or with
90 reference to whom the opinion was sought, unless material facts
91 were omitted or misstated in the request for the advisory
92 opinion, or have subsequently changed. If the material facts do
93 not differ from those contained in the request, and the
94 requestor has complied with the guidance provided by the
95 commission or the executive director, the commission shall
96 dismiss any complaint alleging that the conduct that is the
97 subject of the formal or informal advisory opinion violated this
98 part or s. 8, Art. II of the State Constitution.
99 Section 3. Section 112.326, Florida Statutes, is amended to
100 read:
101 112.326 Additional requirements by political subdivisions
102 and agencies not prohibited.—
103 (1) A political subdivision or agency is prohibited from
104 imposing a standard of conduct identical to a standard contained
105 in this part. This part does not prohibit the electors or
106 Nothing in this act shall prohibit the governing body of a any
107 political subdivision, by charter or ordinance, or agency, by
108 rule, from imposing upon its own officers and employees
109 additional or more stringent standards of conduct and disclosure
110 requirements than those specified in this part, if provided that
111 those standards of conduct and disclosure requirements do not
112 otherwise conflict with the provisions of this part.
113 (2) A political subdivision is prohibited from imposing
114 additional or more stringent standards of conduct and disclosure
115 requirements upon the public officers and employees of another
116 political subdivision, unless the imposition of such standards
117 and requirements are approved by a majority of the electors in
118 the political subdivision voting upon the measure. This
119 subsection does not apply to a political subdivision that has
120 imposed additional or more stringent standards of conduct and
121 disclosure requirements upon the public officers and employees
122 of another political subdivision on or before March 1, 2014, and
123 such a political subdivision may impose further additional or
124 more stringent standards of conduct and disclosure requirements
125 upon the public officers or employees of another political
126 subdivision as authorized by law.
127 Section 4. Section 286.012, Florida Statutes, is amended to
128 read:
129 286.012 Voting requirement at meetings of governmental
130 bodies.—A No member of any state, county, or municipal
131 governmental board, commission, or agency who is present at any
132 meeting of any such body at which an official decision, ruling,
133 or other official act is to be taken or adopted may not abstain
134 from voting in regard to any such decision, ruling, or act; and
135 a vote shall be recorded or counted for each such member
136 present, unless except when, with respect to any such member,
137 there is, or appears to be, a possible conflict of interest
138 under the provisions of s. 112.311, s. 112.313, or s. 112.3143,
139 or additional or more stringent standards of conduct, if any,
140 adopted pursuant to s. 112.326. If there is, or appears to be, a
141 possible conflict under s. 112.311, s. 112.313, or s. 112.3143,
142 the member shall comply with the disclosure requirements of s.
143 112.3143. If the only conflict or possible conflict is one
144 arising from the additional or more stringent standards adopted
145 pursuant to s. 112.326, the member shall comply with any
146 disclosure requirements adopted pursuant to s. 112.326. If the
147 official decision, ruling, or act occurs in the context of a
148 quasi-judicial proceeding, a member may abstain from voting on
149 such matter if the abstention is to assure a fair proceeding
150 free from potential bias or prejudice In such cases, said member
151 shall comply with the disclosure requirements of s. 112.3143.
152 Section 5. This act shall take effect July 1, 2014
153
154 ================= T I T L E A M E N D M E N T ================
155 And the title is amended as follows:
156 Delete everything before the enacting clause
157 and insert:
158 A bill to be entitled
159 An act relating to governmental ethics; amending s.
160 112.3142, F.S.; requiring elected municipal officers
161 to complete annual ethics training; providing
162 legislative intent; amending s. 112.322, F.S.;
163 revising the duties and powers of the Commission on
164 Ethics; specifying the circumstances in which the
165 commission may render an informal or formal advisory
166 opinion; amending s. 112.326, F.S.; prohibiting a
167 political subdivision or agency from imposing a
168 standard of conduct identical to a standard in the
169 Code of Ethics for Public Officers and Employees;
170 prohibiting a political subdivision or agency from
171 imposing additional standards of conduct upon the
172 public officers and employees of another political
173 subdivision; providing exceptions; amending s.
174 286.012, F.S.; revising disclosure requirements with
175 respect to a voting abstention at a meeting of a
176 governmental body; authorizing a member to abstain
177 from voting on a decision, ruling, or act in a quasi
178 judicial proceeding under certain circumstances;
179 providing an effective date.