Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 620
       
       
       
       
       
       
                                Ì901898^Î901898                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Governmental Oversight and Accountability
       (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) and (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. Paragraphs (d) and (e) of subsection (2) of
   52  section 112.3142, Florida Statutes, are redesignated as
   53  paragraphs (e) and (f), respectively, present paragraph (e) of
   54  that subsection is amended, and a new paragraph (d) is added to
   55  that subsection, to read:
   56         112.3142 Ethics training for specified constitutional
   57  officers, elected municipal officers, and commissioners of
   58  community redevelopment agencies, and elected local officers of
   59  independent special districts.—
   60         (2)
   61         (d)Beginning January 1, 2024, each elected local officer
   62  of an independent special district, as defined in s. 189.012,
   63  and each person who is appointed to fill a vacancy for an
   64  unexpired term of such elective office 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 subject matter is covered by such
   72  class, seminar, or presentation.
   73         (f)(e) The Legislature intends that a constitutional
   74  officer, or elected municipal officer, or elected local officer
   75  of an independent special district who is required to complete
   76  ethics training pursuant to this section receive the required
   77  training as close as possible to the date that he or she assumes
   78  office. A constitutional officer, or elected municipal officer,
   79  or elected local officer of an independent special district
   80  assuming a new office or new term of office on or before March
   81  31 must complete the annual training on or before December 31 of
   82  the year in which the term of office began. A constitutional
   83  officer, or elected municipal officer, or elected local officer
   84  of an independent special district assuming a new office or new
   85  term of office after March 31 is not required to complete ethics
   86  training for the calendar year in which the term of office
   87  began.
   88         Section 3. This act shall take effect July 1, 2023.
   89  
   90  ================= T I T L E  A M E N D M E N T ================
   91  And the title is amended as follows:
   92         Delete everything before the enacting clause
   93  and insert:
   94                        A bill to be entitled                      
   95         An act relating to ethics requirements for officers
   96         and employees of special tax districts; amending s.
   97         112.313, F.S.; specifying that certain conduct by
   98         certain public officers and employees is deemed a
   99         conflict of interest; making technical changes;
  100         amending s. 112.3142, F.S.; requiring certain ethics
  101         training for elected local officers of independent
  102         special districts, beginning on a specified date;
  103         specifying requirements for such training; providing
  104         an effective date.