Florida Senate - 2024 SB 734
By Senator Ingoglia
11-00654C-24 2024734__
1 A bill to be entitled
2 An act relating to government accountability; amending
3 s. 112.313, F.S.; defining the term “foreign country
4 of concern”; prohibiting specified individuals from
5 soliciting or accepting anything of value from a
6 foreign country of concern; creating s. 112.3262,
7 F.S.; defining terms; prohibiting a person from
8 lobbying a county, municipality, or special district
9 unless he or she is registered as a lobbyist;
10 establishing registration requirements; requiring that
11 lobbyist registrations be made available to the
12 public; establishing procedures for canceling a
13 lobbyist’s registration; authorizing a county,
14 municipality, or special district to establish a
15 lobbyist registration fee; requiring a county,
16 municipality, or special district to monitor
17 compliance with lobbyist registration requirements;
18 requiring a Commission on Ethics and Public Trust
19 established by a county or municipality or the
20 Commission on Ethics to investigate a lobbyist or
21 principal upon receipt of a sworn complaint containing
22 certain allegations; requiring a Commission on Ethics
23 and Public Trust, or the Commission on Ethics if there
24 is no Commission on Ethics and Public Trust, to
25 provide the chief executive officer of the county or
26 municipality with a report on the findings and
27 recommendations arising out of the investigation;
28 requiring the Commission on Ethics to provide the
29 governing body of the special district with a report
30 on the findings and recommendations arising out of the
31 investigation; authorizing the chief executive officer
32 of the county or municipality or the governing body of
33 the special district to enforce the findings and
34 recommendations; authorizing counties and
35 municipalities to adopt ordinances, and special
36 districts to adopt rules, governing lobbyist
37 registration and fees; providing construction;
38 amending s. 112.32155, F.S.; requiring specified
39 lobbyists to file a certain registration by means of
40 the electronic filing system maintained by the
41 Commission on Ethics; requiring that registrations be
42 completed and filed within a specified timeframe on a
43 specified day and updates to such registration be
44 completed and filed within a specified timeframe;
45 amending s. 125.73, F.S.; prohibiting the governing
46 body of a county from renewing or extending the
47 employment contract of a county administrator during a
48 specified timeframe; providing an exception; creating
49 s. 125.75, F.S.; prohibiting the governing body of a
50 county from renewing or extending the employment
51 contract of a county general counsel during a
52 specified timeframe; providing an exception; amending
53 s. 166.021, F.S.; prohibiting the governing body of a
54 municipality from renewing or extending the employment
55 contract of a chief executive officer or municipal
56 general counsel during a specified timeframe;
57 providing exceptions; amending s. 166.041, F.S.;
58 defining the term “present”; providing that, for a
59 quorum, two members of the governing body must be
60 physically present, and others may appear through the
61 use of certain technology; making technical changes;
62 amending s. 1001.50, F.S.; prohibiting a district
63 school board from renewing or extending the employment
64 contract of a district school superintendent during a
65 specified timeframe; providing an exception; creating
66 s. 1012.336, F.S.; prohibiting a district school board
67 from renewing or extending the employment contract of
68 a district school board general counsel during a
69 specified timeframe; providing an exception; amending
70 s. 112.061, F.S.; conforming cross-references;
71 reenacting ss. 28.35(1)(b), 112.3136(1), 112.3251,
72 288.012(6)(d), 288.8014(4), 288.9604(3)(a),
73 295.21(4)(d), 406.06(5), 447.509(1)(d), 627.311(5)(m),
74 1002.33(26)(a), 1002.333(6)(f), and 1002.83(9), F.S.,
75 relating to members of the executive council of the
76 Florida Clerks of Court Operations Corporation,
77 standards of conduct for officers and employees of
78 entities serving as chief administrative officers of
79 political subdivisions, the ethics code and standards
80 of conduct for citizen support and direct-support
81 organizations, senior managers and members of the
82 board of directors of the direct-support organization
83 of State of Florida international offices, standards
84 of conduct for members of the board of directors of
85 Triumph Gulf Coast, Inc., directors of the Florida
86 Development Finance Corporation, standards of conduct
87 for the board of directors of Florida Is For Veterans,
88 Inc., standards of conduct for district and associate
89 medical examiners, prohibited actions of employee
90 organizations, their members, agents, representatives,
91 or persons acting on their behalf, standards of
92 conduct for senior managers, officers and members of
93 the board of governors of the Office of Insurance
94 Regulation, standards of conduct and financial
95 disclosure for members of a governing board of a
96 charter school, those operating schools of hope, and
97 standards of conduct for members of an early learning
98 coalition, respectively, to incorporate the amendments
99 made to s. 112.313, F.S., in references thereto;
100 providing an effective date.
101
102 Be It Enacted by the Legislature of the State of Florida:
103
104 Section 1. Subsections (1) and (2) of section 112.313,
105 Florida Statutes, are amended to read:
106 112.313 Standards of conduct for public officers, employees
107 of agencies, and local government attorneys.—
108 (1) DEFINITIONS DEFINITION.—As used in this section, unless
109 the context otherwise requires, the term:
110 (a) “Foreign country of concern” has the same meaning as in
111 s. 286.101.
112 (b) “Public officer” includes any person elected or
113 appointed to hold office in any agency, including any person
114 serving on an advisory body.
115 (2) SOLICITATION OR ACCEPTANCE OF GIFTS.—
116 (a) A No public officer, an employee of an agency, a local
117 government attorney, or a candidate for nomination or election
118 may not shall solicit or accept anything of value to the
119 recipient, including a gift, loan, reward, promise of future
120 employment, favor, or service, based upon any understanding that
121 the vote, official action, or judgment of the public officer,
122 employee, local government attorney, or candidate would be
123 influenced thereby.
124 (b) A public officer, an employee of an agency, a local
125 government attorney, or a candidate for nomination or election
126 may not solicit or accept anything of value to the recipient,
127 including a gift, loan, reward, promise of future employment,
128 favor, or service, from a foreign country of concern.
129 Section 2. Section 112.3262, Florida Statutes, is created
130 to read:
131 112.3262 Lobbying before special districts, counties, and
132 municipalities; registration and reporting.—
133 (1) As used in this section, the term:
134 (a) “Lobby” or “lobbies” means to seek, on behalf of
135 another person or group, to influence a county, municipality, or
136 special district with respect to a decision of that entity in
137 either an area of policy or procurement or an attempt to obtain
138 the goodwill of an official or employee of such entity. The term
139 “lobby” or “lobbies” must be interpreted and applied
140 consistently with the rules of the commission implementing s.
141 112.3215.
142 (b) “Lobbyist” has the same meaning as in s. 112.3215.
143 (c) “Principal” has the same meaning as in s. 112.3215.
144 (2) A person may not lobby a county, municipality, or
145 special district unless he or she is registered as a lobbyist
146 with such entity. Such registration is due upon the person’s
147 initial retention as a lobbyist, is renewable on a calendar-year
148 basis thereafter, and must be filed using the electronic filing
149 system provided under s. 112.32155. Such person shall, at the
150 time of registration, provide a statement signed by the
151 principal or principal’s representative stating that the
152 registrant is authorized to represent the principal. The
153 statement must also identify and designate the principal’s main
154 business and authorize the registrant pursuant to a
155 classification system approved by the county, municipality, or
156 special district, as applicable. Any changes in the information
157 provided pursuant to this subsection must be disclosed within 15
158 days after the change occurs by filing a new registration form.
159 The registration form must require each lobbyist to disclose,
160 under oath, all of the following:
161 (a) The lobbyist’s name and business address.
162 (b) The name and business address of each principal
163 represented.
164 (c) The existence of any direct or indirect business
165 association, partnership, or financial relationship the lobbyist
166 has with any officer or employee of the county, municipality, or
167 special district which he or she lobbies or intends to lobby.
168 (d) In lieu of creating its own lobbyist registration form,
169 a county, municipality, or special district may accept a
170 completed legislative branch or executive branch lobbyist
171 registration form.
172 (3) A county, municipality, or special district shall make
173 available to the public copies of lobbyist registrations
174 submitted pursuant to subsection (2). If a county, municipality,
175 or special district maintains a website, a database of currently
176 registered lobbyists and principals must be available on the
177 website.
178 (4) A lobbyist shall promptly send a written statement to
179 the county, municipality, or special district, as applicable,
180 canceling the registration for a principal upon termination of
181 the lobbyist’s representation of that principal. A county,
182 municipality, or special district may remove the name of a
183 lobbyist from the list of registered lobbyists if the principal
184 notifies the district that a person is no longer authorized to
185 represent that principal.
186 (5) A county, municipality, or special district may
187 establish an annual lobbyist registration fee, not to exceed
188 $40, for each principal represented. The county, municipality,
189 or special district may use registration fees only to administer
190 this section.
191 (6) A county, municipality, or special district shall be
192 diligent in ascertaining whether persons required to register
193 pursuant to this section have complied. A county, municipality,
194 or special district may not knowingly authorize a person who is
195 not registered to lobby pursuant to this section.
196 (7)(a) Upon receipt of a sworn complaint alleging that a
197 lobbyist or principal has failed to register with a county or
198 municipality or has knowingly submitted false information in a
199 report or registration required under this section, a Commission
200 on Ethics and Public Trust established by the county or
201 municipality or, if the county or municipality has not
202 established such a commission, the Commission on Ethics shall
203 investigate the lobbyist or principal pursuant to the procedures
204 established under s. 112.324. The commission shall provide the
205 chief executive officer of the county or municipality with a
206 report of its findings and recommendations arising out of any
207 investigation conducted under this paragraph. The chief
208 executive officer of the county or municipality may enforce the
209 commission’s findings and recommendations.
210 (b) Upon the receipt of a sworn complaint alleging that a
211 lobbyist or principal has failed to register with a special
212 district or has knowingly submitted false information in a
213 report or registration required under this section, the
214 Commission on Ethics shall investigate the lobbyist or principal
215 pursuant to the procedures established under s. 112.324. The
216 commission shall provide the governing body of the special
217 district with a report of its findings and recommendations
218 arising out of any investigation conducted under this paragraph.
219 The governing body of the special district may enforce the
220 commission’s findings and recommendations.
221 (8) Counties and municipalities may adopt ordinances, and
222 special districts may adopt rules, to establish procedures to
223 govern the registration of lobbyists, including the adoption of
224 forms and the establishment of a lobbyist registration fee.
225 (9) This section does not preempt or supersede any
226 ordinance or charter provision establishing a lobbyist
227 registration program adopted before July 1, 2024, but this
228 section shall prevail to the extent of any conflict. In
229 accordance with s. 112.326, any ordinance or rule adopted
230 pursuant to this section may include additional or more
231 stringent disclosure requirements so long as the requirements do
232 not otherwise conflict with this section.
233 Section 3. Subsections (2) and (3) of section 112.32155,
234 Florida Statutes, are amended to read:
235 112.32155 Electronic filing of compensation reports and
236 other information.—
237 (2)(a) Each lobbying firm who is required to file reports
238 with the Commission on Ethics pursuant to s. 112.3215 must file
239 such reports with the commission by means of the electronic
240 filing system.
241 (b) Each lobbyist who is required to file a registration
242 pursuant to s. 112.3262 must file his or her registration by
243 means of the electronic filing system.
244 (3)(a) A report filed pursuant to this section must be
245 completed and filed through the electronic filing system not
246 later than 11:59 p.m. of the day designated in s. 112.3215. A
247 report not filed by 11:59 p.m. of the day designated is a late
248 filed report and is subject to the penalties under s.
249 112.3215(5).
250 (b) A registration filed pursuant to s. 112.3262 must be
251 completed and filed by 11:59 p.m. on the day the lobbyist is
252 retained, and an update to a registration must be completed and
253 filed no later than 15 days after a change.
254 Section 4. Subsection (5) is added to section 125.73,
255 Florida Statutes, to read:
256 125.73 County administrator; appointment, qualifications,
257 compensation.—
258 (5) The governing body of a county may not renew or extend
259 the employment contract of a county administrator during the 8
260 months immediately preceding a general election for county
261 mayor, if applicable, or for members of the governing body of
262 the county unless the governing body approves such renewal or
263 extension by a unanimous vote.
264 Section 5. Section 125.75, Florida Statutes, is created to
265 read:
266 125.75 County general counsel contract.—The governing body
267 of a county may not renew or extend the contract of a county
268 general counsel during the 8 months immediately preceding a
269 general election for county mayor, if applicable, or for members
270 of the governing body of the county unless the governing body
271 approves such renewal or extension by a unanimous vote.
272 Section 6. Present subsection (9) of section 166.021,
273 Florida Statutes, is redesignated as subsection (10), and a new
274 subsection (9) is added to that section, to read:
275 166.021 Powers.—
276 (9)(a) The governing body of a municipality may not renew
277 or extend the employment contract of a chief executive officer
278 of the municipality during the 8 months immediately preceding a
279 general election for the municipal mayor or for members of the
280 governing body of the municipality unless the governing body
281 approves such renewal or extension by a unanimous vote.
282 (b) The governing body of a municipality may not renew or
283 extend the employment contract of a municipal general counsel
284 during the 8 months immediately preceding a general election for
285 the municipal mayor or for members of the governing body of the
286 municipality unless the governing body approves such renewal or
287 extension by a unanimous vote.
288 Section 7. Present paragraph (b) of subsection (1) of
289 section 166.041, Florida Statutes, is redesignated as paragraph
290 (c), and a new paragraph (b) is added to that subsection, and
291 subsection (5) of that section is amended, to read:
292 166.041 Procedures for adoption of ordinances and
293 resolutions.—
294 (1) As used in this section, the following words and terms
295 shall have the following meanings unless some other meaning is
296 plainly indicated:
297 (b) “Present” means a member of a governing body having,
298 for the purpose of determining a quorum or voting on matters
299 before the governing body, the ability to participate
300 meaningfully in the deliberation of the governing body, either
301 by the member’s physical presence at the meeting or by his or
302 her use of technology that allows the member to see, hear, and
303 speak at the meeting as if physically present.
304 (5) A majority of the members of the governing body
305 constitutes shall constitute a quorum. An affirmative vote of a
306 majority of a quorum present is necessary to enact any ordinance
307 or adopt any resolution; except that two-thirds of the
308 membership of the board is required to enact an emergency
309 ordinance. On final passage, the vote of each member of the
310 governing body voting must shall be entered in on the official
311 record of the meeting. All ordinances or resolutions passed by
312 the governing body shall become effective 10 days after passage
313 or as otherwise provided therein. For the purposes of
314 determining whether the majority of the members of the governing
315 body are present, when at least two members of the governing
316 body are physically present, a member of the governing body may
317 be considered present if, by the use of any technology, the
318 member can participate in the deliberation of the governing
319 body.
320 Section 8. Subsection (2) of section 1001.50, Florida
321 Statutes, is amended to read:
322 1001.50 Superintendents employed under Art. IX of the State
323 Constitution.—
324 (2) Each district school board shall enter into an
325 employment contract with the district school superintendent and
326 shall adopt rules relating to his or her appointment; however,
327 if the employment contract contains a provision for severance
328 pay, it must include the provisions required by s. 215.425. The
329 district school board may not renew or extend the employment
330 contract of a superintendent during the 8 months immediately
331 preceding a general election for district school board members
332 unless the district school board approves such renewal or
333 extension by a unanimous vote.
334 Section 9. Section 1012.336, Florida Statutes, is created
335 to read:
336 1012.336 Contracts with district school board general
337 counsels.—A district school board may not renew or extend the
338 employment contract of a district school board general counsel
339 during the 8 months immediately preceding a general election for
340 district school board members unless the district school board
341 approves such renewal or extension by a unanimous vote.
342 Section 10. Paragraphs (a) and (c) of subsection (14) of
343 section 112.061, Florida Statutes, are amended to read:
344 112.061 Per diem and travel expenses of public officers,
345 employees, and authorized persons; statewide travel management
346 system.—
347 (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
348 SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
349 ORGANIZATIONS.—
350 (a) The following entities may establish rates that vary
351 from the per diem rate provided in paragraph (6)(a), the
352 subsistence rates provided in paragraph (6)(b), or the mileage
353 rate provided in paragraph (7)(d) if those rates are not less
354 than the statutorily established rates that are in effect for
355 the 2005-2006 fiscal year:
356 1. The governing body of a county by the enactment of an
357 ordinance or resolution;
358 2. A county constitutional officer, pursuant to s. 1(d),
359 Art. VIII of the State Constitution, by the establishment of
360 written policy;
361 3. The governing body of a district school board by the
362 adoption of rules;
363 4. The governing body of a special district, as defined in
364 s. 189.012, except those special districts that are subject to
365 s. 166.021(10) s. 166.021(9), by the enactment of a resolution;
366 or
367 5. Any metropolitan planning organization created pursuant
368 to s. 339.175 or any other separate legal or administrative
369 entity created pursuant to s. 339.175 of which a metropolitan
370 planning organization is a member, by the enactment of a
371 resolution.
372 (c) Except as otherwise provided in this subsection,
373 counties, county constitutional officers and entities governed
374 by those officers, district school boards, special districts,
375 and metropolitan planning organizations, other than those
376 subject to s. 166.021(10) s. 166.021(9), remain subject to the
377 requirements of this section.
378 Section 11. For the purpose of incorporating the amendments
379 made by this act to section 112.313, Florida Statutes, in
380 references thereto, paragraph (b) of subsection (1) of section
381 28.35, Florida Statutes, is reenacted to read:
382 28.35 Florida Clerks of Court Operations Corporation.—
383 (1)
384 (b)1. The executive council shall be composed of eight
385 clerks of the court elected by the clerks of the courts for a
386 term of 2 years, with two clerks from counties with a population
387 of fewer than 100,000, two clerks from counties with a
388 population of at least 100,000 but fewer than 500,000, two
389 clerks from counties with a population of at least 500,000 but
390 fewer than 1 million, and two clerks from counties with a
391 population of 1 million or more. The executive council shall
392 also include, as ex officio members, a designee of the President
393 of the Senate and a designee of the Speaker of the House of
394 Representatives. The Chief Justice of the Supreme Court shall
395 designate one additional member to represent the state courts
396 system.
397 2. Members of the executive council of the corporation are
398 subject to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135;
399 and 112.3143(2). For purposes of applying ss. 112.313(1)-(8),
400 (10), (12), and (15); 112.3135; and 112.3143(2) to activities of
401 executive council members, members shall be considered public
402 officers and the corporation shall be considered the members’
403 agency.
404 Section 12. For the purpose of incorporating the amendments
405 made by this act to section 112.313, Florida Statutes, in
406 references thereto, subsection (1) of section 112.3136, Florida
407 Statutes, is reenacted to read:
408 112.3136 Standards of conduct for officers and employees of
409 entities serving as chief administrative officer of political
410 subdivisions.—The officers, directors, and chief executive
411 officer of a corporation, partnership, or other business entity
412 that is serving as the chief administrative or executive officer
413 or employee of a political subdivision, and any business entity
414 employee who is acting as the chief administrative or executive
415 officer or employee of the political subdivision, for the
416 purposes of the following sections, are public officers and
417 employees who are subject to the following standards of conduct
418 of this part:
419 (1) Section 112.313, and their “agency” is the political
420 subdivision that they serve; however, the contract under which
421 the business entity serves as chief executive or administrative
422 officer of the political subdivision is not deemed to violate s.
423 112.313(3) or (7).
424 Section 13. For the purpose of incorporating the amendments
425 made by this act to section 112.313, Florida Statutes, in
426 references thereto, section 112.3251, Florida Statutes, is
427 reenacted to read:
428 112.3251 Citizen support and direct-support organizations;
429 standards of conduct.—A citizen support or direct-support
430 organization created or authorized pursuant to law must adopt
431 its own ethics code. The ethics code must contain the standards
432 of conduct and disclosures required under ss. 112.313 and
433 112.3143(2), respectively. However, an ethics code adopted
434 pursuant to this section is not required to contain the
435 standards of conduct specified in s. 112.313(3) or (7). The
436 citizen support or direct-support organization may adopt
437 additional or more stringent standards of conduct and disclosure
438 requirements if those standards of conduct and disclosure
439 requirements do not otherwise conflict with this part. The
440 ethics code must be conspicuously posted on the citizen support
441 or direct-support organization’s website.
442 Section 14. For the purpose of incorporating the amendments
443 made by this act to section 112.313, Florida Statutes, in
444 references thereto, paragraph (d) of subsection (6) of section
445 288.012, Florida Statutes, is reenacted to read:
446 288.012 State of Florida international offices; direct
447 support organization.—The Legislature finds that the expansion
448 of international trade and tourism is vital to the overall
449 health and growth of the economy of this state. This expansion
450 is hampered by the lack of technical and business assistance,
451 financial assistance, and information services for businesses in
452 this state. The Legislature finds that these businesses could be
453 assisted by providing these services at State of Florida
454 international offices. The Legislature further finds that the
455 accessibility and provision of services at these offices can be
456 enhanced through cooperative agreements or strategic alliances
457 between private businesses and state, local, and international
458 governmental entities.
459 (6)
460 (d) The senior managers and members of the board of
461 directors of the organization are subject to ss. 112.313(1)-(8),
462 (10), (12), and (15); 112.3135; and 112.3143(2). For purposes of
463 applying ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
464 112.3143(2) to activities of the president and staff, those
465 persons shall be considered public officers or employees and the
466 corporation shall be considered their agency. The exemption set
467 forth in s. 112.313(12) for advisory boards applies to the
468 members of board of directors. Further, each member of the board
469 of directors who is not otherwise required to file financial
470 disclosures pursuant to s. 8, Art. II of the State Constitution
471 or s. 112.3144, shall file disclosure of financial interests
472 pursuant to s. 112.3145.
473 Section 15. For the purpose of incorporating the amendments
474 made by this act to section 112.313, Florida Statutes, in
475 references thereto, subsection (4) of section 288.8014, Florida
476 Statutes, is reenacted to read:
477 288.8014 Triumph Gulf Coast, Inc.; organization; board of
478 directors.—
479 (4) The Legislature determines that it is in the public
480 interest for the members of the board of directors to be subject
481 to the requirements of ss. 112.313, 112.3135, and 112.3143,
482 notwithstanding the fact that the board members are not public
483 officers or employees. For purposes of those sections, the board
484 members shall be considered to be public officers or employees.
485 In addition to the postemployment restrictions of s. 112.313(9),
486 a person appointed to the board of directors must agree to
487 refrain from having any direct interest in any contract,
488 franchise, privilege, project, program, or other benefit arising
489 from an award by Triumph Gulf Coast, Inc., during the term of
490 his or her appointment and for 6 years after the termination of
491 such appointment. It is a misdemeanor of the first degree,
492 punishable as provided in s. 775.082 or s. 775.083, for a person
493 to accept appointment to the board of directors in violation of
494 this subsection or to accept a direct interest in any contract,
495 franchise, privilege, project, program, or other benefit granted
496 by Triumph Gulf Coast, Inc., to an awardee within 6 years after
497 the termination of his or her service on the board. Further,
498 each member of the board of directors who is not otherwise
499 required to file financial disclosure under s. 8, Art. II of the
500 State Constitution or s. 112.3144 shall file disclosure of
501 financial interests under s. 112.3145.
502 Section 16. For the purpose of incorporating the amendments
503 made by this act to section 112.313, Florida Statutes, in a
504 reference thereto, paragraph (a) of subsection (3) of section
505 288.9604, Florida Statutes, is reenacted to read:
506 288.9604 Creation of the corporation.—
507 (3)(a)1. A director may not receive compensation for his or
508 her services, but is entitled to necessary expenses, including
509 travel expenses, incurred in the discharge of his or her duties.
510 Each appointed director shall hold office until his or her
511 successor has been appointed.
512 2. Directors are subject to ss. 112.313(1)-(8), (10), (12),
513 and (15); 112.3135; and 112.3143(2). For purposes of applying
514 ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
515 112.3143(2) to activities of directors, directors are considered
516 public officers and the corporation is considered their agency.
517 Section 17. For the purpose of incorporating the amendments
518 made by this act to section 112.313, Florida Statutes, in
519 references thereto, paragraph (d) of subsection (4) of section
520 295.21, Florida Statutes, is reenacted to read:
521 295.21 Florida Is For Veterans, Inc.—
522 (4) GOVERNANCE.—
523 (d) The Legislature finds that it is in the public interest
524 for the members of the board of directors to be subject to the
525 requirements of ss. 112.313, 112.3135, and 112.3143.
526 Notwithstanding the fact that they are not public officers or
527 employees, for purposes of ss. 112.313, 112.3135, and 112.3143,
528 the board members shall be considered to be public officers or
529 employees. In addition to the postemployment restrictions of s.
530 112.313(9), a person appointed to the board of directors may not
531 have direct interest in a contract, franchise, privilege,
532 project, program, or other benefit arising from an award by the
533 corporation during the appointment term and for 2 years after
534 the termination of such appointment. A person who accepts
535 appointment to the board of directors in violation of this
536 subsection, or accepts a direct interest in a contract,
537 franchise, privilege, project, program, or other benefit granted
538 by the corporation to an awardee within 2 years after the
539 termination of his or her service on the board, commits a
540 misdemeanor of the first degree, punishable as provided in s.
541 775.082 or s. 775.083. Further, each member of the board of
542 directors who is not otherwise required to file financial
543 disclosure under s. 8, Art. II of the State Constitution or s.
544 112.3144 shall file a statement of financial interests under s.
545 112.3145.
546 Section 18. For the purpose of incorporating the amendments
547 made by this act to section 112.313, Florida Statutes, in a
548 reference thereto, subsection (5) of section 406.06, Florida
549 Statutes, is reenacted to read:
550 406.06 District medical examiners; associates; suspension
551 of medical examiners.—
552 (5) District medical examiners and associate medical
553 examiners are public officers for purposes of s. 112.313 and the
554 standards of conduct prescribed thereunder.
555 Section 19. For the purpose of incorporating the amendments
556 made by this act to section 112.313, Florida Statutes, in
557 references thereto, paragraph (d) of subsection (1) of section
558 447.509, Florida Statutes, is reenacted to read:
559 447.509 Other unlawful acts.—
560 (1) Employee organizations, their members, agents, or
561 representatives, or any persons acting on their behalf are
562 hereby prohibited from:
563 (d) Offering anything of value to a public officer as
564 defined in s. 112.313(1) which the public officer is prohibited
565 from accepting under s. 112.313(2).
566 Section 20. For the purpose of incorporating the amendments
567 made by this act to section 112.313, Florida Statutes, in
568 references thereto, paragraph (m) of subsection (5) of section
569 627.311, Florida Statutes, is reenacted to read:
570 627.311 Joint underwriters and joint reinsurers; public
571 records and public meetings exemptions.—
572 (5)
573 (m) Senior managers and officers, as defined in the plan of
574 operation, and members of the board of governors are subject to
575 the provisions of ss. 112.313, 112.3135, 112.3143, 112.3145,
576 112.316, and 112.317. Senior managers, officers, and board
577 members are also required to file such disclosures with the
578 Commission on Ethics and the Office of Insurance Regulation. The
579 executive director of the plan or his or her designee shall
580 notify each newly appointed and existing appointed member of the
581 board of governors, senior manager, and officer of his or her
582 duty to comply with the reporting requirements of s. 112.3145.
583 At least quarterly, the executive director of the plan or his or
584 her designee shall submit to the Commission on Ethics a list of
585 names of the senior managers, officers, and members of the board
586 of governors who are subject to the public disclosure
587 requirements under s. 112.3145. Notwithstanding s. 112.313, an
588 employee, officer, owner, or director of an insurance agency,
589 insurance company, or other insurance entity may be a member of
590 the board of governors unless such employee, officer, owner, or
591 director of an insurance agency, insurance company, other
592 insurance entity, or an affiliate provides policy issuance,
593 policy administration, underwriting, claims handling, or payroll
594 audit services. Notwithstanding s. 112.3143, such board member
595 may not participate in or vote on a matter if the insurance
596 agency, insurance company, or other insurance entity would
597 obtain a special or unique benefit that would not apply to other
598 similarly situated insurance entities.
599 Section 21. For the purpose of incorporating the amendments
600 made by this act to section 112.313, Florida Statutes, in a
601 reference thereto, paragraph (a) of subsection (26) of section
602 1002.33, Florida Statutes, is reenacted to read:
603 1002.33 Charter schools.—
604 (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
605 (a) A member of a governing board of a charter school,
606 including a charter school operated by a private entity, is
607 subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).
608 Section 22. For the purpose of incorporating the amendments
609 made by this act to section 112.313, Florida Statutes, in a
610 reference thereto, paragraph (f) of subsection (6) of section
611 1002.333, Florida Statutes, is reenacted to read:
612 1002.333 Persistently low-performing schools.—
613 (6) STATUTORY AUTHORITY.—
614 (f) Schools of hope operated by a hope operator shall be
615 exempt from chapters 1000-1013 and all school board policies.
616 However, a hope operator shall be in compliance with the laws in
617 chapters 1000-1013 relating to:
618 1. The student assessment program and school grading
619 system.
620 2. Student progression and graduation.
621 3. The provision of services to students with disabilities.
622 4. Civil rights, including s. 1000.05, relating to
623 discrimination.
624 5. Student health, safety, and welfare.
625 6. Public meetings and records, public inspection, and
626 criminal and civil penalties pursuant to s. 286.011. The
627 governing board of a school of hope must hold at least two
628 public meetings per school year in the school district in which
629 the school of hope is located. Any other meetings of the
630 governing board may be held in accordance with s. 120.54(5)(b)2.
631 7. Public records pursuant to chapter 119.
632 8. The code of ethics for public officers and employees
633 pursuant to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).
634 Section 23. For the purpose of incorporating the amendments
635 made by this act to section 112.313, Florida Statutes, in a
636 reference thereto, subsection (9) of section 1002.83, Florida
637 Statutes, is reenacted to read:
638 1002.83 Early learning coalitions.—
639 (9) Each member of an early learning coalition is subject
640 to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
641 112.3143(3)(a), each voting member is a local public officer who
642 must abstain from voting when a voting conflict exists.
643 Section 24. This act shall take effect July 1, 2024.