CS for SB 572 First Engrossed
2026572e1
1 A bill to be entitled
2 An act relating to ethics for public officers and
3 employees; amending s. 112.312, F.S.; revising the
4 definition of the term “relative” to include foster
5 parents and foster children; amending s. 112.3135,
6 F.S.; providing that specified provisions do not
7 prohibit a board, council, commission, or collegial
8 body from appointing, employing, promoting, or
9 advancing elected public officials who are related to
10 a leadership position on the same board, council,
11 commission, or collegial body; reenacting ss.
12 106.07(4)(a), 106.0702(4)(a), 348.0305, and 1001.421,
13 F.S., relating to a campaign treasurer’s reports of
14 campaign contributions; reports of campaign
15 contributions to candidates for a position on a
16 political party executive committee; ethical
17 requirements for officers, employees, and consultants
18 for the Greater Miami Expressway Agency; and gifts to
19 district school board members, respectively, to
20 incorporate the amendment made to s. 112.312, F.S., in
21 references thereto; reenacting ss. 28.35(1)(b),
22 288.012(6)(d), 288.8014(4), 288.9604(3)(a),
23 295.21(4)(d), 627.311(5)(m), 1002.33(24), 1002.83(9),
24 and 1012.23(2), F.S., relating to the executive
25 council of the Florida Clerks of Court Operations
26 Corporation; the senior managers and members of the
27 board of directors of the direct-support organization
28 of the State of Florida international offices; members
29 of the board of directors of Triumph Gulf Coast, Inc.;
30 the directors of the Florida Development Finance
31 Corporation; the board of directors of Florida Is For
32 Veterans, Inc.; senior managers and officers of joint
33 underwriters and joint insurers; charter school
34 personnel in schools operated by municipalities or
35 other public entities; members of early learning
36 coalitions; and prohibiting district school
37 superintendents and district school board members from
38 appointing or employing a relative, respectively, to
39 incorporate the amendment made to s. 112.3135, F.S.,
40 in references thereto; providing an effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Subsection (21) of section 112.312, Florida
45 Statutes, is amended to read:
46 112.312 Definitions.—As used in this part and for purposes
47 of the provisions of s. 8, Art. II of the State Constitution,
48 unless the context otherwise requires:
49 (21) “Relative,” unless otherwise specified in this part,
50 means an individual who is related to a public officer or
51 employee as father, mother, son, daughter, brother, sister,
52 uncle, aunt, first cousin, nephew, niece, husband, wife, father
53 in-law, mother-in-law, son-in-law, daughter-in-law, brother-in
54 law, sister-in-law, stepfather, stepmother, stepson,
55 stepdaughter, stepbrother, stepsister, half brother, half
56 sister, grandparent, great grandparent, grandchild, great
57 grandchild, step grandparent, step great grandparent, step
58 grandchild, or step great grandchild; an individual who, while
59 the public officer or employee was a minor, was his or her
60 legally recognized foster parent in the jurisdiction where the
61 relationship occurred or an individual who is a current or
62 former legally recognized foster child of the public officer or
63 employee in the jurisdiction where the relationship occurs or
64 occurred; a, person who is engaged to be married to the public
65 officer or employee or who otherwise holds himself or herself
66 out as or is generally known as the person whom the public
67 officer or employee intends to marry or with whom the public
68 officer or employee intends to form a household;, or any other
69 natural person having the same legal residence as the public
70 officer or employee.
71 Section 2. Paragraph (c) is added to subsection (2) of
72 section 112.3135, Florida Statutes, to read:
73 112.3135 Restriction on employment of relatives.—
74 (2)
75 (c) This subsection does not prohibit the board, council,
76 commission, or collegial body on which an elected public
77 official serves from appointing, employing, promoting, or
78 advancing a relative who is an elected public official serving
79 on the same board, council, commission, or collegial body to a
80 leadership position thereof, nor does it prohibit an elected
81 public official serving on a board, council, commission, or
82 collegial body from advocating for the appointment, employment,
83 promotion, or advancement of a relative who is an elected public
84 official serving on the same board, council, commission, or
85 collegial body to a leadership position thereof.
86 Section 3. For the purpose of incorporating the amendment
87 made by this act to section 112.312, Florida Statutes, in a
88 reference thereto, paragraph (a) of subsection (4) of section
89 106.07, Florida Statutes, is reenacted to read:
90 106.07 Reports; certification and filing.—
91 (4)(a) Except for daily reports, to which only the
92 contributions provisions below apply, and except as provided in
93 paragraph (b), each report required by this section must
94 contain:
95 1. The full name, address, and occupation, if any, of each
96 person who has made one or more contributions to or for such
97 committee or candidate within the reporting period, together
98 with the amount and date of such contributions. For
99 corporations, the report must provide as clear a description as
100 practicable of the principal type of business conducted by the
101 corporation. However, if the contribution is $100 or less or is
102 from a relative, as defined in s. 112.312, provided that the
103 relationship is reported, the occupation of the contributor or
104 the principal type of business need not be listed.
105 2. The name and address of each political committee from
106 which the reporting committee or the candidate received, or to
107 which the reporting committee or candidate made, any transfer of
108 funds, together with the amounts and dates of all transfers.
109 3. Each loan for campaign purposes to or from any person or
110 political committee within the reporting period, together with
111 the full names, addresses, and occupations, and principal places
112 of business, if any, of the lender and endorsers, if any, and
113 the date and amount of such loans.
114 4. A statement of each contribution, rebate, refund, or
115 other receipt not otherwise listed under subparagraphs 1.
116 through 3.
117 5. The total sums of all loans, in-kind contributions, and
118 other receipts by or for such committee or candidate during the
119 reporting period. The reporting forms shall be designed to
120 elicit separate totals for in-kind contributions, loans, and
121 other receipts.
122 6. The full name and address of each person to whom
123 expenditures have been made by or on behalf of the committee or
124 candidate within the reporting period; the amount, date, and
125 purpose of each such expenditure; and the name and address of,
126 and office sought by, each candidate on whose behalf such
127 expenditure was made. However, expenditures made from the petty
128 cash fund provided by s. 106.12 need not be reported
129 individually.
130 7. The full name and address of each person to whom an
131 expenditure for personal services, salary, or reimbursement for
132 authorized expenses as provided in s. 106.021(3) has been made
133 and which is not otherwise reported, including the amount, date,
134 and purpose of such expenditure. However, expenditures made from
135 the petty cash fund provided for in s. 106.12 need not be
136 reported individually. Receipts for reimbursement for authorized
137 expenditures shall be retained by the treasurer along with the
138 records for the campaign account.
139 8. The total amount withdrawn and the total amount spent
140 for petty cash purposes pursuant to this chapter during the
141 reporting period.
142 9. The total sum of expenditures made by such committee or
143 candidate during the reporting period.
144 10. The amount and nature of debts and obligations owed by
145 or to the committee or candidate, which relate to the conduct of
146 any political campaign.
147 11. Transaction information for each credit card purchase.
148 Receipts for each credit card purchase shall be retained by the
149 treasurer with the records for the campaign account.
150 12. The amount and nature of any separate interest-bearing
151 accounts or certificates of deposit and identification of the
152 financial institution in which such accounts or certificates of
153 deposit are located.
154 13. The primary purposes of an expenditure made indirectly
155 through a campaign treasurer pursuant to s. 106.021(3) for goods
156 and services such as communications media placement or
157 procurement services, campaign signs, insurance, and other
158 expenditures that include multiple components as part of the
159 expenditure. The primary purpose of an expenditure shall be that
160 purpose, including integral and directly related components,
161 that comprises 80 percent of such expenditure.
162 Section 4. For the purpose of incorporating the amendment
163 made by this act to section 112.312, Florida Statutes, in a
164 reference thereto, paragraph (a) of subsection (4) of section
165 106.0702, Florida Statutes, is reenacted to read:
166 106.0702 Reporting; political party executive committee
167 candidates.—
168 (4)(a) Each report required by this section must contain:
169 1. The full name, address, and occupation of each person
170 who has made one or more contributions to or for the reporting
171 individual within the reporting period, together with the amount
172 and date of such contributions. For corporations, the report
173 must provide as clear a description as practicable of the
174 principal type of business conducted by the corporations.
175 However, if the contribution is $100 or less or is from a
176 relative, as defined in s. 112.312, provided that the
177 relationship is reported, the occupation of the contributor or
178 the principal type of business need not be listed.
179 2. The name and address of each political committee from
180 which the reporting individual has received, or to which the
181 reporting individual has made, any transfer of funds within the
182 reporting period, together with the amounts and dates of all
183 transfers.
184 3. Each loan for campaign purposes from any person or
185 political committee within the reporting period, together with
186 the full name, address, and occupation, and principal place of
187 business, if any, of the lender and endorser, if any, and the
188 date and amount of such loans.
189 4. A statement of each contribution, rebate, refund, or
190 other receipt not otherwise listed under subparagraphs 1.-3.
191 5. The total sums of all loans, in-kind contributions, and
192 other receipts by or for such reporting individual during the
193 reporting period. The reporting forms shall be designed to
194 elicit separate totals for in-kind contributions, loans, and
195 other receipts.
196 6. The full name and address of each person to whom
197 expenditures have been made by or on behalf of the reporting
198 individual within the reporting period; the amount, date, and
199 purpose of each such expenditure; and the name and address of,
200 and office sought by, each reporting individual on whose behalf
201 such expenditure was made.
202 7. The amount and nature of debts and obligations owed by
203 or to the reporting individual which relate to the conduct of
204 any political campaign.
205 8. Transaction information for each credit card purchase.
206 Receipts for each credit card purchase shall be retained by the
207 reporting individual.
208 9. The amount and nature of any separate interest-bearing
209 accounts or certificates of deposit and identification of the
210 financial institution in which such accounts or certificates of
211 deposit are located.
212 Section 5. For the purpose of incorporating the amendment
213 made by this act to section 112.312, Florida Statutes, in a
214 reference thereto, section 348.0305, Florida Statutes, is
215 reenacted to read:
216 348.0305 Ethics requirements.—
217 (1) Notwithstanding any other provision of law to the
218 contrary, members and employees of the agency are subject to
219 part III of chapter 112. As used in this section, the term:
220 (a) “Agency” means the Greater Miami Expressway Agency.
221 (b) “Lobby” means to seek to influence the agency, on
222 behalf of another person, with respect to a decision of the
223 agency in an area of policy or procurement or to attempt to
224 obtain the goodwill of an officer, employee, or consultant of
225 the agency. The term does not include representing a client in
226 any stage of applying for or seeking approval of any
227 administrative action, or opposition to such action, provided
228 such action does not require legislative discretion and is
229 subject to judicial review by petitioning for writ of
230 certiorari.
231 (c) “Lobbyist” means a person who is employed and receives
232 payment, or who contracts for economic consideration, to lobby
233 or a person who is principally employed for governmental affairs
234 by another person or entity to lobby on behalf of such person or
235 entity. The term does not include a person who:
236 1. Represents a client in a judicial proceeding or in a
237 formal administrative proceeding before the agency.
238 2. Is an officer or employee of any governmental entity
239 acting in the normal course of his or her duties.
240 3. Consults under contract with the agency and communicates
241 with the agency regarding issues related to the scope of
242 services in his or her contract.
243 4. Is an expert witness who is retained or employed by an
244 employer, principal, or client to provide only scientific,
245 technical, or other specialized information provided in agenda
246 materials or testimony only in public hearings, provided the
247 expert identifies such employer, principal, or client at such
248 hearing.
249 5. Seeks to procure a contract that is less than $20,000 or
250 a contract pursuant to s. 287.056.
251 (d) “Officer” means a member of the governing body of the
252 agency.
253 (e) “Principal” has the same meaning as in s. 112.3215.
254 (f) “Relative” has the same meaning as in s. 112.312.
255 (2)(a) A lobbyist may not be appointed or serve as a member
256 of the governing body of the agency.
257 (b) A person may not be appointed or serve as an officer if
258 that person currently represents or has in the previous 4 years
259 lobbied the agency or the former Miami-Dade County Expressway
260 Authority.
261 (c) A person may not be appointed or serve as an officer if
262 that person has in the previous 4 years done business, or been
263 an employee of a person or entity that has done business, with
264 the agency or the former Miami-Dade County Expressway Authority.
265 (d) A person may not be appointed or serve as an officer if
266 that person has in the previous 2 years been an employee of the
267 agency.
268 (3) An officer, employee, or consultant of the agency or of
269 the former Miami-Dade County Expressway Authority may not, for a
270 period of 4 years after vacation of his or her position with the
271 agency:
272 (a) Lobby the agency.
273 (b) Have an employment or contractual relationship with a
274 business entity in connection with a contract in which the
275 officer, employee, or consultant personally and substantially
276 participated through decision, approval, disapproval,
277 recommendation, rendering of advice, or investigation while he
278 or she was an officer, employee, or consultant of the agency.
279 When an agency employee’s position is eliminated and his or her
280 former duties are performed by the business entity, this
281 paragraph does not prohibit him or her from employment or a
282 contractual relationship with the business entity if the
283 employee’s participation in the contract was limited to
284 recommendation, rendering of advice, or investigation and if the
285 executive director of the agency determines that the best
286 interests of the agency will be served thereby and provides
287 prior written approval for the particular employee.
288 (c) Have or hold any employment or contractual relationship
289 with a business entity in connection with any contract for
290 contractual services which was within his or her responsibility
291 while an officer, employee, or consultant. If an agency
292 employee’s position is eliminated and his or her former duties
293 are performed by the business entity, this paragraph may be
294 waived by the executive director of the agency through prior
295 written approval for the particular employee if the executive
296 director determines that the best interests of the agency will
297 be served thereby.
298 (4) Each officer, employee, and consultant of the agency
299 must promptly disclose:
300 (a) Every relationship that may create a conflict between
301 his or her private interests and the performance of his or her
302 duties to the agency or that would impede the full and faithful
303 discharge of his or her duties to the agency.
304 (b) Any relative and any employment or contractual
305 relationship of such relative which, if held by the officer,
306 employee, or consultant, would violate any provision of s.
307 112.313.
308 (c) Any relative who is a lobbyist and such lobbyist’s
309 principal.
310 (d) Any direct or indirect interest in real property and
311 such interest of any relative if such property is located within
312 one-half mile of any actual or prospective agency project. The
313 executive director of the agency shall provide a corridor map
314 and a property ownership list reflecting the ownership of all
315 real property within the disclosure area, or an alignment map
316 with a list of associated owners, to all officers, employees,
317 and consultants.
318 (5) The disclosures required under subsection (4) must be
319 filed with the agency general counsel in the manner specified by
320 the general counsel. When the disclosure is filed by the general
321 counsel, a copy must be provided to the executive director of
322 the agency.
323 (6) A violation of this section shall be considered a
324 violation of the violator’s official, employment, or contractual
325 duties to the agency.
326 (7) Officers, employees, and consultants of the agency
327 shall be adequately informed and trained on the provisions of
328 this section and the state code of ethics and shall receive
329 ongoing ethics training.
330 (8) The state code of ethics shall apply to officers,
331 employees, and consultants of the agency, and this section shall
332 be enforced by the Commission on Ethics as part of the state
333 code of ethics.
334 (9) For purposes of this section, “consultant” does not
335 include firms or individuals retained by the agency to provide
336 architectural, engineering, landscape architecture, or
337 registered surveying and mapping services as described in s.
338 287.055.
339 Section 6. For the purpose of incorporating the amendment
340 made by this act to section 112.312, Florida Statutes, in a
341 reference thereto, section 1001.421, Florida Statutes, is
342 reenacted to read:
343 1001.421 Gifts.—Notwithstanding any other provision of law
344 to the contrary, district school board members and their
345 relatives, as defined in s. 112.312(21), may not directly or
346 indirectly solicit any gift, or directly or indirectly accept
347 any gift in excess of $50, from any person, vendor, potential
348 vendor, or other entity doing business with the school district.
349 The term “gift” has the same meaning as in s. 112.312(12).
350 Section 7. For the purpose of incorporating the amendment
351 made by this act to section 112.3135, Florida Statutes, in a
352 reference thereto, paragraph (b) of subsection (1) of section
353 28.35, Florida Statutes, is reenacted to read:
354 28.35 Florida Clerks of Court Operations Corporation.—
355 (1)
356 (b)1. The executive council shall be composed of eight
357 clerks of the court elected by the clerks of the courts for a
358 term of 2 years, with two clerks from counties with a population
359 of fewer than 100,000, two clerks from counties with a
360 population of at least 100,000 but fewer than 500,000, two
361 clerks from counties with a population of at least 500,000 but
362 fewer than 1 million, and two clerks from counties with a
363 population of 1 million or more. The executive council shall
364 also include, as ex officio members, a designee of the President
365 of the Senate and a designee of the Speaker of the House of
366 Representatives. The Chief Justice of the Supreme Court shall
367 designate one additional member to represent the state courts
368 system.
369 2. Members of the executive council of the corporation are
370 subject to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135;
371 and 112.3143(2). For purposes of applying ss. 112.313(1)-(8),
372 (10), (12), and (15); 112.3135; and 112.3143(2) to activities of
373 executive council members, members shall be considered public
374 officers and the corporation shall be considered the members’
375 agency.
376 Section 8. For the purpose of incorporating the amendment
377 made by this act to section 112.3135, Florida Statutes, in a
378 reference thereto, paragraph (d) of subsection (6) of section
379 288.012, Florida Statutes, is reenacted to read:
380 288.012 State of Florida international offices; direct
381 support organization.—The Legislature finds that the expansion
382 of international trade and tourism is vital to the overall
383 health and growth of the economy of this state. This expansion
384 is hampered by the lack of technical and business assistance,
385 financial assistance, and information services for businesses in
386 this state. The Legislature finds that these businesses could be
387 assisted by providing these services at State of Florida
388 international offices. The Legislature further finds that the
389 accessibility and provision of services at these offices can be
390 enhanced through cooperative agreements or strategic alliances
391 between private businesses and state, local, and international
392 governmental entities.
393 (6)
394 (d) The senior managers and members of the board of
395 directors of the organization are subject to ss. 112.313(1)-(8),
396 (10), (12), and (15); 112.3135; and 112.3143(2). For purposes of
397 applying ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
398 112.3143(2) to activities of the president and staff, those
399 persons shall be considered public officers or employees and the
400 corporation shall be considered their agency. The exemption set
401 forth in s. 112.313(12) for advisory boards applies to the
402 members of board of directors. Further, each member of the board
403 of directors who is not otherwise required to file financial
404 disclosures pursuant to s. 8, Art. II of the State Constitution
405 or s. 112.3144, shall file disclosure of financial interests
406 pursuant to s. 112.3145.
407 Section 9. For the purpose of incorporating the amendment
408 made by this act to section 112.3135, Florida Statutes, in a
409 reference thereto, subsection (4) of section 288.8014, Florida
410 Statutes, is reenacted to read:
411 288.8014 Triumph Gulf Coast, Inc.; organization; board of
412 directors.—
413 (4) The Legislature determines that it is in the public
414 interest for the members of the board of directors to be subject
415 to the requirements of ss. 112.313, 112.3135, and 112.3143,
416 notwithstanding the fact that the board members are not public
417 officers or employees. For purposes of those sections, the board
418 members shall be considered to be public officers or employees.
419 In addition to the postemployment restrictions of s. 112.313(9),
420 a person appointed to the board of directors must agree to
421 refrain from having any direct interest in any contract,
422 franchise, privilege, project, program, or other benefit arising
423 from an award by Triumph Gulf Coast, Inc., during the term of
424 his or her appointment and for 6 years after the termination of
425 such appointment. It is a misdemeanor of the first degree,
426 punishable as provided in s. 775.082 or s. 775.083, for a person
427 to accept appointment to the board of directors in violation of
428 this subsection or to accept a direct interest in any contract,
429 franchise, privilege, project, program, or other benefit granted
430 by Triumph Gulf Coast, Inc., to an awardee within 6 years after
431 the termination of his or her service on the board. Further,
432 each member of the board of directors who is not otherwise
433 required to file financial disclosure under s. 8, Art. II of the
434 State Constitution or s. 112.3144 shall file disclosure of
435 financial interests under s. 112.3145.
436 Section 10. For the purpose of incorporating the amendment
437 made by this act to section 112.3135, Florida Statutes, in a
438 reference thereto, paragraph (a) of subsection (3) of section
439 288.9604, Florida Statutes, is reenacted to read:
440 288.9604 Creation of the corporation.—
441 (3)(a)1. A director may not receive compensation for his or
442 her services, but is entitled to necessary expenses, including
443 travel expenses, incurred in the discharge of his or her duties.
444 Each appointed director shall hold office until his or her
445 successor has been appointed.
446 2. Directors are subject to ss. 112.313(1)-(8), (10), (12),
447 and (15); 112.3135; and 112.3143(2). For purposes of applying
448 ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
449 112.3143(2) to activities of directors, directors are considered
450 public officers and the corporation is considered their agency.
451 Section 11. For the purpose of incorporating the amendment
452 made by this act to section 112.3135, Florida Statutes, in a
453 reference thereto, paragraph (d) of subsection (4) of section
454 295.21, Florida Statutes, is reenacted to read:
455 295.21 Florida Is For Veterans, Inc.—
456 (4) GOVERNANCE.—
457 (d) The Legislature finds that it is in the public interest
458 for the members of the board of directors to be subject to the
459 requirements of ss. 112.313, 112.3135, and 112.3143.
460 Notwithstanding the fact that they are not public officers or
461 employees, for purposes of ss. 112.313, 112.3135, and 112.3143,
462 the board members shall be considered to be public officers or
463 employees. In addition to the postemployment restrictions of s.
464 112.313(9), a person appointed to the board of directors may not
465 have direct interest in a contract, franchise, privilege,
466 project, program, or other benefit arising from an award by the
467 corporation during the appointment term and for 2 years after
468 the termination of such appointment. A person who accepts
469 appointment to the board of directors in violation of this
470 subsection, or accepts a direct interest in a contract,
471 franchise, privilege, project, program, or other benefit granted
472 by the corporation to an awardee within 2 years after the
473 termination of his or her service on the board, commits a
474 misdemeanor of the first degree, punishable as provided in s.
475 775.082 or s. 775.083. Further, each member of the board of
476 directors who is not otherwise required to file financial
477 disclosure under s. 8, Art. II of the State Constitution or s.
478 112.3144 shall file a statement of financial interests under s.
479 112.3145.
480 Section 12. For the purpose of incorporating the amendment
481 made by this act to section 112.3135, Florida Statutes, in a
482 reference thereto, paragraph (m) of subsection (5) of section
483 627.311, Florida Statutes, is reenacted to read:
484 627.311 Joint underwriters and joint reinsurers; public
485 records and public meetings exemptions.—
486 (5)
487 (m) Senior managers and officers, as defined in the plan of
488 operation, and members of the board of governors are subject to
489 the provisions of ss. 112.313, 112.3135, 112.3143, 112.3145,
490 112.316, and 112.317. Senior managers, officers, and board
491 members are also required to file such disclosures with the
492 Commission on Ethics and the Office of Insurance Regulation. The
493 executive director of the plan or his or her designee shall
494 notify each newly appointed and existing appointed member of the
495 board of governors, senior manager, and officer of his or her
496 duty to comply with the reporting requirements of s. 112.3145.
497 At least quarterly, the executive director of the plan or his or
498 her designee shall submit to the Commission on Ethics a list of
499 names of the senior managers, officers, and members of the board
500 of governors who are subject to the public disclosure
501 requirements under s. 112.3145. Notwithstanding s. 112.313, an
502 employee, officer, owner, or director of an insurance agency,
503 insurance company, or other insurance entity may be a member of
504 the board of governors unless such employee, officer, owner, or
505 director of an insurance agency, insurance company, other
506 insurance entity, or an affiliate provides policy issuance,
507 policy administration, underwriting, claims handling, or payroll
508 audit services. Notwithstanding s. 112.3143, such board member
509 may not participate in or vote on a matter if the insurance
510 agency, insurance company, or other insurance entity would
511 obtain a special or unique benefit that would not apply to other
512 similarly situated insurance entities.
513 Section 13. For the purpose of incorporating the amendment
514 made by this act to section 112.3135, Florida Statutes, in a
515 reference thereto, subsection (24) of section 1002.33, Florida
516 Statutes, is reenacted to read:
517 1002.33 Charter schools.—
518 (24) RESTRICTION ON EMPLOYMENT OF RELATIVES.—
519 (a) This subsection applies to charter school personnel in
520 a charter school operated by a private entity. As used in this
521 subsection, the term:
522 1. “Charter school personnel” means a president,
523 chairperson of the governing board of directors, superintendent,
524 governing board member, principal, assistant principal, or any
525 other person employed by the charter school who has equivalent
526 decisionmaking authority and in whom is vested the authority, or
527 to whom the authority has been delegated, to appoint, employ,
528 promote, or advance individuals or to recommend individuals for
529 appointment, employment, promotion, or advancement in connection
530 with employment in a charter school, including the authority as
531 a member of a governing body of a charter school to vote on the
532 appointment, employment, promotion, or advancement of
533 individuals.
534 2. “Relative” means father, mother, son, daughter, brother,
535 sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
536 father-in-law, mother-in-law, son-in-law, daughter-in-law,
537 brother-in-law, sister-in-law, stepfather, stepmother, stepson,
538 stepdaughter, stepbrother, stepsister, half brother, or half
539 sister.
540 (b) Charter school personnel may not appoint, employ,
541 promote, or advance, or advocate for appointment, employment,
542 promotion, or advancement, in or to a position in the charter
543 school in which the personnel are serving or over which the
544 personnel exercises jurisdiction or control any individual who
545 is a relative. An individual may not be appointed, employed,
546 promoted, or advanced in or to a position in a charter school if
547 such appointment, employment, promotion, or advancement has been
548 advocated by charter school personnel who serve in or exercise
549 jurisdiction or control over the charter school and who is a
550 relative of the individual or if such appointment, employment,
551 promotion, or advancement is made by the governing board of
552 which a relative of the individual is a member.
553 (c) The approval of budgets does not constitute
554 “jurisdiction or control” for the purposes of this subsection.
555
556 Charter school personnel in schools operated by a municipality
557 or other public entity are subject to s. 112.3135.
558 Section 14. For the purpose of incorporating the amendment
559 made by this act to section 112.3135, Florida Statutes, in a
560 reference thereto, subsection (9) of section 1002.83, Florida
561 Statutes, is reenacted to read:
562 1002.83 Early learning coalitions.—
563 (9) Each member of an early learning coalition is subject
564 to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
565 112.3143(3)(a), each voting member is a local public officer who
566 must abstain from voting when a voting conflict exists.
567 Section 15. For the purpose of incorporating the amendment
568 made by this act to section 112.3135, Florida Statutes, in a
569 reference thereto, subsection (2) of section 1012.23, Florida
570 Statutes, is reenacted to read:
571 1012.23 School district personnel policies.—
572 (2) Neither the district school superintendent nor a
573 district school board member may appoint or employ a relative,
574 as defined in s. 112.3135, to work under the direct supervision
575 of that district school board member or district school
576 superintendent. The limitations of this subsection do not apply
577 to employees appointed or employed before the election or
578 appointment of a school board member or district school
579 superintendent. The Commission on Ethics shall accept and
580 investigate any alleged violations of this section pursuant to
581 the procedures contained in ss. 112.322-112.3241.
582 Section 16. This act shall take effect upon becoming a law.