Bill Text: FL S0734 | 2024 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Government Accountability
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2024-03-08 - Died in Appropriations [S0734 Detail]
Download: Florida-2024-S0734-Comm_Sub.html
Bill Title: Government Accountability
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2024-03-08 - Died in Appropriations [S0734 Detail]
Download: Florida-2024-S0734-Comm_Sub.html
Florida Senate - 2024 CS for SB 734
By the Committee on Community Affairs; and Senator Ingoglia
578-02599-24 2024734c1
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; making technical changes;
7 creating s. 112.3262, F.S.; defining terms;
8 prohibiting a person from lobbying a county,
9 municipality, or special district unless he or she is
10 registered as a lobbyist; establishing registration
11 requirements; requiring that lobbyist registrations be
12 made available to the public; establishing procedures
13 for canceling of a lobbyist’s registration;
14 authorizing a county, municipality, or special
15 district to establish a lobbyist registration fee;
16 requiring a county, municipality, or special district
17 to monitor compliance with lobbyist registration
18 requirements; requiring a Commission on Ethics and
19 Public Trust established by a county or municipality
20 or the Commission on Ethics, as applicable, to
21 investigate a lobbyist or principal upon receipt of a
22 sworn complaint containing certain allegations;
23 requiring a Commission on Ethics and Public Trust or
24 the Commission on Ethics, as applicable, to provide
25 the chief executive officer of the county or
26 municipality or the governing body of the special
27 district with a report on the findings and
28 recommendations arising out of the investigation;
29 authorizing the chief executive officer of the county
30 or municipality or the governing body of the special
31 district to enforce the findings and recommendations;
32 authorizing counties and municipalities to adopt
33 ordinances, and special districts to adopt rules,
34 governing lobbyist registration and fees; providing
35 construction; amending s. 125.73, F.S.; prohibiting
36 the governing body of a county from renewing or
37 extending the employment contract of a county
38 administrator during a specified timeframe; providing
39 an exception; creating s. 125.75, F.S.; prohibiting
40 the governing body of a county from renewing or
41 extending the employment contract of the county
42 attorney during a specified timeframe; providing an
43 exception; amending s. 166.021, F.S.; prohibiting the
44 governing body of a municipality from renewing or
45 extending the employment contract of a chief executive
46 officer of the municipality or the city attorney
47 during a specified timeframe; providing exceptions;
48 amending s. 1001.50, F.S.; prohibiting a district
49 school board from renewing or extending the employment
50 contract of a district school superintendent during a
51 specified timeframe; providing an exception; creating
52 s. 1012.336, F.S.; prohibiting a district school board
53 from renewing or extending the employment contract of
54 the general counsel of the district school board
55 during a specified timeframe; providing an exception;
56 amending s. 112.061, F.S.; conforming cross
57 references; reenacting ss. 28.35(1)(b), 112.3136(1),
58 112.3251, 288.012(6)(d), 288.8014(4), 288.9604(3)(a),
59 295.21(4)(d), 406.06(5), 447.509(1)(d), 627.311(5)(m),
60 1002.33(26)(a), 1002.333(6)(f), and 1002.83(9), F.S.,
61 relating to members of the executive council of the
62 Florida Clerks of Court Operations Corporation,
63 standards of conduct for officers and employees of
64 entities serving as chief administrative officers of
65 political subdivisions, the ethics code and standards
66 of conduct for citizen support and direct-support
67 organizations, senior managers and members of the
68 board of directors of the direct-support organization
69 of State of Florida international offices, standards
70 of conduct for members of the board of directors of
71 Triumph Gulf Coast, Inc., directors of the Florida
72 Development Finance Corporation, standards of conduct
73 for the board of directors of Florida Is For Veterans,
74 Inc., standards of conduct for district and associate
75 medical examiners, prohibited actions of employee
76 organizations, their members, agents, representatives,
77 or persons acting on their behalf, standards of
78 conduct for senior managers, officers, and members of
79 the board of governors of the Office of Insurance
80 Regulation, standards of conduct and financial
81 disclosure for members of a governing board of a
82 charter school, those operating schools of hope, and
83 standards of conduct for members of an early learning
84 coalition, respectively, to incorporate the amendments
85 made to s. 112.313, F.S., in references thereto;
86 providing an effective date.
87
88 Be It Enacted by the Legislature of the State of Florida:
89
90 Section 1. Subsections (1) and (2) of section 112.313,
91 Florida Statutes, are amended to read:
92 112.313 Standards of conduct for public officers, employees
93 of agencies, and local government attorneys.—
94 (1) DEFINITIONS DEFINITION.—As used in this section, unless
95 the context otherwise requires, the term:
96 (a) “Foreign country of concern” has the same meaning as in
97 s. 286.101.
98 (b) “Public officer” includes any person elected or
99 appointed to hold office in any agency, including any person
100 serving on an advisory body.
101 (2) SOLICITATION OR ACCEPTANCE OF GIFTS.—
102 (a) A No public officer, an employee of an agency, a local
103 government attorney, or a candidate for nomination or election
104 may not shall solicit or accept anything of value to the
105 recipient, including a gift, loan, reward, promise of future
106 employment, favor, or service, based upon any understanding that
107 the vote, official action, or judgment of the public officer,
108 employee, local government attorney, or candidate would be
109 influenced thereby.
110 (b) A public officer, an employee of an agency, a local
111 government attorney, or a candidate for nomination or election
112 may not solicit or accept anything of value to the recipient,
113 including a gift, loan, reward, promise of future employment,
114 favor, or service, from a foreign country of concern.
115 Section 2. Section 112.3262, Florida Statutes, is created
116 to read:
117 112.3262 Lobbying before special districts, counties, and
118 municipalities; registration and reporting.—
119 (1) As used in this section, the term:
120 (a) “Lobby” or “lobbies” means to seek, on behalf of
121 another person or group, to influence a county, municipality, or
122 special district with respect to a decision of that entity in an
123 area of policy or procurement or in an attempt to obtain the
124 goodwill of an official or employee of such entity. The term
125 must be interpreted and applied consistently with the rules of
126 the commission implementing s. 112.3215.
127 (b) “Lobbyist” has the same meaning as in s. 112.3215(1).
128 (c) “Principal” has the same meaning as in s. 112.3215(1).
129 (2) A person may not lobby a county, municipality, or
130 special district unless he or she is registered as a lobbyist
131 with such entity. Such registration is due upon the person’s
132 initial retention as a lobbyist and is renewable on a calendar
133 year basis thereafter. Such person shall, at the time of
134 registration, provide a statement signed by the principal or
135 principal’s representative stating that the registrant is
136 authorized to represent the principal. The statement must also
137 identify and designate the principal’s main business and
138 authorize the registrant pursuant to a classification system
139 approved by the county, municipality, or special district, as
140 applicable. Any changes in the information provided pursuant to
141 this subsection must be disclosed within 15 days after the
142 change occurs by filing a new registration form. The
143 registration form must require each lobbyist to disclose, under
144 oath, all of the following information:
145 (a) The lobbyist’s name and business address.
146 (b) The name and business address of each principal
147 represented.
148 (c) The existence of any direct or indirect business
149 association, partnership, or financial relationship the lobbyist
150 has with any officer or employee of the county, municipality, or
151 special district that he or she lobbies or intends to lobby.
152 (3) In lieu of creating its own lobbyist registration form,
153 a county, municipality, or special district may accept a
154 completed legislative branch or executive branch lobbyist
155 registration form.
156 (4) A county, municipality, or special district shall make
157 lobbyist registrations available to the public. If a county,
158 municipality, or special district maintains a website, the
159 website must make available a database of currently registered
160 lobbyists and principals.
161 (5) A lobbyist shall promptly send a written statement to
162 the county, municipality, or special district, as applicable,
163 canceling the registration for a principal upon termination of
164 the lobbyist’s representation of that principal. A county,
165 municipality, or special district may remove the name of a
166 lobbyist from the list of registered lobbyists if the principal
167 notifies the county, municipality, or district that a person is
168 no longer authorized to represent that principal.
169 (6) A county, municipality, or special district may
170 establish an annual lobbyist registration fee, not to exceed
171 $40, for each principal represented. The county, municipality,
172 or special district may use registration fees only to administer
173 this section.
174 (7) A county, municipality, or special district must be
175 diligent in ascertaining whether persons required to register
176 pursuant to this section have complied. A county, municipality,
177 or special district may not knowingly authorize a person who is
178 not registered pursuant to this section to lobby the county,
179 municipality, or special district.
180 (8)(a) Upon receipt of a sworn complaint alleging that a
181 lobbyist or principal has failed to register with a county or
182 municipality or has knowingly submitted false information in a
183 report or registration required under this section, a Commission
184 on Ethics and Public Trust established by the county or
185 municipality or, if the county or municipality has not
186 established such a commission, the Commission on Ethics shall
187 investigate the lobbyist or principal pursuant to the procedures
188 established under s. 112.324. The commission shall provide the
189 chief executive officer of the county or municipality with a
190 report of its findings and recommendations arising out of any
191 investigation conducted under this subsection. The chief
192 executive officer of the county or municipality may enforce the
193 commission’s findings and recommendations.
194 (b) Upon receipt of a sworn complaint alleging that a
195 lobbyist or principal has failed to register with a special
196 district or has knowingly submitted false information in a
197 report or registration required under this section, the
198 commission shall investigate the lobbyist or principal pursuant
199 to the procedures established under s. 112.324. The commission
200 shall provide the governing body of the special district with a
201 report of its findings and recommendations arising out of any
202 investigation conducted under this subsection. The governing
203 body of the special district may enforce the commission’s
204 findings and recommendations.
205 (9) Counties and municipalities may adopt ordinances, and
206 special districts may adopt rules, to establish procedures to
207 govern the registration of lobbyists, including the adoption of
208 forms and the establishment of a lobbyist registration fee.
209 (10) This section does not preempt or supersede any
210 ordinance or charter provision establishing a lobbyist
211 registration program adopted before July 1, 2024, but this
212 section shall prevail to the extent of any conflict. In
213 accordance with s. 112.326, any ordinance or rule adopted
214 pursuant to this section may include additional or more
215 stringent disclosure requirements so long as the requirements do
216 not otherwise conflict with this section.
217 Section 3. Subsection (5) is added to section 125.73,
218 Florida Statutes, to read:
219 125.73 County administrator; appointment, qualifications,
220 compensation.—
221 (5) The governing body of a county may not renew or extend
222 the employment contract of a county administrator during the 8
223 months immediately preceding a general election for county
224 mayor, if applicable, or for members of the governing body of
225 the county unless the governing body approves such renewal or
226 extension by a unanimous vote.
227 Section 4. Section 125.75, Florida Statutes, is created to
228 read:
229 125.75 Contract for the county attorney.—The governing body
230 of a county may not renew or extend the contract of the county
231 attorney during the 8 months immediately preceding a general
232 election for county mayor, if applicable, or for members of the
233 governing body of the county unless the governing body approves
234 such renewal or extension by a unanimous vote.
235 Section 5. Present subsection (9) of section 166.021,
236 Florida Statutes, is redesignated as subsection (10), and a new
237 subsection (9) is added to that section, to read:
238 166.021 Powers.—
239 (9)(a) The governing body of a municipality may not renew
240 or extend the employment contract of a chief executive officer
241 of the municipality during the 8 months immediately preceding a
242 general election for the municipal mayor or for members of the
243 governing body of the municipality unless the governing body
244 approves such renewal or extension by a unanimous vote.
245 (b) The governing body of a municipality may not renew or
246 extend the employment contract of the city attorney during the 8
247 months immediately preceding a general election for the
248 municipal mayor or for members of the governing body of the
249 municipality unless the governing body approves such renewal or
250 extension by a unanimous vote.
251 Section 6. Subsection (2) of section 1001.50, Florida
252 Statutes, is amended to read:
253 1001.50 Superintendents employed under Art. IX of the State
254 Constitution.—
255 (2) Each district school board shall enter into an
256 employment contract with the district school superintendent and
257 shall adopt rules relating to his or her appointment; however,
258 if the employment contract contains a provision for severance
259 pay, it must include the provisions required by s. 215.425. The
260 district school board may not renew or extend the employment
261 contract of a superintendent during the 8 months immediately
262 preceding a general election for district school board members
263 unless the district school board approves such renewal or
264 extension by a unanimous vote.
265 Section 7. Section 1012.336, Florida Statutes, is created
266 to read:
267 1012.336 Contracts with general counsels of district school
268 boards.—A district school board may not renew or extend the
269 employment contract of the general counsel of the district
270 school board during the 8 months immediately preceding a general
271 election for district school board members unless the district
272 school board approves such renewal or extension by a unanimous
273 vote.
274 Section 8. Paragraphs (a) and (c) of subsection (14) of
275 section 112.061, Florida Statutes, are amended to read:
276 112.061 Per diem and travel expenses of public officers,
277 employees, and authorized persons; statewide travel management
278 system.—
279 (14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT
280 SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING
281 ORGANIZATIONS.—
282 (a) The following entities may establish rates that vary
283 from the per diem rate provided in paragraph (6)(a), the
284 subsistence rates provided in paragraph (6)(b), or the mileage
285 rate provided in paragraph (7)(d) if those rates are not less
286 than the statutorily established rates that are in effect for
287 the 2005-2006 fiscal year:
288 1. The governing body of a county by the enactment of an
289 ordinance or resolution;
290 2. A county constitutional officer, pursuant to s. 1(d),
291 Art. VIII of the State Constitution, by the establishment of
292 written policy;
293 3. The governing body of a district school board by the
294 adoption of rules;
295 4. The governing body of a special district, as defined in
296 s. 189.012, except those special districts that are subject to
297 s. 166.021(10) s. 166.021(9), by the enactment of a resolution;
298 or
299 5. Any metropolitan planning organization created pursuant
300 to s. 339.175 or any other separate legal or administrative
301 entity created pursuant to s. 339.175 of which a metropolitan
302 planning organization is a member, by the enactment of a
303 resolution.
304 (c) Except as otherwise provided in this subsection,
305 counties, county constitutional officers and entities governed
306 by those officers, district school boards, special districts,
307 and metropolitan planning organizations, other than those
308 subject to s. 166.021(10) s. 166.021(9), remain subject to the
309 requirements of this section.
310 Section 9. For the purpose of incorporating the amendments
311 made by this act to section 112.313, Florida Statutes, in
312 references thereto, paragraph (b) of subsection (1) of section
313 28.35, Florida Statutes, is reenacted to read:
314 28.35 Florida Clerks of Court Operations Corporation.—
315 (1)
316 (b)1. The executive council shall be composed of eight
317 clerks of the court elected by the clerks of the courts for a
318 term of 2 years, with two clerks from counties with a population
319 of fewer than 100,000, two clerks from counties with a
320 population of at least 100,000 but fewer than 500,000, two
321 clerks from counties with a population of at least 500,000 but
322 fewer than 1 million, and two clerks from counties with a
323 population of 1 million or more. The executive council shall
324 also include, as ex officio members, a designee of the President
325 of the Senate and a designee of the Speaker of the House of
326 Representatives. The Chief Justice of the Supreme Court shall
327 designate one additional member to represent the state courts
328 system.
329 2. Members of the executive council of the corporation are
330 subject to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135;
331 and 112.3143(2). For purposes of applying ss. 112.313(1)-(8),
332 (10), (12), and (15); 112.3135; and 112.3143(2) to activities of
333 executive council members, members shall be considered public
334 officers and the corporation shall be considered the members’
335 agency.
336 Section 10. For the purpose of incorporating the amendments
337 made by this act to section 112.313, Florida Statutes, in
338 references thereto, subsection (1) of section 112.3136, Florida
339 Statutes, is reenacted to read:
340 112.3136 Standards of conduct for officers and employees of
341 entities serving as chief administrative officer of political
342 subdivisions.—The officers, directors, and chief executive
343 officer of a corporation, partnership, or other business entity
344 that is serving as the chief administrative or executive officer
345 or employee of a political subdivision, and any business entity
346 employee who is acting as the chief administrative or executive
347 officer or employee of the political subdivision, for the
348 purposes of the following sections, are public officers and
349 employees who are subject to the following standards of conduct
350 of this part:
351 (1) Section 112.313, and their “agency” is the political
352 subdivision that they serve; however, the contract under which
353 the business entity serves as chief executive or administrative
354 officer of the political subdivision is not deemed to violate s.
355 112.313(3) or (7).
356 Section 11. For the purpose of incorporating the amendments
357 made by this act to section 112.313, Florida Statutes, in
358 references thereto, section 112.3251, Florida Statutes, is
359 reenacted to read:
360 112.3251 Citizen support and direct-support organizations;
361 standards of conduct.—A citizen support or direct-support
362 organization created or authorized pursuant to law must adopt
363 its own ethics code. The ethics code must contain the standards
364 of conduct and disclosures required under ss. 112.313 and
365 112.3143(2), respectively. However, an ethics code adopted
366 pursuant to this section is not required to contain the
367 standards of conduct specified in s. 112.313(3) or (7). The
368 citizen support or direct-support organization may adopt
369 additional or more stringent standards of conduct and disclosure
370 requirements if those standards of conduct and disclosure
371 requirements do not otherwise conflict with this part. The
372 ethics code must be conspicuously posted on the citizen support
373 or direct-support organization’s website.
374 Section 12. For the purpose of incorporating the amendments
375 made by this act to section 112.313, Florida Statutes, in
376 references thereto, paragraph (d) of subsection (6) of section
377 288.012, Florida Statutes, is reenacted to read:
378 288.012 State of Florida international offices; direct
379 support organization.—The Legislature finds that the expansion
380 of international trade and tourism is vital to the overall
381 health and growth of the economy of this state. This expansion
382 is hampered by the lack of technical and business assistance,
383 financial assistance, and information services for businesses in
384 this state. The Legislature finds that these businesses could be
385 assisted by providing these services at State of Florida
386 international offices. The Legislature further finds that the
387 accessibility and provision of services at these offices can be
388 enhanced through cooperative agreements or strategic alliances
389 between private businesses and state, local, and international
390 governmental entities.
391 (6)
392 (d) The senior managers and members of the board of
393 directors of the organization are subject to ss. 112.313(1)-(8),
394 (10), (12), and (15); 112.3135; and 112.3143(2). For purposes of
395 applying ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
396 112.3143(2) to activities of the president and staff, those
397 persons shall be considered public officers or employees and the
398 corporation shall be considered their agency. The exemption set
399 forth in s. 112.313(12) for advisory boards applies to the
400 members of board of directors. Further, each member of the board
401 of directors who is not otherwise required to file financial
402 disclosures pursuant to s. 8, Art. II of the State Constitution
403 or s. 112.3144, shall file disclosure of financial interests
404 pursuant to s. 112.3145.
405 Section 13. For the purpose of incorporating the amendments
406 made by this act to section 112.313, Florida Statutes, in
407 references thereto, subsection (4) of section 288.8014, Florida
408 Statutes, is reenacted to read:
409 288.8014 Triumph Gulf Coast, Inc.; organization; board of
410 directors.—
411 (4) The Legislature determines that it is in the public
412 interest for the members of the board of directors to be subject
413 to the requirements of ss. 112.313, 112.3135, and 112.3143,
414 notwithstanding the fact that the board members are not public
415 officers or employees. For purposes of those sections, the board
416 members shall be considered to be public officers or employees.
417 In addition to the postemployment restrictions of s. 112.313(9),
418 a person appointed to the board of directors must agree to
419 refrain from having any direct interest in any contract,
420 franchise, privilege, project, program, or other benefit arising
421 from an award by Triumph Gulf Coast, Inc., during the term of
422 his or her appointment and for 6 years after the termination of
423 such appointment. It is a misdemeanor of the first degree,
424 punishable as provided in s. 775.082 or s. 775.083, for a person
425 to accept appointment to the board of directors in violation of
426 this subsection or to accept a direct interest in any contract,
427 franchise, privilege, project, program, or other benefit granted
428 by Triumph Gulf Coast, Inc., to an awardee within 6 years after
429 the termination of his or her service on the board. Further,
430 each member of the board of directors who is not otherwise
431 required to file financial disclosure under s. 8, Art. II of the
432 State Constitution or s. 112.3144 shall file disclosure of
433 financial interests under s. 112.3145.
434 Section 14. For the purpose of incorporating the amendments
435 made by this act to section 112.313, Florida Statutes, in
436 references thereto, paragraph (a) of subsection (3) of section
437 288.9604, Florida Statutes, is reenacted to read:
438 288.9604 Creation of the corporation.—
439 (3)(a)1. A director may not receive compensation for his or
440 her services, but is entitled to necessary expenses, including
441 travel expenses, incurred in the discharge of his or her duties.
442 Each appointed director shall hold office until his or her
443 successor has been appointed.
444 2. Directors are subject to ss. 112.313(1)-(8), (10), (12),
445 and (15); 112.3135; and 112.3143(2). For purposes of applying
446 ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
447 112.3143(2) to activities of directors, directors are considered
448 public officers and the corporation is considered their agency.
449 Section 15. For the purpose of incorporating the amendments
450 made by this act to section 112.313, Florida Statutes, in
451 references thereto, paragraph (d) of subsection (4) of section
452 295.21, Florida Statutes, is reenacted to read:
453 295.21 Florida Is For Veterans, Inc.—
454 (4) GOVERNANCE.—
455 (d) The Legislature finds that it is in the public interest
456 for the members of the board of directors to be subject to the
457 requirements of ss. 112.313, 112.3135, and 112.3143.
458 Notwithstanding the fact that they are not public officers or
459 employees, for purposes of ss. 112.313, 112.3135, and 112.3143,
460 the board members shall be considered to be public officers or
461 employees. In addition to the postemployment restrictions of s.
462 112.313(9), a person appointed to the board of directors may not
463 have direct interest in a contract, franchise, privilege,
464 project, program, or other benefit arising from an award by the
465 corporation during the appointment term and for 2 years after
466 the termination of such appointment. A person who accepts
467 appointment to the board of directors in violation of this
468 subsection, or accepts a direct interest in a contract,
469 franchise, privilege, project, program, or other benefit granted
470 by the corporation to an awardee within 2 years after the
471 termination of his or her service on the board, commits a
472 misdemeanor of the first degree, punishable as provided in s.
473 775.082 or s. 775.083. Further, each member of the board of
474 directors who is not otherwise required to file financial
475 disclosure under s. 8, Art. II of the State Constitution or s.
476 112.3144 shall file a statement of financial interests under s.
477 112.3145.
478 Section 16. For the purpose of incorporating the amendments
479 made by this act to section 112.313, Florida Statutes, in a
480 reference thereto, subsection (5) of section 406.06, Florida
481 Statutes, is reenacted to read:
482 406.06 District medical examiners; associates; suspension
483 of medical examiners.—
484 (5) District medical examiners and associate medical
485 examiners are public officers for purposes of s. 112.313 and the
486 standards of conduct prescribed thereunder.
487 Section 17. For the purpose of incorporating the amendments
488 made by this act to section 112.313, Florida Statutes, in
489 references thereto, paragraph (d) of subsection (1) of section
490 447.509, Florida Statutes, is reenacted to read:
491 447.509 Other unlawful acts.—
492 (1) Employee organizations, their members, agents, or
493 representatives, or any persons acting on their behalf are
494 hereby prohibited from:
495 (d) Offering anything of value to a public officer as
496 defined in s. 112.313(1) which the public officer is prohibited
497 from accepting under s. 112.313(2).
498 Section 18. For the purpose of incorporating the amendments
499 made by this act to section 112.313, Florida Statutes, in
500 references thereto, paragraph (m) of subsection (5) of section
501 627.311, Florida Statutes, is reenacted to read:
502 627.311 Joint underwriters and joint reinsurers; public
503 records and public meetings exemptions.—
504 (5)
505 (m) Senior managers and officers, as defined in the plan of
506 operation, and members of the board of governors are subject to
507 the provisions of ss. 112.313, 112.3135, 112.3143, 112.3145,
508 112.316, and 112.317. Senior managers, officers, and board
509 members are also required to file such disclosures with the
510 Commission on Ethics and the Office of Insurance Regulation. The
511 executive director of the plan or his or her designee shall
512 notify each newly appointed and existing appointed member of the
513 board of governors, senior manager, and officer of his or her
514 duty to comply with the reporting requirements of s. 112.3145.
515 At least quarterly, the executive director of the plan or his or
516 her designee shall submit to the Commission on Ethics a list of
517 names of the senior managers, officers, and members of the board
518 of governors who are subject to the public disclosure
519 requirements under s. 112.3145. Notwithstanding s. 112.313, an
520 employee, officer, owner, or director of an insurance agency,
521 insurance company, or other insurance entity may be a member of
522 the board of governors unless such employee, officer, owner, or
523 director of an insurance agency, insurance company, other
524 insurance entity, or an affiliate provides policy issuance,
525 policy administration, underwriting, claims handling, or payroll
526 audit services. Notwithstanding s. 112.3143, such board member
527 may not participate in or vote on a matter if the insurance
528 agency, insurance company, or other insurance entity would
529 obtain a special or unique benefit that would not apply to other
530 similarly situated insurance entities.
531 Section 19. For the purpose of incorporating the amendments
532 made by this act to section 112.313, Florida Statutes, in a
533 reference thereto, paragraph (a) of subsection (26) of section
534 1002.33, Florida Statutes, is reenacted to read:
535 1002.33 Charter schools.—
536 (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
537 (a) A member of a governing board of a charter school,
538 including a charter school operated by a private entity, is
539 subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).
540 Section 20. For the purpose of incorporating the amendments
541 made by this act to section 112.313, Florida Statutes, in a
542 reference thereto, paragraph (f) of subsection (6) of section
543 1002.333, Florida Statutes, is reenacted to read:
544 1002.333 Persistently low-performing schools.—
545 (6) STATUTORY AUTHORITY.—
546 (f) Schools of hope operated by a hope operator shall be
547 exempt from chapters 1000-1013 and all school board policies.
548 However, a hope operator shall be in compliance with the laws in
549 chapters 1000-1013 relating to:
550 1. The student assessment program and school grading
551 system.
552 2. Student progression and graduation.
553 3. The provision of services to students with disabilities.
554 4. Civil rights, including s. 1000.05, relating to
555 discrimination.
556 5. Student health, safety, and welfare.
557 6. Public meetings and records, public inspection, and
558 criminal and civil penalties pursuant to s. 286.011. The
559 governing board of a school of hope must hold at least two
560 public meetings per school year in the school district in which
561 the school of hope is located. Any other meetings of the
562 governing board may be held in accordance with s. 120.54(5)(b)2.
563 7. Public records pursuant to chapter 119.
564 8. The code of ethics for public officers and employees
565 pursuant to ss. 112.313(2), (3), (7), and (12) and 112.3143(3).
566 Section 21. For the purpose of incorporating the amendments
567 made by this act to section 112.313, Florida Statutes, in a
568 reference thereto, subsection (9) of section 1002.83, Florida
569 Statutes, is reenacted to read:
570 1002.83 Early learning coalitions.—
571 (9) Each member of an early learning coalition is subject
572 to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
573 112.3143(3)(a), each voting member is a local public officer who
574 must abstain from voting when a voting conflict exists.
575 Section 22. This act shall take effect July 1, 2024.
