Agenda 01/10/2017 Item #10B 10.B
01/10/2017
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to advertise an ordinance for future
consideration which would amend the Collier County Ethics Ordinance (Ordinance No. 2003-53, as
amended), to reinstate certain limitations on the acceptance of gifts by all public officials and all
County employees.
OBJECTIVE: For the Board of County Commissioners (Board) to approve the proposed amendment to
the Ethics Ordinance and authorize the County Attorney to advertise an amending Ordinance for future
consideration.
CONSIDERATIONS: Collier County Ordinance No. 2003-53, as adopted on September 23, 2003,
superseded and repealed prior ordinances in order to clarify and strengthen the Collier County Ethics
Ordinance. The Board subsequently amended the Ordinance through its adoption of Ordinances Nos.
2004-05,2007-24, 2011-15, and 2013-39.
Ordinance No. 2013-39 relaxed certain limitations placed on the acceptance of gifts by all public officials
and all County employees. These changes were unnecessary and obfuscated the true intent of the Collier
County Ethics Ordinance.
The proposed ordinance reinstates the Ethics Ordinance to its original intent, which is a zero tolerance
ordinance on County officials and employees receiving gifts. Gifts are defined by Florida Statute; there is
a$4 exemption in the ordinance as to food and beverages during a meeting which the official or employee
is required to attend(such as accepting a cup of coffee).
Ordinance 2013-39 also included the following change to the Ethics Ordinance:
County Managerial Employee shall mean the County Manager, Assistant and/or Deputy County
Manager, County Attorney, Chief Assistant County Attorney and all Division Administrators,
and Department and Authority Directors of Collier County Government. Also included in this
definition are procurement employees and those county employees actively engaged in selecting
contractors or in supervising, overseeing, or vouchering for contract performance.
I believe this change was positive. With the exception of this change, this proposed amendment
essentially repeals Ordinance No. 2013-39.
FISCAL IMPACT: The estimated cost to advertise the proposed ordinance is$400.00.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: The proposed amendment was drafted by the Office of the County
Attorney and is approved as to form and legality. A majority vote of the Board is required for
approval. -JAK
RECOMMENDATION: That the Board approves the proposed amendment to the Ethics Ordinance and
authorizes the County Attorney to advertise this amendment and return to the Board for approval.
PREPARED BY: Penny Taylor, Commissioner, District 4
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10.B
01/10/2017
ATTACHMENT(S)
1. Ordinance 2013-39 (PDF)
2. Ordinance-Amend Ethics Ordinance 1-4-17 (DOCX)
3. Article X-Collier County Ethics Ordinance (DOCX)
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10.B
01/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.B
Item Summary: Recommendation to authorize the County Attorney to advertise an ordinance for
future consideration which would amend the Collier County Ethics Ordinance (Ordinance No. 2003-53,
as amended), to reinstate certain limitations on the acceptance of gifts by all public officials and all
County employees. (Commissioner Taylor)
Meeting Date: 01/10/2017
Prepared by:
Title: Executive Secretary to County Manager—County Manager's Office
Name: MaryJo Brock
01/01/2017 2:35 PM
Submitted by:
Title: County Manager—County Manager's Office
Name: Leo E. Ochs
01/01/2017 2:35 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/03/2017 7:49 AM
Budget and Management Office Mark lsackson Additional Reviewer Completed 01/04/2017 10:25 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 01/04/2017 2:53 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 01/04/2017 3:06 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/10/2017 9:00 AM
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,. ' 10.B.a
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{ Ll ORDINANCE NO. 2013 -39
) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
``-' COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003-53,
AS AMENDED, THE COLLIER COUNTY ETHICS ORDINANCE, BY
AMENDING SECTION FIVE, "DEFINITIONS;" SECTION SIX,
"STANDARDS OF CONDUCT;" AND SECTION NINE,
"SUPPLEMENTAL PROVISIONS," WHICH WILL BE RE-TITLED TO
"INCORPORATION OF STATE LAW BY GENERAL REFERENCE;"
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter I12, Part III. Florida Statutes, establishes a code of ethics and
provides standards of conduct for public officers and employees; and
WHEREAS, the Board of County Commissioners (Board) adopted Ordinance No. 2003-
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53, known as the Collier County Ethics Ordinance, to complement and enhance the�State
standards set forth in Chapter 112, Florida Statutes, and to further the public's trus-in therlocalz lI w
i2overnment; and
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WHEREAS, the Board subsequently amended Ordinance No. 2003-513,-through its;
adoption of Ordinance No. 2004-05 and Ordinance No. 2011-15; and
WHEREAS. the Board desires to revise Ordinance No. 2003-53. as amd.:In the• n
manner set forth below.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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SECTION ONE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 2003-53,
AS AMENDED.
Section 1=iye is hereby amended as follows:
SECTION FIVE: DEFINITIONS.
(a) For the purposes of this Ordinance, the definitions contained in Chapter 112, Part III.
Florida Statutes. shall apply and control, in accordance with the subject matter. unless the text
and:or context of this Ordinance provides otherwise.
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underlined is added:teat + t n is uei,ned.
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10.B.a
County Managerial Employee shall mean the County Manager, Assistant and/or Deputy
County Manager, County Attorney, Chief Assistant County Attorney and all Division
Administrators, and Department and Authority Directors of Collier County Government. Also
included in this definition are procurement employees and those county employees actively
engaged in selecting contractors or in supervising, overseeing, or vouchering for contract
performance.
Gift shall have the definition contained in Chapter 112, Part III, Florida Statutes, with the
following additions and exceptions:
(1) Additions:
a. Initiation fees.
(2) Exceptions:
"Gift" shall not include:
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d. Food or beverage accepted when: (i) offered free in the course of a
professional or civic meeting or group function at which attendance is
desirable because it will assist the person in performing his or her official
duties; or (ii) provided to all panelists or speakers when a person is
participating as a panelist or speaker in a program, seminar, or educational
conference. N
C)
In addition to all other circumstances where this Ordinance allows public
servants to accept food and beverages, and notwithstanding any other
section of this Ordinance or personnel manual to the contrary, public
officials and all county employees may accept food or beverage as
mentioned above in this subsection and consumed at a single sitting or
event only if the costs for said food or beverage do not exceed the greater
of$25 or the rate for the appropriate per diem allowance for said meal as
provided in Chapter 112, Florida Statutes. If, under circumstances beyond
the control of the donee, the costs exceeddiem this rate, the donee
may accept said food or beverage but shall file a written disclosure
statement within five working days of the acceptance with the County
Manager on a form provided by the County Manager.
The value of food or beverages, for purposes of this subsection, shall be
the price that the consuming public would be expected to pay for the same
item(s).
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10.B.a
i. Food or beverage items when offered as a customary courtesy to all
attendees at any business meeting or business activity at which attendance
by the public servant(s) in question is required or appropriate for purposes
of performing county job duties or county responsibilities, provided that
such food or beverage items would have a reasonably estimated value of
no more than $4:80 $25. . .. - . . - _. _. •_ .. . '_. : .
. - ... .. . - • - -- - . - -- - - - - --
. - , .. •- . .
SECTION TWO: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2003-53,
AS AMENDED.
Section Six is hereby amended as follows:
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SECTION SIX: STANDARDS OF CONDUCT
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(a) A public sepifrat official shall not accept a gift, directly or indirectly, if he or she
knows or reasonably should have known that it was given with the intent to reward or influence
him or her in the performance or nonperformance of his or her public duties. w
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(b) No public servant official shall participate in the selection of a vendor or the
approval of a contract if that employee has received a gift, directly or indirectly, from someone
representing the vendor or a contracting party, including gifts from relatives. Furthermore, no
public servant shall participate in permitting or inspection decisions if that employee has N
received a gift from the permit or inspection applicant/potential recipient or the °;
applicant/potential recipient's principal, including gifts from relatives. ra
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(d) The following gift prohibitions for public officials are enacted as additional and
more stringent standards of conduct than those specified Section 112.3148, Florida Statutes:
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(1) Public officials shall not solicit or accept, directly or indirectly, any fee,
compensation, gift, gratuity, favor, food, entertainment, loan, or any other thing of
monetary value, from anyone who the public official knows or reasonably should
know:
a. Has, or is seeking to obtain, contractual or other business or financial
relations with the county department or board with which the public
official is affiliated.
b. Conducts or represents a person or entity that conducts operations or
activities that are regulated by the county department or board with which
the public official is affiliated.
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Text underlined is added;text stfuek-#Feugh is deleted.
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10.B.a
c. Is seeking zoning, permitting, or inspection approval from the county
department or board with which the public official is affiliated.
d. Has interests that may be substantially affected by the performance or
non-performance of duties of the county public official.
e. Is in any way attempting to affect the official actions of the county public
official.
This paragraph is not intended to (1)prohibit a public official from obtaining a loan from
a financial institution at a rate and terms available to all other similarly situated members of the
public by virtue of occupation, affiliation, age, religion, sex, or national origin: (ii) to prevent
public officials from accepting a gift under $25 from a constituent or from a non-lobbyist, when
customary to do so, such as within the context of a social setting, unless he or she knows or
reasonably should have known that it was given with the intent to reward or influence him or her
in the performance or nonperformance of his or her public duties; or (iii) to otherwise accept
personal gifts from individuals who do not fall within the prohibitions set forth above when the o
circumstances demonstrate that the motivation for the gift was clearly the personal or social
relationship rather than an attempt to obtain the goodwill or otherwise influence the public
official in the performance of his or her official duties. ••
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C)
SECTION THREE: AMENDMENTS TO SECTION NINE OF ORDINANCE NO.
2003-53,AS AMENDED.
Section Nine is hereby amended as follows:
SECTION NINE: SUPPLEMENTAL PROVISIONS INCORPORATION OF STATE LAW 0
BY GENERAL REFERENCE.
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The provisions of State law governing ethics for public officers and employees, including
Chapter 112, Part III, Florida Statutes, are hereby incorporated by general reference as they may
exist and be amended from time to time. To the extent that the provisions of this Ordinance are
more stringent than those of State law, then this Ordinance shall apply.
the requirements of Chapter 112, Part III, Florida Statutes, entitled "Code of Ethics for Public
conflict between the provisions of this article and Chapter 112, Part III, Florida Statutes, the
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Text underlined is added;text struck threes is deleted.
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10.B.a
SECTION FOUR: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," `'article,"
or any other appropriate word.
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SECTION SIX: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State. p
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
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County. Florida, this `,4. ' day of , 2013.
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ATTEST: . BOARD OF COUNTY COMMISSIONERS
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DWIGHTE. BROCK.. Clexk COLLIER COUNTY. FLORIDA
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By: . `" 1 ` -�%-� By I
` put7✓ Glerl:/.�� GEORGiA.A\ ILLER, ESQ.
Attest as to Chairman
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CHAIRWOMAN
signature only.
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10.B.a
STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
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ORDINANCE 2013-39 �a
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which was adopted by the Board of County Commissioners w
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on the 14th day of May, 2013 , during Regular Session. N
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WITNESS my hand and the official seal of the Board of r
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County Commissioners of Collier County, Florida, this 20th =
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day of May, 2013 . :a
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DWIGHT E. BROCK .- -' w
Clerk of Courts Q
Ex-officio to ,Ao . , of
County Commisi vicars>- 'Y
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By: Martha Verg=
Deputy Cler
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10.B.b
ORDINANCE NO. 2017 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003-53,
AS AMENDED, THE COLLIER COUNTY ETHICS ORDINANCE, BY
AMENDING SECTION FIVE, "DEFINITIONS;" AND SECTION SIX,
"STANDARDS OF CONDUCT," IN ORDER TO REINSTATE CERTAIN
LIMITATIONS RELATING TO THE ACCEPTANCE OF GIFTS BY ALL
PUBLIC OFFICIALS AND ALL COUNTY EMPLOYEES AND BY
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AMENDING SECTION NINE AS IT REFERENCES CHAPTER 112,
PART III, FLORIDA STATUTES; PROVIDING FOR CONFLICT AND =_
SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
1c
WHEREAS, Chapter 112, Part III, Florida Statutes, establishes a code of ethics and
provides standards of conduct for public officers and employees; and N
WHEREAS, the Board of County Commissioners (Board) adopted Ordinance No. 2003-
53, known as the Collier County Ethics Ordinance, to complement and enhance the State
standards set forth in Chapter 112. Florida Statutes, and to further the public's trust in their local
government; and
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WHEREAS, the Board subsequently amended Ordinance No. 2003-53 through its
adoption of Ordinance No. 2004-05, Ordinance No. 2007-24, Ordinance No. 2011-15, and
Ordinance No. 2013-39; and
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WHEREAS, the Board desires to revise Ordinance No. 2003-53, as amended, in order
reinstate certain limitations relating to the acceptance of gifts by all public officials and all
County employees and restore a reference to Chapter 112. Part III, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 2003-53,
AS AMENDED.
Section Five is hereby amended as follows:
SECTION FIVE: DEFINITIONS.
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Text underlined is added: text struck through is deleted.
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10.B.b
(a) For the purposes of this Ordinance, the definitions contained in Chapter 112, Part III,
Florida Statutes, shall apply and control, in accordance with the subject matter, unless the text
and/or context of this Ordinance provides otherwise.
Advisory Board Member means any person appointed by the Board of County
Commissioners to any County board, committee or authority which has any final decision-
making authority. Such Boards include, but are not limited to:
Airport Authority
a)
Collier County Code Enforcement Board
Collier County Planning Commission
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Contractors Licensing Board
Library Advisory Board M
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Public Vehicle Advisory Committee ti
Utility Authority
County Employee shall mean any employee of Collier County, regardless of whether the
employee is ultimately supervised by the Board of County Commissioners, the County Manager, o
the County Attorney, the Airport Authority or the Executive Director of the Airport Authority.
County Managerial Employee shall mean the County Manager, Assistant and/or Deputy
County Manager, County Attorney, Chief Assistant County Attorney and all Division
Administrators, and Department and Authority Directors of Collier County Government. Also
included in this definition are procurement employees and those county employees actively
engaged in selecting contractors or in supervising, overseeing, or vouchering for contract a)
performance.
Gift shall have the definition contained in Chapter 112, Part III, Florida Statutes, with the 0
following additions and exceptions:
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(1) Additions:
a. Initiation fees.
(2) Exceptions:
"Gift" shall not include:
a. Salary, benefits, services, fees, commissions, gifts, or expenses associated
solely with the donee's non-county employment, business, or service as an
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10.B.b
employee, official or director of a corporation or organization. However,
for purposes of this exemption from the definition of "gift" in this
Ordinance, public servants may only engage in such non-county
employment or economic activity if: (1) such non-county employment or
economic activity does not create a conflict of interest as defined by
Section 112.312(8), Florida Statutes, i.e., a situation in which regard for a
private interest tends to lead to disregard of a public duty or interest; and
(2) all applicable county administrative procedures governing such non-
county employment or economic activity are followed.
b. Contributions or expenditures reported pursuant to Chapter 106, Florida
Statutes, campaign-related personal services provided without
compensation by individuals volunteering their time, or any other o
contribution or expenditure by a political party.
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c. Gifts received from relatives, as defined in this section, or gifts received
from a person who shares the same peimanent legal residence at the time M
of the gift. However, no public servant shall participate in the selection of N
a vendor or the approval of a contract if that employee has received a gift
from someone representing the vendor or a contracting party, including
gifts from relatives. Furthermore, no public servant shall participate in
permitting or inspection decisions if that employee has received a gift
from the permit or inspection applicant/potential recipient or the
applicant/potential recipient's principal, including gifts from relatives. t.
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d. Food or beverage accepted when: (i) offered free in the course of a
professional or civic meeting or group function at which attendance is
desirable because it will assist the person in performing his or her official -ts
duties; or (ii) provided to all panelists or speakers when a person is
participating as a panelist or speaker in a program, seminar, or educational
conference.
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In addition to all other circumstances where this Ordinance allows public
servants to accept food and beverages, and notwithstanding any other 0
section of this Ordinance or personnel manual to the contrary, public
officials and all county employees may accept food or beverage as E
mentioned above in this subsection and consumed at a single sitting or
event only if the costs for said food or beverage do not exceed the greater
of$25 or the rate for the appropriate per diem allowance for said meal as
provided in Chapter 112, Florida Statutes. If, under circumstances beyond
the control of the donee, the costs exceed the per diems rate, the donee
may accept said food or beverage but shall file a written disclosure
statement within five working days of the acceptance with the County
Manager on a form provided by the County Manager.
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Text underlined is added; text struck through is deleted.
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10.B.b
The value of food or beverages, for purposes of this subsection, shall be
the price that the consuming public would be expected to pay for the same
item(s).
e. Unsolicited advertising or promotional material such as pens, pencils,
notepads, calendars, and other items of nominal commercial value may be
accepted from individuals or entities that are not currently in a contractual
relationship or reasonably likely to seek a contractual relationship with
Collier County. Unsolicited job-related literature may be accepted as well.
f. Gifts given for participation in a program, seminar, or educational
conference when such gifts are:
1. Of nominal commercial value, and
2. In the nature of a remembrance traditional to the particular sponsoring
entity, or w
3. Provided to all participants in the program.
g. An award, plaque, certificate, or similar personalized item of nominal
commercial value given in recognition of the donee's public, civic,
charitable, or professional service.
h. A rate or terms on a debt, loan, goods, or services, which rate and terms
are customary and are at a government rate and terms available to all other
similarly situated government employees or officials, or rates and terms
which are available to similarly situated members of the public by virtue
of occupation, affiliation, age, religion, sex, or national origin.
Food or beverage items when offered as a customary courtesy to all
attendees at any business meeting or business activity at which attendance
by the public servant(s) in question is required or appropriate for purposes °;
of perfoinring county job duties or county responsibilities, provided that
such food or beverage items would have a reasonably estimated value of
no more than $4.00 $-?-5,to any member of the consuming public. By way 0
of example, such food and beverage items may include a cup of coffee. a
soda. bottled water, cookies or donuts.
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J. A rate offered to Commissioners at an event serving a valid public
purpose, which rate is less than that offered the general public, that
represents the actual cost of the event (such as food, beverage, and
entertainment) to the sponsor, but that does not include the charitable
donation otherwise included in the total cost to attend the event.
Commissioners may contact the event sponsor to seek this rate.
Lobbying shall mean, for compensation: influencing or attempting to influence legislative
or quasi-judicial action or non-action through oral or written communication or an attempt to
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10.B.b
obtain the good will of a member or employee of the Board or of a Collier County Advisory
Board or a quasi-judicial board.
Lobbyist shall mean:
(1) Any natural person who, for compensation, seeks, or sought during the preceding
twelve months, to influence the governmental decision-making of a reporting
individual or procurement employee or his or her agency or seeks, or sought
during the preceding twelve months, to encourage the passage, defeat, or
modification of any proposal or recommendation by the reporting individual or
procurement employee or his or her agency.
(2) A person who is employed and receives payment, or who contracts for economic o
consideration, for the purpose of lobbying, or a person who is principally
employed for governmental affairs by another person or governmental entity to
lobby on behalf of that other person or governmental entity.
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(3) A person who registers with the Board as a lobbyist pursuant to this Ordinance.
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(4) Attorneys representing clients in quasi-judicial matters are not considered
lobbyists or engaged in lobbying since, as judicial officers, their conduct is
regulated exclusively by the judicial branch. However, attorneys representing
clients or interests in legislative matters, for compensation, are engaged in
lobbying and are subject to the provisions contained in this Ordinance.
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Nominal commercial value means anything with a value of less than $50.00 in the 0
marketplace.
Principal shall mean the person, firm, corporation, or other entity that has employed or
retained a lobbyist.
a)
Procurement employee means any county employee who actively participates through as
decision, approval, disapproval, recommendation, preparation of any part of a purchase request,
influencing the content of any specification or procurement standard, rendering of advice, 0
investigation, or auditing or in any other advisory capacity in the procurement of contractual
services or commodities. E
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Public official means members of the Board of County Commissioners, advisory board
members, and county managerial employees.
Public servant includes all public officials and all county employees, as defined in this
Ordinance.
Relative, as used in this Ordinance, is one who is related to another by blood, marriage, or
adoption. The following relationships are included in this definition: husband, wife,parent, child,
brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, first cousin, father-in-law,
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10.B.b
mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, step grandparent, step grandchild, half brother, and
half sister.
Reporting individual means any public servant, who is required by law, pursuant to
Article II, Section 8 of the State Constitution or Section 112.3145, Florida Statutes, to file full or
limited public disclosure of his or her financial interests or any individual who has been elected
to, but has yet to officially assume the responsibilities of, public office.
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SECTION TWO: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2003-53,
AS AMENDED.
Section Six is hereby amended as follows:
SECTION SIX: STANDARDS OF CONDUCT
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(a) A public servant official shall not accept a gift, directly or indirectly, if he or she
knows or reasonably should have known that it was given with the intent to reward or influence ti
him or her in the performance or nonperformance of his or her public duties.
(b) No public servant official shall participate in the selection of a vendor or the
approval of a contract if that employee has received a gift, directly or indirectly, from someone CZ
representing the vendor or a contracting party, including gifts from relatives. Furthermore, no
public servant shall participate in permitting or inspection decisions if that employee has
received a gift from the permit or inspection applicant/potential recipient or the
applicant/potential recipient's principal, including gifts from relatives. w
(c) The following provisions regarding gifts from lobbyists are enacted as additional
and more stringent standards of conduct and disclosure requirements than those specified in
Section 112.3148, Florida Statutes: c
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(1) A reporting individual or procurement employee or any other person on his or her
behalf is prohibited from knowingly accepting, directly or indirectly, a gift from a o
political committee or a committee of continuous existence, as defined in Section
106.011, Florida Statutes, or from a lobbyist who lobbies the reporting
individual's or procurement employee's agency, or directly or indirectly on behalf
of the partner, firm, employer, or principal of a lobbyist. However, such a gift
may be accepted by such person on behalf of a governmental entity or a charitable
organization. If the gift is accepted on behalf of a governmental entity or
charitable organization, the person receiving the gift shall not maintain custody of
the gift for any period of time beyond that reasonably necessary to arrange for the
transfer of custody and ownership of the gift.
(2) A political committee or a committee of continuous existence, as defined in
Section 106.011, Florida Statutes; a lobbyist who lobbies a reporting individual's
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10.B.b
or procurement employee's agency; the partner, firm, employer or principal of a
lobbyist; or another on behalf of the lobbyist or partner, firm, principal, or
employer of the lobbyist is prohibited from giving, either directly or indirectly, a
gift to the reporting individual or procurement employee or any other person on
his or her behalf; however, such person may give a gift to a reporting individual
or procurement employee if the gift is intended to be transferred to a
governmental entity or a charitable organization.
(3) The prohibitions set forth in this Section 6 at (c)(1) and (c)(2) above, are not
intended to and shall not prevent a reporting individual or procurement employee
who is a declared candidate for elective public office from accepting campaign
contributions to the extent allowed by state or federal law.
(d) The following gift prohibitions for public officials are enacted as additional and
more stringent standards of conduct than those specified Section 112.3148, Florida Statutes:
(1) Public officials shall not solicit or accept, directly or indirectly, any fee,
compensation, gift, gratuity, favor, food, entertainment, loan, or any other thing of
monetary value, from anyone who the public official knows or reasonably should
know:
a. Has, or is seeking to obtain, contractual or other business or financial
relations with the county department or board with which the public
official is affiliated.
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b. Conducts or represents a person or entity that conducts operations or
activities that are regulated by the county department or board with which
the public official is affiliated. -0
E
c. Is seeking zoning, permitting, or inspection approval from the county
department or board with which the public official is affiliated.
d. Has interests that may be substantially affected by the performance or
non-performance of duties of the county public official. 0
e. Is in any way attempting to affect the official actions of the county public
official.
This paragraph is not intended to )prohibit a public official from obtaining a loan from
a financial institution at a rate and terms available to all other similarly situated members of the
public by virtue of occupation, affiliation, age, religion. sex, or national origin; or (ii) to prevent
customary to do so. such as within the context of a social sett, unless he or she knows or
reasonably should have known that it was given with the intent to rewaF4 or influence him or her
in the performance or nonperformance of his or her public duties; or (iii) to otherwise accept
7
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Packet Pg. 226
10.B.b
official in the performance of his or her official duties.
(e) No public official shall solicit a contribution from another person for a gift to an
official superior, make a donation as a gift to an official superior, or accept a gift from a
subordinate public official.
(f) No public servant shall solicit a contribution from another person for a gift to a
supervisor, make a donation as a gift to a supervisor, or accept a gift from an employee he or she d
supervises, except as provided in subsection (g).
(g) Nothing in this section shall prohibit donations or giving gifts of nominal commercial o
value made between or amongst public servants on a special occasion or an established holiday.
A special occasion, as contemplated in this section, includes those times when it has been
regarded as customary to give a gift, such as a birthday, a wedding, the birth of a child or a
grandchild, an adoption, a graduation, a promotion, permanent departure from the workplace or M
community, hospitalization, the loss of a loved one, retirement, or other similar occurrences.
Nor does this paragraph prohibit public servants from participating in fund-raising activities for ti
charitable purposes.
(h) This section does not apply to items of value excepted out of the definition for a gift.
as
SECTION THREE: AMENDMENTS TO SECTION NINE OF ORDINANCE NO. 0
2003-53,AS AMENDED.
Section Nine is hereby amended as follows:
42)SECTION NINE: INCORPORATION OF STATE LAW BY GENERAL REFERENCE
SUPPLEMENTAL PROVISIONS . a)
CISThe provisions of State law governing ethics for public officers and employees, including
0
exist and be amended from time to time. To the extent that the provisions of this Ordinance are
This Ordinance sets forth more stringent supplemental standards of conduct in addition
to the requirements of Chapter 112. Part III, Florida Statutes. entitled "Code of Ethics for Public
Officers and Employees". This Ordinance shall not be construed to authorize or perniit any
conduct or activity that is in violation of Chapter 112. Part III. Florida Statutes. In the event of a
conflict between the provisions of this article and Chapter 112. Part III, Florida Statutes, the
more restrictive/stringent provisions shall apply.
*********************
8
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Packet Pg. 227
10.B.b
SECTION FOUR: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
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The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
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SECTION SIX: EFFECTIVE DATE. N
ti
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier c
County, Florida, this day of , 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA c
m
By: By:
, Deputy Clerk . CHAIRMANct
0
Approved as to form and legality: a
f4
Jeffrey A. Klatzkow
County Attorney
9
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Packet Pg. 228
10.B.c
ARTICLE X. - COLLIER COUNTY ETHICS
Sec. 2-2051. - Title and citation.
This Article shall be known and cited as the "Collier County Ethics Ordinance".
Sec. 2-2052. - Scope.
This Article shall apply to all public servants of the Collier County Board of County
Commissioners, which includes public officials, whether elected or appointed, and all
County employees.
Sec. 2-2053. - Statement of policy.
N_
It is the public policy of Collier County that public servants work for the benefit of the
citizens of Collier County. It is the responsibility of each public servant to act in a
CU
manner that contributes to ensuring the public's trust in its government. In particular, to
always be honest with the public they serve, and to be good stewards of the tax dollars
entrusted to them. To this end, an individual covered by this article shall: (1) not use his En
or her position as a public servant for unlawful gain or enrichment; (2) avoid conduct
that gives the appearance of impropriety in the performance of his or her public duties;
and (3) not accept any items of value if the public servant knows or reasonably should
have known that it was given with the intent to reward or influence him or her in the
performance or nonperformance of his or her public duties. The statement of policy and �,
general standards of conduct set forth in this section are not subject to the penalties o
provided for in this Article.
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Sec. 2-2054. - Findings.
(a) The report submitted to the Collier County Board of County Commissioners
("board") on September 15, 1998, by the Ad Hoc Ethics Standards Review
Committee ("committee"), recommended the adoption of a local ethics code.
(b) The board finds that the legislative intent and declaration of policies set forth in F.S.
§ 112.311, sets forth a laudable philosophy regarding the purpose, scope and
application of ethics laws in relation to county officers and employees. Moreover,
the board also finds, based on the committee's report, that additional, more
stringent requirements are needed with regard to lobbyists, gifts, and post-county
employment restrictions in order to promote and protect the public trust in its local
government.
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10.B.c
(c) F.S. § 112.326, authorizes the board to impose more stringent standards of conduct
and disclosure requirements, beyond those specified in F.S. ch. 112, pt. III, upon its
own officers and employees provided that said standards of conduct and disclosure
requirements do not otherwise conflict with F.S. ch. 112, pt. Ill.
(d) F.S. § 125.69(1), provides, in pertinent part, that violations of county ordinances
shall be prosecuted in the same manner as misdemeanors are prosecuted. Such
violations shall be punished by a fine not to exceed $500.00 or by imprisonment in
the county jail not to exceed 60 days or by both such fine and imprisonment. The
board further finds that an efficient and effective method for the determination of
allegations of violations of the additional more stringent ethical standards set forth in
this article is through local enforcement thereof.
(e) F.S. § 112.313(13), authorizes the board to adopt an ordinance establishing post- o
employment restrictions for certain designated county employees.
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(f) The board finds that preservation of the integrity of the governmental decision-
making process is essential to the continued functioning of an open government.
Therefore, in order to preserve and maintain the integrity of the process and to
better inform the citizens of efforts to influence legislative branch action, the board N
finds it appropriate to require public registration and disclosure of the identity of
certain persons who attempt to influence actions of the board or actions of any of
the county's quasi-judicial boards.
(g) F.S. § 112.3148(2)(b), authorizes the board to establish a local registration process
for lobbyists. The board finds that such a registration process serves to promote
and protect governmental integrity as well as to foster open government. The board
further finds that such a public registration process for lobbyists may assist to
promote full compliance by lobbyists with the lobbyist gift reporting requirements set
forth in F.S. § 112.3148.
(h) The board finds that more stringent requirements are needed with regard to the o
value of gifts that may be provided by lobbyists to public officers and employees
beyond the standards set forth in F.S. § 112.3148. Specifically, the board finds that x
a zero gift limit, rather than $100.00 as set forth by F.S. § 112.3148, should be
enacted in order to better promote and preserve the integrity of the governmental
decision-making process.
(i) The board finds that additional gift prohibitions are necessary for public officials s
prohibiting the receipt of any gift or any other thing of monetary value from anyone
who the public official knows or reasonably should know is any way attempting to
affect the official actions, business or finances of the county or from anyone that has
an interest that may be substantially affected by the performance or
nonperformance of duties of a public official. The board further finds that
prohibitions are necessary in regard to gifts between official superiors and
subordinate public officials in order to preserve the ethical integrity of the
performance of public service by county human resources.
(j) Collier County Office of the County Administrator, Administrative Procedure,
Instruction 5311(F) (Code of Ethics/Standards of Conduct), restricts Collier County
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10.B.c
employees from receiving gifts or other items of value in connection with the
performance of official duties. Said restrictions exist separate and independent from
the provisions of this article and F.S. ch. 112, pt. Ill.
(k) Nothing in this article shall be construed to chill, restrict or prohibit the free exercise
of any citizen's constitutional rights, including, but not limited to, the right to petition
his or her county government or exercise his or her rights of free speech.
Sec. 2-2055. - Definitions.
C)
(a) For the purposes of this Ordinance, the definitions contained in F.S. ch. 112, pt. Ill,
shall apply and control, in accordance with the subject matter, unless the text and/or
context of this Ordinance provides otherwise.
Advisory board member means any person appointed by the Board of County
Commissioners to any county board, committee or authority which has any final w
decision-making authority. Such boards include, but are not limited to:
Airport Authority
Collier County Code Enforcement Board
Collier County Planning Commission
Contractors Licensing Board
Library Advisory Board
Public Vehicle Advisory Committee
Utility Authority
County employee shall mean any employee of Collier County, regardless of
whether the employee is ultimately supervised by the Board of County Commissioners, v
the county manager, the county attorney, the airport authority or the executive director iv
of the airport authority.
County Managerial Employee shall mean the County Manager, Assistant and/or
Deputy County Manager, County Attorney, Chief Assistant County Attorney and all
Division Administrators, and Department and Authority Directors of Collier County
Government. Also included in this definition are procurement employees and those
county employees actively engaged in selecting contractors or in supervising,
overseeing, or vouchering for contract performance.
Gift shall have the definition contained in F.S. ch. 112, pt. Ill, with the following
additions and exceptions:
(1) Additions:
a. Initiation fees.
(2) Exceptions:
"Gift" shall not include:
a. Salary, benefits, services, fees, commissions, gifts, or expenses associated
solely with the donee's non-county employment, business, or service as an
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10.B.c
employee, official or director of a corporation or organization. However, for
purposes of this exemption from the definition of "gift" in this article, public
servants may only engage in such non-county employment or economic
activity if: (1) such non-county employment or economic activity does not
create a conflict of interest as defined by F.S. § 112.312(8), i.e., a situation
in which regard for a private interest tends to lead to disregard of a public
duty or interest; and (2) all applicable county administrative procedures
governing such non-county employment or economic activity are followed.
b. Contributions or expenditures reported pursuant to F.S. ch. 106, campaign-
related personal services provided without compensation by individuals
volunteering their time, or any other contribution or expenditure by a
political party.
c. Gifts received from relatives, as defined in this section, or gifts received
from a person who shares the same permanent legal residence at the time
of the gift. However, no public servant shall participate in the selection of a
vendor or the approval of a contract if that employee has received a gift
from someone representing the vendor or a contracting party, including gifts N
from relatives. Furthermore, no public servant shall participate in permitting
or inspection decisions if that employee has received a gift from the permit
or inspection applicant/potential recipient or the applicant/potential =_
recipient's principal, including gifts from relatives.
d. Food or beverage accepted when: (i) offered free in the course of a
professional or civic meeting or group function at which attendance is ,
desirable because it will assist the person in performing his or her official
duties; or (ii) provided to all panelists or speakers when a person is o
participating as a panelist or speaker in a program, seminar, or educational o
conference.
In addition to all other circumstances where this Ordinance allows public
servants to accept food and beverages, and notwithstanding any other
section of this Ordinance or personnel manual to the contrary, public °'
officials and all county employees may accept food or beverage as
mentioned above in this subsection and consumed at a single sitting or
event only if the costs for said food or beverage do not exceed the greater
of $25.00 or the rate for the appropriate per diem allowance for said meal
as provided in F.S. ch. 112. If, under circumstances beyond the control of
the donee, the costs exceed this rate, the donee may accept said food or
beverage but shall file a written disclosure statement within five working
days of the acceptance with the County Manager on a form provided by the
County Manager.
The value of food or beverages, for purposes of this subsection, shall be
the price that the consuming public would be expected to pay for the same
item(s).
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10.B.c
e. Unsolicited advertising or promotional material such as pens, pencils,
notepads, calendars, and other items of nominal commercial value may be
accepted from individuals or entities that are not currently in a contractual
relationship or reasonably likely to seek a contractual relationship with
Collier County. Unsolicited job-related literature may be accepted as well.
f. Gifts given for participation in a program, seminar, or educational
conference when such gifts are:
1. Of nominal commercial value, and
2. In the nature of a remembrance traditional to the particular sponsoring 1,7
entity, or
3. Provided to all participants in the program.
g. An award, plaque, certificate, or similar personalized item of nominal
commercial value given in recognition of the donee's public, civic,
charitable, or professional service.
h. A rate or terms on a debt, loan, goods, or services, which rate and terms
are customary and are at a government rate and terms available to all other
similarly situated government employees or officials, or rates and terms
which are available to similarly situated members of the public by virtue of co
occupation, affiliation, age, religion, sex, or national origin. o
i. Food or beverage items when offered as a customary courtesy to all
attendees at any business meeting or business activity at which attendance
by the public servant(s) in question is required or appropriate for purposes
of performing county job duties or county responsibilities, provided that
such food or beverage items would have a reasonably estimated value of 0
no more than $25.00.
j. A rate offered to Commissioners at an event serving a valid public purpose,
which rate is less than that offered the general public, that represents the
actual cost of the event (such as food, beverage, and entertainment) to the
sponsor, but that does not include the charitable donation otherwise
included in the total cost to attend the event. Commissioners may contact
the event sponsor to seek this rate.
Lobbying shall mean, for compensation: influencing or attempting to influence
legislative or quasi-judicial action or non-action through oral or written communication or
an attempt to obtain the good will of a member or employee of the Board or of a Collier
County Advisory Board or a quasi-judicial board.
Lobbyist shall mean:
(1) Any natural person who, for compensation, seeks, or sought during the
preceding 12 months, to influence the governmental decision-making of a
reporting individual or procurement employee or his or her agency or seeks, or
sought during the preceding 12 months, to encourage the passage, defeat, or
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10.B.c
modification of any proposal or recommendation by the reporting individual or
procurement employee or his or her agency.
(2) A person who is employed and receives payment, or who contracts for
economic consideration, for the purpose of lobbying, or a person who is
principally employed for governmental affairs by another person or
governmental entity to lobby on behalf of that other person or governmental
entity.
(3) A person who registers with the board as a lobbyist pursuant to this article.
(4) Attorneys representing clients in quasi-judicial matters are not considered
lobbyists or engaged in lobbying since, as judicial officers, their conduct iscts
regulated exclusively by the judicial branch. However, attorneys representing
clients or interests in legislative matters, for compensation, are engaged in o`
lobbying and are subject to the provisions contained in this article.
Nominal commercial value means anything with a value of less than $50.00 in the
marketplace.
Principal shall mean the person, firm, corporation, or other entity that has employed
or retained a lobbyist.
Procurement employee means any county employee who actively participates
through decision, approval, disapproval, recommendation, preparation of any part of a f_
purchase request, influencing the content of any specification or procurement standard,
rendering of advice, investigation, or auditing or in any other advisory capacity in the
procurement of contractual services or commodities.
Public official means members of the Board of County Commissioners, advisory
board members, and county managerial employees.
Public servant includes all public officials and all county employees, as defined in
this article.
Relative, as used in this article, is one who is related to another by blood, marriage,
or adoption. The following relationships are included in this definition: husband, wife,
parent, child, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, first
cousin, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-
in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, step
grandparent, step grandchild, half brother, and half sister.
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Reporting individual means any public servant, who is required by law, pursuant to
Article II, Section 8 of the State Constitution or F.S. § 112.3145, to file full or limited
public disclosure of his or her financial interests or any individual who has been elected
to, but has yet to officially assume the responsibilities of, public office.
Sec. 2-2056. - Standards of conduct.
(a) A public official shall not accept a gift, directly or indirectly, if he or she knows or
reasonably should have known that it was given with the intent to reward or
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10.B.c
influence him or her in the performance or nonperformance of his or her public
duties.
(b) No public official shall participate in the selection of a vendor or the approval of a
contract if that employee has received a gift, directly or indirectly, from someone
representing the vendor or a contracting party, including gifts from relatives.
Furthermore, no public servant shall participate in permitting or inspection decisions
if that employee has received a gift from the permit or inspection applicant/potential
recipient or the applicant/potential recipient's principal, including gifts from relatives.
(c) The following provisions regarding gifts from lobbyists are enacted as additional and
more stringent standards of conduct and disclosure requirements than those
specified in F.S. § 112.3148:
(1) A reporting individual or procurement employee or any other person on his or
her behalf is prohibited from knowingly accepting, directly or indirectly, a gift
from a political committee or a committee of continuous existence, as defined in
F.S. § 106.011, or from a lobbyist who lobbies the reporting individual's or ••
procurement employee's agency, or directly or indirectly on behalf of the
partner, firm, employer, or principal of a lobbyist. However, such a gift may be
accepted by such person on behalf of a governmental entity or a charitable
organization. If the gift is accepted on behalf of a governmental entity or
charitable organization, the person receiving the gift shall not maintain custody
of the gift for any period of time beyond that reasonably necessary to arrange o
for the transfer of custody and ownership of the gift.
(2) A political committee or a committee of continuous existence, as defined in F.S.
§ 106.011; a lobbyist who lobbies a reporting individual's or procurement
employee's agency; the partner, firm, employer or principal of a lobbyist; or 0
another on behalf of the lobbyist or partner, firm, principal, or employer of the
lobbyist is prohibited from giving, either directly or indirectly, a gift to the
reporting individual or procurement employee or any other person on his or her v
behalf; however, such person may give a gift to a reporting individual or
procurement employee if the gift is intended to be transferred to a governmental
entity or a charitable organization.
(3) The prohibitions set forth in this Section 2-2056 at subsections (c)(1) and (c)(2)
above, are not intended to and shall not prevent a reporting individual or
procurement employee who is a declared candidate for elective public office
from accepting campaign contributions to the extent allowed by state or federal
law.
(d) The following gift prohibitions for public officials are enacted as additional and more
stringent standards of conduct than those specified in F.S. § 112.3148:
(1) Public officials shall not solicit or accept, directly or indirectly, any fee,
compensation, gift, gratuity, favor, food, entertainment, loan, or any other thing
of monetary value, from anyone who the public official knows or reasonably
should know:
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10.B.c
a. Has, or is seeking to obtain, contractual or other business or financial
relations with the county department or board with which the public official
is affiliated.
b. Conducts or represents a person or entity that conducts operations or
activities that are regulated by the county department or board with which
the public official is affiliated.
c. Is seeking zoning, permitting, or inspection approval from the county
department or board with which the public official is affiliated.
d. Has interests that may be substantially affected by the performance or non127
-
performance of duties of the county public official.
e. Is in any way attempting to affect the official actions of the county public
official.
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This paragraph is not intended to: (i) prohibit a public official from obtaining a
loan from a financial institution at a rate and terms available to all other similarly
situated members of the public by virtue of occupation, affiliation, age, religion,
sex, or national origin; (ii) to prevent public officials from accepting a gift under
$25.00 from a constituent or from a non-lobbyist, when customary to do so, cu
such as within the context of a social setting, unless he or she knows or
reasonably should have known that it was given with the intent to reward or
influence him or her in the performance or nonperformance of his or her public o`
duties; or (iii) to otherwise accept personal gifts from individuals who do not fall
within the prohibitions set forth above when the circumstances demonstrate that
the motivation for the gift was clearly the personal or social relationship rather
than an attempt to obtain the goodwill or otherwise influence the public official in
the performance of his or her official duties.
(e) No public official shall solicit a contribution from another person for a gift to an o
official superior, make a donation as a gift to an official superior, or accept a gift U
from a subordinate public official. x
a,
(f) No public servant shall solicit a contribution from another person for a gift to a
supervisor, make a donation as a gift to a supervisor, or accept a gift from an a`
employee he or she supervises, except as provided in subsection (g).
(g) Nothing in this section shall prohibit donations or giving gifts of nominal commercial
value made between or amongst public servants on a special occasion or an
established holiday. A special occasion, as contemplated in this section, includes
those times when it has been regarded as customary to give a gift, such as a
birthday, a wedding, the birth of a child or a grandchild, an adoption, a graduation, a
promotion, permanent departure from the workplace or community, hospitalization,
the loss of a loved one, retirement, or other similar occurrences. Nor does this
paragraph prohibit public servants from participating in fund-raising activities for
charitable purposes.
(h) This section does not apply to items of value excepted out of the definition for a gift.
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10.B.c
Sec. 2-2057. - Lobbyist registration and disclosure requirements.
(a) All lobbyists shall before engaging in any lobbying activities, register with the clerk
to the board located at the board minutes and records department. Every lobbyist
required to so register shall register quarterly on a calendar year basis on forms
prepared by the clerk; pay an annual nonrefundable registration fee of $25.00; and
state under oath or by written declaration in accordance with F.S. § 92.525, his or
her name, business name and address, and the name and business address of
each person or entity that has employed said registrant to lobby, as of the date of
said registration. If, subsequent to the registration, the registrant ceases to act as a
lobbyist, the registrant may file a request, on a form provided by the clerk, to not be
listed as a lobbyist. In the event that the registrant neither withdraws nor re- N
registers, the registrant shall be placed on a "lobbyist status unknown" list for aLE
period of 12 months from the expiration of the quarterly registration.
(b) Quarterly registration shall be required and shall initially commence on April 2,
2007. Thereafter, quarterly registration shall occur every three months. Quarterly
registration is required regardless of whether there is any change in employers of
the lobbyist. The lobbyist may indicate "no change" if appropriate. Initial registrationcc
by a lobbyist may occur at any time during the calendar year provided that it occurs
prior to the lobbyist engaging in any lobbying activity.
(c) The registration fee required by this section shall be maintained by the clerk to the
board and shall be deposited into a separate fund to be expended for the purpose
of administering and maintaining the lobbyist registration list as well as to cover
other related costs. Lobbyists shall not be charged a fee for filing the form for o
removal from the lobbyist list.
(d) The following persons shall not be required to register as lobbyists:
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(1) Any public officer, employee or appointee who appears in his or her official
capacity.
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(2) Law enforcement personnel conducting an investigation.
(3) Any person who only appears in his or her individual capacity for the purpose of
self-representation without compensation or reimbursement, whether direct,
indirect or contingent, to express support or opposition to any item.
(4) Any person who only appears as a representative of a neighborhood
association without special compensations or reimbursement for their
appearance, whether direct, indirect or contingent, to express support or
opposition to any item.
(5) Attorneys representing clients before a quasi-judicial body.
(e) The clerk to the board shall keep accurate and complete records regarding lobbyist
registration including an up-to-date list of all lobbyist registrations, lobbyists
withdrawals from the list and a "lobbyist status unknown" list.
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10.B.c
(f) A registration form that is not renewed within 20 calendar days of the end of each
quarter of the calendar year, shall expire and may not thereafter be relied upon by
the lobbyist for lobbying activities. In such a case, the lobbyist must renew his or her
registration and pay the nonrefundable annual fee in order to continue engaging in
lobbying activities.
(g) The validity of any action or determination of the board or of any county personnel,
board or committee, shall not be affected by failure of any lobbyist to comply with
the provisions of this section.
(h) All lobbyists shall disclose and make known the name or identity of the principal(s)
by whom they are employed whenever they engage in lobbying activities as such
activities are defined in this section.
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Sec. 2-2058. - Post-employment restrictions.
(a) No county managerial employee shall personally represent another person or entity M
for compensation before the Board of County Commissioners or any of its divisions, Csi
departments, agencies, or boards for a period of two years following vacation of
office, resignation of employment, or termination of employment, as applicable,
except for the purposes of collective bargaining.
(b) For a period of two years following vacation of office, resignation of employment, or
termination of employment, as applicable, except for the purposes of collective
bargaining, no county employee shall personally represent another person or entity
for compensation before the Board of County Commissioners or any of its divisions,
departments, agencies, or boards on a matter in which he or she had material o
personal involvement during his or her period of county employment.
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Sec. 2-2059. - Incorporation of state law by general reference.
The provisions of State law governing ethics for public officers and employees,
including F.S. ch. 112, pt. III, are hereby incorporated by general reference as they may
exist and be amended from time to time. To the extent that the provisions of this
Ordinance are more stringent than those of State law, then this Ordinance shall apply.
It shall be the duty of each commissioner and of all county managerial employees
and reporting individuals to become familiar with the Collier County Ethics Ordinance.
To this end, the human resources director shall annually distribute to each such person
a current copy of the "Florida Commission on Ethics Guide to the Sunshine Amendment
and Code of Ethics for Public Employees" (or similar Florida Commission on Ethics
publication) and a copy of this article. The specific duties set forth in this section of this
article regarding familiarity with the ethics rules and distribution of informative materials
shall not be subject to the penalties set forth in this article.
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Sec. 2-2060. - Penalties.
Pursuant to F.S. § 125.69, a person who violates any provision of this Ordinance
shall be subject to prosecution in the name of the state in the manner as misdemeanors
are prosecuted; and, upon conviction, such person shall be punished by a fine not to
exceed $500.00 or by imprisonment in the Collier County Jail not to exceed 60 days or
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by both such fine and imprisonment.
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