Ordinance 2013-39 f2U ! \,_1
•,� 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 112, 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-
53, known as the Collier County Ethics Ordinance, to complement and enhaiice: th�' tate
standards set forth in Chapter 112, Florida Statutes, and to further the public's trustin theloct
government; and co.-: r.)
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WHEREAS, the Board subsequently amended Ordinance No. 2003-5 Ft Trough it`sfl
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adoption of Ordinance No. 2004-05 and Ordinance No. 2011-15; and cn —
WHEREAS, the Board desires to revise Ordinance No. 2003-53, as amd, tt the
manner set forth below.
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.
(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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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.
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 exceed the-per-diem 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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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$4-00 $25. . .. - . - -. .. •_ . . .
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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
(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
him or her in the performance or nonperformance of his or her public duties.
(b) No public serves 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.
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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:
(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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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 (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 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
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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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
BY GENERAL REFERENCE.
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.
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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.
SECTION SIX: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 1,-1-E-\- day of t'Ao,.� , 2013.
ATTEST BOARD QE COUNTY COMMISSIONERS
DWIGHT'E. BROCI , Clerk COLLIER C. TY, F 'ORIDA, ,
By: °k�� By: �, /
Attest a to t' •ler /' GEO'9I Ara ILLER, ESQ.
signature only. CHAI' W•MAN
App v-.1'. '• •- and
legal ' i: y:
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Jeffrey A. 4\atzkow This ordinance filed with the
Count At ey Secr ory of State's Office the
_L.1. day of -1,Q .�1-�-
end ocknowledge en y
filing received this
of_1AR --
By..o--- c
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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 :
ORDINANCE 2013-39
which was adopted by the Board of County Commissioners
on the 14th day of May, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of May, 2013 .
DWIGHT E. BROCK �:_.. ..,-
Clerk of Courts
Ex-officio to tito . \1 r of. f>
County Commis �' rs ` /
v, MO
By: Martha Verg=
Deputy Cler