Ordinance 2000-058 ORDINANCE NO. 2000- 5 8
f?AN ORDINANCE . AMENDING COLLIER COUNTY
ORDINANCE NO. 99 22, THE COLLIER COUNTY ETHICS
ORDINANCE; REVISING SECTION TWO FINDINGS IN
REGARD TO LIMITS ON GIFTS FROM LOBBYISTS TO
PUBLIC OFFICERS AND EMPLOYEES AND THE NEED
FOR ADDITIONAL GIFT PROHIBITIONS FOR PUBLIC
OFFICIALS; PROVIDING IN SECTION THREE FOR
ADDITIONS AND EXCEPTIONS TO THE DEFINITION OF
"GIFT" AS WELL AS OTHER DEFINITIONAL CHANGES;
CHANGING THE LIMIT ON GIFTS FROM LOBBYISTS
TO PUBLIC OFFICERS AND REPORTING INDIVIDUALS
TO $0 FROM $50 AND CREATING ADDITIONAL GIFT
PROHIBITIONS FOR PUBLIC OFFICIALS; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; 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 desires to adopt a local ethics law that will complement the State
standards set forth in Chapter 112, Florida Statutes, as well as create more efficient local
enforcement and provide additional requirements that will serve to promote and protect the
public's trust in their local government.
WHEREAS, the Board intends that the standards set forth in this ordinance shall be more
stringent and in addition to those established in Chapter 112, Part IIl, Flonda'~S;tatu~t~.~, a~.
authorized by Section 112.326, F.S.
NOW, THEREFORE, BE 1T ORDAINED BY THE BOARD OF.2;COI:3NTY.~
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO SECTION TWO: FINDINGS OF COLLIER
COUNTY ORDINANCE NO. 99-22.
Section Two is hereby amended to read as follows:
SECTION TWO: FINDINGS.
1) The report submitted to the Collier County Board of County Commissioners
("Board') by the Ad Hoc Ethics Standards Review Committee ("Committee")
recommends the adoption of a local ethics code.
2) The Board finds that the legislative intent and declaration of policies set forth in
Section 112.311, Florida Statutes, sets forth a laudable philosophy regarding the
purpose, scope and application of ethics laws in relation to county officers and
3)
4)
5)
6)
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.
Section 112.326, Florida Statutes, authorizes the Board to impose more stringent
standards of conduct and disclosure requirements, beyond those specified in
Chapter 112, Part 11I, Florida Statutes, upon its own officers and employees
provided that said standards of conduct and disclosure requirements do not
otherwise conflict with Chapter 112, Part m, Florida Statutes.
Section 125.69(1), Florida Statutes, 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 sixty (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 Ordinance is through local enforcement
thereof.
Section 112.313(13), Florida Statutes, authorizes the Board to adopt an ordinance
establishing post-employment restrictions for certain designated county
employees. The Board further finds that said restrictions should apply only to
those certain designated County employees who began their employment with
County government subsequent to March 9, 1999.
The Board finds that preservation of the integiity 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 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.
7) Section 112.3148(2)(b), Florida Statutes, 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 Section 112.3148, Florida Statutes.
8) The Board finds that more stringent requirements are needed with regard to the
value of gifts which may be provided by lobbyists to public officers and
employees beyond the standards set forth in Section 112.3148, Florida Statutes.
Specifically, the Board finds that a ~:~:* c.f ¢~'~ n~
............. ,zero gift limit, rather than
$100.00 as set forth by Section 112.3148, Florida Statutes, should be enacted in
order to better promote and preserve the integrity of the governmental decision-
making process.
9) The Board finds that additional girl prohibitions are necessary for public officials
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.
9:.10) Collier County Office of the County Administrator, Administrative Procedure,
Instruction 5311 (Code of Ethics/Standards of Conduct), restricts Collier County
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 Ordinance and Part III, Ch. 112, Florida Statutes.
40,.11) Nothing in this Ordinance 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 exemise his or her rights of free
speech.
SECTION TWO: AMENDMENT TO SECTION THREE OF COLLIER COUNTY
ORDINANCE NO. 99-22.
Section Three is hereby amended to read as follows:
SECTION THREE: DEFINITIONS.
For the purposes of this Ordinance, the definitions contained in Chapter 112, Part m,
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
Collier County Code Enforcement Board
Collier County Planning Commission
Contractors Licensing Board
Library Advisory Board
Public Vehicle Advisory Committee
Utility Authority
"County Managerial Employee" shall mean the County Administratcr,Manager,
Assistant County Adm~n~gtrat~r,Manager, County Attorney, Chief Assistant County
Attorney and all Division Administrators and Authority Directors of Collier County
Government.
"Elected Officer" means any member of the Board of County Commissioners.
"Gift" shall have the definition contained in Chapter 112, Part 1II, Florida Statutes, with
the following additions and exceptions:
a) Additions:
1) Initiation fees.
b) Exceptions:
"Gift" shall not include:
1) Salary, benefits, services, fees, commissions, gifts, or expenses associated
solely with the donee's employment, business, or service as an official or
director of a corporation or organization.
4-
2)
4)
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
contribution or expenditure by a political party.
Girls received where family relationships (such as those between the
parents, children, or spouse) or other personal relationships or
circumstances clearly demonstrate that said relationships or circumstances,
rather than the business of the persons involved, are the motivating factors.
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.
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 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 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.
Unsolicited advertising or promotional material such as pens, pencils,
nQ.tcpads, calendars, and other items of nominal intrinsic value may be
accepted, as well as job-related literature.
Gifts given for participation in a program, seminar, or educational
conference when such gifts are:
a) Of nominal intrinsic value, and
b) In the nature of a remembrance traditional to the particular
sponsoring entiSy~ or
c) Provided to all participants in the program.
7. At~ award, plaque, ~ertificate, or similar personalized item given in
recognition of the donee's public, civic, charitable, or professional service.
8. 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.
~ "Lobbying" shall mean 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 q~:a:~. jt:dicia!quasi-judicial board.
~7. "Lobbyist" shall mean:
a) 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.
b) 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.
c) A person who registers with the Board as a lobbyist pursuant to Section Five of
this Ordinance.
8. "Nominal Intrinsic Value" means anything with a value less than $50.00.
S:.9."Principal" shall mean the person, firm, corporation, or other entity which has employed
or retained a lobbyist.
10. "Public Official" means any and all elected officers, advisory board members~ county
managerial employees, and the county attorney ('whether serving as an employee/in-house
counsel or as outside counsel).
SECTION THREE: AMENDMENT TO SECTION FOUR OF COLLIER COUNTY
ORDINANCE NO. 99-22.
Section Four is hereby amended to read as follows:
SECTIONFOUR:-PROHIBITED RECEIPT OF GIFTS BY INDIVIDUALS
FILING FULL OR LIMITED PUBLIC DISCLOSURE OF FINANCIAL
INTERESTS, AND BY PROCUREMENT ~EMPLOYEES~
ADDITIONAL G!FT PROHIBITIONS FOR PUBLIC OFFICIALS
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:
~ 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 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
nc al of a ....j.o., .....or ............or ..........j ........t .......o
..;n h .......~"~; ........af eta nn. ~. .........~obby'Hver,h
~ ......................,,, ....., .........,.1st.owesac 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.
~b_).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 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 ......;'a!ue ..........af
7-
2)
$50.00 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.
The following gift prohibitions for public officials are enacted as additional and
112.3148,
more stringent standards of conduct than those specified Section
Florida Statutes:
a)
Public officials shall not solicit or accept, directly or indirectly, any gift
from anyone who the public official knows or reasonably should know:
1) 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.
2) 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.
3) Is seeking zoning, permitting, or inspection approval from the
county department or board with which the public official is
affiliated.
4) Has interests that may be substantially affected by the performance
or non-performance of duties of the county public official.
5) 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
b)
similarly situated members of the public by virtue of occupation,
affiliation, age, religion, sex, or national origin.
A public official shall not 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. However, this
paragraph does not prohibit a voluntary gift of nominal value or donation
in a nominal amount made on a special occasion such as marriage, birth of
a child, illness, or retirement. Nor does this paragraph prohibit public
officials from participating in fund-raising activities for charitable
purposes.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCE.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE: 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 SIX: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this/~day of .~, 2000.
..." ?~A'~-'TEST, '% ~ BOARD OF COUNT~.y__Cc~MISSIONERS
--'"-'~"~ "i~WYI~HT:E 'I~.ROCK CLERK COLLIER Ct,9Jgt~Ty, ~OR]I)A
· .. iAPpro~,d-as to form and$1gnat~e 0~15o
leghi' ~Ufficiency:
, ' This oral[nonce flied w[~h the
· c.-, ~- ~ - ~'-- $eCretory of $.tgto's Office the
Chief Assistant County Attorney oho ocknowled~ement of thc~i
flting,~eceived this,z,7.~;~ cloy
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 copy of:
Which was
the 12th day of
ORDINANCE NO. 2000-58
adopted by the Board of County Commissioners on
September, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st day
of September, 2000.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board of~~.
County Commissioners ~
By:
Ellie Hoffman,
Deputy Clerk
COLLIER COUNTY
3301 Tamiami Trail East
Naples, Florida 34112-4902
Telephone: (941) 774~8400
FAX: (941) 774-0225
Eraall: attorney@naples.net
October 5, 2000
DAVID C. WEIGEL
COLUER COUNTY ATI'ORNEY
Heidi F. Ashton
Ellen T. Chadwell
Ramiro Ma~alich
william E. Mountford
Thomas C. Palmer
Michael W. Pettit
Marni M Scuderi
Marjorie M. Student
Patrick G. White
Robert N. Zachary
Liz Cloud, Chief
Bureau of Administrative Code
Florida Department of State
The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
Re: Collier County Ordinance No. 2000-58 (Ethics Ordinance Amendment)
Dear Ms. Cloud:
This letter is written to you as a follow-up to my recent telephone conversation with
you about the above mentioned ordinance. In accordance with that conversation, I am
hereby requesting your response to the following facts and argument regarding the filing
date for said ordinance.
Section 125.66(2)(b), Fla. Star., requires that certified copies of ordinances or
amendments thereto enacted under the regular enactment procedure shall be filed with the
Department of State by the Clerk of the Board of County Commissioners within 10 days
after enactment by said Board and shall take effect upon filing with Department of State.
As we previously discussed, Collier County Ordinance No. 2000-58 was sent by Federal
Express overnight mail to your offices on September 21, 2000 (copy of Clerk's letter and
mailing label attached). The copy of the FedEx computer printout with tracking
information for the ordinance package indicates that delivery was attempted during
business hours on September 22, 2000. September 22 was the day your offices were
closed due to the hurricane. The tracking information also indicates that FedEx delivered
the ordinance to your offices on September 25, 2000 which was the next business day after
you were closed for the hurricane.
It is my opinion that the ordinance was filed in accordance with Section
125.66(2)(b), Fla. Stat., because the 10th day for filing fell on a day in which it was
impossible to deliver to your office since your office was closed due to the hurricane. It is
my position that the 10th day should then be counted as September 2.5, 2000 when the
ordinance was actually delivered on the next business day following the hurricane.
It would be greatly appreciated if you could provide a response indicating if you
agree with the County's position that the ordinance was validly filed pursuant to the statute
because of the hurricane circumstances. Thank you for your attention to this request.
Respectfully submitted,
Ramiro MafialicE
Chief Assistant County Attorney
RM:dja
CC:
David C. Weigel, County Attorney
Dwight Brock, Clerk of Courts
Maureen Kenyon, Supervisor, Minutes and Records
PULL AId~ RETAIN THIS COPY OEFORE AFFIXING TO T[{E PACKAGE* --
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