Ordinance 2017-03 ORDINANCE NO. 2017 - 03
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
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.
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 enhance the State
standards set forth in Chapter 112, Florida Statutes, and to further the public's trust in their local
government; and
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
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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(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
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, the County Manager,
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
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:
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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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
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 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
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.
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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
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 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$2-5,to any member of the consuming public. By way
of example, such food and beverage items may include a cup of coffee, a
soda, bottled water, cookies or donuts.
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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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
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 Ordinance.
(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.
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 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
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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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.
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 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
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
Section 112.3148, Florida Statutes:
(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 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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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.
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
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; or (ii) to prevent
. ., . . . :, • - . - . - . . . . • :, • - - . . .
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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
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
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.
SECTION THREE: AMENDMENTS TO SECTION NINE OF ORDINANCE NO.
2003-53, AS AMENDED.
Section Nine is hereby amended as follows:
SECTION NINE: . . . . ._. e • e _ _ . _ A g - , - A - - k -
SUPPLEMENTAL PROVISIONS .
. . - , - . .. . . . - . - •• - .. . , - - -- . • . .
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 permit 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.
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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-az-Vicsr.,day of Y,00_rc-- , 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK Clerk COLLIER COUNTY, FLORIDA 1
By: APA: By: 4
Deputy C -r PENNY TA5& 7
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Attest as to Chairman's
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Approved afs l$o form and legality:
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
January 26, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples,Florida 34101-3044
Attention: Martha Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2017-03, which was filed in this office on January 26,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us