Bill Text: FL H1011 | 2011 | Regular Session | Introduced

Bill Title: City of Jacksonville, Duval County

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1011 Detail]

Download: Florida-2011-H1011-Introduced.html
HB 1011

A bill to be entitled
2An act relating to the City of Jacksonville, Duval County;
3amending chapter 92-341, Laws of Florida, as amended;
4revising provisions of the charter of the City of
5Jacksonville relating to ethics; providing a declaration
6of ethics policy; authorizing the establishment of an
7ethics code and ethics commission; providing duties of the
8ethics commission; requiring the ethics code to include a
9citywide ethics oversight and compliance office; providing
10administrative support for the commission and office;
11requiring certain elected officials to complete certain
12ethics training; repealing s. 18.10 of chapter 92-341,
13Laws of Florida, as amended, relating to ethics education
14and the application of ethics laws; providing an effective
17Be It Enacted by the Legislature of the State of Florida:
19     Section 1.  Sections 1.01 and 1.02 of Article 1 of section
201 of chapter 92-341, Laws of Florida, as amended, are renumbered
21as sections 1.101 and 1.102, respectively, and designated as
22chapter 1 of that article, and chapter 2 is added to that
23article, to read:
26     Section 1.101. 1.01.  Consolidated government.-
27     (a)  The county government of Duval County, the municipal
28government of the City of Jacksonville, the Duval County Air
29Improvement Authority, the east Duval County Mosquito Control
30District, the northeast Duval County Mosquito Control District,
31and all boards, bodies, and officers thereof were and are
32consolidated into a single body politic and corporate pursuant
33to the power granted by former s. 9 of Article VIII of the
34Constitution of 1885, as amended, of the State of Florida, which
35section was continued by and remains in full force and effect
36under s. 6(e) of Article VIII of the Constitution of the State
37of Florida. The name of the consolidated government is City of
38Jacksonville (herein called "city" or "consolidated
39government"). The consolidated government succeeds to and
40possesses all the properties (of whatever nature), rights,
41capacities, privileges, powers, franchises, immunities,
42liabilities, obligations, and duties of the former governments
43and former special districts named in the first sentence of this
44subsection, without including or affecting the existence,
45properties, rights, capacities, privileges, powers, franchises,
46immunities, liabilities, obligations, and duties of the Cities
47of Jacksonville Beach, Atlantic Beach, and Neptune Beach and the
48Town of Baldwin. The consolidated government shall have
49perpetual existence and shall have only such officers,
50departments, and other agencies as are provided in this charter
51or as may be established by the council.
52     (b)  The consolidated government has and shall have
53jurisdiction as a chartered county government and extend
54territorially throughout Duval County, and has and shall have
55jurisdiction as a municipality throughout Duval County except in
56the Cities of Jacksonville Beach, Atlantic Beach, and Neptune
57Beach and the Town of Baldwin.
58     Section 1.102. 1.02.  Cities of Jacksonville Beach,
59Atlantic Beach, and Neptune Beach and Town of Baldwin.-
60     (a)  The territories of the Cities of Jacksonville Beach,
61Atlantic Beach, and Neptune Beach and the Town of Baldwin were
62and are also consolidated into the territory of the consolidated
63government. The Cities of Jacksonville Beach, Atlantic Beach,
64and Neptune Beach and the Town of Baldwin shall each continue to
65exist and have and retain the same local governmental structure,
66boards, bodies, officers, laws, municipal charters, and special
67acts which existed in those areas on September 30, 1968, unless
68changed in accordance with law. The persons who were officers
69and members of boards and bodies of the Cities of Jacksonville
70Beach, Atlantic Beach, and Neptune Beach and the Town of Baldwin
71on September 30, 1968, continued after that date to occupy the
72same position and were entitled to the same compensation
73therefor, unless changed in accordance with law. All such
74boards, bodies, and officers continue since October 1, 1968, to
75be elected at the times, in the manner, and for the terms which
76were provided under their respective municipal charters and
77continue to have the same powers and duties which they had under
78those charters, unless changed in accordance with law. All
79municipal charters and special and general laws which applied to
80the Cities of Jacksonville Beach, Atlantic Beach, and Neptune
81Beach and the Town of Baldwin on September 30, 1968, continue to
82apply to the respective governments, boards, bodies, and
83officers unless changed in accordance with law. These Cities of
84Jacksonville Beach, Atlantic Beach, and Neptune Beach and the
85Town of Baldwin each continue to be entitled to own, acquire,
86encumber, and transfer property in its own name, by the duly
87authorized action of its boards, bodies, and officers. The
88Cities of Jacksonville Beach, Atlantic Beach, and Neptune Beach
89and the Town of Baldwin are continued as municipalities having
90all governmental, corporate, and proprietary powers to enable
91them to conduct municipal government, perform municipal
92functions, and render municipal services, and shall be treated,
93considered, and dealt with as municipalities under the
94Constitution and laws of the State of Florida and shall be
95entitled to exercise the same functions, powers, and duties
96granted to municipalities under the general laws and
97Constitution of the State of Florida.
98     (b)  The Cities of Jacksonville Beach, Atlantic Beach, and
99Neptune Beach and the Town of Baldwin shall not be subject to
100the provisions of s. 5.11, article 14, article 16, article 17,
101or article 19. The council may provide for management or fiscal
102audits by the council auditor of the second, third, fourth, and
103fifth urban services districts or their boards, bodies, or
106     Section 1.201.  Declaration of ethics policy.-The proper
107operation of responsible government requires that public
108officials and employees be independent, impartial, and
109responsible to the people; that government decisions and policy
110be made in the best interests of the people, the community, and
111the government; that public office not be used for personal
112gain; and that the public have confidence in the integrity of
113its government.
114     Section 1.202.  Ethics code; ethics commission.-The City of
115Jacksonville, acting in its capacity as a county, shall enact an
116ethics code with jurisdiction over the officers and employees of
117the consolidated government of the City of Jacksonville; its
118constitutional officers; independent agencies and districts,
119whether elected or appointed, paid or unpaid; and officers and
120employees of the school district. However, such jurisdiction
121shall be limited to the General Services District, less Urban
122Services Districts 2, 3, 4, and 5, being the Cities of Neptune
123Beach, Atlantic Beach, and Jacksonville Beach and the Town of
124Baldwin. The ethics code may, as allowed by law, supplement
125state ethics codes. The ethics code shall provide for an
126independent ethics commission, whose membership shall have
127appropriate subject matter expertise, which shall:
128     (a)  Manage a citywide ethics hotline for receiving
129allegations of ethics code violations.
130     (b)  Manage and coordinate the training and education of
131local officers and state employees in the state and local ethics
133     (c)  Have the authority to refer ethics matters to
134appropriate enforcement agencies.
135     (d)  Recommend changes in legislation to city councils in
136the areas of ethics laws and administration, conflicts of
137interests, hotline policies, ethics education, ethics in
138procurement, campaign ethics, and lobbying.
139     (e)  Have jurisdiction to levy civil fines or penalties
140authorized by the city council for violations of the city's
141ethics code.
142     (f)  Act as the hiring committee for the administrative
143staff of the ethics oversight and compliance office, whose
144enforcement power is limited to the ethics code authorized by
145this section and enacted by the city council. A structure shall
146be established for the ethics commission that ensures
147independence and impartiality.
148     Section 1.203.  Ethics oversight and compliance office.-The
149ethics code shall include the establishment of an independent
150citywide ethics oversight and compliance office to coordinate
151ethics training, ethics compliance, and ethics oversight issues
152and to staff the ethics commission. The ethics code, ethics
153commission, and ethics oversight and compliance office in place
154at the time of enactment of this section shall continue until
155amended or altered by the city council.
156     Section 1.204.  Administrative support.-Appropriate
157support, as determined by the city council, shall be provided to
158the ethics commission and to the citywide ethics oversight and
159compliance office to carry out their duties and
160responsibilities. This support shall include a process to obtain
161documents and testimony in connection with violations of the
162city's ethics code.
163     Section 1.205.  Ethics education and application of ethics
164laws.-Within 90 days after taking office, every elected official
165within the consolidated government shall complete such ethics
166training as may be required by the ethics code. This requirement
167shall apply to all elected officials within the consolidated
168government, including, but not limited to, the Mayor, all city
169council Members, all Duval County School Board Members, the
170Sheriff, the Supervisor of Elections, the Property Appraiser,
171the Tax Collector, and the Clerk of the Circuit and County
172Court. Additionally, all elected officials shall be included in
173the definition of the term "officer" regarding any ethics code
174definition referring to officers as any person elected to any
175city office, and all elected officials shall comply with all
176laws applicable to officers in the city's ethics code.
177     Section 2.  Section 18.10 of Article 18 of chapter 92-341,
178Laws of Florida, as amended by chapter 2003-340, Laws of
179Florida, is repealed.
180     Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.