The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 110
STATE EMPLOYMENT

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F.S. 110.233

110.233 Political activities and unlawful acts prohibited.—

(1) No person shall be appointed to, demoted, or dismissed from any position in the career service, or in any way favored or discriminated against with respect to employment in the career service, because of race, color, national origin, sex, handicap, religious creed, or political opinion or affiliation.

(2) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the career service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person or for any consideration; however, letters of inquiry, recommendations, and references by public employees or public officials shall not be considered political pressure unless any such letter contains a threat, intimidation, or irrelevant, derogatory, or false information. For the purposes of this section, the term “political pressure,” in addition to any appropriate meaning which may be ascribed thereto by lawful authority, includes the use of official authority or influence in any manner prohibited by this chapter.

(3) No person shall, directly or indirectly, give, render, pay, offer, solicit, or accept any money, service, or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the career service.

(4) As an individual, each employee retains all rights and obligations of citizenship provided in the Constitution and laws of the state and the Constitution and laws of the United States. However, no employee in the career service shall:

(a) Hold, or be a candidate for, public office while in the employment of the state or take any active part in a political campaign while on duty or within any period of time during which the employee is expected to perform services for which he or she receives compensation from the state. However, when authorized by his or her agency head and approved by the department as involving no interest which conflicts or activity which interferes with his or her state employment, an employee in the career service may be a candidate for or hold local public office. The department shall prepare and make available to all affected personnel who make such request a definite set of rules and procedures consistent with the provisions herein.

(b) Use the authority of his or her position to secure support for, or oppose, any candidate, party, or issue in a partisan election or affect the results thereof.

(5) No state employee or official shall use any promise of reward or threat of loss to encourage or coerce any employee to support or contribute to any political issue, candidate, or party.

(6) The department shall adopt by rule procedures for Career Service System employees that require disclosure to the agency head of any application for or offer of employment, gift, contractual relationship, or financial interest with any individual, partnership, association, corporation, utility, or other organization, whether public or private, doing business with or subject to regulation by the agency.

History.—s. 21, ch. 79-190; s. 2, ch. 80-207; s. 1, ch. 84-125; s. 5, ch. 89-277; s. 1, ch. 91-164; s. 21, ch. 91-431; s. 34, ch. 92-279; s. 55, ch. 92-326; s. 668, ch. 95-147; s. 23, ch. 2001-43; s. 18, ch. 2020-2.

F.S. 110.233 on Google Scholar

F.S. 110.233 on Casetext

Amendments to 110.233

Arrestable Offenses / Crimes under Fla. Stat. 110.233

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 110.233.

Annotations, Discussions, Cases:

Cases from cite.case.law:

RANGER INSURANCE COMPANY, v. BAL HARBOUR CLUB, INC., 549 So. 2d 1005 (Fla. 1989)

. . . See, e.g., §§ 110.105, 110.233 (in state employment): § 112.042 (in county and municipal employment): . . .

PARSONS v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 28 Fla. Supp. 2d 188 (Fla. Div. Admin. Hearings 1988)

. . . violation of Chapter 22A-13.002, Personnel Rules and Regulations, Florida Administrative Code, and Section 110.233 . . . Section 110.233(4)(a), Florida Statutes, reads as follows: (4) As an individual, each employee retains . . . The term “local public office” is not defined in either Section 110.233, Florida Statutes, or in Rule . . . a candidate can be authorized or approved under the proviso of the penultimate sentence of Section 110.233 . . . because the office of the County Judge is not a “local public office” within the meaning of Section 110.233 . . .

METROPOLITAN DADE COUNTY, a v. SANTOS,, 430 So. 2d 506 (Fla. Dist. Ct. App. 1983)

. . . off-duty hours, so long as such activities are not in conflict with the provisions of subsection (1) or s.110.233 . . . off-duty hours, so long as such activities are not in conflict with the provisions of subsection (1) or s. 110.233 . . .

DEPARTMENT OF ADMINISTRATION v. C. NELSON, C. NELSON, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY,, 424 So. 2d 852 (Fla. Dist. Ct. App. 1982)

. . . qualifies for another public office without his employing agency’s and DOA’s approval pursuant to section 110.233 . . . We find that section 110.233(4)(a) is a sufficient legislative predicate for DOA Rules 22A-7.10(4)(a) . . . employee who seeks or holds office contrary to or without complying with the provisions of Section 110.233 . . . that the hearing officer had no authority to decide, Nelson argues that the statute itself, section 110.233 . . . Section 110.092, Fla.Stat. (1967); section 110.233, Fla.Stat. (1980 Supp.). . . . .

C. NELSON, v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,, 424 So. 2d 860 (Fla. Dist. Ct. App. 1982)

. . . 120.56, Florida Statutes (1979), rules of the Department of Administration (DOA) implementing section 110.233 . . . Section 110.233(4)(a), Fla.Stat. (1979); Rules 22A-7.10(4)(a), 22A-13.04, Fla.Admin.Code. . . .

W. HUMPHRIES, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 400 So. 2d 1311 (Fla. Dist. Ct. App. 1981)

. . . , Florida highway patrol officers should not rely upon this ruling as a decision construing Section 110.233 . . . In spite of this, he ignored the requirements of Section 110.233(4) and continued to actively campaign . . . We reject appellant’s argument that Sections 99.012(7) and 110.233(4)(a) are so repugnant as to justify . . . Section 110.233 specifically regulates the political activities of Career Service employees and is merely . . . Dept. of Education, 317 So.2d 68 (Fla.1975), and we find nothing in Section 110.233 which would lead . . .