Florida Statute 110.233 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 110.233

Total Results: 8

Ago

Court: Fla. Att'y Gen. | Date Filed: 2002-02-04T23:53:00-08:00

Snippet: While not applicable to school districts, section 110.233(2), Florida Statutes, offers direction by prohibiting… of any person . . . ." Moreover, section 110.233(4)(a), Florida Statutes, precludes an employee

Ago

Court: Fla. Att'y Gen. | Date Filed: 2000-08-01T00:53:00-07:00

Snippet: substantially the following question: Does section 110.233(4), Florida Statutes, prohibit a career service…approval to hold local public office? In sum: Section 110.233(4), Florida Statutes, does not prohibit a career…hold local public office as prescribed by section 110.233, Florida Statutes. According to your letter, one…political activities of the general public.3 Section 110.233, Florida Statutes, does not prevent a career service…campaigning, subject to certain restrictions.4 Section 110.233(4)(a), however, does expressly prohibit a career

Ranger Ins. Co. v. Bal Harbour Club

Court: Fla. | Date Filed: 1989-08-31T00:53:00-07:00

Citation: 549 So. 2d 1005

Snippet: discrimination shown). [5] See, e.g., §§ 110.105, 110.233 (in state employment); § 112.042 (in county and

Metropolitan Dade County v. Santos

Court: Fla. Dist. Ct. App. | Date Filed: 1983-04-11T23:53:00-08:00

Citation: 430 So. 2d 506

Snippet: conflict with the provisions of subsection (1) or s.110.233. [e.s.] Obviously the legislature knew how to forbid…conflict with the provisions of subsection (1) or s.110.233. [3] Santos does not disagree that there is no

Nelson v. Department of Agriculture & Consumer Services

Court: Fla. Dist. Ct. App. | Date Filed: 1982-12-08T00:00:00-08:00

Citation: 424 So. 2d 860

Snippet: Department of Administration (DOA) implementing section 110.233(4)(a), Florida Statutes (1979). That statute prohibits…interference with his duties as a forest ranger. Section 110.233(4)(a), Fla.Stat. (1979); Rules 22A-7.10(4)(a),

Department of Admin. v. Nelson

Court: Fla. Dist. Ct. App. | Date Filed: 1982-12-07T23:53:00-08:00

Citation: 424 So. 2d 852

Snippet: section 110.233, Fla. Stat. (1980 Supp.). [2] Ch. 70-277, § 1, Laws of Fla.; section 110.233(4)(a), Fla…#39;s and DOA's approval pursuant to section 110.233(4)(a), Florida Statutes (1980 Supp.). And Nelson…were not, adopted as rules. We find that section 110.233(4)(a) is a sufficient legislative predicate for…without complying with the provisions of Section 110.233(4), Florida Statutes, shall be presumed to have…sent Nelson a letter stating that under section 110.233(4)(a) and Rule 22A-13.04, Nelson was deemed to

Humphries v. Department of Highway Safety & Motor Vehicles

Court: Fla. Dist. Ct. App. | Date Filed: 1981-07-10T00:00:00-07:00

Citation: 400 So. 2d 1311

Snippet: requirements of Section 110.092(4)(a) *1313[now 110.233(4)(a)]2 which requires that a Career Service employee…99.012(7) and did not purport to construe Section 110.233(4) and concluded: “Therefore, Florida highway patrol…upon this ruling as a decision construing Section 110.233(4), F.S.” Humphries first argues that any violation…of this, he ignored the requirements of Section 110.233(4) and continued to actively campaign. The record…appellant’s argument that Sections 99.012(7) and 110.233(4)(a) are so repugnant as to justify an implied

Ago

Court: Fla. Att'y Gen. | Date Filed: 1980-04-16T23:53:00-08:00

Snippet: S., (now s. 110.233), relating to political activities and unlawful acts. Section 110.233 does not prevent…activities under the provisions of s. 110.233 (then s. 110.092). Section 110.233(4)(a), however, does expressly…prohibited by s. 110.233(4)(a), F. S.; therefore, under the provisions of ss. 104.31(3) and 110.233(4)(a), career…Service System may not, under the provisions of s. 110.233(4), F. S., run for or hold office as members of…executive committee of a political party. Section 110.233(4)(a), F. S., provides in pertinent part that no