Florida Statutes

Fla. Stat. § 110.233 (2025)

Political activities and unlawful acts prohibited.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 4 cases, 1981–1988 · leading case: Dep't of Admin. v. Nelson, 424 So. 2d 852 (Fla. 1st DCA 1982).

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Dep't of Admin. v. Nelson, 424 So. 2d 852 (Fla. 1st DCA 1982). · cites it 13× “As amended in 1970, the statute required concurrent approval of the agency head and the Division of Personnel and Retirement of the Department of Administration.”

Humphries v. Dep't of High. Saf. & Motor Vehs., 400 So. 2d 1311 (Fla. 1st DCA 1981). · cites it 7× “Section 110.233 specifically regulates the political activities of Career Service employees and is merely one portion of a comprehensive legislative enactment governing all aspects of state employment.”

Nelson v. Dep't of Agric. & Consum. Servs., 424 So. 2d 860 (Fla. 1st DCA 1982). · cites it 3× “56, Florida Statutes (1979), rules of the Department of Administration (DOA) implementing section 110.233(4)(a), Florida Statutes (1979).”

Parsons v. Dep't of Health & Rehabilitative Servs., 28 Fla. Supp. 2d 188 (Fla. Div. Admin. Hr'g 1988). · cites it 10× “” 1 The term “local public office” is not defined in either Section 110.233, Florida Statutes, or in Rule 22A-13.”

— 110.233(4) — 3 cases

Dep't of Admin. v. Nelson, 424 So. 2d 852 (Fla. 1st DCA 1982). “As amended in 1970, the statute required concurrent approval of the agency head and the Division of Personnel and Retirement of the Department of Administration.”

Humphries v. Dep't of High. Saf. & Motor Vehs., 400 So. 2d 1311 (Fla. 1st DCA 1981). “Section 110.233 specifically regulates the political activities of Career Service employees and is merely one portion of a comprehensive legislative enactment governing all aspects of state employment.”

Parsons v. Dep't of Health & Rehabilitative Servs., 28 Fla. Supp. 2d 188 (Fla. Div. Admin. Hr'g 1988). “” 1 The term “local public office” is not defined in either Section 110.233, Florida Statutes, or in Rule 22A-13.”

— 110.233(4)(a) — 4 cases

Nelson v. Dep't of Agric. & Consum. Servs., 424 So. 2d 860 (Fla. 1st DCA 1982). “56, Florida Statutes (1979), rules of the Department of Administration (DOA) implementing section 110.233(4)(a), Florida Statutes (1979).”

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