Broward County Commission Regular Meeting


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AI-26292 44.       
Meeting Date: 02/06/2018  
Director's Name: Barbara Sharief
Department: County Commission  

Information
Requested Action
MOTION TO DIRECT Office of the County Attorney to draft an amendment to Section 1-19, Broward County Code of Ordinances, "Code of Ethics for Elected Officials," to provide that appearances by elected officials in public service announcements shall not be considered impermissible gifts to the extent they would otherwise be permitted under Florida law. (Commissioner Sharief)

ACTION:  (T-12:45 PM)  Approved.  In addition, the Board requested that the County Attorney's Office look at variations of restrictions of use for Public Service Announcements relative to elections.  (Refer to minutes for full discussion.)

VOTE:  7-0. 
Commissioners Geller and Sharief voted in the affirmative telephonically.  Commissioners Ryan and Udine were out of the room during the vote.
Why Action is Necessary
Direction from the Broward County Board of County Commissioners is necessary prior to amending an Ordinance.
What Action Accomplishes
Provides direction to the County Attorney.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
Under the Broward County Code of Ethics for Elected Officials, with limited exceptions not relevant here, elected officials are prohibited from accepting anything from lobbyists, principals of lobbyists, vendors, or contractors (collectively, "Lobbyists and Vendors") that has a value in excess of $5. With respect to gifts from other sources, elected officials may not accept anything in their official capacities that has a value in excess of $50. Florida law prohibits an elected official from accepting anything that has a value in excess of $100 from Lobbyists and Vendors. Florida law does not generally impose limitations on gifts from other sources, irrespective of whether such gifts are received in an elected official's official capacity.

The Florida Commission on Ethics has issued opinions finding that public service announcements can be considered gifts bestowing publicity on the participant.

Currently, elected officials are permitted to participate in public service announcements that are paid for and published or broadcast by their own governmental entity (e.g., on the entity's website) subject to filing any required state disclosure (Florida Commission on Ethics Form 10). The proposed amendment would permit a County elected official to participate in a public service announcement that is paid for, broadcast, or published by entities that are not Lobbyists or Vendors (including municipalities and subject to the filing of any required state disclosure) even though the value of any gift resulting therefrom may exceed $50.
Source of Additional Information

Fiscal Impact
Fiscal Impact/Cost Summary:
None.
Attachments
No file(s) attached.


    

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