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Florida Statute 110.233 - Full Text and Legal Analysis
Florida Statute 110.233 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 110.233 Case Law from Google Scholar Google Search for Amendments to 110.233

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 110
STATE EMPLOYMENT
View Entire Chapter
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 CourtListener

Amendments to 110.233


Annotations, Discussions, Cases:

Cases Citing Statute 110.233

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Dep't of Admin. v. Nelson, 424 So. 2d 852 (Fla. 1st DCA 1982).

Cited 18 times | Published | Florida 1st District Court of Appeal

...Division of Forestry firefighter, to DOA rules declaring a state employee ineligible for continued employment, and deeming him to have resigned, if he qualifies for another public office without his employing agency's and DOA's approval pursuant to section 110.233(4)(a), Florida Statutes (1980 Supp.)....
...And Nelson appeals from another DOAH order rejecting his rule challenge to the effect that the Division of Forestry disapproved his candidacy for the Wakulla County School Board under personnel policies that were required to be, but were not, adopted as rules. We find that section 110.233(4)(a) is a sufficient legislative predicate for DOA Rules 22A-7.10(4)(a) and 22A-13.04....
...ies by state employees. In Rule 22A-7.10, pertaining to "Separations," subsection (4) provides: (4) Unauthorized Seeking or Holding of Public Office — (a) An employee who seeks or holds office contrary to or without complying with the provisions of Section 110.233(4), Florida Statutes, shall be presumed to have become ineligible for continuation of employment and shall be deemed to have resigned from the Career Service without the right to appeal to the Career Service Commission....
...cy because his only alternative was resignation without right of appeal. Nelson refused to withdraw, arguing that there was no conflict of interest. On August 12, the Department's chief of personnel management sent Nelson a letter stating that under section 110.233(4)(a) and Rule 22A-13.04, Nelson was deemed to have resigned on August 15 without right of appeal to the Career Service Commission because he qualified for office without the necessary prior approval....
...ermination procedures affording a fair hearing but without recourse to the Career Service Commission. Seen in this light, and with appropriate deference to DOA's interpretative powers as the agency to whom the legislature committed implementation of section 110.233(4)(a), the challenged rules must be judged a lawful exercise of the legislatively delegated authority....
...Several considerations impel us to this view: First and foremost, the 1970 legislature took pains to substitute, for the Career Service Commission's case-by-case method of defining (4)(a) violations and their consequences, "a definite set of rules and procedures consistent with the provisions" of section 110.233(4)(a), to be promulgated by DOA....
...gency rules, conduct unbecoming a public employee, misconduct, habitual drug abuse, or conviction of any crime involving moral turpitude. Section 110.227(1), Fla. Stat. (1979). DOA, on the other hand, determined that the critical issue arising under section 110.233(4)(a) — whether an employee's candidacy or holding of local public office involves an "interest which conflicts or activity which interferes" with state employment — should if possible be determined prospectively....
...Accordingly, we uphold Rules 22A-7.10(4)(a) and 22A-13.04 as having been promulgated by DOA in the lawful exercise of delegated legislative authority. Using DOA's appeal as a vehicle to present to us a related constitutional question that the hearing officer had no authority to decide, Nelson argues that the statute itself, section 110.233(4)(a), unconstitutionally delegates the legislative authority without adequate standards for its exercise....
...The order in No. AB-11, declaring DOA's rules invalid, is REVERSED. The order in No. AB-12, rejecting Nelson's challenge to policy not promulgated as rules, is AFFIRMED. JOANOS and THOMPSON, JJ., concur. NOTES [1] Section 110.092, Fla. Stat. (1967); section 110.233, Fla. Stat. (1980 Supp.). [2] Ch. 70-277, § 1, Laws of Fla.; section 110.233(4)(a), Fla....
...d Retirement of the Department of Administration. Subsequently the name of the Division was changed and, by chapter 79-190, reference to the Division was replaced by a general reference to the Department of Administration. The statute was renumbered § 110.233(4)(a) by reviser in 1979....
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Humphries v. Dep't of High. Saf. & Motor Vehs., 400 So. 2d 1311 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20529

99.012(7) and did not purport to construe Section 110.233(4) and concluded: “Therefore, Florida highway
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Ago (Fla. Att'y Gen. 2002).

Published | Florida Attorney General Reports

While not applicable to school districts, section 110.233(2), Florida Statutes, offers direction by prohibiting
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Nelson v. Dep't of Agric. & Consum. Servs., 424 So. 2d 860 (Fla. 4th DCA 1982).

Published | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 21753

Department of Administration (DOA) implementing section 110.233(4)(a), Florida Statutes (1979). That statute
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Ago (Fla. Att'y Gen. 2000).

Published | Florida Attorney General Reports

substantially the following question: Does section 110.233(4), Florida Statutes, prohibit a career service
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Ago (Fla. Att'y Gen. 1980).

Published | Florida Attorney General Reports

executive committee of a political party. Section 110.233(4)(a), F. S., provides in pertinent part that

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