Title 12174 · Code of Ordinances

Sec. 602.201. - Definitions.

Citation: Jacksonville, FL Code of Ordinances § 602.201.

Section: 602.201.

For purposes of this Chapter, the words and phrases defined in this Section shall have the following meanings: Agency means any office, department, board, commission or other division of the City of Jacksonville. Appointed employee means a person holding one of the following public positions: (1) Executive branch employees, appointed by the Mayor or by Constitutional Officers and confirmed by the Council; (2) Any other person appointed by the Mayor or by Constitutional Officers, except persons employed solely in maintenance, clerical, secretarial or similar positions; the Mayor, working in coordination with the Constitutional Officers shall, on July 1 of each year, provide a list of appointees who qualify as "Appointed Employees" to the Office of Ethics, Compliance and Oversight. (3) Any person appointed by the City Council, except persons employed solely in maintenance, clerical, secretarial, or similar positions; the Council Secretary shall, on July 1st of each year, provide a list of appointees who qualify as "Appointed Employees" to the Office of Ethics, Compliance and Oversight. (4) The executive director or chief executive officer of any agency. Appointed official means any person appointed to any board, commission, or authority. Business entity means a corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual or trust, whether fictitiously named or not, doing business in the City. City means the Consolidated City of Jacksonville. Civil service employee means any individual, other than an individual exempted by Section 17.06 , Charter of the City of Jacksonville, receiving compensation for services performed for the City, except individuals performing services as independent contractors. Code means the Jacksonville Ethics Code, Chapter 602 , Ordinance Code. Compensation, as used in Sections 602.801-803, Jacksonville Ordinance Code, means any payment received or to be received by a lobbyist for the performance of lobbying activities, whether the compensation is in the form of a fee, salary, retainer, forbearance, forgiveness, or other form of valuable recompense, or any combination thereof. Elected official means any individual elected to any office created by the Charter of the City of Jacksonville. Employee means any individual, other than an elected official, receiving compensation for services performed for the City except individuals who perform services as independent contractors. Entire Consolidated Government shall mean and include the executive and legislative branches, as well as the Sheriff, Property Appraiser, Supervisor of Elections, Tax Collector, Clerk of the Circuit Court and County, and all independent agencies of the City including, but not limited to, the Duval County School Board, JEA, Jacksonville Port Authority, Jacksonville Aviation Authority, Jacksonville Police and Fire Pension Board of Trustees, Jacksonville Transportation Authority, Jacksonville Housing and Community Development Commission, Jacksonville Housing Finance Authority and the Kids Hope Alliance. Ethics Commission means the Jacksonville Ethics Commission. Executive department means a department of the City as defined in Section 21.101 (a), Ordinance Code. Gift: (1) Gift means that which is accepted by a donee or by another on the donee's behalf, or that which is paid or given to another for or on behalf of a donee, directly, indirectly, or in trust for his or her benefit or by any other means, for which equal or greater consideration is not given. Among other things, a gift may be: (i) Real property; (ii) The use of property; (iii) Tangible or intangible personal property; (iv) The use of tangible or intangible personal property; (v) A preferential rate or terms on a debt, loan, goods, or services, which rate is below the customary rate and is not either a government rate available to all other similar situated government employees or officials or a rate which is available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin; (vi) Forgiveness of indebtedness; (vii) Transportation, other than that provided to a public officer or employee by an agency in relation to officially approved governmental business, lodging or parking; (viii) Food or beverage; (ix) Membership dues; (x) Entrance fees, admission fees, or tickets to events, performance or facilities; (xi) Plants, flowers, or floral arrangements; (xii) Services provided by persons pursuant to a professional license or certificate; (xiii) Other personal services for which a fee is normally charged by the person providing the services; (xiv) Any other similar service or thing having an attributable value not already provided for in this Section. (2) Gift does not include: (i) Salary, benefits, services, fees, commissions, or expenses associated primarily with the donee's employment or business, or provided to the donee as part of the donee's bona fide fact finding efforts on behalf of his or her agency, or provided to the donee by the City, and does not include gifts provided by the City or any governmental agency, to the extent that such gift is not inconsistent with the applicable provisions of F.S. § 112.3148; (ii) Contributions or expenditures reported pursuant to F.S. Ch. 106, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party; (iii) An award, plaque, certificate, or similar personalized item given in recognition of the donee's public, civic, charitable, or professional service; (iv) An honorary membership in a service or fraternal organization presented merely as a courtesy by such organization; (v) The use of a public facility or public property, made available by a governmental agency, for a public purpose; (vi) Transportation provided to an officer or employee by an agency in relation to officially approved governmental business. (vii) Gifts provided directly or indirectly by a State, regional or national organization which promotes the exchange of ideas between, or the professional development of, governmental officials, officers, or employees, and whose membership is primarily composed of elected or appointed officials, officers, or staff, to members of that organization or officials, officers, or staff of a governmental agency that is a member of that organization. (viii) Gifts solicited or accepted from a relative, as that term is defined in F.S. § 112.312(21). (3) For purposes of Section (1) above, intangible personal property means property as defined in F.S. § 192.001(11)(b). Independent agency means the Duval County School Board, the Jacksonville Transportation Authority, the Jacksonville Port Authority, the Jacksonville Aviation Authority, the Police and Fire Pension Fund, JEA, the Jacksonville Housing Authority, Jacksonville Housing Finance Authority, Jacksonville Health Facilities, and the DIA. Lobbying principal means any person providing compensation to a lobbyist in consideration of his or her performance of lobbying activities, regardless of the technical or legal form of the relationship between the principal and the lobbyist. Principal specifically includes a person whose employee or agent lobbies on behalf of the employer or for the benefit, or in the name of the employer. Lobbyist means any natural person who, for compensation seeks, or sought during the preceding 12 months, to influence the governmental decision making of an officer or employee of the City or seeks, or sought during the preceding 12 months, to encourage the passage, defeat, or modification of any proposal or recommendation by an officer or employee of the City. Officer means any person elected to any City office and any appointed official. Person includes individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. Public official means: (1) Member of the City Council and Council-appointed aides; (2) The Mayor and the Mayor's appointed assistants and aides; (3) Chief Administrative Officer; (4) Head of an Executive department, appointed by the Mayor and confirmed by the Council, which also includes the Executive Director of the Human Rights Commission; (5) Deputy director of an executive department, appointed by the Mayor and confirmed by the Council; (6) Chief of a division of an executive department, appointed by the Mayor and confirmed by the Council; (7) Administrative Aide to the Mayor, appointed by the Mayor under § 6.06 of the Charter; and (8) Personal secretary to the Mayor, appointed by the Mayor under § 6.06 of the Charter; and (9) Any individual whose title under civil service is exempt or unclassified; Vendor means a business entity doing business directly with an agency, such as renting, leasing, or selling any realty, goods, or services. (Ord. 97-890-E, § 1; Ord. 1999-796-E, §§ 1, 2; Ord. 2007-329-E, § 3; Ord. 2008-839-E, § 2; Ord. 2016-332-E , §§ 1, 2; Ord. 2017-563-E , § 11; Ord. 2018-710-E , § 1)