§ 2-452. Definitions.

As used in this article, the following terms shall have the meanings given herein. All other terms used in this article shall have the meaning provided in Part III, Chapter 112, Florida Statutes:

(a)

Board or BCC means the Orange County Board of County Commissioners.

(b)

Business Associate has the meaning ascribed in subsection 112.312(4), Florida Statutes, and is defined to mean any person or entity engaged in or carrying on a business enterprise with a public officer, public employee, or candidate as a partner, joint venture, corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange, or co-owner of property. In addition, the term includes any person or entity engaged in or carrying on a business enterprise, or otherwise engaging in common investment, with a public officer, public employee, or candidate as a partner, member, shareholder, owner, co-owner, joint venture partner, or other investor, whether directly or indirectly, whether through a Business Entity or through interlocking Parent Entities, Subsidiary Entities, or other business or investment scheme, structure, or venture of any nature.

(c)

Business Entity is defined to mean any corporation, limited liability company, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not.

(d)

Business Relationship means the creation of a Business Relationship with a Business Associate.

(e)

County means Orange County, Florida.

(f)

County Ethics Officer means the county attorney or designee designated as the local ethics officer by executive order.

(g)

County Investigative Officer ("Investigator") means the County Ombudsman or an authorized agent retained by independent contract with the County whose duty it is to administer and process the provisions of this article.

(h)

De Minimus means any benefit, property, or service that has value of five dollars ($5.00) or less.

(i)

Form 1, Form 6 and Form 8B means those forms described in section 112.3147, Florida Statutes, which are prescribed by the Commission on Ethics.

(j)

Hearing Officer means the person authorized under this Code and retained by contract with the County for the purpose of holding final administrative hearings and establishing penalties, consistent with the provisions of section 162.03, Florida Statutes, for alleged violations of this article.

(k)

Indirect or Indirect Interest has the meaning ascribed in subsection 112.312(13), Florida Statutes, and is defined to mean an interest in which legal title is held by another as trustee or other representative capacity, but the equitable or beneficial interest is held by the person required to file under this part.

(l)

Local Financial Disclosure means the four (4) additional statements of financial interests required to be filed pursuant to section 2-453 of this Code.

(m)

Material interest has the meaning ascribed in subsection 112.312(15), Florida Statutes, and is defined to mean direct or Indirect ownership of more than five (5) percent of the total assets or capital stock of any Business Entity. For the purposes of this act, Indirect ownership does not include ownership by a spouse or minor child.

(n)

Mayor means the Orange County Mayor.

(o)

Parent Entity means a separate Business Entity that either (i) owns all or a Significant Interest in a Subsidiary Entity or (ii) controls all or a material portion of the operations or assets, or both, of a Subsidiary Entity.

(p)

Perception or Appearance of Conflict is intended to be construed consistent with the intent stated at section 112.311, Florida Statutes, and, for the limited purposes described in this article, in addition to the ordinary meaning of the terms "Perception or Appearance of Conflict," this term shall be deemed to include a situation where the mayor or commissioner has or had, within a previous two-year period, a potential conflict of interest due to involvement in a Business Relationship with a person now bringing the matter before the Board.

(q)

Significant Interest means direct or Indirect ownership of more than one thousand dollars ($1,000.00) of assets or capital stock of any Business Entity, as defined in this Code, or a return on investment either directly or indirectly valued in excess of one thousand dollars ($1,000.00) from any Subsidiary Entity within the previous twelve-month calendar reporting period.

(r)

Special Master means the person authorized by this Code and retained by contract with the County to hold hearings for the purpose of determining probable cause, consistent with the provisions of section 162.03, Florida Statutes, for alleged violations of this article.

(s)

Stand-Alone Social Event means a social gathering or function of ten (10) or more persons, the purpose of which is to celebrate or memorialize a particular holiday or event. Examples of stand-alone social events shall include, but not be limited to: baby showers, birthdays, engagement parties, funerals, graduation parties, grand openings, holiday celebrations, and weddings. Any social event, the purpose of which may be related to lobbying or otherwise seeking to influence the mayor or a commissioner on a matter that is scheduled to come before the Board, would not qualify as a stand-alone social event.

(t)

Subsidiary Entity means a separate Business Entity controlled by another independent or separate Business Entity, in which the controlling Business Entity's interest constitutes a Significant Interest, as defined in this Code.

(Ord. No. 2008-15 , § 2, 7-8-08; Ord. No. 2010-08 , § 2, 6-29-10; Ord. No. 2011-09 , § 2, 6-28-11)