Florida Senate - 2014 SB 990 By Senator Ring 29-01054-14 2014990__ 1 A bill to be entitled 2 An act relating to public officers and employees; 3 amending s. 112.313, F.S.; removing an exception from 4 prohibited employment or a prohibited contractual 5 relationship for an officer or employee of certain 6 special tax districts or an agency organized pursuant 7 to ch. 298, F.S.; making technical changes; providing 8 an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsection (7) of section 112.313, Florida 13 Statutes, is amended to read: 14 112.313 Standards of conduct for public officers, employees 15 of agencies, and local government attorneys.— 16 (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.— 17 (a) A
Nopublic officer or employee of an agency may not 18 shallhave or hold any employment or contractual relationship 19 with any business entity or any agency which issubject to the 20 regulation of, or isdoing business with, an agency of which he 21 or she is an officer or employee, excluding those organizations 22 and their officers who, when acting in their official capacity, 23 enter into or negotiate a collective bargaining contract with 24 the state or any municipality, county, or other political 25 subdivision of the state; nor may shallan officer or employee 26 of an agency have or hold any employment or contractual 27 relationship that will create a continuing or frequently 28 recurring conflict between his or her private interests and the 29 performance of his or her public duties or that would impede the 30 full and faithful discharge of his or her public duties. 31 1. When the agency referred to is that certain kind of32 special tax district created by general or special law and is33 limited specifically to constructing, maintaining, managing, and34 financing improvements in the land area over which the agency35 has jurisdiction, or when the agency has been organized pursuant36 to chapter 298, then employment with, or entering into a37 contractual relationship with, such business entity by a public38 officer or employee of such agency shall not be prohibited by39 this subsection or be deemed a conflict per se. However, conduct40 by such officer or employee that is prohibited by, or otherwise41 frustrates the intent of, this section shall be deemed a42 conflict of interest in violation of the standards of conduct43 set forth by this section.44 2.However, if Whenthe agency referred tois a legislative 45 body and the regulatory power over the business entity resides 46 in another agency, or when the regulatory power that whichthe 47 legislative body exercises over the business entity or agency is 48 strictly through the enactment of laws or ordinances, then49 employment or a contractual relationship with such business 50 entity by a public officer or employee of a legislative body is 51 shallnot beprohibited by this subsection or bedeemed a 52 conflict. 53 (b) This subsection does shallnot prohibit a public 54 officer or employee from practicing in a particular profession 55 or occupation if whensuch practice by persons holding such56 public office or employmentis required or authorized permitted57 by law or ordinance. 58 Section 2. This act shall take effect July 1, 2014.