Florida Senate - 2014 CS for SB 990 By the Committee on Governmental Oversight and Accountability; and Senator Ring 585-02535-14 2014990c1 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.; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Subsection (7) of section 112.313, Florida 12 Statutes, is amended to read: 13 112.313 Standards of conduct for public officers, employees 14 of agencies, and local government attorneys.— 15 (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.— 16 (a) A
Nopublic officer or employee of an agency may not 17 shallhave or hold any employment or contractual relationship 18 with any business entity or any agency which issubject to the 19 regulation of, or isdoing business with, an agency of which he 20 or she is an officer or employee, excluding those organizations 21 and their officers who, when acting in their official capacity, 22 enter into or negotiate a collective bargaining contract with 23 the state or any municipality, county, or other political 24 subdivision of the state; nor may shallan officer or employee 25 of an agency have or hold any employment or contractual 26 relationship that will create a continuing or frequently 27 recurring conflict between his or her private interests and the 28 performance of his or her public duties or that would impede the 29 full and faithful discharge of his or her public duties. 30 1. When the agency referred to is that certain kind of31 special tax district created by general or special law and is32 limited specifically to constructing, maintaining, managing, and33 financing improvements in the land area over which the agency34 has jurisdiction, or when the agency has been organized pursuant35 to chapter 298, then employment with, or entering into a36 contractual relationship with, such business entity by a public37 officer or employee of such agency shall not be prohibited by38 this subsection or be deemed a conflict per se. However, conduct39 by such officer or employee that is prohibited by, or otherwise40 frustrates the intent of, this section shall be deemed a41 conflict of interest in violation of the standards of conduct42 set forth by this section.43 2.However, if Whenthe agency referred tois a legislative 44 body and the regulatory power over the business entity resides 45 in another agency, or when the regulatory power that whichthe 46 legislative body exercises over the business entity or agency is 47 strictly through the enactment of laws or ordinances, then48 employment or a contractual relationship with such business 49 entity by a public officer or employee of a legislative body is 50 shallnot beprohibited by this subsection or bedeemed a 51 conflict. 52 (b) This subsection shall not prohibit a public officer or 53 employee from practicing in a particular profession or 54 occupation when such practice by persons holding such public 55 office or employment is required or permitted by law or 56 ordinance. 57 Section 2. This act shall take effect July 1, 2014.