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 No public officer or employee of an agency may not
   17  shall have or hold any employment or contractual relationship
   18  with any business entity or any agency which is subject to the
   19  regulation of, or is doing 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 shall an 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 of
   31  special tax district created by general or special law and is
   32  limited specifically to constructing, maintaining, managing, and
   33  financing improvements in the land area over which the agency
   34  has jurisdiction, or when the agency has been organized pursuant
   35  to chapter 298, then employment with, or entering into a
   36  contractual relationship with, such business entity by a public
   37  officer or employee of such agency shall not be prohibited by
   38  this subsection or be deemed a conflict per se. However, conduct
   39  by such officer or employee that is prohibited by, or otherwise
   40  frustrates the intent of, this section shall be deemed a
   41  conflict of interest in violation of the standards of conduct
   42  set forth by this section.
   43         2. However, if When the agency referred to is a legislative
   44  body and the regulatory power over the business entity resides
   45  in another agency, or when the regulatory power that which the
   46  legislative body exercises over the business entity or agency is
   47  strictly through the enactment of laws or ordinances, then
   48  employment or a contractual relationship with such business
   49  entity by a public officer or employee of a legislative body is
   50  shall not be prohibited by this subsection or be deemed 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.