Florida Senate - 2017 SENATOR AMENDMENT Bill No. CS for HB 1379 Ì657796gÎ657796 LEGISLATIVE ACTION Senate . House . . . Floor: 2/RE/3R . 05/05/2017 10:31 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bradley moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 51 and 52 4 insert: 5 Section 2. Paragraph (a) of subsection (7) of section 6 112.313, Florida Statutes, is amended to read: 7 112.313 Standards of conduct for public officers, employees 8 of agencies, and local government attorneys.— 9 (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.— 10 (a) No public officer or employee of an agency shall have 11 or hold any employment or contractual relationship with any 12 business entity or any agency which is subject to the regulation 13 of, or is doing business with, an agency of which he or she is 14 an officer or employee, excluding those organizations and their 15 officers who, when acting in their official capacity, enter into 16 or negotiate a collective bargaining contract with the state or 17 any municipality, county, or other political subdivision of the 18 state; nor shall an officer or employee of an agency have or 19 hold any employment or contractual relationship that will create 20 a continuing or frequently recurring conflict between his or her 21 private interests and the performance of his or her public 22 duties or that would impede the full and faithful discharge of 23 his or her public duties. It shall not be a violation of this 24 section if a public officer is an attorney and another member of 25 the officer’s law firm appears in front of an agency of which 26 the officer is a member. If an officer of an agency, other than 27 those referred to in subsection (1) or subsection (2), is an 28 attorney and another member of the officer’s law firm appears 29 before an agency of which the officer is a member, the officer 30 must recuse himself or herself from any and all votes pertaining 31 to any matter or client whom the law firm is representing before 32 the agency. The officer must announce a conflict; recuse himself 33 from the vote; not take part in any discussions, questions, or 34 debate on the matter; and not discuss the matter with any other 35 officer or employee of the agency or of the officer’s law firm. 36 1. When the agency referred to is that certain kind of 37 special tax district created by general or special law and is 38 limited specifically to constructing, maintaining, managing, and 39 financing improvements in the land area over which the agency 40 has jurisdiction, or when the agency has been organized pursuant 41 to chapter 298, then employment with, or entering into a 42 contractual relationship with, such business entity by a public 43 officer or employee of such agency shall not be prohibited by 44 this subsection or be deemed a conflict per se. However, conduct 45 by such officer or employee that is prohibited by, or otherwise 46 frustrates the intent of, this section shall be deemed a 47 conflict of interest in violation of the standards of conduct 48 set forth by this section. 49 2. When the agency referred to is a legislative body and 50 the regulatory power over the business entity resides in another 51 agency, or when the regulatory power which the legislative body 52 exercises over the business entity or agency is strictly through 53 the enactment of laws or ordinances, then employment or a 54 contractual relationship with such business entity by a public 55 officer or employee of a legislative body is
shallnot be56 prohibited by this subsection or bedeemed a conflict, and the 57 provision in this subsection requiring attorney recusal does not 58 apply. 59 60 ================= T I T L E A M E N D M E N T ================ 61 And the title is amended as follows: 62 Between lines 6 and 7 63 insert: 64 112.313, F.S.; allowing the associates of the officer 65 to appear before the agency of which an officer is a 66 member; requiring an officer of an agency to recuse 67 himself or herself from certain votes under certain 68 circumstances; specifying requirements for the 69 recusal; providing an exception; amending s.