Item D09 D9
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
July 17, 2024
Agenda Item Number: D9
2023-2658
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan 305-296-1552
N/A
AGENDA ITEM WORDING:
Approval of waiver of standard of conduct provisions of F.S. 112.313 (3) and (7), as allowed under F.S.
112.313 (12) for advisory board members appointed by the Board of County Commissioners (BOCC).
The waiver is for District Advisory Committees (DAC) member Ms. Audra Hill Wallace.
ITEM BACKGROUND:
In accordance with F.S. 112.313(12), as the appointing body, the BOCC may waive potential conflicts
under F.S. 112.313(3) and(7) for advisory board members. DAC members that are appointed by the
TDC may likewise seek waivers of conduct from the TDC. The Florida Commission on Ethics has
created Form 4A- Disclosure of Business Transaction, Relationship or Interest, which is completed and
attached for each member and is allowed to be approved by the appointing body, which for these
members is the BOCC. Form 4A only needs to be completed once for the disclosing business
transaction, relationship or interest. The advisory board members currently abstain from voting on such
matters and will continue to abstain from voting on such matters even with waivers granted by the
BOCC. Waivers for advisory board members are sought for the following potential conflicts:
Audra Hill Wallace, At Large Representative DAC V, contracts or is retained by Marine Resources
Development Foundation, Inc. for Certified Public Accounting (CPA) services and Marine Resources
Development Foundation, Inc. is periodically awarded TDC funding for capital projects and enters into
grants agreements with the County for capital projects.
PREVIOUS RELEVANT BOCC ACTION:
The advisory board member was previously appointed by the BOCC.
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INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Audra Hill Wallace Marine Lab Waiver.pdf
FINANCIAL IMPACT:
None
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FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP OR INTEREST
LAST NAME-FIRST NAME-MIDDLE INITIAL OFFICE/POSITION HELD
Hill Wallace, Audra Member - At Large Representative
MAILING ADDRESS AGENCY OR ADVISORY BOARD
10241.1 Overseas Highway District V Advisory Committee
CITY ZIP COUNTY ADDRESS OF AGENCY
Key Largo 33037 Monroe 1201 White St. Suite 102 Key West, FL 33040
HOW TO COMPLETE AND FILE THIS FORM:
Parts A and B of this form serve two different purposes. Part A is for advisory board members who wish to use an exemption in the
ethics laws that is applicable only to advisory board members. Part B is for public officers and employees who wish to use a sepa-
rate exemption that is applicable when the business entity involved is the sole source of supply within the political subdivision. In
order to complete and file this form:
• Fill out Part A or Part B, as applicable.
• Sign and date the form on the reverse side.
• File Part A with the appointing body or person that will be waiving the restrictions of 112.313(3)or(7), Fla. Stat.,
prior to the waiver.
• File Part B with the governing body of the political subdivision in which the reporting person is serving, prior to the
transaction.
PART A.DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER
WHO MUST COMPLETE THIS PART:
Sections 112.313(3)and 112.313(7), Florida Statutes, prohibit certain business relationships on the part of public officers
and employees, including persons serving on advisory boards. See Part III, Chapter 112, Florida Statutes, and/or the
brochure entitled"A Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees"for more
details on these prohibitions. However, Section 112.313(12), Florida Statutes, permits the appointing official or body to
waive these requirements in a particular instance provided:(a)waiver by the appointing body must be upon a two-thirds
affirmative vote of that body;or(b)waiver by the appointing person must be effected after a public hearing; and (c) in either
case the advisory board member must fully disclose the transaction or relationship which would otherwise be prohibited by
Subsections(3)of(7)of Section 112.313, Florida Statutes. This Part of Form 4A has been prescribed by the Commission
on Ethics for such disclosure,if and when applicable to an advisory board member.
PLEASE COMPLETE THE FOLLOWING:
1. The partnership,directorship, proprietorship,ownership of a material interest, position of officer,employment,or contractual
relationship which would otherwise violate Subsection(3)or(7)of Section 112.313, Florida Statutes,is held by[please
check applicable space(s)]:
(� The reporting person;
( ) The spouse of the reporting person,whose name is ; or
( ) A child of the reporting person,whose name is
2. The particular transaction or relationship for which this waiver is sought involves[check applicable space]:
(� Supplying the following realty, goods,and/or services: CPA Services for Marine Resources Development
Foundation, Inc.
( ) Regulation of the business entity by the governmental agency served by the advisory board member.
3. The following business entity is doing business with or regulated by the governmental agency:
Marine Resources Development Foundation, Inc.
4. The relationship of the undersigned advisory board member,or spouse or child of the advisory board member,to the busi-
ness entity transacting this business is[check applicable spaces]:
( )Officer;( )Partner; ( )Associate;( )Sole proprietor, ( )Stockholder; ( )Director; ( )Owner of in excess of 51/6 of
the assets of capital stock in such business entity; ( ) Employee; (X) Contractual relationship with the business entity;
( )Other,please describe:
CE FORM 4A-REV.1-98 (CONTINUED ON REVERSE SIDE)
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PART B -DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY
WHO MUST COMPLETE THIS PART:
Sections 112.313(3)and 112.313(7), Florida Statutes, prohibit certain employment and business relationships on the part of pub-
lic officers and employees. See Part III,Chapter 112, Florida Statutes,and/or the brochure entitled"A Guide to the Sunshine
Amendment and Code of Ethics for Public Officers and Employees"for more details on these prohibitions. However, Section
112.313(12)(e), Florida Statutes,provides an exemption from the above-mentioned restrictions in the event that the business
entity involved is the only source of supply Within the political subdivision of the officer or employee. In such cases the officer's
or employee's interest in the business entity must be fully disclosed to the governing body of the political subdivision. This Part
of Form 4A has been prescribed by the Commission on Ethics for such disclosure, if and when applicable.
PLEASE COMPLETE THE FOLLOWING:
1. The partnership,directorship,proprietorship, ownership of a material interest, position of officer, employment,or contractual
relationship which would otherwise violate Subsection (3)or(7)of Section 112.313, Florida Statutes, is held by[please
check applicable space(s)]:
( ) The reporting person;
( ) The spouse of the reporting person,whose name is ; or
( ) A child of the reporting person, whose name is
2. The following are the goods, realty, or services being supplied by a business entity with which the public officer or employee,
or spouse or child of such officer or employee,is involved is:
3. The business entity which is the only source of supply of the goods,realty,or services within the political subdivision is:
(NAME OF ENTITY) (ADDRESS OF ENTITY)
4. The relationship of the undersigned public officer or employee, or spouse or child of such officer or employee,to the busi-
ness entity named in Item 3 above is[check applicable spaces]:
( )Officer, ( )Partner; ( )Associate; ( )Sole proprietor; ( )Stockholder; ( )Director; ( )Owner of in excess of 5% of
the assets or capital stock in such business entity; ( )Employee; ( ) Contractual relationship with the business entity;
( )Other,please describe:
SIGNATURE
SIGNATURE DATE SIGNED DATE FILED
UAW
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES s.112.317,A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND
MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,DEMOTION,
REDUCTION IN SALARY REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$10.000.
CE FORM 4A—REV.1-98 [CONTINUED FROM FIRST SIDE]