Resolution 172-1986
..
RESOLUTION NO. 172-1986
A RESOLUTION EXEMPTING AND WAIVING ANY
PROHIBITIONS CONCERNING CONFLICT OF INTEREST
FOR THE PRESENT MEMBERS OF THE TOURIST
DEVELOPMENT COUNCIL.
WHEREAS, it has come to the attention of the Monroe County
Commission that there are certain members of the Tourist Develop-
ment Council of Monroe County, who have business interests but
desire to avoid any conflict as defined by the law, and
WHEREAS, Florida Statutes 112.313 (12), permits and allows
exemption of those who in the opinion of the Commission, do not
have conflicts of interest, now, therefore
BE IT RESOLVED BY THE MAYOR AND COUNTY COMMISSION OF MONROE
COUNTY as follows:
1. That as per Section 112.313(3) and Section 112.313(12)
a waiver is hereby extended to the present members of the Tourist
Development Council of Monroe County, whose names and affil-
iations with businesses are as follows:
City of Key West Mayor Tom Sawyer
Tom Sawyer Interprises - invoices not paid
Invoice No.
Date
Amount
741
108718
482263
1/16/86
3/14/86
4/29/86
$ 277.00
85.00
2,195.25
$2,557.25
TOTAL
Margo Golan - Holiday Inn of Key West
Frank Romano - Key West Aloe
Bill Sellers - Burger King Franchises of the
Florida Keys
Bill Wickers - Owner Charter Boat (Linda D.
III)
George Featherston
General Manager and
employed by Casa Marina
Neil Boyce - General Manager of Holiday Inn
of Key Largo
1
It is the expressed purpose in passing this Resolution that the
County Commission of Monroe County does exempt the present
members mentioned above and specifically excludes them and their
businesses from any provisions of the conflict of interest
statute.
2. So as to conform to the statutory requirements the
following vote reflects the action of the various Commissioners
as concerns this Resolution:
Mayor Wilhelmina G. Harvey
Commissioner Alison Fahrer
Commissioner William "Billy" Freeman
Commissioner John Stormont
Commissioner Ed Swift
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida at a regular meeting of said Board, held
on the 6th day of
June
, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
-. . .H_~_
By ~'~~~~~R7~itIRl-1~
(SEAL)
A ttes t : DANNY L. KOLHAGE, Clerk
c
APPR VED AS TO FORM . ~
BY ~i.'4
Attorney's Office ~
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/';/{S.;El\IPLOYEES, RECORDS
',Y, as opposed to the authority to
" person.
II'Rical attendance on behalf of a
ding of documents on behalf of a
'e%Rr;.~mployees of any agency
IPt~(m;;o~ the prinCipal.:business
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aS~~u~~d value in lieu of a m.ore
1:'" .
lI83/c. .83-282, ~ 1, elf. Oct. 1, 1983,
f ~ _4 ~ \. . ~
/ Art. 2, ~ 8, Therefore, a public
not disclose on Commission on Eth-
IX Iien~ filed hy the IRS" Op,Comm,
'fl. Oct. lB, 1984. ' , . ,'.'
!,hers of unincorporated private in.
ils are required w file statements of
"erests a'nnually pursuant w
ill'Olbe~s of private, nonprofit eorpo-
,t subject to the financial disclosure
'rnm.Ethics, 84-32, May 18, 1984,
.f the Palm Coast service. di.strict
'wil ~re not "local officers" subject
/llent of filing a statement of finan-
annually, as the council is an "ad.
as defined in this section which
,itions for this chapter, Op,Comm,
,.June 16,1983. I, ..;',!/, " '" ;
,. t he housing advisory council are
, the requirement of filing a state-
'al interest.q annually, as the Coun.
'\'isory body" as defined in this
llrnm:Ethics, 83-40, June 16, 1983.
r:,::
d entities, agency
.,j conflict of interest would exist
nayor serves as a member of the
vn development board, which is
"rity of the city comDJission, ! Op,
X4-4?',.June 7, 1984,,:,'" ,:~; ,.: ~"
l'ntlty-In general . '," ',;' .
:'~ of the health council are not
conflict of interest provisions of
I,ies, as they do not hold office in
, rather in a business entity, as
'e defined by provisions of this
'rnm.Ethic8, 83-6, Jan., 27, 1983,
. '. 't '. V," ~, ; :-;
'ntere8t ".'fj .,r,' 1,""',
. agent who is aware of a poten-
'"Jer the Code of Ethics should
prOline whether there has been
, the Code of Ethics before sutho-
./ar purc~1l8e: Op.Comm. Ethics,
1!182: .1,.I'''''T_.' ." , " It ':")
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~:PUBLIC OFFICERS, EMPLOYEES, RECORDS
~ 112.313
~~ 112.313. Standards of ,conduct for public officers and employees of ll,l.;encies
r,l, [See main volume for text of (I) ]
.;~ (2) Solicitation or acceptance of gifts,-No public offi'~er, employee of an agency; ~r
" candidate for nomination or election shall solicit or accept anything 0 f val lIe to the
I" ,. recipient, including a kift, loan, reward, promise of future employment, fa \'or, or service,
, \ based upon any understanding that the vote, official action, or judgment of the public
;1' ; officer, employee, or candidate would be influenced thereby: ". .,
~, . :,} ,I :1 Amended by Laws 1982, c. 82-98. ~ 4, eff. Oct. ], 1982. ' .
\ ~ ,11) , .: ' "1 '
)"", [See main volume fOT text of (3) to (8)]
:,,'. 'k(9) Disclosure of specified interests.-
}':~:'i~' (a) If a public officer or employee of an agency is an officer, dire'~tor, partner,
". ::;1 proprietor, associate, or general agent (other than a resident agent solely for lervice of
I process) of, or owns a material interest in, any business entity which is granted a
:<, "." privilege to operate in this state, he shall file a statement disclosing such facts no later
' ~n,than 45 days after becoming an officer or employee or after the acquisition of such
? position or material interest. The statement shall give the name, addres:;, and principal
~ business activity of the business entity and shall state the position h"ld with such
.:' " business entity or the fact that a material interest is owned and the r'ature of that
;,1 interest, New appointees to public office or new public employees shall fill! the statement
.' :..1 required herein, if applicable, no later than 45 days after their appointmel'1 t or after the
date their employment begins. '. . ',i L'
I . .' i;;Amended by Laws 1982, c, 82-98, ~ 4, efi. Oct. I, 1982. '
" I,
;0 '(b) A person seeking to qualify as a candidate for nomination or election to any office
I.shall file a like statement along with, and as a part of, the required qualifi/~ation papers.
; The stat:ment ,shall be filed. with the Department of State ~f the indiv!duai is seeki.ng a
, . state offIce or IS a state offIcer or employee. Persons seekIng to quahfy as a candidate
\ for nomination or election to office within a political subdivision of the stale, the duties
'and jurisdiction of which are limited to that political subdivision, and I)fficers and
f employees of such subdivisions, shall file their statements with the supervisor of elections
',' \ of the county in which they are principally employed, or are .residents.
, Amended by Laws 1988, c. 83-26, ~ 2, elf. Oct. 1, 1983. : .." .
.; .' q , .
, " [See main volume for text of (10) and (ll)}
.r., (12) Exemptlon.-The requirements of subsections (3) and (7) as they pertain to
" persons serving on advisory boards may be waived in a particular instanct! I)y the body
,:which appointed the person to the advisory board, upon a full disclosure of th.' transaction
;..or relationship to the appointing body prior to the waiver and an affirmative 'fote in favor
, ;. of waiver by two-thirds vote of that body. In instances in which appoint ment to the
. . ! advisory board is made by an individual, waiver may be effected, after publil' hearing, by
1 ,a determination by' the appointing person and full disclosure of the transaction or
,1 . . relationship by the appointee to the appointing person. In addition, no person shall be
;, . . held in violation of subsection (3) or subsection (7) if: '.
',t' t (a) Within a city or county the business is transacted under a rotation systl'm whereby
:..:; ;'. the business transactions are rotated among all qualified suppliers of the goods or
~: "1services within the city or county, " .
;~ :;:" (b) The business is .awarded under a system of sealed, competitive bidding to the lowest
~~'. / or best bidder and:":' , ", " ".
"
':~ /( 1. The official or his spouse or child has in no way participated in the determination of
:.J'" ),the bid specifications or the determination of the lowest or best bidder;
'/j.', IJ 2, The official or his spouse or child has in no way used or attempted to use his
;~' 'i,influence to persuade the agency or any personnel thereof to enter such a con tract other
/',;' ':. than by the mere submission of. the bid; and . . , 'r ' : . ,
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3. The official, prior to or at the time of the submission of the bid, has filed a
statement with the Department of State, if he is a state officer or employee, or with the
supervisor of elections of the county in which the agency has its principal office,. if he is
' an officer or employee of a political subdivision, disclosing his interest, or the interest of
his spouse or child, and the nature of the intended business, '
' ,(c) The purch1l$e, or sale is for legal advertising in a newspaper, for any utilities service,
or for passage on a common carrier.' . , "', " '
(d) An emergency purchase or contract which would otherwise violate a provision of
subsection (3) or subsection (7) must be made in order to protect the health, safety, or
welfare of the citizens of the state or any political subdivision thereof.
(e) The business entity involved is the only source of supply within t{1e political
subdivision of the officer or employee and there is full disclosure by the officer or
. employee of his interest in the business entity to the governing body of the political
r subdivision prior to the purchase, rental, sale, leasing, or other business being transacted,
(f)The total amount of the subject transaction does not exceed $500, ' ',',
' Amended by Laws 1982, 'c. 82-98, ~ 4, eff. Oct. I, 1982; Laws 1983, c, 83-26, ~ 2, eff. Oct. I, 1983;
'Laws 1983,c, 83-282, ~ 6, eff. June 24,1983. '.' ;, " : . .,' . "
j (g) The fact that'a county or municipal officer or member of a public board or body,
. including a district 'school officer or an officer of any district within a county, is a
,stockholder, officer, or director of a bank will not bar such bank from qualifying as a
depository of funds coming under the jurisdiction of any such public board or body,
provided it appears in the records of the agency that the governing body of the agency
has cletermined that such officer or member of a public board or body has not favored
'such b'ank over other qualified banks. ' ,
Amended, by LawS~983, c,,83::282~ ~,6,. eff. June 24,)983; Laws 1985, c, 8&-80, ~ }4, eft, July 30,
'}985, ',., \ "'.f' ',', ,'" '.", , , , " , ""
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PUBLIC OFFICERS, EMPLOYEES, RECORDS
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, Laws 1982, c. 82-98, ~ 4, in subsec, (2), deleted
; par. (a), and the designation of par. (b); in the
third sentence of subsec. (9) (a), substituted "45
days" for "30 days"; and in subsec. (12), insert-
ed "to the appointing body prior to the waiver"
in the first sentence, inserted "to the appointing
person" in the second sentence; and in subsec,
(12) (e), inserted "by the officer or employee" 2. - Due process, validity
and inserted "prior to the purchase, rental, sale, This section prohibiting public officer or em.
.Ieasing, or other business being transacted." ployee of an agency from corruptly using or
attempting to use his official position to secure
' Laws 1983, c. 83-26, ~ 2, substituted "supervi., special privilege or benefit for himself gave ade-
::~or of elections" for "clerk of t~e circuit court'~" quate notice that sexual harassment was prohib-
' In subsecs. (9)(b) and (12)(b)3. ited, and was not unconstitutionally vague as
Laws" ~983" c, ,83-282",~ 6,::,added ~ubsec", applied to community college president charged
. (12)(g). , r with sexual harassment of female employees.
Laws 1985, c. 85-80, ~ '14, eff. July 30, 1985, a; Garner v. State Com'n of Ethics, App. 2 Dist.,
reviser's. bill, modified subsec. (12)(g), of ,this 439 So.2d 894 (1983) review denied 449 So.2d 264.
section correctively. . I.' " 'This section stating that no public officer or
'/""''(1 ' In,.,,: :;'!.' I, '. ,-,~.", employee of agency shall corruptly use or at-
" ;.; "', , :' ' ~:""';' ; I. .' e,;, tempt to use his official position or any property
Notes of Decisions or resource which may be within his trust, or
' Defense expenses' 216 ' ; 'i', ',If '.") ',' , ", :'~ perform his official duties, to Secure special priv-
Dismissal of actions 37 ' , i1ege, benefit or exemption for himself or others
Jurisdiction 34.5 is not unconstitutionally vague. ' Garner v. Flor-
'Lonn from" agency. contractual relationship, ida Com'n on Ethics, App., 416 So.2d 67 (1982).
ethics commission opinions 189.5 , Prohibition under this section against having
. Prior contracts,.'. contractual . relationship ,or holding any employment that will create a
' 184,5" ,.. "" . , continuing or frequently recurring "conflict" be-
Sales to employees,' employment conll/ct, eth.' 'tween a public officer's private interests and
Ics commission opinions 162.5 ' 'performance of his public duty is not too impre-
84 .
Sexual harallsment 36
Support organizations, contractual relation.
ship, ethi~s, commission opinions 183.5 ,
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Ch. 112
('~_/'
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CODE OF ETHICS
~ 112.313
slRtance parnwlltR pro~ram would
hnve a contrndllal rellltion~hlp with
hllil tenllnt were he to participnte III
the pro~ram, n re~identinl t('nnnt Is
not deemed to cOIIRtltute n "hllRineRlil
entltr" alil that term tlil defillerl III
Fla.Rt,1975, 5 112.312(:1). Op,Comm,
gthlcR, 77-88, .Tune 17, 1977.
'Vhere all I nIl i v)d 11111, elllplo)'l'd on Il
cOllll1liRlilillll hul'lls III Il rl'al l'stnte of-
fice owned hy n city cOllncill1lnll sells
prh'ntely held propl'rt). to n IIlllnid.
pulltr, the Individunl llil nctlllt:: 1I0t In
his capacity aR It real estate "aleRlIlan,
but alil a self.emplored Individual,
and therefore alil It "hllslness elltlty"
pursuant to the definltloll contalllell
In Fla.St.1I)75, 5 112.312(3). The
councilman's ("llntrnct with the Indi-
vidual l!>l III the latter's cllpacity n~
an emplo)'ee, lIot ns a hlll'lineslil entl.
tr. Op.Comm.Ethics, 76-88, !\In)' 17,
1976.
79, Candidate
Althou~h the hoard of !H1pervlsors
of the Old Plnntation wllter control
district who nre eleded by landown-
ers at annual IIIl'etlngR are cllIIdl-
datelil withIn the 1I'~ul definition III ~
112.:U2(3), ns Ulllelllll'd h)' l,nws H174,
c. 74-177, tlH'Y do not lIIl'et the deflll'
Itlve uelilcrlptillll of fi 112,:\14;;(1), in
whIch the Il'~islnture rl'qllirl'd finan-
dnl di!!l'losure of cllllllirlatl'l'l cOlllplet-
In~ forlllal IIl1nllfll-ntlon pl'f)el'dllre~,
'1'hIlS, cUlldidutl'!'! for the honrd are
1I0t requi red tll file CI'; Form 1. Op.
Cornm.l<;thh~, 7!i-:'lI'i, Feh. 21, HI75,
A re('I'lIt 1'lIlin~ hy the jlldll'lal
(IUallflcutlolltl cOlllmls!!ioll mal,ell can-
(lillnte~ for judicial ofClee Ruhjel't to
the finnncllll dl!>ll'losure requirement!'!
of part 111 llf thiR chapter alil nmend-
I'd hy Laws 1974, c. 74-177. Op.
Comm.I<~thlcR, 74-49, Nov" 1, 1974.
80. Corruptly
A stllte senator'R Ulile of funds from
dl!"trlct office eXIlP.nSI'R to purchaRe
newspnper Rpace a(h'I~lng of the
UVllllllhllit). and fUIICtlOIlS of ~lIlil of-
fice llil not ,10111' corruptly liS dl'flned
hy FIII.Ht.l!I7Il, Hupp. ~ 112.312(7) un-
less such use of funds were dl'emed
to he unlnwful. Op.Comm.EthlcR,
77-108, July 21, }977.
81, Indirect Interest
'Vhere U ma)'or owns u material
Intere!"t h: three c1osely'held corpora-
tions which own relll 'property In
Floridu, which corporations hold the
titlelil to such prop(!rty which eventu-
all)' will be sold the l'Orpllratlonlil are
deemed tll hold the title to renl prop-
erty III 'u reprl'selltntive cllpllclty for
the corpllrutions' OWllerR, who pOSReSS
the equitable IntereRt in lilald real
property. Op.Comm.Ethlcs, 76-162.
Sept. 13, 1076.
82, Material Interest
Where n )Juhlic officer OWIIS lel'ls
thall 0111' pel'<.'('lIt of the l'ltlH'k III n
hall)" !llIch oWllerRhilllloes 1I0t ('ollstl-
tlltl' a IIInterilll IlItel'est punlllllllt to
Fla$t.l!l74, SlIp)J. ~ 112.:11:!(;;) Iillll
therefore till' officer's nJ:'''IIl~~' llil IIOt
)Jrohlhltt'lI from doin~ hlll'lllI!'Rlil with
thut hallk. Op.Cornlll,J<;thies, 7r>-122,
JUlie 2, 1!l7ii,
112.313 Standards of conduct for public officers and em-
ployees of agencies
(1) Definition.-As used in this section, unless the context
otherwise requires, the term "public officer" shall include any
person elected or appointed to hold office in any agency, includ-
ing any person serving on an advisory body"
(2) Solicitation or acceptance of gifts.-No public officer or
employee of an agency or candidate for nomination or election
shall solicit or accept anything of value to the recipient, includ-
383
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~ 112.313 PUBLIC OFFICE & RECORDS
Title 10
ing a gift, loan, reward, promise of future employment, favor, or
service:
(a) That would .cause a reasonably prudent person to be in-
fluenced in the discharge of official duties,
(b) That is based upon any understanding that the vote, offi-
cial action, or judgment of the public officer, employ~e, or candi-
date would be influenced thereby.
(3) Doing, business with one's agency.-No employee of an
agency acting in his official capacity as a purchasing agent, or
public officer acting in his official capacity, shall either directly
or indirectly purchase, rent, or lease any realty, goods, or serv-
ices for his own agency from any business entity of which he or
his spouse or child is an officer, partner, director, or proprietor
or in which such officer or employee or his spouse or child, or
any combination of them, has a material interest, Nor shall a
public officer or employee, acting in a private capacity, rent,
lease, or sell any realty, goods, or services to his own agency, if
he is a st~te officer or employee; or to any political subdivision
or any agency thereof, if he is serving as an officer or employee
of that political subdivision. The foregoing shall not apply to
district offices maintained by legislators when such offices are
located in the legislator's place of business. This subsection
shall not affect or be construed to prohibit contracts entered
into prior to:
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(a) October 1, 1975,
(b) Qualification for elective office.
(c) Appointment to public office.
(d) Beginning public employment.
(4) Unauthorized compensation.-No public officer or em-
ployee of an agency or his spouse or minor child shall, at any
time, accept any compensation, payment, or thing of value when
such public officer or employee knows, or, with the exercise of
reasonable care, should know, that it was given to influence a
vote or other action in which the officer or employee was expect-
ed to participate in his official capacity,
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(5) Salary and expenses.-No public officer shall be prohibited
from voting on a matter affecting his salary, expenses, or other
compensation as a public officer, as provided by law.
(6) Misuse of public position.-No public officer or employee
of an agency shall corruptly use or attempt to use his official po-
384
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Ch. 112
CODE OF ETHICS
S 112.313
. sition or any property or resource which may be within his
trust, or perform his official duties, to secure a special privilege,
benefit, or exemption for himself or others. This section shall
not be construed to conflict with' s. 104.31.
(7). Conflicting employment 'or contractual relationship.-
(a) No public officer or employee of an agency shall have or
hold any employment or contractual relationship with any busi-.
ness entity or any agency which is subject to the regulation of,.
or is doing business with, an agency of which he is an officer or
employee, excluding those organizations and their officers who,
when acting in their official capacity, enter into or negotiate a
collective bargaining contract with the state or any municipality,
county, or other political subdivision of the state; nor shall an
officer or employee of an agency have or hold any employment
or contractual relationship that will create a continuing or fre-
quently recurring conflict between his private interests and the
performance of his public duties or that would impede the full
and faithful discharge of his public duties.
1. When the agency referred to is that certain kind of spe-
cial tax district created by general or special law and is limited
specifically to constructing, maintaining, managing, and financ-
ing improvements in the land area over which the agency has
jurisdiction, or when the agency has been organized pursuant to
chapter 298, then employment with, or entering into a contrac-
tual relationship with, such business entity by a public officer or
employee of such agency shall not be prohibited by this subsec-
tion or be deemed a conflict per se, However, conduct by such
officer or employee that is prohibited by, or otherwise frustrates
the intent of, this section shall be deemed a conflict of interest
. in violation of the standards of conduct set forth by this section,
2. When the agency referred to is a legislative body and the
regulatory power over the business entity resides in another
agency, or when the regulatory power which the legislative body
exercises over the business entity or agency is strictly through
the enactment of laws or ordinances, then employment or a con-
tractual relationship with such business entity by a public offi-
cer or employee of a legislative body shall not be prohibited by
this subsection or be deemed a conflict.
(b) This subsection shall not prohibit a public officer or em-
ployee from practicing in a particular profession or occupation
when such practice by persons holding such public office or em-
ployment is required or permitted by law or ordinance.
385
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~ 112.313
PUDLIC OFFICE & RECOIWS
Title 10
(8) Disclosure or use of certain information.-No public of-
ficer or employee of an agency shall disclose or use information
not available to members of the general public and gained by
reason of his official position for his personal gain or benefit or
for the personal gain or benefit of any other person or business
entity.
(9) Disclosure of specified interests.-
(a) If a public officer or employee of an agency is an officer,
director, partner, proprietor, associate, or general agent (other
than a resident agent solely for service of process) of, or owns a
material interest in, any business entity which is granted a priv-
ilege to operate in this state, he shall file a statement disclosing
such facts no later than 45 days after becoming an officer or
employee or after the acquisition of such position or material in-
terest. The statement shall give the name, address, and princi-
pal business activity of the business entity and shall state the
position held with such business entity or the fact that a materi-
a.l interest is owned and the nature of said interest. New ap-
poi.ntees to public office or new public employees shall file the
statement required herein', if applicable, no later than 30 days
after their appointment or after the date their employment be-
gins.
(b) A person seeking to qualify as a candidate for nomination
or election to any office shall file a like statement along with,
and as a part of, the required qualification papers, The state-
ment shall be filed with the Department of State If the individu-
al is seeking a state office or is a state officer or employee,
Persons seeking to qualify as a candidate for nomination or elec-
tion to office within a political subdivision of the state, the du-
ties and jurisdiction of which are limited to said political subdi-
vision, and officers and employees of such subdivisions, shall file
their statements with the clerk of the circuit court of the county
in which they are principally employed or are residents,
(10) Employees holding office.-
(a) No employee of a state agency or of a county, municipali-
ty, special taxing district, or other political subdivision of the
state shall hold office as a member of the governing board, coun-
cil, commission, or authority, by whatever name known, which is
his employer while, at the same time, continuing as an employee
of such employer.
(b) The provisions of this subsection shall not apply to any
person holding office in violation of such provisions on the ef-
386
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Ch. 11Z
CODE OF ETlIlCS
S 112.313
fective date of this act, However, such a person shall surrender
his conflicting employment prior to seeking reelection or accept-
ing reappointment to office,
(11) Professional and occupational licensing board members.
-No officer, director, or administrator of a Florida state, coun-
ty, or regional professional or occupational organization or asso-
ciation, while holding such position, shall be ellgible to serve as a
member of a state examining or licensing board for the profes-
sion or occupation,
: 1
(12) Exemption.-The requirements of subsections (3) and
(7) as they pertain to persons serving on advisory boards may
be waived in a particular instance by the body which appointed
the person to the advisory board, upon a full disclosure of the
transaction or relationship and an affirmative vote in favor of
waiver by two-thirds vote of that body, In !nstances in which
appointment to the advisory board is made by an individual,
waiver may be effected, after public hearing, by a determination
by the appointing person and full disclosure of the transaction
or relationship by the appointee, In addition, no person shall be
held in violation of sybsection (3) or subsection (7) if:
(a) Within a city or county the business is transacted under a
rotation system whereby the business transactions are rotated
among all qualified suppliers of the goods or services within said
city or county.
(b) The business is awarded under a system of sealed, com-
petitive bidding to the lowest or best bidder and:
1. The official or his spouse or child has in no way partici- ..,.
pated in the determination of the bid specifications or the deter.',:
mination of the lowest or best bidder; " \....
2, The official or his spouse or child has in no way used or
attempted to use his influence to persuade the agency or any
personnel thereof to enter such a contract other than by the
mere submission of the bid; and
3, The official, prior to or at the time of the submission of
the bid, has filed a statement with the Department of State, if
he is a state officer or employee, or with the clerk of the circuit
court of the county in which the agency has its principal office,
if he is an officer or employee of a political subdivision, disclos-
ing his, or his spouse's or child's, interest and the nature of the
intended business.
(c) The purchase or sale is for legal advertising in a newspa-
per, for any utilities service, or for passage on a common carrier.
387
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Title 10
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9 112.313
PUBLIC OFFICE & HECOlWS
(d) An emergency purchase or contract which would other-
wise violate a provision of subsection (3) or subsection (7) must
be made in oraer to protect the health, safety, or welfare of the
citizens of the state or any political subdivision thereof.
(e) The business entity involved is the only source of supply
within the political subdivision of the officer or employee, and
there is full disclosure of the officer's or empt'oyee's interest in
the business entity to the governing body of the political subdivi-
sion:
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"(4) No offi('l'r or ell1plo)'1'1' o( II
stllte nj!;I'IICY, lej.:i;:llItor, 01' II'J,:i~llIti\'\'
elllployee I<hall lH~('l'pt elll(llo)'lIIl'lIt or
l'1IJ,:IIJ,:e ill allY hll;:\IICSf! 01' )lro(l'I<sloll"
al llctlvity whieh hI' lIIiJ.:ht rellSOllll'
hly eX(ll'ct wOIIIrI 1'I'IJllire or IlIllllcp.
hilll to di;:dosl' 1'011 fi dell ti III ill(orllla-
tion acqlllre(1 hy hilll hy rellfmll of hlA
official pOl<itioll.
"(fi) No offi('l'r or I'lIIployl'1' o( a
Htatl' II J,:eJ\('y , 1('~i;:llItOI', or II'J,:i;:llItl\'1'
elllployee Hha II lIi;:dof!1' ('011 filll'lIt illl
III(Ol'lIIatloll J,:ainel\ h)' 1'l'lI;:on o( hi;:
offie1111 po;:ltloll, 1101' ;:hall Ill' 01111'1"
wise IIse slI('h illfol'lllatioll for his )11'1"
ROllnl J,:1I111 or hl'lIdit.
"(II) No of(iel'r 01" I'l1Iplo)'1'1' of n
lOtntl' aJ,:1' II 1')', Il'J,:iHlator, or 11'j.:i!;\ative
l'lIIplo)TI' Hhall lH~("el't otllPr 1'lIIl'loy-
lIlellt which lIIiJ,:ht illll'air his lillie-
l'elllll'1I1'1' of jlldJ,:IIH'lIt ill the )ll'l'fol'lll-
llnCI' of his I'lIhlie dlltil's,
"(7) ;-';0 offl('1'1' 01' 1'IIll'I0yrl' of II
state aJ,:elu'y, le~islator, or II'J,:i1'<lati\'\~
l'lIIl'lo)'N' shllll rp(,l'iye all)' COIIIJll'IISa-
tiOIl (or his senicl's as all offlel'l' or
ell1)1loyl'1' of a statf' aJ,:eIlC)', 1r'!(lslator
or II'!(islati\'l~ employee (1'0111 III1Y
SOlll'('e otlll'r than Ihis slate, eXI'!'pl
ns III a)' be olherwise provided h)'
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(f) .The total amount of the subject transaction does not ex-
ceed $500.
Historical Note
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Derivation:
Laws l!l77, e. 77-a'l!l, ~ 1.
Laws l!l77, c. 77-174, ~ 1.
Laws Wj'!i. c, 7;'-2014, ~~ 4, l1.
Laws WH, c. 74-177, ~ a.
Lli \\'1'< W\i!l, c. H!l-3:1;" ~ 2.
La.wH l!lIm. c. H!)-l(lIl, ~~ 10, 35,
Law!'! llJli7, c. H7-4HlJ, ~ 3.
The oriJ.:inal provisions of this sec-
tloll ns cOlltnined in l<'la.St,llJH7, pro-
vided:
"112.313 Standards of conduct for
officers and employees of state agen-
cies and legislators and legislative
employees,-
"(1) l'\o o(fi('t'r (II' elllplop'e of a
slntl' 1Ij.:1'1I('y, 1!'J.:lslat.or OJ' 11'J,:lsllltl\'e
elllplo)'I'l' shall H('('I'PI. allY ~ift, (aHlI',
or senlee Ihat lIIiJ,:ht ren1'<onabl)' tend
IllIpropel'ly to IlIflllellce hllll III the
dis('hnrJ,:e of his officinl dlltil's.
"(2) If all offieer or I'lIIplo)'e(' of a
Htnl\' aJ.:ellcy, leJ,:isll\tor or lej!;islllti\'e
elllplo)'ee if! nil o ffi('(' 1', dirl'etor,
Hj.:l'nt. or lIlellllll'r of, or owns n COli'
tl'oIliIlJ,: Intl'rest ill all)' (,ol'jloratioll.
firlll, )lartnel'ship, or other bllsiness
l'utit). which is slIhject to the reJ.:II1a.
tlOII of, or whil'h hilS sllhslalltial
11IlHilless (,ollllllllments fl'om nllY stall'
lIj.:ellcy, he 1'<haII fill' a sworn stllle-
mellt with Ihe secretary of !ltale dis-
c1ofllll~ such illll'rest.
"(:1) No offl(,l'I' 01' l'IIIJllo)'!'!' of II
!ltllte II J,:I'I\('Y, leJ.:'"lntor, or \('j.:I!lllItl\'1'
1'1Il1110)'ee Nlmll 11"1', ell' nltelllpt 10
lise, hlH official pOHltloll to seClII'e
Rpl'l'lal )lri\'lh'J.:l'fl or eXPIlI)ltloIIR (01'
hllllsl'lf 01' olhers, I'Xl'ept 111'1 mllY he
otherwise provided by IlIw.
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Law" Hlli!l, P. 1i!)-lIlIl, ~~ 10, a;" the
(;o\,(!rllllll'lIl111 \{I'OI'!(III1I'1l1tloll Ad,
crl'all'd a (Jppll\'IIIH'lIt of "In\(', alul
II'IIII"fl'l'n'lI Ilu'\'l'lo \'11\'10111'< 1"'\\,l'r",
dlllll'!'!, 111111 flllll'llolIS, alld ('ol'rI~l'fl'd
lel'lullloloj!;~' ill the stntllte>llleeordlllj.:-
I)'. See ~ 20.10.
388
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