Florida Senate - 2009 SB 2532
By Senator Bennett
21-01665-09 20092532__
1 A bill to be entitled
2 An act relating to public employment; amending s.
3 112.3135, F.S.; deleting a provision that exempts
4 district school boards or community college districts
5 from a restriction on the employment of relatives;
6 amending s. 112.313, F.S.; prohibiting a public
7 officer from receiving dual compensation or being paid
8 more than once for coincident hours of the workday;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (a) of subsection (1) of section
14 112.3135, Florida Statutes, is amended to read:
15 112.3135 Restriction on employment of relatives.—
16 (1) In this section, unless the context otherwise requires:
17 (a) “Agency” means:
18 1. A state agency, except an institution under the
19 jurisdiction of the Board of Governors of the State University
20 System;
21 2. An office, agency, or other establishment in the
22 legislative branch;
23 3. An office, agency, or other establishment in the
24 judicial branch;
25 4. A county;
26 5. A city; and
27 6. Any other political subdivision of the state, except a
28 district school board or community college district.
29 Section 2. Paragraph (a) of subsection (7) of section
30 112.313, Florida Statutes, is amended to read:
31 112.313 Standards of conduct for public officers, employees
32 of agencies, and local government attorneys.—
33 (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—
34 (a) No public officer or employee of an agency shall have
35 or hold any employment or contractual relationship with any
36 business entity or any agency which is subject to the regulation
37 of, or is doing business with, an agency of which he or she is
38 an officer or employee, excluding those organizations and their
39 officers who, when acting in their official capacity, enter into
40 or negotiate a collective bargaining contract with the state or
41 any municipality, county, or other political subdivision of the
42 state; nor shall an officer or employee of an agency have or
43 hold any employment or contractual relationship that will create
44 a continuing or frequently recurring conflict between his or her
45 private interests and the performance of his or her public
46 duties or that would impede the full and faithful discharge of
47 his or her public duties.
48 1. When the agency referred to is that certain kind of
49 special tax district created by general or special law and is
50 limited specifically to constructing, maintaining, managing, and
51 financing improvements in the land area over which the agency
52 has jurisdiction, or when the agency has been organized pursuant
53 to chapter 298, then employment with, or entering into a
54 contractual relationship with, such business entity by a public
55 officer or employee of such agency shall not be prohibited by
56 this subsection or be deemed a conflict per se. However, conduct
57 by such officer or employee that is prohibited by, or otherwise
58 frustrates the intent of, this section shall be deemed a
59 conflict of interest in violation of the standards of conduct
60 set forth by this section.
61 2. When the agency referred to is a legislative body and
62 the regulatory power over the business entity resides in another
63 agency, or when the regulatory power which the legislative body
64 exercises over the business entity or agency is strictly through
65 the enactment of laws or ordinances, then employment or a
66 contractual relationship with such business entity or agency by
67 a public officer or employee of a legislative body shall not be
68 prohibited by this subsection or be deemed a conflict unless the
69 public officer is receiving dual compensation or being paid more
70 than once for coincident hours of the workday.
71 Section 3. This act shall take effect July 1, 2009.