Florida Senate - 2023                                     SB 620
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00681A-23                                           2023620__
    1                        A bill to be entitled                      
    2         An act relating to conflicting employment or
    3         contractual relationships for public officers or
    4         employees; amending s. 112.313, F.S.; deleting an
    5         exception authorizing certain public officers or
    6         employees to be employed by, or to enter into a
    7         contractual relationship with, specified agencies;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (a) of subsection (7) of section
   13  112.313, Florida Statutes, is amended to read:
   14         112.313 Standards of conduct for public officers, employees
   15  of agencies, and local government attorneys.—
   16         (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—
   17         (a)1. No public officer or employee of an agency shall have
   18  or hold any employment or contractual relationship with any
   19  business entity or any agency which is subject to the regulation
   20  of, or is doing business with, an agency of which he or she is
   21  an officer or employee, excluding those organizations and their
   22  officers who, when acting in their official capacity, enter into
   23  or negotiate a collective bargaining contract with the state or
   24  any municipality, county, or other political subdivision of the
   25  state; nor shall an officer or employee of an agency have or
   26  hold any employment or contractual relationship that will create
   27  a continuing or frequently recurring conflict between his or her
   28  private interests and the performance of his or her public
   29  duties or that would impede the full and faithful discharge of
   30  his or her public duties.
   31         1. When the agency referred to is that certain kind of
   32  special tax district created by general or special law and is
   33  limited specifically to constructing, maintaining, managing, and
   34  financing improvements in the land area over which the agency
   35  has jurisdiction, or when the agency has been organized pursuant
   36  to chapter 298, then employment with, or entering into a
   37  contractual relationship with, such business entity by a public
   38  officer or employee of such agency shall not be prohibited by
   39  this subsection or be deemed a conflict per se. However, conduct
   40  by such officer or employee that is prohibited by, or otherwise
   41  frustrates the intent of, this section shall be deemed a
   42  conflict of interest in violation of the standards of conduct
   43  set forth by this section.
   44         2. When the agency referred to is a legislative body and
   45  the regulatory power over the business entity resides in another
   46  agency, or when the regulatory power which the legislative body
   47  exercises over the business entity or agency is strictly through
   48  the enactment of laws or ordinances, then employment or a
   49  contractual relationship with such business entity by a public
   50  officer or employee of a legislative body shall not be
   51  prohibited by this subsection or be deemed a conflict.
   52         Section 2. This act shall take effect July 1, 2023.