Florida Senate - 2011 SB 98
By Senator Ring
32-00109-11 201198__
1 A bill to be entitled
2 An act relating to local government attorneys;
3 amending s. 112.313, F.S.; prohibiting a local
4 government attorney or the law firm in which the
5 attorney is a member, partner, or employee from
6 representing more than one local government within a
7 county with respect to certain matters; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (16) of section 112.313, Florida
13 Statutes, is amended to read:
14 112.313 Standards of conduct for public officers, employees
15 of agencies, and local government attorneys.—
16 (16) LOCAL GOVERNMENT ATTORNEYS.—
17 (a) For the purposes of this section, “local government
18 attorney” means any individual who routinely serves as the
19 attorney for a unit of local government. The term does shall not
20 include any person who renders legal services to a unit of local
21 government pursuant to contract limited to a specific issue or
22 subject, to specific litigation, or to a specific administrative
23 proceeding. For the purposes of this section, “unit of local
24 government” includes, but is not limited to, municipalities,
25 counties, and special districts.
26 (b) It is shall not constitute a violation of subsection
27 (3) or subsection (7) for a unit of local government to contract
28 with a law firm, operating as either a partnership or a
29 professional association, or in any combination thereof, or with
30 a local government attorney who is a member of or is otherwise
31 associated with the law firm, to provide any or all legal
32 services to the unit of local government, so long as the local
33 government attorney is not a full-time employee or member of the
34 governing body of the unit of local government. However, the
35 standards of conduct as provided in subsections (2), (4), (5),
36 (6), and (8) shall apply to any person who serves as a local
37 government attorney.
38 (c) A No local government attorney or law firm in which the
39 local government attorney is a member, partner, or employee may
40 not shall represent a private individual or entity before the
41 unit of local government to which the local government attorney
42 provides legal services. A local government attorney whose
43 contract with the unit of local government does not include
44 provisions that authorize or mandate the use of the law firm of
45 the local government attorney to complete legal services for the
46 unit of local government may shall not recommend or otherwise
47 refer legal work to that attorney’s law firm to be completed for
48 the unit of local government.
49 (d) A local government attorney or law firm in which the
50 local government attorney is a member, partner, or employee may
51 not represent more than one local government within a county
52 with respect to the same zoning or planning matter or related
53 matters.
54 Section 2. This act shall take effect July 1, 2011.