Florida Senate - 2014                                     SB 990
       
       
        
       By Senator Ring
       
       
       
       
       
       29-01054-14                                            2014990__
    1                        A bill to be entitled                      
    2         An act relating to public officers and employees;
    3         amending s. 112.313, F.S.; removing an exception from
    4         prohibited employment or a prohibited contractual
    5         relationship for an officer or employee of certain
    6         special tax districts or an agency organized pursuant
    7         to ch. 298, F.S.; making technical changes; providing
    8         an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (7) 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         (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—
   17         (a) A No public officer or employee of an agency may not
   18  shall have or hold any employment or contractual relationship
   19  with any business entity or any agency which is subject to the
   20  regulation of, or is doing business with, an agency of which he
   21  or she is an officer or employee, excluding those organizations
   22  and their officers who, when acting in their official capacity,
   23  enter into or negotiate a collective bargaining contract with
   24  the state or any municipality, county, or other political
   25  subdivision of the state; nor may shall an officer or employee
   26  of an agency have or hold any employment or contractual
   27  relationship that will create a continuing or frequently
   28  recurring conflict between his or her private interests and the
   29  performance of his or her public duties or that would impede the
   30  full and faithful discharge of 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. However, if When the agency referred to is a legislative
   45  body and the regulatory power over the business entity resides
   46  in another agency, or when the regulatory power that which the
   47  legislative body exercises over the business entity or agency is
   48  strictly through the enactment of laws or ordinances, then
   49  employment or a contractual relationship with such business
   50  entity by a public officer or employee of a legislative body is
   51  shall not be prohibited by this subsection or be deemed a
   52  conflict.
   53         (b) This subsection does shall not prohibit a public
   54  officer or employee from practicing in a particular profession
   55  or occupation if when such practice by persons holding such
   56  public office or employment is required or authorized permitted
   57  by law or ordinance.
   58         Section 2. This act shall take effect July 1, 2014.