Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1372
       
       
       
       
       
       
                                Ì958928^Î958928                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2015           .                                
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       The Committee on Rules (Gaetz) recommended the following:
       
    1         Senate Substitute for Amendment (897662) (with title
    2  amendment)
    3  
    4         Between lines 382 and 383
    5  insert:
    6         Section 5. Subsection (7) of section 112.313, Florida
    7  Statutes, is amended to read:
    8         112.313 Standards of conduct for public officers, employees
    9  of agencies, and local government attorneys.—
   10         (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—
   11         (a) No public officer or employee of an agency shall have
   12  or hold any employment or contractual relationship with any
   13  business entity or any agency which is subject to the regulation
   14  of, or is doing business with, an agency of which he or she is
   15  an officer or employee, excluding those organizations and their
   16  officers who, when acting in their official capacity, enter into
   17  or negotiate a collective bargaining contract with the state or
   18  any municipality, county, or other political subdivision of the
   19  state; nor shall an officer or employee of an agency have or
   20  hold any employment or contractual relationship that will create
   21  a continuing or frequently recurring conflict between his or her
   22  private interests and the performance of his or her public
   23  duties or that would impede the full and faithful discharge of
   24  his or her public duties. For purposes of this subsection, if a
   25  public officer or employee of an agency holds a controlling
   26  interest in a business entity or is an officer, director, or a
   27  member who manages such an entity, contractual relationships
   28  held by the business entity are deemed to be held by the public
   29  officer or employee.
   30         1. When the agency referred to is that certain kind of
   31  special tax district created by general or special law and is
   32  limited specifically to constructing, maintaining, managing, and
   33  financing improvements in the land area over which the agency
   34  has jurisdiction, or when the agency has been organized pursuant
   35  to chapter 298, then employment with, or entering into a
   36  contractual relationship with, such business entity by a public
   37  officer or employee of such agency shall not be prohibited by
   38  this subsection or be deemed a conflict per se. However, conduct
   39  by such officer or employee that is prohibited by, or otherwise
   40  frustrates the intent of, this section shall be deemed a
   41  conflict of interest in violation of the standards of conduct
   42  set forth by this section.
   43         2. When the agency referred to is a legislative body and
   44  the regulatory power over the business entity resides in another
   45  agency, or when the regulatory power which the legislative body
   46  exercises over the business entity or agency is strictly through
   47  the enactment of laws or ordinances, then employment or a
   48  contractual relationship with such business entity by a public
   49  officer or employee of a legislative body shall not be
   50  prohibited by this subsection or be deemed a conflict.
   51         (b) This subsection shall not prohibit a public officer or
   52  employee from practicing in a particular profession or
   53  occupation when such practice by persons holding such public
   54  office or employment is required or permitted by law or
   55  ordinance.
   56  
   57  ================= T I T L E  A M E N D M E N T ================
   58  And the title is amended as follows:
   59         Delete line 26
   60  and insert:
   61         controls; amending s. 112.313, F.S.; specifying that
   62         prohibitions on conflicting employment or contractual
   63         relationships for public officers or employees of an
   64         agency apply to contractual relationships held by
   65         certain business entities; amending s. 112.31455,
   66         F.S.; correcting a