Senate Bill 620 (2023) — Conflicting employment or contractual relationships for public officers or employees
SB 620
Florida Bills
Florida Senate - 2023 SB By Senator DiCeglie 18-00681A-23 2023620__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to conflicting employment or contractual relationships for public officers or employees; amending s. 112.313, F.S.; deleting an exception authorizing certain public officers or employees to be employed by, or to enter into a contractual relationship with, specified agencies; 7 providing an effective date. 8
Be It Enacted by the Legislature of the State of Florida: 10
Section 1. Paragraph
(
a) of subsection (7) of
section 12 112.313, Florida Statutes, is amended to read: 13 112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys.— 15
(7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.— 16 (a)1.
No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of Florida Senate - 2023 SB 620 18-00681A-23 2023620__ CODING: Words stricken are deletions; words underlined are additions. his or her public duties. 30 1.
When the agency referred to is that certain kind of special tax district created by general or special law and is limited specifically to constructing, maintaining, managing, and financing improvements in the land area over which the agency has jurisdiction, or when the agency has been organized pursuant to
chapter 298, then employment with, or entering into a contractual relationship with, such business entity by a public officer or employee of such agency shall not be prohibited by this subsection or be deemed a conflict per se. However, conduct by such officer or employee that is prohibited by, or otherwise frustrates the intent of, this
section shall be deemed a conflict of interest in violation of the standards of conduct set forth by this section. 43 2. When the agency referred to is a legislative body and the regulatory power over the business entity resides in another agency, or when the regulatory power which the legislative body exercises over the business entity or agency is strictly through the enactment of laws or ordinances, then employment or a contractual relationship with such business entity by a public officer or employee of a legislative body shall not be prohibited by this subsection or be deemed a conflict. 51