Florida’s Ethics Laws:
“A Public Office is aPublic Trust”
Presented by:Kerrie Stillman
Florida Commission on Ethics
Section 112.313(8), F.S.
Training Required4 hours per calendar
year:
Article II, Section 8Code of EthicsPublic RecordsPublic Meetings
Article II, Section 8
• The “Sunshine Amendment”• Not to be confused with the
Sunshine Law (Chapter 286, Florida Statutes)
Dual Employment
• No public employment with state or political subdivisions IF it’s for influence or other advantage because of your public office.
• Grandfather clause for job prior to qualification for office. Advancement only under certain conditions. Section 112.313(3), F.S.
Business Considerations
• Can’t personally sell services to your agency or “political subdivision”
• Can’t purchase services from a corporation that you, spouse, child are an officer, director, partner, proprietor, or have material interest (5%)
Section 112.313(3), F.S.
Conflicting Employment
1. Can’t work for entity doing business with your office AND…
2. Can’t have employment (contract) with any entity that poses a conflict between public duties and private interests
Section 112.313(7), F.S.
Blind Trusts
• Must comply with the law in order to be a “qualified blind trust” that prevents you from having certain conflicts
Section 112.31425, F.S.
Relatively speaking
• Can’t appoint, employ, promote, or advance relative
• Can’t advocate for the employment, appointment, promotion, or advancement of relative. Section 112.3135, F.S.
Misuse of Office• Corruptly means…“done with a
wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for, any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his or her public duties.” [Section 112.312(9)]
Section 112.313(6), F.S.
Use of Information• Information gained by
reason of public position
• Confidential info• Info that will be public,
but isn’t yet
Section 112.313(8), F.S.
Financial Disclosure• Postmark by September 3rd
or get fined! • Published online• Read instructions to avoid
costly mistakes• CEO 11-11 & CEO 12-10
Sections 112.3144 & 112.3145, F.S. Article II, Section 8, Florida Constitution
Gifts• Don’t ask for anything
from a vendor, “lobbyist,” pac, or cce for self, family or another RI
• NO GIFTS OVER $100 FROM LOBBYISTS
• Report gifts over $100 from non-relatives, non-lobbyists
Sections 112.313(2) & 112.313(4), F.S. Section 112.3148, F.S.
“Lobbyist”
• Anyone within the last 12 months who was paid to influence you or someone in your office; or the partner, firm, or principal of that person
Section 112.3148(2)(b)1, F.S.
Valuation• Cost to the donor• Lodging in a private
residence =$44 per night
• Transportation: price of comparable commercial conveyance
Section 112.3148, F.S.Rule 34-13, F.A.C.
Gifts Involving Political Committees
• You and your immediate family may not solicit or accept, directly or indirectly, any “gift” from a political committee
Section 112.3185, F.S.
Political Committee “Gift”
• Anything of value not primarily related to contributions, expenditures, or other political activities authorized under Chapter 106.
Section 112.31485(1)(a), F.S.
Revolving door• 2 year restriction
on being paid to “represent” another person or entity before your former office
Section 112.313(14), F.S.
Free Advice
• Advisory opinions (formal and informal) can be obtained by contacting the Ethics Commission.
Complaints/Referrals
• Confidential and exempt
• Referrals now allowed from certain agencies
More Information
www.ethics.state.fl.us850-488-7864
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