Florida 2023 2023 Regular Session

Florida House Bill H0199 Introduced / Bill

Filed 01/12/2023

                       
 
HB 199  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0199-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to conflicting employment or 2 
contractual relationships for public officers or 3 
employees; amending s. 112.313, F.S.; removing an 4 
exception authorizing certain public officers or 5 
employees to be employed by, or to enter into a 6 
contractual relationship with, specified agencies; 7 
providing an effective date. 8 
 9 
Be It Enacted by the Legislature of the State of Florida: 10 
 11 
 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, 14 
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 17 
have or hold any employment or contractual relationship with any 18 
business entity or any agency which is subject to the regulation 19 
of, or is doing business with, an agency of which he or she is 20 
an officer or employee, excluding those organizations and their 21 
officers who, when acting in their official capacity, enter into 22 
or negotiate a collective bargaining contract with the state or 23 
any municipality, county, or other political subdivision of the 24 
state; nor shall an officer or employee of an agency have or 25     
 
HB 199  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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hold any employment or contractual relationship that will create 26 
a continuing or frequently recurring conflict between his or her 27 
private interests and the performance of his or her public 28 
duties or that would impede the full and faithful discharge of 29 
his or her public duties. 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 bod y 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     
 
HB 199  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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prohibited by this subsection or be deemed a conflict. 51 
 Section 2.  This act shall take effect July 1, 2023. 52