Florida Senate - 2023 SB 620 By Senator DiCeglie 18-00681A-23 2023620__ 1 A bill to be entitled 2 An act relating to conflicting employment or 3 contractual relationships for public officers or 4 employees; amending s. 112.313, F.S.; deleting an 5 exception authorizing certain public officers or 6 employees to be employed by, or to enter into a 7 contractual relationship with, specified agencies; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1.Paragraph (a) of subsection (7) of section 13 112.313, Florida Statutes, is amended to read: 14 112.313Standards of conduct for public officers, employees 15 of agencies, and local government attorneys. 16 (7)CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP. 17 (a)1.No public officer or employee of an agency shall have 18 or hold any employment or contractual relationship with any 19 business entity or any agency which is subject to the regulation 20 of, or is doing business with, an agency of which he or she is 21 an officer or employee, excluding those organizations and their 22 officers who, when acting in their official capacity, enter into 23 or negotiate a collective bargaining contract with the state or 24 any municipality, county, or other political subdivision of the 25 state; nor shall an officer or employee of an agency have or 26 hold any employment or contractual relationship that will create 27 a continuing or frequently recurring conflict between his or her 28 private interests and the performance of his or her public 29 duties or that would impede the full and faithful discharge of 30 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.When the agency referred to is a legislative body and 45 the regulatory power over the business entity resides in another 46 agency, or when the regulatory power which the legislative body 47 exercises over the business entity or agency is strictly through 48 the enactment of laws or ordinances, then employment or a 49 contractual relationship with such business entity by a public 50 officer or employee of a legislative body shall not be 51 prohibited by this subsection or be deemed a conflict. 52 Section 2.This act shall take effect July 1, 2023.