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