CopyCited 38 times | Published | Supreme Court of Florida
...That fabric remains interwoven by citizens' confidence in the competence and integrity of their representatives. In order to assure that integrity and concomitant public confidence, situations which create potential conflicts of interest, as well as actual misconduct, must be avoided. See Section 112.311, Florida Statutes (1975)....
CopyCited 37 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 546, 1993 Fla. LEXIS 1670, 1993 WL 417138
...appointment. Similarly, the relative may not accept the appointment if the appointment has been made or advocated by the related public official.
605 So.2d at 467. This construction is consistent with other provisions of chapter 112. In particular, section
112.311(2), Florida Statutes (1991), provides that it is essential that government attract those citizens best qualified to serve. Thus, the law against conflict of interest must be so designed as not to impede unreasonably or unnecessarily the recruitment and retention by government of those best qualified to serve. In a similar vein, section
112.311(4), Florida Statutes (1991), makes clear that the act was intended to protect the integrity of the government and to facilitate the recruitment and retention of qualified personnel by prescribing restrictions against conflicts of inte...
CopyCited 35 times | Published | Supreme Court of Florida
...ing in regard to any such decision, ruling, or act, and a vote shall be recorded or counted for each such member present, except when, with respect to any such member, there is or appears to be a possible conflict of interest under the provisions of §
112.311, §
112.313, § 112.314, § 112.315 or §
112.316....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1990 WL 27939
...muneration provided by law. The public interest, therefore, requires that the law protect against any conflict of interest and establish standards for the conduct of elected officials and government employees in situations where conflicts may exist. Section 112.311(1), Fla....
CopyCited 11 times | Published | Supreme Court of Florida
...ing in regard to any such decision, ruling, or act, and a vote shall be recorded or counted for each such member present, except when, with respect to any such member, there is or appears to be a possible conflict of interest under the provisions of §
112.311, §
112.313, § 112.314, § 112.315 or §
112.316....
CopyCited 7 times | Published | Supreme Court of Florida
...327, 323 A.2d 537 (1974); Stein v. Howlett, 52 Ill.2d 570, 289 N.E.2d 409 (1972), appeal dismissed,
412 U.S. 925,
93 S.Ct. 2750,
37 L.Ed.2d 152 (1973). Also see, In re Kading, 70 Wis.2d 508, 235 N.W.2d 409 (1975). [8] Fla. Const. art. III, § 18. [9] Section
112.311(5), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 18856
...ct of attorneys and judges for decades. Certainly, there is nothing to prevent the Legislature from extending the application of this norm to all branches of government. Indeed, this is precisely what *61 the Legislature intended as can be seen from Section 112.311(5), Florida Statutes (1979): It is hereby declared to be the policy of the state that no officer or employee of a state agency or of a county, city, or other political subdivision of the state, and no member of the Legislature or legi...
...Properties, Inc. did Zerweck's abstentions on voting conflict statements "impede the full and faithful discharge of his public duties?" Section
112.313(7)(a). Would his employment by D.J.M. Properties, Inc. preclude him from again seeking public office? Section
112.311(2) Florida Statutes states: Thus, the law against conflict of interest must be so designed as not to impede unreasonably or unnecessarily the recruitment and retention by government of those best qualified to serve......
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 11401, 1991 WL 241706
...Indeed, the conduct in this case as found by the hearing officer does not fall within the stated legislative intent of the code of ethics in chapter 112. [1] Part III of chapter 112, entitled "Code of Ethics for Public Officers and Employees," is comprised of sections
112.311 through
112.326. The legislative intent and declaration of policy set forth in section
112.311 states: (1) It is essential to the proper conduct and operation of government that public officials be independent and impartial and that public office not be used for private gain other than the remuneration provided by law....
...s of interest by public officials in matters under their charge, and eliminating private gain, directly or indirectly, by financial compensation or otherwise, in carrying out their official duties on behalf of the government they are sworn to serve. Section
112.311(5) specifically refers to the code of ethics enacted in this part to implement the policy and intent recited in the preceding subparagraphs (1) through (4), and the standards of conduct set forth in section
112.313 must be construed in the context of these provisions....
...The statutory definition of "corruptly" in section
112.312(7) not only requires that the conduct complained of be done with a wrongful intent, it also requires that the "act or omission" be "inconsistent with the proper performance of [her] public duties." The statement of intent and policy in section
112.311(4) makes it clear that the ethics code is to be construed and applied so as to facilitate "the recruitment and retention of qualified personnel by prescribing restrictions against conflicts of interest without creating unnecessary bar...
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 4569, 1996 WL 96859
...We do not address the merits of the proposed consent
decree.
to vote on all matters before them; abstaining from a vote is
prohibited unless "there is, or appears to be, a possible conflict
of interest under §
112.311, §
112.313, or §
112.3143."
Fla.Stat.Ann....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 21535
...Howard first argues that Section
112.313(3), supra, interferes with the plenary jurisdiction of the Supreme Court to regulate the practice of law under Article V, Section 15 of the Florida Constitution. We find nothing in the legislative policy evinced by Sections
112.311 and
112.316, Florida Statutes (1979), construed in pari materia with Section
112.313(3), which interferes with the constitutional authority of the Supreme Court to regulate the practice of law....
...the employment of an individual lawyer and his law firm. A fair reading of the entire statute suggests that among the multiple interests served by the Code of Ethics is the ability of an agency to attract and keep highly qualified personnel. Indeed, Section 112.311(4), Florida Statutes (1979), [2] specifically speaks to this issue....
...[5] There is no suggestion by Howard that the legislature exceeded its authority by the enactment of Section
112.313(3), supra. [1] I gather from the record that the primary purpose of this characterization of employment is to enhance certain retirement benefits not the subject matter of this appeal. [2] §
112.311(4), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1999 WL 821070
...private parties. However, the appellees have not shown that they have a protected right to prepare tax returns for additional compensation in their off-duty hours. The most that can be said of this activity is that it might not be prohibited by law. Section 112.311(5), Florida Statutes prohibits state employees from engaging in any off-duty employment that "is in substantial conflict with the proper discharge of his or her duties in the public interest." The administrative law judge found that t...
...engage in any activity that would conflict with their obligation to the Department of Revenue. This is not the equivalent of a finding that there was no conflict, but even so it would support only a conclusion that the activity was not prohibited by section 112.311(5)....
CopyCited 1 times | Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 1284, 1987 Fla. App. LEXIS 8330
...46 (Fla.1986); Zerweck v. State Comm’n on Ethics,
409 So.2d 57 (Fla. 4th DCA 1982) (primary objective of Code of Ethics for Public Officials and Employees is to ensure that government officials discharge their fiduciary duties owed to the public); §
112.311, Fla.Stat....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 8521, 2014 WL 2515668
...compensation as a public officer, as provided by law. No local government attorney shall be prevented from considering any matter affecting his or her salary, expenses, or other compensation as the local government attorney, as provided by law.” . § 112.311(6), Fla....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 15545
...324, thus precluding the independent investigation which is being initiated by respondent. Respondent contends the statute should be given a liberal construction commensurate with the express legislative intent and declaration of policy set forth in § 112.311, Florida Statutes; that the above-quoted limitation on respondent’s power to investigate a complaint limiting it to cases in which the responsible agency has not “initiated action” on the complaint within thirty days should be constr...
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 16578, 40 Fla. L. Weekly Fed. D 2464
...authorized by state and federal food stamp law.
365 So. 2d at 159.
Applying the supreme court’s reasoning from Rodriquez here, we
conclude that implicit in section
838.016(1) is the fact that the phrase “not
authorized by law” refers to state ethics law, section
112.311 et seq.,
Florida Statutes (2008)....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
...3 The Legislature's express intent in passing a code of ethics is that "public interest . . . requires that the law protect against any conflict of interest and establish standards for the conduct of elected officials and government employees in situations where conflicts may exist." 4 Section 112.311 (5), F.S., states that the policy of this state is that : no officer or employee of a state agency or of a county, city, or other political subdivision of the state ....
...on enacted by municipalities may not conflict with state law). 3 See , Broward County v. Plantation Imports, Inc.,
419 So.2d 1145 (4 D.C.A. Fla., 1982) (phrase "by law" as used in the State Constitution means a statute enacted by the Legislature). 4 Section
112.311 (1), F.S....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
...STION: What conflict of interest rules or laws govern the members of the Hillsborough County Aviation Authority while acting in that capacity? SUMMARY: The Hillsborough County Aviation Authority is, for the purposes of the Standards of Conduct Law, ss. 112.311 - 112.318, F....
...hich they are a party to the letting or otherwise serving in a dual agency capacity. There are several methods by which a conflict of interest may arise under the law of this state. Firstly, there may be a violation of the Standards of Conduct Law, ss. 112.311 -112.318, F.S....
..., financial or otherwise, direct or indirect, or engages in any business, transaction, or professional activity, or incurs any obligation of any nature, which is in substantial conflict with the proper discharge of his duties in the public interest. Section 112.311 ....
...tion of such definition to the instant situation. As previously indicated, the Standards of Conduct Law applies to all officers and employees of "a state agency or of a county, city, or other political subdivision of the state." (Emphasis supplied.) Section 112.311 , supra....
...s. Moreover, this office has generally considered members of special taxing districts and port authorities subject to the standards prescribed in the law. See AGO's 073-160, SC69-15, SC69-23, and 073-121. Further, the legislative intent expressed in s. 112.311 is that the law should serve as a guide for the official conduct of "public servants in this state." In sum, therefore, I am of the opinion that the authority is a "political subdivision" of the state within the purview and for the purpose...
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
with their duties in the public interest. Section
112.311. In this regard, you state that you do not
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
...Pending legislative or judicial clarification, a legislator-attorney who is a member of a professional service corporation should file a sworn statement disclosing all clients of that corporation which are regulated business entities, whether he personally represents them or not. AS TO QUESTION 1: Section 112.311 , F.S., the Standards of Conduct Law, declares the legislative policy to be that no member of the legislature have any interest, financial or otherwise, direct or indirect, or engage in any business, transaction, or professional activ...
...rine and liabilities, should not restrict artificially the applicability of the Standards of Conduct Law, which is intended to prevent private interests, direct or indirect, from conflicting with the proper discharge of a legislator's public duties. Section 112.311 , supra....
...ion of which he is a member, I am of the opinion that, pending legislative or judicial clarification, he should file a statement disclosing such representation in order to comply with the legislative policy expressed in the Standards of Conduct Law, s. 112.311 , F.S.
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
...strict. Your final report to the utility company with respect to this study has not yet been delivered. Against this background, you inquire as to the possibility of a conflict of interest if you submit the final report and receive payment therefor. Section 112.311 , F.S., of the Standards of Conduct Law, declares the legislative policy to be that no officer or employee of a political subdivision of the state shall have any interest, financial or otherwise, direct or indirect, or engage in any b...
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 4046, 2006 WL 708211
...rivate partisan. Plainly, it is difficult for us to conceive of a situation more fraught with the inability of a public official to serve two masters ... than the instant matter.... We begin our analysis by noting that our legislature recognized, in section 112.311, that the conflict of interest standards applicable to elected officials should not be so restrictive as to discourage those most qualified to serve from seeking office....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
...You inquire as to whether these circumstances may create a conflict of interest. There are several general methods by which a conflict of interest may arise under the law of this state. First, there may be a violation of the Standards of Conduct Law, ss. 112.311 -112.318, F....
...st, financial or otherwise, direct or indirect, or engages in any business, transaction, or professional activity or incurs any obligation of any nature which is in substantial conflict with the proper discharge of his duties in the public interest. Section 112.311 ....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
answered in the affirmative. AS TO QUESTION 4(b): Section
112.311, F.S., of the Standards of Conduct Law, declares
CopyPublished | Florida 1st District Court of Appeal
...medium, the state chief information officer shall review
and recommend to the Chief Financial Officer whether to
* The complaint also included counts seeking findings of
unlawful restraint of trade, unjust enrichment, and a declaratory
judgment that Appellees violated section 112.311, Florida
Statutes, by unlawfully using public office for private gain and not
holding public positions for the benefit of the public....
CopyPublished | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 19795, 2002 WL 31887859
...ant to section
112.317, Florida Statutes. Accordingly, we remand without prejudice for Petitioner to seek the amount of the retainer and fees charged to this private client during any relevant time periods, should Respondent be found in violation of section
112.311, et seq., Florida Statutes (the Code of Ethics for Public Officers and Employees)....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
trustees consisting of five elected members.2 Section
112.311, Florida Statutes, sets forth the legislative
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 2, 2023
obligation to follow the law. FLA. STAT. §
112.311(6) (local officials “are bound to uphold
