Florida Statute 112.311 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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F.S. 112.311

112.311 Legislative intent and declaration of policy.—

(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. 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.

(2) It is also 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. Public officials should not be denied the opportunity, available to all other citizens, to acquire and retain private economic interests except when conflicts with the responsibility of such officials to the public cannot be avoided.

(3) It is likewise essential that the people be free to seek redress of their grievances and express their opinions to all government officials on current issues and past or pending legislative and executive actions at every level of government. In order to preserve and maintain the integrity of the governmental process, it is necessary that the identity, expenditures, and activities of those persons who regularly engage in efforts to persuade public officials to take specific actions, either by direct communication with such officials or by solicitation of others to engage in such efforts, be regularly disclosed to the people.

(4) It is the intent of this act to implement these objectives of protecting the integrity of government and of facilitating the recruitment and retention of qualified personnel by prescribing restrictions against conflicts of interest without creating unnecessary barriers to public service.

(5) 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 legislative employee, shall have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or incur any obligation of any nature which is in substantial conflict with the proper discharge of his or her duties in the public interest. To implement this policy and strengthen the faith and confidence of the people of the state in their government, there is enacted a code of ethics setting forth standards of conduct required of state, county, and city officers and employees, and of officers and employees of other political subdivisions of the state, in the performance of their official duties. It is the intent of the Legislature that this code shall serve not only as a guide for the official conduct of public servants in this state, but also as a basis for discipline of those who violate the provisions of this part.

(6) It is declared to be the policy of the state that public officers and employees, state and local, are agents of the people and hold their positions for the benefit of the public. They are bound to uphold the Constitution of the United States and the State Constitution and to perform efficiently and faithfully their duties under the laws of the federal, state, and local governments. Such officers and employees are bound to observe, in their official acts, the highest standards of ethics consistent with this code and the advisory opinions rendered with respect hereto regardless of personal considerations, recognizing that promoting the public interest and maintaining the respect of the people in their government must be of foremost concern.

History.—s. 1, ch. 67-469; s. 1, ch. 69-335; s. 1, ch. 74-177; s. 2, ch. 75-208; s. 698, ch. 95-147.

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Amendments to 112.311

Annotations, Discussions, Cases:

Cases Citing Statute 112.311

Total Results: 28

D'ALEMBERTE v. Anderson

349 So. 2d 164

Supreme Court of Florida | Filed: May 26, 1977 | Docket: 1655282

Cited 38 times | Published

as actual misconduct, must be avoided. See Section 112.311, Florida Statutes (1975). It was in pursuit

City of Miami Beach v. Galbut

626 So. 2d 192, 18 Fla. L. Weekly Supp. 546, 1993 Fla. LEXIS 1670, 1993 WL 417138

Supreme Court of Florida | Filed: Oct 21, 1993 | Docket: 1286041

Cited 37 times | Published

provisions of chapter 112. In particular, section 112.311(2), Florida Statutes (1991), provides that

Oldham v. Rooks

361 So. 2d 140

Supreme Court of Florida | Filed: Jul 20, 1978 | Docket: 1288738

Cited 35 times | Published

conflict of interest under the provisions of § 112.311, § 112.313, § 112.314, § 112.315 or § 112.316

Chavez v. City of Tampa

560 So. 2d 1214, 1990 WL 27939

District Court of Appeal of Florida | Filed: Mar 16, 1990 | Docket: 1477157

Cited 11 times | Published

employees in situations where conflicts may exist. Section 112.311(1), Fla. Stat. (1985). The appellant has not

State v. Dinsmore

308 So. 2d 32

Supreme Court of Florida | Filed: Jan 29, 1975 | Docket: 1673024

Cited 11 times | Published

conflict of interest under the provisions of § 112.311, § 112.313, § 112.314, § 112.315 or § 112.316

Goldtrap v. Askew

334 So. 2d 20

Supreme Court of Florida | Filed: Jun 17, 1976 | Docket: 1712441

Cited 7 times | Published

(1975). [8] Fla. Const. art. III, § 18. [9] Section 112.311(5), Fla. Stat. (Supp. 1974). [10] Fritz v

Zerweck v. State Commission on Ethics

409 So. 2d 57, 1982 Fla. App. LEXIS 18856

District Court of Appeal of Florida | Filed: Jan 6, 1982 | Docket: 526563

Cited 5 times | Published

the Legislature intended as can be seen from Section 112.311(5), Florida Statutes (1979): It is hereby declared

George v. City of Cocoa

78 F.3d 494, 1996 U.S. App. LEXIS 4569, 1996 WL 96859

Court of Appeals for the Eleventh Circuit | Filed: Feb 29, 1996 | Docket: 419329

Cited 4 times | Published

to be, a possible conflict of interest under § 112.311, § 112.313, or § 112.3143.” Fla. StatAnn. § 286

Blackburn v. State, Com'n on Ethics

589 So. 2d 431, 1991 Fla. App. LEXIS 11401, 1991 WL 241706

District Court of Appeal of Florida | Filed: Nov 15, 1991 | Docket: 1441834

Cited 4 times | Published

intent and declaration of policy set forth in section 112.311 states: (1) It is essential to the proper conduct

Howard v. State Com'n on Ethics

421 So. 2d 37, 1982 Fla. App. LEXIS 21535

District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 1719482

Cited 3 times | Published

and keep highly qualified personnel. Indeed, Section 112.311(4), Florida Statutes (1979),[2] specifically

Fernandez v. City of Miami

147 So. 3d 553, 2014 Fla. App. LEXIS 8521, 2014 WL 2515668

District Court of Appeal of Florida | Filed: Jun 4, 2014 | Docket: 60243277

Cited 1 times | Published

government attorney, as provided by law.” . § 112.311(6), Fla. Stat. (2006).

Department of Revenue v. Novoa

745 So. 2d 378, 1999 WL 821070

District Court of Appeal of Florida | Filed: Oct 12, 1999 | Docket: 1689279

Cited 1 times | Published

is that it might not be prohibited by law. Section 112.311(5), Florida Statutes prohibits state employees

Barr v. State

507 So. 2d 175, 12 Fla. L. Weekly 1284, 1987 Fla. App. LEXIS 8330

District Court of Appeal of Florida | Filed: May 19, 1987 | Docket: 64627167

Cited 1 times | Published

discharge their fiduciary duties owed to the public); § 112.311, Fla.Stat. (1985). Under circumstances involving

Teresa Moon-Vileno, an individual, and Deborah Lynn Felty, an individual v. Florida Association of Court Clerks, Inc., a Florida Not for Profit Corporation, FACC

District Court of Appeal of Florida | Filed: Jan 24, 2024 | Docket: 68187980

Published

declaratory judgment that Appellees violated section 112.311, Florida Statutes, by unlawfully using public

City of South Miami v. Governor of the State of Florida

Court of Appeals for the Eleventh Circuit | Filed: Apr 13, 2023 | Docket: 66927274

Published

Argued: Mar 2, 2023

obligation to follow the law. FLA. STAT. § 112.311(6) (local officials “are bound to uphold

Gary Czajkowski v. State of Florida

178 So. 3d 498, 2015 Fla. App. LEXIS 16578, 40 Fla. L. Weekly Fed. D 2464

District Court of Appeal of Florida | Filed: Nov 4, 2015 | Docket: 3009694

Published

authorized, by law” refers to state ethics law, section 112.311 et seq.,. Florida Statutes (2008). Thus, section

Fanizza v. State, Commission on Ethics

927 So. 2d 23, 2006 Fla. App. LEXIS 4046, 2006 WL 708211

District Court of Appeal of Florida | Filed: Mar 22, 2006 | Docket: 64844188

Published

noting that our legislature recognized, in section 112.311, that the conflict of interest standards applicable

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Florida Attorney General Reports | Filed: Apr 30, 2004 | Docket: 3255223

Published

trustees consisting of five elected members.2 Section 112.311, Florida Statutes, sets forth the legislative

State, Florida Commission on Ethics v. MacNamara

833 So. 2d 299, 2002 Fla. App. LEXIS 19795, 2002 WL 31887859

District Court of Appeal of Florida | Filed: Dec 30, 2002 | Docket: 64819618

Published

should Respondent be found in violation of section 112.311, et seq., Florida Statutes (the Code of Ethics

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Florida Attorney General Reports | Filed: Nov 21, 1991 | Docket: 3255299

Published

in situations where conflicts may exist."4 Section 112.311(5), F.S., states that the policy of this state

State ex rel. Buntemeyer v. Florida State Commission on Ethics

321 So. 2d 137, 1975 Fla. App. LEXIS 15545

District Court of Appeal of Florida | Filed: Oct 10, 1975 | Docket: 64550078

Published

intent and declaration of policy set forth in § 112.311, Florida Statutes; that the above-quoted limitation

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Florida Attorney General Reports | Filed: Jun 12, 1974 | Docket: 3258469

Published

answered in the affirmative. AS TO QUESTION 4(b): Section 112.311, F.S., of the Standards of Conduct Law, declares

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Florida Attorney General Reports | Filed: May 22, 1974 | Docket: 3255622

Published

subdivision of the state." (Emphasis supplied.) Section 112.311, supra. Since counties and cities are specifically

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Florida Attorney General Reports | Filed: May 14, 1974 | Docket: 3256359

Published

with their duties in the public interest. Section 112.311. In this regard, you state that you do not

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Florida Attorney General Reports | Filed: May 14, 1974 | Docket: 3256359

Published

with their duties in the public interest. Section 112.311. In this regard, you state that you do not

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Florida Attorney General Reports | Filed: Mar 27, 1974 | Docket: 3258155

Published

represents them or not. AS TO QUESTION 1: Section 112.311, F.S., the Standards of Conduct Law, declares

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Florida Attorney General Reports | Filed: Mar 27, 1974 | Docket: 3255748

Published

final report and receive payment therefor. Section 112.311, F.S., of the Standards of Conduct Law, declares

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Florida Attorney General Reports | Filed: Mar 13, 1974 | Docket: 3259040

Published

discharge of his duties in the public interest. Section 112.311. However, as indicated above, in order for