Florida Statute 112.311 | Lawyer Caselaw & Research

The 2024 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.

F.S. 112.311 on Google Scholar

F.S. 112.311 on Casetext

Amendments to 112.311

Arrestable Offenses / Crimes under Fla. Stat. 112.311

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.311.

Annotations, Discussions, Cases:

Cases Citing Statute 112.311

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-24T00:00:00-08:00

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

Gary Czajkowski v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-04T00:00:00-08:00

Citation: 178 So. 3d 498, 2015 Fla. App. LEXIS 16578

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

Fernandez v. City of Miami

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-04T00:00:00-07:00

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

Snippet: government attorney, as provided by law.” . § 112.311(6), Fla. Stat. (2006). Nos. 3D11-2735,

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Court: Fla. Att'y Gen. | Date Filed: 2011-07-19T00:53:00-07:00

Snippet: 192, 193 (Fla. 1993). 5 Id. at 194, citing s. 112.311(2), Fla. Stat. (1991). 6 City of Miami Beach v.

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Court: Fla. Att'y Gen. | Date Filed: 2008-11-19T23:53:00-08:00

Snippet: conflict of interest under the provisions of s. 112.311, s. 112.313, or s. 112.3143. In such cases, said

Maloy v. BOARD OF COUNTY COM'RS

Court: Fla. Dist. Ct. App. | Date Filed: 2007-01-25T23:53:00-08:00

Citation: 946 So. 2d 1260

Snippet: Ethics for Public Officers and Employees. See §§ 112.311.326, Fla. Stat. (2000). Danaher's first allegation

Fanizza v. State, Commission on Ethics

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-22T00:00:00-08:00

Citation: 927 So. 2d 23, 2006 Fla. App. LEXIS 4046

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

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Court: Fla. Att'y Gen. | Date Filed: 2004-04-30T00:53:00-07:00

Snippet: trustees consisting of five elected members.2 Section 112.311, Florida Statutes, sets forth the legislative intent…conflict of interest under the provisions of s. 112.311, s. 112.313, or s. 112.3143. In such cases, said…Control District. While the provisions of sections 112.311, 112.313 and112.3143, Florida Statutes, are applicable

State, Florida Commission on Ethics v. MacNamara

Court: Fla. Dist. Ct. App. | Date Filed: 2002-12-30T00:00:00-08:00

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

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

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Court: Fla. Att'y Gen. | Date Filed: 2002-06-05T00:53:00-07:00

Snippet: conflict of interest under the provisions of s. 112.311, s. 112.313, or s. 112.3143. In such cases, said

Department of Revenue v. Novoa

Court: Fla. Dist. Ct. App. | Date Filed: 1999-10-12T00:53:00-07:00

Citation: 745 So. 2d 378

Snippet: that it might not be prohibited by law. Section 112.311(5), Florida Statutes prohibits state employees …that the activity was not prohibited by section 112.311(5). The absence of a conflict between the appellees

City of Miami Beach v. Galbut

Court: Fla. | Date Filed: 1993-10-21T00:53:00-07:00

Citation: 626 So. 2d 192

Snippet: provisions of chapter 112. In particular, section 112.311(2), Florida Statutes (1991), provides that it is…qualified to serve. In a similar vein, section 112.311(4), Florida Statutes (1991), makes clear that the

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Court: Fla. Att'y Gen. | Date Filed: 1992-04-24T00:53:00-07:00

Snippet: , Laws of Florida, "the provisions of ss. 112.311-112.3175 [F.S.]" apply to the members of the

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Court: Fla. Att'y Gen. | Date Filed: 1991-11-20T23:53:00-08:00

Snippet: situations where conflicts may exist."4 Section 112.311(5), F.S., states that the policy of this state …statute enacted by the Legislature). 4 Section 112.311(1), F.S. 5 Commission on Ethics Advisory opinion

Blackburn v. State, Com'n on Ethics

Court: Fla. Dist. Ct. App. | Date Filed: 1991-11-14T23:53:00-08:00

Citation: 589 So. 2d 431

Snippet: and Employees," is comprised of sections 112.311 through 112.326. The legislative intent and declaration…declaration of policy set forth in section 112.311 states: (1) It is essential to the proper conduct and…the government they are sworn to serve. Section 112.311(5) specifically refers to the code of ethics enacted… The statement of intent and policy in section 112.311(4) makes it clear that the ethics code is to be

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Court: Fla. Att'y Gen. | Date Filed: 1990-10-31T23:53:00-08:00

Snippet: conflict of interest under the provisions of s. 112.311, s. 112.313, or s.112.3143. In such cases, said

Chavez v. City of Tampa

Court: Fla. Dist. Ct. App. | Date Filed: 1990-03-15T23:53:00-08:00

Citation: 560 So. 2d 1214

Snippet: situations where conflicts may exist. Section 112.311(1), Fla. Stat. (1985). The appellant has not avoided

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Court: Fla. Att'y Gen. | Date Filed: 1988-12-29T23:53:00-08:00

Snippet: appears to be a conflict of interest pursuant to ss. 112.311, 112.313, or 112.3143, F.S., in which case the … Ethics for Public Officers and Employees (ss. 112.311-112.326, F.S.) must be submitted to the Florida… be, a possible conflict of interest under ss. 112.311,112.313, or 112.3143, F.S., in which case the member

Barr v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1987-05-19T00:00:00-07:00

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

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

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Court: Fla. Att'y Gen. | Date Filed: 1987-03-09T23:53:00-08:00

Snippet: conflict of interest under the provisions of s. 112.311, s. 112.313, or s. 112.3143. In such cases, said…conflict of interest under the provisions of" s. 112.311, F.S., or under ss.112.313 or 112.3143, F.S. (1986…"conflict of interest" as used in s. 112.311, F.S., and ss. 112.313 and 112.3143, F.S. (1986…to be, a possible conflict of interest under s. 112.311, s. 112.313, or s. 112.3143, F.S." Finding…the Code of Ethics [containing, inter alia, s. 112.311, F.S., and ss. 112.313 and 112.3143, F.S. (1986