Florida Statutes

Fla. Stat. § 112.311 (2025)

Legislative intent and declaration of policy.

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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.

Notes of Decisions

Cited in 21 cases (1 in the last 5 years), 1973–2024 · leading case: City of Miami Beach v. Galbut, 626 So. 2d 192 (Fla. 1993).

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City of Miami Beach v. Galbut, 626 So. 2d 192 (Fla. 1993). · cites it 4× “In particular, section 112.311(2), Florida Statutes (1991), provides that it is essential that government attract those citizens best qualified to serve.”

D'ALEMBERTE v. Anderson, 349 So. 2d 164 (Fla. 1977). · cites it 2× “See Section 112.311, Florida Statutes (1975).”

Zerweck v. State Comm'n on Ethics, 409 So. 2d 57 (Fla. 4th DCA 1982). · cites it 4× “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.”

Kenneth A. Plante v. Larry Gonzalez, Etc., Jon C. Thomas v. Larry Gonzalez, Etc., 575 F.2d 1119 (5th Cir. 1978). “Laws 469 (replacement codified at Fla. StatAnn. § 112.311, et seq. (West 1978 Supp.”

Howard v. State Com'n on Ethics, 421 So. 2d 37 (Fla. 3d DCA 1982). · cites it 4× “[2] § 112.311(4), Fla. Stat. (1979), provides as follows: (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…”

Oldham v. Rooks, 361 So. 2d 140 (Fla. 1978). “eting of any such body at which an official decision, ruling, or other official act is to be taken or adopted may abstain from voting 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…”

Blackburn v. State, Com'n on Ethics, 589 So. 2d 431 (Fla. 1st DCA 1991). · cites it 3× “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…”

Chavez v. City of Tampa, 560 So. 2d 1214 (Fla. 2d DCA 1990). “Section 112.311(1), Fla. Stat. (1985). The appellant has not avoided that conflict.”

Izaak Walton League of Am. v. MONROE CTY., 448 So. 2d 1170 (Fla. 3d DCA 1984). “012, which has been interpreted by the attorney general to require that a voting officer have a personal financial interest in a matter in order to abstain.”

Fernandez v. City of Miami, 147 So. 3d 553 (Fla. 3d DCA 2014). · cites it 2× “…affecting his or her salary, expenses, or other compensation as the local government attorney, as provided by law.” . § 112.311(6), Fla. Stat. (2006).”

Goldtrap v. Askew, 334 So. 2d 20 (Fla. 1976). “[9] Section 112.311(5), Fla. Stat. (Supp. 1974).”

Gary Czajkowski v. State of Florida, 178 So. 3d 498 (Fla. 4th DCA 2015). “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).”

Show all 21 citing cases →

— 112.311(1) — 1 case

Chavez v. City of Tampa, 560 So. 2d 1214 (Fla. 2d DCA 1990). “Section 112.311(1), Fla. Stat. (1985). The appellant has not avoided that conflict.”

— 112.311(2) — 2 cases

City of Miami Beach v. Galbut, 626 So. 2d 192 (Fla. 1993). “In particular, section 112.311(2), Florida Statutes (1991), provides that it is essential that government attract those citizens best qualified to serve.”

Zerweck v. State Comm'n on Ethics, 409 So. 2d 57 (Fla. 4th DCA 1982). “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.”

— 112.311(4) — 3 cases

Howard v. State Com'n on Ethics, 421 So. 2d 37 (Fla. 3d DCA 1982). “[2] § 112.311(4), Fla. Stat. (1979), provides as follows: (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…”

Blackburn v. State, Com'n on Ethics, 589 So. 2d 431 (Fla. 1st DCA 1991). “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…”

— 112.311(5) — 4 cases

Goldtrap v. Askew, 334 So. 2d 20 (Fla. 1976). “[9] Section 112.311(5), Fla. Stat. (Supp. 1974).”

Dep't of Revenue v. Novoa, 745 So. 2d 378 (Fla. 1st DCA 1999).

— 112.311(6) — 1 case

Fernandez v. City of Miami, 147 So. 3d 553 (Fla. 3d DCA 2014). “…affecting his or her salary, expenses, or other compensation as the local government attorney, as provided by law.” . § 112.311(6), Fla. Stat. (2006).”

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