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Florida Statute 112.313 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS
View Entire Chapter
F.S. 112.313
112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys.
(1) DEFINITION.As used in this section, unless the context otherwise requires, the term “public officer” includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body.
(2) SOLICITATION OR ACCEPTANCE OF GIFTS.No public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby.
(3) DOING BUSINESS WITH ONE’S AGENCY.No employee of an agency acting in his or her official capacity as a purchasing agent, or public officer acting in his or her official capacity, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for his or her own agency from any business entity of which the officer or employee or the officer’s or employee’s spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer’s or employee’s spouse or child, or any combination of them, has a material interest. Nor shall a public officer or employee, acting in a private capacity, rent, lease, or sell any realty, goods, or services to the officer’s or employee’s own agency, if he or she is a state officer or employee, or to any political subdivision or any agency thereof, if he or she is serving as an officer or employee of that political subdivision. The foregoing shall not apply to district offices maintained by legislators when such offices are located in the legislator’s place of business or when such offices are on property wholly or partially owned by the legislator. This subsection shall not affect or be construed to prohibit contracts entered into prior to:
(a) October 1, 1975.
(b) Qualification for elective office.
(c) Appointment to public office.
(d) Beginning public employment.
(4) UNAUTHORIZED COMPENSATION.No public officer, employee of an agency, or local government attorney or his or her spouse or minor child shall, at any time, accept any compensation, payment, or thing of value when such public officer, employee, or local government attorney knows, or, with the exercise of reasonable care, should know, that it was given to influence a vote or other action in which the officer, employee, or local government attorney was expected to participate in his or her official capacity.
(5) SALARY AND EXPENSES.No public officer shall be prohibited from voting on a matter affecting his or her salary, expenses, or other 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.
(6) MISUSE OF PUBLIC POSITION.No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31.
(7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.
(a) No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties.
1. When the agency referred to is that certain kind of special tax district created by general or special law and is limited specifically to constructing, maintaining, managing, and financing improvements in the land area over which the agency has jurisdiction, or when the agency has been organized pursuant to chapter 298, then employment with, or entering into a contractual relationship with, such business entity by a public officer or employee of such agency is not prohibited by this subsection 1or deemed a conflict per se. However, conduct by such officer or employee that is prohibited by, or otherwise frustrates the intent of, this section, including conduct that violates subsections (6) and (8), is deemed a conflict of interest in violation of the standards of conduct set forth by this section.
2. When the agency referred to is a legislative body and the regulatory power over the business entity resides in another agency, or when the regulatory power which the legislative body exercises over the business entity or agency is strictly through the enactment of laws or ordinances, then employment or a contractual relationship with such business entity by a public officer or employee of a legislative body shall not be prohibited by this subsection or be deemed a conflict.
(b) This subsection shall not prohibit a public officer or employee from practicing in a particular profession or occupation when such practice by persons holding such public office or employment is required or permitted by law or ordinance.
(8) DISCLOSURE OR USE OF CERTAIN INFORMATION.A current or former public officer, employee of an agency, or local government attorney may not disclose or use information not available to members of the general public and gained by reason of his or her official position, except for information relating exclusively to governmental practices, for his or her personal gain or benefit or for the personal gain or benefit of any other person or business entity.
(9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.
(a)1. It is the intent of the Legislature to implement by statute the provisions of s. 8(e), Art. II of the State Constitution relating to legislators, statewide elected officers, appointed state officers, and designated public employees.
2. As used in this paragraph:
a. “Employee” means:
(I) Any person employed in the executive or legislative branch of government holding a position in the Senior Management Service as defined in s. 110.402 or any person holding a position in the Selected Exempt Service as defined in s. 110.602 or any person having authority over policy or procurement employed by the Department of the Lottery.
(II) The Auditor General, the director of the Office of Program Policy Analysis and Government Accountability, the Sergeant at Arms and Secretary of the Senate, and the Sergeant at Arms and Clerk of the House of Representatives.
(III) The executive director and deputy executive director of the Commission on Ethics.
(IV) An executive director, staff director, or deputy staff director of each joint committee, standing committee, or select committee of the Legislature; an executive director, staff director, executive assistant, analyst, or attorney of the Office of the President of the Senate, the Office of the Speaker of the House of Representatives, the Senate Majority Party Office, Senate Minority Party Office, House Majority Party Office, or House Minority Party Office; or any person, hired on a contractual basis, having the power normally conferred upon such persons, by whatever title.
(V) The Chancellor and Vice Chancellors of the State University System; the general counsel to the Board of Governors of the State University System; and the president, provost, vice presidents, and deans of each state university.
(VI) Any person, including an other-personal-services employee, having the power normally conferred upon the positions referenced in this sub-subparagraph.
b. “Appointed state officer” means any member of an appointive board, commission, committee, council, or authority of the executive or legislative branch of state government whose powers, jurisdiction, and authority are not solely advisory and include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relative to its internal operations.
c. “State agency” means an entity of the legislative, executive, or judicial branch of state government over which the Legislature exercises plenary budgetary and statutory control.
3.a. No member of the Legislature, appointed state officer, or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or member for a period of 2 years following vacation of office. No member of the Legislature shall personally represent another person or entity for compensation during his or her term of office before any state agency other than judicial tribunals or in settlement negotiations after the filing of a lawsuit.
b. For a period of 2 years following vacation of office, a former member of the Legislature may not act as a lobbyist for compensation before an executive branch agency, agency official, or employee. The terms used in this sub-subparagraph have the same meanings as provided in s. 112.3215.
4. An agency employee, including an agency employee who was employed on July 1, 2001, in a Career Service System position that was transferred to the Selected Exempt Service System under chapter 2001-43, Laws of Florida, may not personally represent another person or entity for compensation before the agency with which he or she was employed for a period of 2 years following vacation of position, unless employed by another agency of state government.
5. Any person violating this paragraph shall be subject to the penalties provided in s. 112.317 and a civil penalty of an amount equal to the compensation which the person receives for the prohibited conduct.
6. This paragraph is not applicable to:
a. A person employed by the Legislature or other agency prior to July 1, 1989;
b. A person who was employed by the Legislature or other agency on July 1, 1989, whether or not the person was a defined employee on July 1, 1989;
c. A person who was a defined employee of the State University System or the Public Service Commission who held such employment on December 31, 1994;
d. A person who has reached normal retirement age as defined in s. 121.021(29), and who has retired under the provisions of chapter 121 by July 1, 1991; or
e. Any appointed state officer whose term of office began before January 1, 1995, unless reappointed to that office on or after January 1, 1995.
(b) In addition to the provisions of this part which are applicable to legislators and legislative employees by virtue of their being public officers or employees, the conduct of members of the Legislature and legislative employees shall be governed by the ethical standards provided in the respective rules of the Senate or House of Representatives which are not in conflict herewith.
(10) EMPLOYEES HOLDING OFFICE.
(a) No employee of a state agency or of a county, municipality, special taxing district, or other political subdivision of the state shall hold office as a member of the governing board, council, commission, or authority, by whatever name known, which is his or her employer while, at the same time, continuing as an employee of such employer.
(b) The provisions of this subsection shall not apply to any person holding office in violation of such provisions on the effective date of this act. However, such a person shall surrender his or her conflicting employment prior to seeking reelection or accepting reappointment to office.
(11) PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD MEMBERS.No officer, director, or administrator of a Florida state, county, or regional professional or occupational organization or association, while holding such position, shall be eligible to serve as a member of a state examining or licensing board for the profession or occupation.
(12) EXEMPTION.The requirements of subsections (3) and (7) as they pertain to persons serving on advisory boards may be waived in a particular instance by the body which appointed the person to the advisory board, upon a full disclosure of the transaction or relationship to the appointing body prior to the waiver and an affirmative vote in favor of waiver by two-thirds vote of that body. In instances in which appointment to the advisory board is made by an individual, waiver may be effected, after public hearing, by a determination by the appointing person and full disclosure of the transaction or relationship by the appointee to the appointing person. In addition, no person shall be held in violation of subsection (3) or subsection (7) if:
(a) Within a city or county the business is transacted under a rotation system whereby the business transactions are rotated among all qualified suppliers of the goods or services within the city or county.
(b) The business is awarded under a system of sealed, competitive bidding to the lowest or best bidder and:
1. The official or the official’s spouse or child has in no way participated in the determination of the bid specifications or the determination of the lowest or best bidder;
2. The official or the official’s spouse or child has in no way used or attempted to use the official’s influence to persuade the agency or any personnel thereof to enter such a contract other than by the mere submission of the bid; and
3. The official, prior to or at the time of the submission of the bid, has filed a statement with the Commission on Ethics, if the official is a state officer or employee, or with the supervisor of elections of the county in which the agency has its principal office, if the official is an officer or employee of a political subdivision, disclosing the official’s interest, or the interest of the official’s spouse or child, and the nature of the intended business.
(c) The purchase or sale is for legal advertising in a newspaper, for any utilities service, or for passage on a common carrier.
(d) An emergency purchase or contract which would otherwise violate a provision of subsection (3) or subsection (7) must be made in order to protect the health, safety, or welfare of the citizens of the state or any political subdivision thereof.
(e) The business entity involved is the only source of supply within the political subdivision of the officer or employee and there is full disclosure by the officer or employee of his or her interest in the business entity to the governing body of the political subdivision prior to the purchase, rental, sale, leasing, or other business being transacted.
(f) The total amount of the transactions in the aggregate between the business entity and the agency does not exceed $500 per calendar year.
(g) The fact that a county or municipal officer or member of a public board or body, including a district school officer or an officer of any district within a county, is a stockholder, officer, or director of a bank will not bar such bank from qualifying as a depository of funds coming under the jurisdiction of any such public board or body, provided it appears in the records of the agency that the governing body of the agency has determined that such officer or member of a public board or body has not favored such bank over other qualified banks.
(h) The transaction is made pursuant to s. 1004.22 or s. 1004.23 and is specifically approved by the president and the chair of the university board of trustees. The chair of the university board of trustees shall submit to the Governor and the Legislature by March 1 of each year a report of the transactions approved pursuant to this paragraph during the preceding year.
(i) The public officer or employee purchases in a private capacity goods or services, at a price and upon terms available to similarly situated members of the general public, from a business entity which is doing business with his or her agency.
(j) The public officer or employee in a private capacity purchases goods or services from a business entity which is subject to the regulation of his or her agency and:
1. The price and terms of the transaction are available to similarly situated members of the general public; and
2. The officer or employee makes full disclosure of the relationship to the agency head or governing body prior to the transaction.
(13) COUNTY AND MUNICIPAL ORDINANCES AND SPECIAL DISTRICT AND SCHOOL DISTRICT RESOLUTIONS REGULATING FORMER OFFICERS OR EMPLOYEES.The governing body of any county or municipality may adopt an ordinance and the governing body of any special district or school district may adopt a resolution providing that an appointed county, municipal, special district, or school district officer or a county, municipal, special district, or school district employee may not personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or employee for a period of 2 years following vacation of office or termination of employment, except for the purposes of collective bargaining. Nothing in this section may be construed to prohibit such ordinance or resolution.
(14) LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.A person who has been elected to any county, municipal, special district, or school district office or appointed superintendent of a school district may not personally represent another person or entity for compensation before the government body or agency of which the person was an officer for a period of 2 years after vacating that office. For purposes of this subsection:
(a) The “government body or agency” of a member of a board of county commissioners consists of the commission, the chief administrative officer or employee of the county, and their immediate support staff.
(b) The “government body or agency” of any other county elected officer is the office or department headed by that officer, including all subordinate employees.
(c) The “government body or agency” of an elected municipal officer consists of the governing body of the municipality, the chief administrative officer or employee of the municipality, and their immediate support staff.
(d) The “government body or agency” of an elected special district officer is the special district.
(e) The “government body or agency” of an elected school district officer is the school district.
(15) ADDITIONAL EXEMPTION.No elected public officer shall be held in violation of subsection (7) if the officer maintains an employment relationship with an entity which is currently a tax-exempt organization under s. 501(c) of the Internal Revenue Code and which contracts with or otherwise enters into a business relationship with the officer’s agency and:
(a) The officer’s employment is not directly or indirectly compensated as a result of such contract or business relationship;
(b) The officer has in no way participated in the agency’s decision to contract or to enter into the business relationship with his or her employer, whether by participating in discussion at the meeting, by communicating with officers or employees of the agency, or otherwise; and
(c) The officer abstains from voting on any matter which may come before the agency involving the officer’s employer, publicly states to the assembly the nature of the officer’s interest in the matter from which he or she is abstaining, and files a written memorandum as provided in s. 112.3143.
(16) LOCAL GOVERNMENT ATTORNEYS.
(a) For the purposes of this section, “local government attorney” means any individual who routinely serves as the attorney for a unit of local government. The term shall not include any person who renders legal services to a unit of local government pursuant to contract limited to a specific issue or subject, to specific litigation, or to a specific administrative proceeding. For the purposes of this section, “unit of local government” includes, but is not limited to, municipalities, counties, and special districts.
(b) It shall not constitute a violation of subsection (3) or subsection (7) for a unit of local government to contract with a law firm, operating as either a partnership or a professional association, or in any combination thereof, or with a local government attorney who is a member of or is otherwise associated with the law firm, to provide any or all legal services to the unit of local government, so long as the local government attorney is not a full-time employee or member of the governing body of the unit of local government. However, the standards of conduct as provided in subsections (2), (4), (5), (6), and (8) shall apply to any person who serves as a local government attorney.
(c) No local government attorney or law firm in which the local government attorney is a member, partner, or employee shall represent a private individual or entity before the unit of local government to which the local government attorney provides legal services. A local government attorney whose contract with the unit of local government does not include provisions that authorize or mandate the use of the law firm of the local government attorney to complete legal services for the unit of local government shall not recommend or otherwise refer legal work to that attorney’s law firm to be completed for the unit of local government.
(17) BOARD OF GOVERNORS AND BOARDS OF TRUSTEES.No citizen member of the Board of Governors of the State University System, nor any citizen member of a board of trustees of a local constituent university, shall have or hold any employment or contractual relationship as a legislative lobbyist requiring annual registration and reporting pursuant to s. 11.045.
History.s. 3, ch. 67-469; s. 2, ch. 69-335; ss. 10, 35, ch. 69-106; s. 3, ch. 74-177; ss. 4, 11, ch. 75-208; s. 1, ch. 77-174; s. 1, ch. 77-349; s. 4, ch. 82-98; s. 2, ch. 83-26; s. 6, ch. 83-282; s. 14, ch. 85-80; s. 12, ch. 86-145; s. 1, ch. 88-358; s. 1, ch. 88-408; s. 3, ch. 90-502; s. 3, ch. 91-85; s. 4, ch. 91-292; s. 1, ch. 92-35; s. 1, ch. 94-277; s. 1406, ch. 95-147; s. 3, ch. 96-311; s. 34, ch. 96-318; s. 41, ch. 99-2; s. 29, ch. 2001-266; s. 20, ch. 2002-1; s. 894, ch. 2002-387; s. 2, ch. 2005-285; s. 2, ch. 2006-275; s. 10, ch. 2007-217; s. 16, ch. 2011-34; s. 3, ch. 2013-36; s. 2, ch. 2018-5; s. 1, ch. 2023-121.
1Note.The word “be” following the word “or” was deleted by the editors to improve clarity.

F.S. 112.313 on Google Scholar

F.S. 112.313 on Casetext

Amendments to 112.313


Arrestable Offenses / Crimes under Fla. Stat. 112.313
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.313.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SCHICKEL, Jr. v. C. DILGER, F. D. B. R. C. M. H., 925 F.3d 858 (6th Cir. 2019)

. . . . § 112.313(2) ; Haw. Rev. Stat. Ann. § 84-11 ; Minn. Stat. Ann. § 10A.071(2) ; S.C. . . .

K. ROBINSON, v. COMMISSION ON ETHICS,, 242 So. 3d 467 (Fla. App. Ct. 2018)

. . . We affirm the portion of the order finding that Robinson violated section 112.313(6), Florida Statutes . . . (3) or (7) but that he did violate section 112.313(6) and (16)(c). . . . With respect to section 112.313(6), the ALJ explained: Based upon his years of service to the City and . . . Here, Robinson was found to have violated the first sentence of section 112.313(16)(c). . . . (6), but reverse its finding that he violated section 112.313(16)(c). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 214 So. 3d 1290 (Fla. 2017)

. . . gratuity. property, commercial interest, or anv other thing of economic value not authorized bv law. ⅜ 112.313 . . . the public officer. employee, local government attorney, or candidate would be influenced thereby. ⅜ 112.313 . . . the public officer. employee, local government attorney, or candidate would be influenced thereby. f 112.313 . . . S 112.313(4). Fla. Stat. . . . Stat. $ 112.313(2). Fla. Stat. . . .

Al HADEED v. STATE, 208 So. 3d 782 (Fla. Dist. Ct. App. 2016)

. . . It concluded that the complaint “substantively fails to indicate a possible violation of Section 112.313 . . .

R. CREWS, v. STATE, 183 So. 3d 329 (Fla. 2015)

. . . officers and employees); § 111.012(l)(b) (defining "elected public officer” for purposes of section);- § 112.313 . . .

CZAJKOWSKI, v. STATE, 178 So. 3d 498 (Fla. Dist. Ct. App. 2015)

. . . In the response, the state argued that section 838.016, coupled with sections 112.313(2) and 112.313( . . . (2) and 112.313(4). . . . The state ultimately requested a special jury instruction based on only section 112.313(4). . . . When combined with the common theme running between sections' 112.313(2) and 112.313(4) — that a-publicofficer . . . (2) and 112.313(4) provide. . . .

B. McALPIN, v. CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION,, 155 So. 3d 416 (Fla. Dist. Ct. App. 2014)

. . . enforcement officers through violation of sections 914.22(1) (witness tampering), 837.012(1) (perjury), and 112.313 . . . official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others.” § 112.313 . . .

L. FERNANDEZ, v. CITY OF MIAMI,, 147 So. 3d 553 (Fla. Dist. Ct. App. 2014)

. . . Fernandez argues that section 112.313(5), Florida Statutes (2006), relieved him of any fiduciary duty . . . Section 112.313 provides: (5) SALARY AND EXPENSES. — No public officer shall be prohibited from voting . . . See § 112.313(5), Fla. . . .

YOUNG, v. LAMAR,, 115 So. 3d 1132 (Fla. Dist. Ct. App. 2013)

. . . Executive Director of the Commission, indicated that the complaint failed to allege, as required by Section 112.313 . . .

SIPLIN, v. COMMISSION ON ETHICS,, 59 So. 3d 150 (Fla. Dist. Ct. App. 2011)

. . . issued by the Florida Commission on Ethics (“Commission”), concluding that Gary Siplin violated section 112.313 . . . the matter to an administrative law judge, and ultimately concluded that Siplin had violated section 112.313 . . . In order to conclude that Siplin violated section 112.313(6), the Commission was required to find by . . . The district court concluded that the touchstone of section 112.313(6) is its requirement that the public . . . acted corruptly, a term that has penal nuances: The statute under which Latham was charged, section 112.313 . . .

WASSERSTROM, v. STATE, 21 So. 3d 55 (Fla. Dist. Ct. App. 2009)

. . . Stat. s. 112.313(3),(7). . . . Stat. s. 112.313(3), (7). . . .

MALOY, v. BOARD OF COUNTY COMMISSIONERS OF LEON COUNTY,, 946 So. 2d 1260 (Fla. Dist. Ct. App. 2007)

. . . ’s first allegation concerned improper solicitation and acceptance of gifts in violation of section 112.313 . . . Danaher’s second allegation accused Maloy of misusing his public position in violation of section 112.313 . . . The complaint also accused Maloy of violating section 112.313(7), Florida Statutes, through an improper . . . romantically oriented comments, behavior, and/or invitations to female staff members in violation of section 112.313 . . .

FANIZZA, v. STATE COMMISSION ON ETHICS,, 927 So. 2d 23 (Fla. Dist. Ct. App. 2006)

. . . The commission found separate ethical violations for each case, based on section 112.313(7), Florida . . . We agree with appellant that the commission erroneously interpreted section 112.313(7). . . . The commission, as we said earlier, found the same violation of section 112.313(7), in the order quoted . . .

G. S. BENNETT, v. COMMISSION ON ETHICS,, 871 So. 2d 924 (Fla. Dist. Ct. App. 2004)

. . . of the Council of the Town of Pierson, Florida, to obtain a special benefit in violation of section 112.313 . . . The statutory provision at issue here is section 112.313(6), Florida Statutes, which provides, in pertinent . . . duties, [3] to secure a special privilege, benefit, or exemption for himself, herself, or others. § 112.313 . . . This, the Commission asserts, meets the “corrupt” standard required under section 112.313(6), Florida . . .

JOHNSON, v. STATE, 852 So. 2d 351 (Fla. Dist. Ct. App. 2003)

. . . we conclude that her challenge, based upon application of the two-year representation bar of section 112.313 . . .

ACCELERATED BENEFITS CORPORATION, v. DEPARTMENT OF INSURANCE,, 813 So. 2d 117 (Fla. Dist. Ct. App. 2002)

. . . The statute addressed by both Barker and Goin was section 112.313(4), Florida Statutes (1993), which . . .

I. VELEZ, v. COMMISSION ON ETHICS, STATE OF FLORIDA,, 739 So. 2d 686 (Fla. Dist. Ct. App. 1999)

. . . Velez’s part-time employment constituted a prohibited conflict of interest under section 112.313(7)(a . . . part-time employment constituted a conflict of interest prohibited under the second part of section 112.313 . . . That section provides: 112.313 Standards of conduct for public officers, employees of agencies, and local . . .

D. LATHAM, v. FLORIDA COMMISSION ON ETHICS,, 694 So. 2d 83 (Fla. Dist. Ct. App. 1997)

. . . Commission) adopting a hearing officer’s findings of fact and conclusion that La-tham violated section 112.313 . . . The statute under which Latham was charged, section 112.313(6), has as its touchstone the requirement . . .

BARKER, v. STATE COMMISSION ON ETHICS M., 683 So. 2d 675 (Fla. Dist. Ct. App. 1996)

. . . Florida Commission on Ethics, 654 So.2d 646 (Fla. 3d DCA 1995), we held section 112.313(4) to be unconstitutionally . . .

BREVARD COUNTY, v. STATE, COMMISSION ON ETHICS,, 678 So. 2d 906 (Fla. Dist. Ct. App. 1996)

. . . Commission determined that, under the facts presented, a conflict of interest existed under section 112.313 . . . to work for the entity, provide an exemption from section 112.313(7)(a) for the county employee? . . . Stat. 112.313(7)(b), would provide an exemption from this conflict.” . . . the determination that a conflict of interest exists under section 112.313(7)(a). . . . When a prohibited conflict of interest exists under section 112.313(7)(a), section 112.313(7)(b) allows . . .

COMMISSION ON ETHICS, v. BARKER,, 677 So. 2d 254 (Fla. 1996)

. . . on Ethics, 654 So.2d 646 (Fla. 3d DCA 1995), wherein the district court of appeal declared section 112.313 . . . Section 112.313(4) provides: No public officer or employee of an agency or his spouse or minor child . . . In D’Alemberte, we invalidated an earlier version of section 112.313(4) as unconstitutionally vague. . . . Neither the court below nor any of the parties have suggested, nor do we find, that section 112.313(4 . . . We conclude, therefore, that section 112.313(4) is facially constitutional. . . . be in a position to help the donor one day, without more, would not establish a violation of section 112.313 . . . , no one can dispute that we have been unable to give concrete meaning to the provisions of section 112.313 . . .

GEORGE L. W. O. v. CITY OF COCOA, FLORIDA, 78 F.3d 494 (11th Cir. 1996)

. . . is prohibited unless “there is, or appears to be, a possible conflict of interest under § 112.311, § 112.313 . . . Ann. § 112.313(6) (West 1994), which provides that “No public officer or employee of an agency ... shall . . .

G. GOIN, v. COMMISSION ON ETHICS,, 658 So. 2d 1131 (Fla. Dist. Ct. App. 1995)

. . . Goin, former Athletic Director of Florida State University (FSU), violated section 112.313(4), Florida . . . In this appeal, Goin argues that section 112.313(4) is unconstitutionally vague. . . . Goin also asserts that section 112.313(4) is unconstitutional because it covers cases where the public . . . Goin submits that because under section 112.313(4) a person of common understanding intelligence must . . . Anderson, 349 So.2d 164 (Fla.1977), the supreme court considered the language of section 112.313(2)(a . . .

BARKER, v. STATE COMMISSION ON ETHICS M., 654 So. 2d 646 (Fla. Dist. Ct. App. 1995)

. . . and public report issued by the Florida Commission on Ethics, finding that Barker violated Section 112.313 . . . We reverse because Section 112.313(4) is facially unconstitutionally vague. . . . Coral Gables City Commissioner since 1989, accepted unauthorized compensation in violation of Section 112.313 . . . Section 112.313(4) provides: No public officer or employee of an agency or his spouse or minor child . . . However, when the Florida Legislature enacted the current Section 112.313(4), it used language prohibiting . . .

KINZER, v. STATE COMMISSION ON ETHICS,, 654 So. 2d 1007 (Fla. Dist. Ct. App. 1995)

. . . The Ethics Commission also found that Kinzer had violated subsection 112.313(6), Florida Statutes (1989 . . . The Ethics Commission proceeded against Kinzer under subsection 112.313(6), Florida Statutes (1989), . . . One of the key terms in subsection 112.313(6) is the word “corruptly.” . . . Consequently, we reverse the finding that Kinzer violated subsection 112.313(6). . . .

STATE v. MARK MARKS, P. A. STATE v. MARK MARKS, P. A. a k a, 654 So. 2d 1184 (Fla. Dist. Ct. App. 1995)

. . . Rou, 366 So.2d 385 (Fla.1978), the supreme court held section 112.313(3), Florida Statutes (1973), to . . . Section 112.313(3) made it improper for state or county employees to use their official position to secure . . .

R. PATCHETT, v. COMMISSION ON ETHICS,, 626 So. 2d 319 (Fla. Dist. Ct. App. 1993)

. . . Commission on Ethics (“Commission”) alleging that Patchett, a former Florida legislator, had violated § 112.313 . . . After entry of a probable-cause order finding a violation of § 112.313(4), the Commission gave notice . . .

COUCH, v. COMMISSION ON ETHICS,, 617 So. 2d 1119 (Fla. Dist. Ct. App. 1993)

. . . The Commission received a sworn complaint from Taunton alleging that Tapper had violated section 112.313 . . . investigation, the Commission found that there was no probable cause to believe that Tapper violated section 112.313 . . .

McKINNEY, v. PATE,, 985 F.2d 1502 (11th Cir. 1993)

. . . advisory opinions from the Florida Commission on Ethics clearly illustrate that the Florida statute, § 112.313 . . .

K. GORDON, v. STATE COMMISSION ON ETHICS,, 609 So. 2d 125 (Fla. Dist. Ct. App. 1992)

. . . The order held that appellant, while a member of the Coral Springs City Commission, violated sections 112.313 . . . (6) and 112.313(7), Florida Statutes (1989). . . . We also affirm the commission’s conclusion that appellant violated section 112.313(6) when he used city . . . The hearing officer concluded that appellant did not violate section 112.313(6) with reference to the . . .

RICH, v. FLORIDA COMMISSION ON ETHICS,, 596 So. 2d 504 (Fla. Dist. Ct. App. 1992)

. . . In determining this violation, the Commission declined to apply the exemption set forth in section 112.313 . . . Given this, the phrase “subject transaction” contained in section 112.313(12)(f) must apply to the single . . . Rich in violation of section 112.313(7)(a) by reason of a church carnival ride inspection and penalizing . . .

BLACKBURN, v. STATE COMMISSION ON ETHICS,, 589 So. 2d 431 (Fla. Dist. Ct. App. 1991)

. . . Section 112.313(6), Florida Statutes (1989), provides in pertinent part: (6) MISUSE OF PUBLIC POSITION . . . An essential element of the charged offense under section 112.313(6) is the statutory requirement that . . . We do not believe that section 112.313(6), standing alone, provided a legally sufficient basis for putting . . . If the code of ethics in section 112.313 is to cover the acts charged and proved against appellant in . . . proven against appellant under the circumstances of this case is not within the proscriptions of section 112.313 . . .

CRONLEY v. PENSACOLA NEWS- JOURNAL, INC. v. CHILDERS, 35 Fla. Supp. 2d 131 (Fla. Cir. Ct. 1989)

. . . Ethics a complaint against Childers in which it was charged that there had been a violation of Section 112.313 . . .

IZAAK WALTON LEAGUE OF AMERICA, v. MONROE COUNTY, 448 So. 2d 1170 (Fla. Dist. Ct. App. 1984)

. . . there is, or appears to be, a possible conflict of interest under the provisions of s. 112.311, s. 112.313 . . . may abstain from voting only if there is or appears to be a conflict or interest under §§ 112.311, 112.313 . . .

GARNER, v. STATE COMMISSION ON ETHICS,, 439 So. 2d 894 (Fla. Dist. Ct. App. 1983)

. . . from various female subordinate personnel and that such behavior constituted a violation of section 112.313 . . . One of appellant’s contentions on appeal is that section 112.313(6) is unconstitutional as applied in . . . that the allegations against appellant were within the jurisdiction of the Commission under section 112.313 . . . (6) and that section 112.313(6) is not unconstitutionally vague. . . . Section 112.313(7) defines “corruptly” as “done with a wrongful intent and for the purpose of obtaining . . .

B. LOVEJOY, W. M. A. v. R. GRUBBS, T. E. H., 432 So. 2d 678 (Fla. Dist. Ct. App. 1983)

. . . Count One was based upon an alleged violation of section 112.313, Florida Statutes (1981); Count Two . . .

STATE COMMISSION ON ETHICS, v. SULLIVAN, 430 So. 2d 928 (Fla. Dist. Ct. App. 1983)

. . . whether violations of Sections 99.012(7) and 116.111 may be determined to be violations of Section 112.313 . . . Subsection 112.313(6) provides: MISUSE OF PUBLIC POSITION. — No public officer or employee of an agency . . . another by causing the alteration and falsification of copies of public documents in violation of Section 112.313 . . . (4), Florida Statutes (Supp.1974), the predecessor to Section 112.313(6), Florida Statutes (Supp.1980 . . . exemption for the officeholder or another, and, thus, the Commission has jurisdiction under Section 112.313 . . .

COMMISSION ON ETHICS, v. L. H. LANCASTER,, 421 So. 2d 711 (Fla. Dist. Ct. App. 1982)

. . . with several acts of sexual harassment against some of his female employees in violation of Section 112.313 . . .

A. HOWARD, Jr. v. STATE COMMISSION ON ETHICS,, 421 So. 2d 37 (Fla. Dist. Ct. App. 1982)

. . . Zerweck violated Section 112.313(7)(a), Florida Statutes (1979). . . . stated that this dual employment presented a conflict of interest which was prohibited under Section 112.313 . . . evinced by Sections 112.311 and 112.316, Florida Statutes (1979), construed in pari materia with Section 112.313 . . . is no suggestion by Howard that the legislature exceeded its authority by the enactment of Section 112.313 . . . I also agree that Section 112.313(3), Florida Statutes (1979), does not interfere with our Supreme Court . . . his law firm openly arrived at and in use for a number of years does not, in my view, violate Section 112.313 . . . Section 112.313(3), Florida Statutes (1979). . . . Thus, we have interpreted Section 112.313(3), Florida Statutes, to apply not only where a public officer . . . Section 112.313(3) does contain a “grandfather” clause, which would exempt contracts entered into prior . . .

FLORIDA PUBLISHING COMPANY, v. WILKES, L. H., 420 So. 2d 333 (Fla. Dist. Ct. App. 1982)

. . . matters of pleading only which require no evidentiary predicate for their determination: (1) that Section 112.313 . . .

Dr. GARNER, v. FLORIDA COMMISSION ON ETHICS,, 415 So. 2d 67 (Fla. Dist. Ct. App. 1982)

. . . President of Hillsborough Community College, alleging he misused his public position, contrary to Section 112.313 . . . additional allegation of the complaints charged that the acts of sexual harassment violated Section 112.313 . . . Section 112.313(6), Florida Statutes, prevents a public official or employee from using his or her official . . . We find no merit in Garner’s contention that Section 112.313(6), Florida Statutes (1981), is unconstitutionally . . .

ZERWECK, v. STATE COMMISSION ON ETHICS,, 409 So. 2d 57 (Fla. Dist. Ct. App. 1982)

. . . commissioner and mayor of the City of Margate, challenges the applicability and constitutionality of Section 112.313 . . . Zerweck with a violation of Section 112.313(7)(a), Florida Statutes (1979). . . . Zerweck’s initial suggestion that he is exempt from the strictures of Section 112.313(7)(a) by virtue . . . Zerweck argues that Section 112.313(7)(a) is too vague to pass constitutional muster. . . . Specifically, he suggests that the term “conflict,” which is used in Section 112.313(7)(a) and which . . . Section 112.313(7)(a). Would his employment by D.J.M. . . .

SOUTH TRAIL AREA FIRE CONTROL DISTRICT, a v. D. KNECHT,, 400 So. 2d 46 (Fla. Dist. Ct. App. 1981)

. . . Knecht’s dual employment to be a conflict of interest under section 112.313(7), Florida Statutes (1977 . . .

L. TAUNTON, v. TAPPER,, 396 So. 2d 843 (Fla. Dist. Ct. App. 1981)

. . . The Commission received a sworn complaint from appellant alleging that appellee had violated Section 112.313 . . . Section 112.313(7)(a) provides: No public officer or employee of an agency shall have or hold any employment . . . Joe Stevedoring Company, the Commission found there was no violation of Section 112.313(7)(a) under the . . . exception specified in Section 112.313(7)(b) since the special act creating the Authority permitted . . . Commission’s apparent construction of the “which is subject to the regulation of” phrase in Section 112.313 . . .

TENNEY, v. STATE COMMISSION ON ETHICS, STATE COMMISSION ON ETHICS, v. TENNEY,, 395 So. 2d 1244 (Fla. Dist. Ct. App. 1981)

. . . Richard Tenney appeals from an order of the trial court upholding the constitutionality of section 112.313 . . . the Commission on Ethics which charged that Tenney had violated the following provision of section 112.313 . . . Ten-ney has based his argument that section 112.313(6) is unconstitutional on the fact that the Supreme . . . While section 112.313(6) is similar to former section 112.313(3), there have been two notable changes . . . Accordingly, we hold that section 112.313(6) is constitutional. . . .

C. WRIGHT, v. STATE COMMISSION ON ETHICS,, 389 So. 2d 662 (Fla. Dist. Ct. App. 1980)

. . . A complaint was the filed against her for violating Sections 112.313(10)(a) and (b), Florida Statutes . . . This apparently is a case of first impression regarding the application of Section 112.313(10), and the . . . The manifest purpose of Section 112.313(10), Florida Statutes, is to prevent a public employee or officer . . . The majority agrees that the purpose of Section 112.313(10) is “to prevent a public employee or officer . . . This result, in my opinion, flies directly in the face of the statutory prohibition of Section 112.313 . . .

L. DeBUSK, v. SMITH,, 390 So. 2d 327 (Fla. 1980)

. . . another by causing the alteration and falsification of copies of public documents in violation of section 112.313 . . . corruptly used his official position to secure a special privilege for Sells in violation of section 112.313 . . . Section 112.313(4), Florida Statutes (Supp. 1974), provides: No public officer or employee of an agency . . .

R. BRUNER, v. STATE COMMISSION ON ETHICS,, 384 So. 2d 1339 (Fla. Dist. Ct. App. 1980)

. . . Suffice it to say that appellee Commission found that appellant, by his actions, violated § 112.313(6 . . .

BOARD OF COUNTY COMMISSIONERS, CITRUS COUNTY, v. FLORIDA DEPARTMENT OF COMMERCE, DIVISION OF EMPLOYMENT SECURITY, C., 370 So. 2d 1209 (Fla. Dist. Ct. App. 1979)

. . . See generally § 112.313(6), Fla. Stat. (1977); City of Clearwater v. . . .

T. WEST, v. A. TROELSTRUP,, 367 So. 2d 253 (Fla. Dist. Ct. App. 1979)

. . . upon confidential insider information for his own personal gain or benefit in violation of Section 112.313 . . .

STATE v. M. ROU, Jr., 366 So. 2d 385 (Fla. 1978)

. . . Section 112.313(3), Florida Statutes (1973), provided: “No officer or employee of a state agency, or . . . As will be seen, Rou’s contention suggests that Section 112.313(3) may be ill-suited to achieve the legislative . . .

T. WEST, v. STATE DEPARTMENT OF CRIMINAL LAW ENFORCEMENT,, 371 So. 2d 107 (Fla. Dist. Ct. App. 1978)

. . . wristwatch which had not been stolen for your own personal gain or benefit in violation of subsection 112.313 . . .

G. OLDHAM, Jr. v. F. ROOKS,, 361 So. 2d 140 (Fla. 1978)

. . . member, there is or appears to be a possible conflict of interest under the provisions of § 112.311, § 112.313 . . . In such cases said member shall comply with the disclosure requirements of § 112.313. . . .

STATE v. DeLEO, STATE v. W. JOHNSON,, 356 So. 2d 306 (Fla. 1978)

. . . , with corrupt intent to obtain benefit for themselves, a statute relating to their office: Section 112.313 . . .

FLORIDA GULF HEALTH SYSTEMS AGENCY, INC. v. COMMISSION ON ETHICS, 354 So. 2d 932 (Fla. Dist. Ct. App. 1978)

. . . FLORIDA STATUTES) AND THE STANDARDS OF CONDUCT PROVISIONS (SECTION 112.313, FLORIDA STATUTES). . . .

D ALEMBERTE, W. E. A. Jr. F. L. D. v. ANDERSON,, 349 So. 2d 164 (Fla. 1977)

. . . this Court following a decision of the District Court of Appeal, First District, declaring Section 112.313 . . . On December 13, 1974, the full Commission found that appel-lee violated Section 112.313(1), Florida Statutes . . . It should be noted that Section 112.313(1), Florida Statutes (Supp.1974), was amended by Ch. 75-208, . . . § 4, Laws of Florida, and now appears in relevant part as Section 112.313(2)(a), Florida Statutes (1975 . . . While the proscribed conduct is similar to that under § 112.313(2)(a), Fla.Stat. (1975), the Canon is . . .

STATE v. F. WERSHOW, 343 So. 2d 605 (Fla. 1977)

. . . Dinsmore, 308 So.2d 32 (Fla.1975), wherein this court determined Section 112.313, Florida Statutes, to . . .

ANDERSON, v. D ALEMBERTE,, 334 So. 2d 618 (Fla. Dist. Ct. App. 1976)

. . . has found petitioner, a member of the City Commission of Stuart, Florida, to be in violation of F.S. 112.313 . . . and practice.” (269 So.2d at page 670) In the Llopis decision, the court held subsection 6 of F.S. 112.313 . . . added) Judged by the principles of law announced in the Llopis case the standard contained within F.S. 112.313 . . . The statute (F.S. 112.313(1)) uses the words “reasonably prudent person.” . . . F.S. 112.313(6) provided: “No officer or employee of a state agency, or of a county, city, or other political . . .

STATE BUNTEMEYER, v. FLORIDA STATE COMMISSION ON ETHICS,, 321 So. 2d 137 (Fla. Dist. Ct. App. 1975)

. . . On March 18, 1975, relator filed a disclosure statement in compliance with § 112.313(3), Florida Statutes . . .

GOLDTRAP v. COMMISSION ON ETHICS,, 43 Fla. Supp. 11 (Leon Cty. Cir. Ct. 1975)

. . . (Section 3 of act which amends §112.313, Florida Statutes 1973.) . . .

STATE v. E. GLIDEWELL,, 311 So. 2d 126 (Fla. Dist. Ct. App. 1975)

. . . three-count information charged ap-pellee with violations of Florida Statutes, Sections 811.021, 817.29, and 112.313 . . .

STATE v. J. DINSMORE,, 308 So. 2d 32 (Fla. 1975)

. . . on consolidated direct appeals from orders of the County Court of Pinellas County holding Sections 112.313 . . . November 14, 1973, filed a motion to dismiss the indictment against him on the grounds that Section 112.313 . . . The trial court granted the motion to dismiss and held that Section 112.313(2), Florida Statutes, which . . . In such cases said member shall comply with the disclosure requirements of § 112.313.” clarifies any . . . Therein this Court held Section 112.313(6), Florida Statutes, to be unconstitutionally vague opining, . . .

ZELTZER v. MIAMI BEACH CITY COUNCIL,, 39 Fla. Supp. 160 (Dade Cty. Cir. Ct. 1973)

. . . The following prohibition is contained in §112.313 subsection (3)- No officer or employee of a state . . . The defendants amended their answer to state that §112.311, §112.313 (3), and §112.314(1) are unconstitutional . . .

STATE v. A. LLOPIS,, 257 So. 2d 17 (Fla. 1971)

. . . . § 112.313(6), F.S.A., and holding that statute unconstitutional. . . . the said City of Tamarac on said date, against the form of the statute in such case pursuant to Sec. 112.313 . . . levied against him, appellee moved for a dismissal of the information on the ground that Fla.Stat. § 112.313 . . . considered, the Defendant having properly raised the sole issue of the constitutionality of Fla.Stat. 112.313 . . .