The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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F.S. 112.3135

112.3135 Restriction on employment of relatives.—

(1) In this section, unless the context otherwise requires:

(a) “Agency” means:

1. A state agency, except an institution under the jurisdiction of the Board of Governors of the State University System;

2. An office, agency, or other establishment in the legislative branch;

3. An office, agency, or other establishment in the judicial branch;

4. A county;

5. A city; and

6. Any other political subdivision of the state, except a district school board or community college district.

(b) “Collegial body” means a governmental entity marked by power or authority vested equally in each of a number of colleagues.

(c) “Public official” means an officer, including a member of the Legislature, the Governor, and a member of the Cabinet, or an employee of an agency in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency, including the authority as a member of a collegial body to vote on the appointment, employment, promotion, or advancement of individuals.

(d) “Relative,” for purposes of this section only, with respect to a public official, means an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

(2)(a) A public official may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the agency in which the official is serving or over which the official exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual or if such appointment, employment, promotion, or advancement is made by a collegial body of which a relative of the individual is a member. However, this subsection shall not apply to appointments to boards other than those with land-planning or zoning responsibilities in those municipalities with less than 35,000 population. This subsection does not apply to persons serving in a volunteer capacity who provide emergency medical, firefighting, or police services. Such persons may receive, without losing their volunteer status, reimbursements for the costs of any training they get relating to the provision of volunteer emergency medical, firefighting, or police services and payment for any incidental expenses relating to those services that they provide.

(b) Mere approval of budgets shall not be sufficient to constitute “jurisdiction or control” for the purposes of this section.

(3) An agency may prescribe regulations authorizing the temporary employment, in the event of an emergency as defined in s. 252.34, of individuals whose employment would be otherwise prohibited by this section.

(4) Legislators’ relatives may be employed as pages or messengers during legislative sessions.

History.—ss. 1, 2, 3, ch. 69-341; ss. 15, 35, ch. 69-106; s. 70, ch. 72-221; s. 3, ch. 83-334; s. 1, ch. 89-67; s. 4, ch. 90-502; s. 2, ch. 94-277; s. 1407, ch. 95-147; s. 1, ch. 98-160; s. 42, ch. 99-2; s. 11, ch. 2007-217; s. 47, ch. 2011-142.

Note.—Former s. 116.111.

F.S. 112.3135 on Google Scholar

F.S. 112.3135 on Casetext

Amendments to 112.3135

Arrestable Offenses / Crimes under Fla. Stat. 112.3135

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.3135.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . officer” for purposes of section);- § 112.313(1) (defining "public officer” for purposes of section); § 112.3135 . . .

In AMENDMENT TO CODE OF JUDICIAL CONDUCT- AMERICAN BAR ASSOCIATION S MODEL CODE OF JUDICIAL CONDUCT, 918 So. 2d 949 (Fla. 2006)

. . . . § 112.3135 (1991). Canon 3D. . . .

CODE OF JUDICIAL CONDUCT, 838 So. 2d 521 (Fla. 2003)

. . . . § 112.3135 (1991). Canon 3D. . . .

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

. . . The Ethics Commission made a finding that Kin-zer had violated the anti-nepotism law, § 112.3135, Fla.Stat . . . land-planning or zoning responsibilities in those municipalities with less than 35,000 population.” § 112.3135 . . . See § 112.3135, Fla.Stat (Supp. 1994), as amended by Ch. 94-277, § 2, at 1962, Laws of Fla. . . .

In CODE OF JUDICIAL CONDUCT, 643 So. 2d 1037 (Fla. 1994)

. . . . § 112.3135 (1991). Canon 3D(3). . . .

CITY OF MIAMI BEACH, v. GALBUT,, 626 So. 2d 192 (Fla. 1993)

. . . The City Attorney determined that section 112.3135(2)(a), Florida Statutes (1991), prohibited Galbut’ . . . Section 112.3135(2)(a) provides: A public official may not appoint, employ, promote, or advance, or advocate . . . For the reasons set forth below, we agree that section 112.3135(2) does not prohibit Galbut’s reappointment . . . Section 112.3135(2)(a) provides in pertinent part: A public official may not appoint ... or advocate . . . In conclusion, consistent with the plain language of section 112.3135(2)(a), we construe Florida’s anti-nepotism . . .

GALBUT, v. CITY OF MIAMI BEACH,, 605 So. 2d 466 (Fla. Dist. Ct. App. 1992)

. . . Russell Galbut appeals a declaratory judgment which construed Florida’s anti-nepotism law, section 112.3135 . . . Section 112.3135(2)(a), Fla.Stat. (1991). . . .

v. SUPER KIDS BARGAIN STORE, INC. v. BREAKSTONE, 565 So. 2d 1332 (Fla. 1990)

. . . However, if the contribution is $100 or less or is from a relative, as defined in s. 112.3135(l)(c), . . .