Florida Statute 112.3135 | 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. 112.3135

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 Citing Statute 112.3135

Total Results: 11

William R. Crews v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2015-11-25

Citation: 183 So. 3d 329, 40 Fla. L. Weekly Supp. 653, 2015 Fla. LEXIS 2626

Snippet: (defining "public officer” for purposes of section); § 112.3135(l)(c) (defining "public official” for purposes

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-07-19

Snippet: the board of county commissioners). 3 Section 112.3135(2)(a), Fla. Stat. (1993). 4 City of Miami Beach

Ago

Court: Florida Attorney General Reports | Date Filed: 2010-04-22

Snippet: of language such as that contained in section 112.3135(2)(a), Florida Statutes, prohibiting action by

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-10-14

Snippet: concerns. Florida's anti-nepotism statute is section 112.3135, Florida Statutes. The statute imposes restrictions

In Re Amendment to Code of Judicial Conduct

Court: Supreme Court of Florida | Date Filed: 2006-01-05

Citation: 918 So. 2d 949, 2006 WL 20522

Snippet: prescribed by Section 3C(4). See also Fla.Stat. § 112.3135 (1991). Canon 3D. Appropriate action may include

Code of Judicial Conduct

Court: Supreme Court of Florida | Date Filed: 2003-01-23

Citation: 838 So. 2d 521, 28 Fla. L. Weekly Supp. 86, 2003 Fla. LEXIS 50, 2003 WL 151771

Snippet: prescribed by Section 3C(4). See also Fla.Stat. § 112.3135 (1991). Canon 3D. Appropriate action may include

Kinzer v. STATE COM'N ON ETHICS

Court: District Court of Appeal of Florida | Date Filed: 1995-05-10

Citation: 654 So. 2d 1007, 1995 Fla. App. LEXIS 4994, 1995 WL 271449

Snippet: that Kinzer had violated the anti-nepotism law, § 112.3135, Fla. Stat. (1989), by reason of a 1990 vote in

In Re Code of Judicial Conduct

Court: Supreme Court of Florida | Date Filed: 1994-09-29

Citation: 643 So. 2d 1037, 19 Fla. L. Weekly Supp. 473, 1994 Fla. LEXIS 1480, 1994 WL 525903

Snippet: prescribed by Section 3C(4). See also Fla. Stat. § 112.3135 (1991). Canon 3D(3). Appropriate action may include

City of Miami Beach v. Galbut

Court: Supreme Court of Florida | Date Filed: 1993-10-21

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

Snippet: section 112.3135(2)(a), Florida Statutes (1991), prohibited Galbut's reappointment. Section 112.3135(2)(a)

Galbut v. City of Miami Beach

Court: District Court of Appeal of Florida | Date Filed: 1992-10-13

Citation: 605 So. 2d 466, 1992 Fla. App. LEXIS 10621, 1992 WL 131899

Snippet: construed Florida's anti-nepotism law, section 112.3135, Florida Statutes (1991). We reverse. For ten

MacKenzie v. Super Kids Bargain Store, Inc.

Court: Supreme Court of Florida | Date Filed: 1990-07-19

Citation: 565 So. 2d 1332, 1990 WL 103138

Snippet: or less or is from a relative, as defined in s. 112.3135(1)(c), provided that the relationship is reported