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

View Entire Chapter

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: Fla. | Date Filed: 2015-11-25T00:00:00-08:00

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

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

Ago

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

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 2010-04-22T00:53:00-07:00

Snippet: of language such as that contained in section 112.3135(2)(a), Florida Statutes, prohibiting action by…municipality or other public entity are subject to s. 112.3135." According to your letter, "the Principal…provisions of earlier codifications of section 112.3135(2), Florida Statutes, this office and the Florida…Galbut case determined that the language of section 112.3135(2)(a), Florida Statutes (1991), prohibited only…decision in Galbut, 5 the Legislature amended section 112.3135(2)(a), Florida Statutes, during the 1994 legislative

Ago

Court: Fla. Att'y Gen. | Date Filed: 2008-10-14T00:53:00-07:00

Snippet: successors." 18 Section 112.3135(2)(a), Florida Statutes. And see s.112.3135(1)(a), defining "Agency…Florida's anti-nepotism statute is section 112.3135, Florida Statutes. The statute imposes restrictions…those services that they provide."18 Section 112.3135, Florida Statutes, is contained in Part III, Chapter

In Re Amendment to Code of Judicial Conduct

Court: Fla. | Date Filed: 2006-01-04T23:53:00-08:00

Citation: 918 So. 2d 949

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

Code of Judicial Conduct

Court: Fla. | Date Filed: 2003-01-23T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1995-05-10T00:53:00-07:00

Citation: 654 So. 2d 1007

Snippet: that Kinzer had violated the anti-nepotism law, § 112.3135, Fla. Stat. (1989), by reason of a 1990 vote in…municipalities with less than 35,000 population." § 112.3135(2)(a), Fla. Stat. (Supp. 1994), as amended by …appointing authority is a collegial body. See § 112.3135, Fla. Stat. (Supp. 1994), as amended by Ch. 94

In Re Code of Judicial Conduct

Court: Fla. | Date Filed: 1994-09-29T00:53:00-07:00

Citation: 643 So. 2d 1037

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

Citation: 626 So. 2d 192

Snippet: reappointment. The City Attorney determined that section 112.3135(2)(a), Florida Statutes (1991), prohibited Galbut…Galbut's reappointment. Section 112.3135(2)(a) provides: A public official may not appoint, employ…reasons set forth below, we agree that section 112.3135(2) does not prohibit Galbut's reappointment…official's relative are prohibited. Section 112.3135(2)(a) provides in pertinent part: A public official… consistent with the plain language of section 112.3135(2)(a), we construe Florida's anti-nepotism

Galbut v. City of Miami Beach

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-13T00:53:00-07:00

Citation: 605 So. 2d 466

Snippet: construed Florida's anti-nepotism law, section 112.3135, Florida Statutes (1991). We reverse. For ten …relative of the public official." Section 112.3135(2)(a), Fla. Stat. (1991). The use of the words…who is a relative of the individual." Id. § 112.3135(2)(a) (emphasis added). The statute is addressed

MacKenzie v. Super Kids Bargain Store, Inc.

Court: Fla. | Date Filed: 1990-07-19T00:00:00-07:00

Citation: 565 So. 2d 1332

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