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Florida’s Ethics Laws: “ A Public Office is a Public Trust” Presented by: Kerrie Stillman Florida Commission on Ethics Section 112.313(8), F.S.

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Presentation on theme: "Florida’s Ethics Laws: “ A Public Office is a Public Trust” Presented by: Kerrie Stillman Florida Commission on Ethics Section 112.313(8), F.S."— Presentation transcript:

1 Florida’s Ethics Laws: “ A Public Office is a Public Trust” Presented by: Kerrie Stillman Florida Commission on Ethics Section 112.313(8), F.S.

2 Training Required 4 hours per calendar year: Article II, Section 8 Code of Ethics Public Records Public Meetings

3 Article II, Section 8 The “Sunshine Amendment” Not to be confused with the Sunshine Law (Chapter 286, Florida Statutes)

4 Dual Employment No public employment with state or political subdivisions IF it’s for influence or other advantage because of your public office. Grandfather clause for job prior to qualification for office. Advancement only under certain conditions. Section 112.313(3), F.S.

5 Business Considerations Can’t personally sell services to your agency or “political subdivision” Can’t purchase services from a corporation that you, spouse, child are an officer, director, partner, proprietor, or have material interest (5%) Section 112.313(3), F.S.

6 Conflicting Employment 1.Can’t work for entity doing business with your office AND… 2.Can’t have employment (contract) with any entity that poses a conflict between public duties and private interests Section 112.313(7), F.S.

7 Blind Trusts Must comply with the law in order to be a “qualified blind trust” that prevents you from having certain conflicts Section 112.31425, F.S.

8 Relatively speaking Can’t appoint, employ, promote, or advance relative Can’t advocate for the employment, appointment, promotion, or advancement of relative. Section 112.3135, F.S.

9 Misuse of Office Corruptly means…“done with a wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for, any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his or her public duties.” [Section 112.312(9)] Section 112.313(6), F.S.

10 Use of Information Information gained by reason of public position Confidential info Info that will be public, but isn’t yet Section 112.313(8), F.S.

11 Financial Disclosure Postmark by September 3 rd or get fined! Published online Read instructions to avoid costly mistakes CEO 11-11 & CEO 12-10 Sections 112.3144 & 112.3145, F.S. Article II, Section 8, Florida Constitution

12 Gifts Don’t ask for anything from a vendor, “lobbyist,” pac, or cce for self, family or another RI NO GIFTS OVER $100 FROM LOBBYISTS Report gifts over $100 from non-relatives, non-lobbyists Sections 112.313(2) & 112.313(4), F.S. Section 112.3148, F.S.

13 “Lobbyist” Anyone within the last 12 months who was paid to influence you or someone in your office; or the partner, firm, or principal of that person Section 112.3148(2)(b)1, F.S.

14 Valuation Cost to the donor Lodging in a private residence =$44 per night Transportation: price of comparable commercial conveyance Section 112.3148, F.S. Rule 34-13, F.A.C.

15 Gifts Involving Political Committees You and your immediate family may not solicit or accept, directly or indirectly, any “gift” from a political committee Section 112.3185, F.S.

16 Political Committee “Gift” Anything of value not primarily related to contributions, expenditures, or other political activities authorized under Chapter 106. Section 112.31485(1)(a), F.S.

17 Revolving door 2 year restriction on being paid to “represent” another person or entity before your former office Section 112.313(14), F.S.

18 Free Advice Advisory opinions (formal and informal) can be obtained by contacting the Ethics Commission.

19 Complaints/Referrals Confidential and exempt Referrals now allowed from certain agencies

20 More Information www.ethics.state.fl.us 850-488-7864


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