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. 112.311

112.311 Legislative intent and declaration of policy.—

(1) It is essential to the proper conduct and operation of government that public officials be independent and impartial and that public office not be used for private gain other than the remuneration provided by law. The public interest, therefore, requires that the law protect against any conflict of interest and establish standards for the conduct of elected officials and government employees in situations where conflicts may exist.

(2) It is also essential that government attract those citizens best qualified to serve. Thus, the law against conflict of interest must be so designed as not to impede unreasonably or unnecessarily the recruitment and retention by government of those best qualified to serve. Public officials should not be denied the opportunity, available to all other citizens, to acquire and retain private economic interests except when conflicts with the responsibility of such officials to the public cannot be avoided.

(3) It is likewise essential that the people be free to seek redress of their grievances and express their opinions to all government officials on current issues and past or pending legislative and executive actions at every level of government. In order to preserve and maintain the integrity of the governmental process, it is necessary that the identity, expenditures, and activities of those persons who regularly engage in efforts to persuade public officials to take specific actions, either by direct communication with such officials or by solicitation of others to engage in such efforts, be regularly disclosed to the people.

(4) It is the intent of this act to implement these objectives of protecting the integrity of government and of facilitating the recruitment and retention of qualified personnel by prescribing restrictions against conflicts of interest without creating unnecessary barriers to public service.

(5) It is hereby declared to be the policy of the state that no officer or employee of a state agency or of a county, city, or other political subdivision of the state, and no member of the Legislature or legislative employee, shall have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or incur any obligation of any nature which is in substantial conflict with the proper discharge of his or her duties in the public interest. To implement this policy and strengthen the faith and confidence of the people of the state in their government, there is enacted a code of ethics setting forth standards of conduct required of state, county, and city officers and employees, and of officers and employees of other political subdivisions of the state, in the performance of their official duties. It is the intent of the Legislature that this code shall serve not only as a guide for the official conduct of public servants in this state, but also as a basis for discipline of those who violate the provisions of this part.

(6) It is declared to be the policy of the state that public officers and employees, state and local, are agents of the people and hold their positions for the benefit of the public. They are bound to uphold the Constitution of the United States and the State Constitution and to perform efficiently and faithfully their duties under the laws of the federal, state, and local governments. Such officers and employees are bound to observe, in their official acts, the highest standards of ethics consistent with this code and the advisory opinions rendered with respect hereto regardless of personal considerations, recognizing that promoting the public interest and maintaining the respect of the people in their government must be of foremost concern.

History.—s. 1, ch. 67-469; s. 1, ch. 69-335; s. 1, ch. 74-177; s. 2, ch. 75-208; s. 698, ch. 95-147.

F.S. 112.311 on Google Scholar

F.S. 112.311 on Casetext

Amendments to 112.311

Arrestable Offenses / Crimes under Fla. Stat. 112.311

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.311.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . 838.016(1) is the fact that the phrase “not authorized, by law” refers to state ethics law, section 112.311 . . .

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

. . . . § 112.311(6), Fla. Stat. (2006). . . .

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

. . . See §§ 112.311-.326, Fla. Stat. (2000). . . .

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

. . . We begin our analysis by noting that our legislature recognized, in section 112.311, that the conflict . . .

STATE FLORIDA COMMISSION ON ETHICS, v., 833 So. 2d 299 (Fla. Dist. Ct. App. 2002)

. . . private client during any relevant time periods, should Respondent be found in violation of section 112.311 . . .

DEPARTMENT OF REVENUE, v. NOVOA,, 745 So. 2d 378 (Fla. Dist. Ct. App. 1999)

. . . Section 112.311(5), Florida Statutes prohibits state employees from engaging in any off-duty employment . . . conflict, but even so it would support only a conclusion that the activity was not prohibited by section 112.311 . . .

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

. . . from a vote is prohibited unless “there is, or appears to be, a possible conflict of interest under § 112.311 . . .

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

. . . In particular, section 112.311(2), Florida Statutes (1991), provides that it is essential that government . . . In a similar vein, section 112.311(4), Florida Statutes (1991), makes clear that the act was intended . . .

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

. . . chapter 112, entitled “Code of Ethics for Public Officers and Employees,” is comprised of sections 112.311 . . . The legislative intent and declaration of policy set forth in section 112.311 states: (1) It is essential . . . Section 112.311(5) specifically refers to the code of ethics enacted in this part to implement the policy . . . The statement of intent and policy in section 112.311(4) makes it clear that the ethics code is to be . . .

CHAVEZ, v. CITY OF TAMPA,, 560 So. 2d 1214 (Fla. Dist. Ct. App. 1990)

. . . Section 112.311(1), Fla.Stat. (1985). The appellant has not avoided that conflict. . . .

S. E. L. MADURO FLORIDA INC. v. M V SANTA LUCIA, In B. V. In, 116 F.R.D. 289 (D. Mass. 1987)

. . . See Title X, Florida Statutes Annotated § 112.311 and Title 7, Annotated California Codes, Chapter 1, . . .

BARR v. STATE, 507 So. 2d 175 (Fla. Dist. Ct. App. 1987)

. . . Employees is to ensure that government officials discharge their fiduciary duties owed to the public); § 112.311 . . .

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

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

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

. . . We find nothing in the legislative policy evinced by Sections 112.311 and 112.316, Florida Statutes ( . . . . § 112.311(4), Fla.Stat. (1979), provides as follows: (4) It is the intent of this act to implement . . .

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

. . . Section 112.311(2) Florida Statutes states: Thus, the law against conflict of interest must be so designed . . . Indeed, this is precisely what the Legislature intended as can be seen from Section 112.311(5), Florida . . .

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

. . . any such member, there is or appears to be a possible conflict of interest under the provisions of § 112.311 . . .

A. PLANTE v. GONZALEZ, C. THOMAS, v. GONZALEZ,, 575 F.2d 1119 (5th Cir. 1978)

. . . . § 112.311, et seq. (West 1978 Supp.)). . . .

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

. . . See Section 112.311, Florida Statutes (1975). . . .

A. GOLDTRAP, Jr. v. O D. ASKEW,, 334 So. 2d 20 (Fla. 1976)

. . . Section 112.311(5), Fla.Stat. (Supp.1974). . Fritz v. . . .

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

. . . construction commensurate with the express legislative intent and declaration of policy set forth in § 112.311 . . .

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

. . . findings of fact, this court comes to the following legal conclusions— The Standards of Conduct Law, §112.311 . . . The defendants amended their answer to state that §112.311, §112.313 (3), and §112.314(1) are unconstitutional . . .