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State Commission Ethics Hotline
(850) 488-7864 |
Frequently Asked Questions
What Agency is repsonsible for Florida Ethics?
Article II, Section 8. Ethics in government. – A public office is a public trust. The people shall have the right to secure and sustain that trust against abuse. To assure this right: (f) There shall be an independent commission to conduct investigations and make public reports on all complaints concerning breach of public trust by public officers or employees not within the jurisdiction of the judicial qualifications commission.
Nine (9) non-paid members, balanced by political party.
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Five (5) appointed by Governor
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Two (2) appointed by Senate President
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Two (2) appointed by House Speaker
Complaints:
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Are confidential, unless confidentiality is waived in writing, up to the time when the complaint is dismissed or probable cause is found.
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First stage: legal sufficiency review of complaint.
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Second stage: preliminary investigation to decide where there is “probably cause” to believe that there is a violation.
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Third stage: hearing (or stipulated settlement) to determine whether there was a violation and what penalty should be recommended.
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Appeal to District Court of Appeal.
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Penalty imposition.
Opinions:
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“Formal” opinions adopted by the Commission
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“Informal” opinions – written advice from Commission staff based on plain language of the law and on precedent decisions by the Commission.
Financial Disclosure and Executive Branch Lobbyist Responsibilities:
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Manage financial disclosure requirements for about 37,000 public officers and employees statewide, pursuant to Sections 112.3144 and 112.3145, Florida Statutes, and Art. II, Sec. 8, Florida Constitution. Primarily through the Commission’s website. Four employees. $25/day fines for late annual filings, up to $1,500.
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Manage the Executive Branch lobbyist registration and reporting system (Legislative Branch lobbyists are subject to the Legislature’s program, which is virtually identical). Must register prior to lobbying (only for policy or procurement). Lobbying firms must report the compensation they receive from their clients, quarterly. One and one-half employees. $50/day fines for late filings, up to $5,000.
Is There a Code of Ethics for Public Officers & Employees?
Yes. [Chapter 112 (Part III), Fl Statutes]
What Are the Goals of the Code of Ethics?
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Maintain respect of people in government
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Ensure duties are performed impartially
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Prevent use of office for private gain
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Avoid unnecessary barriers to public service.
What Are the Additional Standards for the Code of Ethics?
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Additional or more stringent ethical standards can be adopted by local government
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Cannot conflict with State law
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Must be enforced locally.
What Are the Two (2) Types of Provisions in the Ethics?
Prohibitions:
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Gifts
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Misuse of position & “Inside” information
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Doing business with one’s agency
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Conflicting contracts & employment
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Nepotism
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Voting Conflicts
Disclosure Requirements:
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Financial Interests
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Clients
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Gifts
What Forms are used for Disclosure Requirements?
Financial Interests:
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Form 1, Form 1F, Form 1X
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Form 6, Form 6F, Form 6X
Client Disclosure:
Gifts:
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Form 9 (Filed by Recipient)
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Form 10 (Filed by recipient)
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Form 30 (Filed by Donor)
What are the Penalties for Failure to File Disclosures?
$25 fine for each day late, up to $1,500
What is included in the Gift Law at a Glance?
Standards Since 1974:
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Don’t accept if based on understanding that official duties will be influenced.
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Don’t accept if you know, or with exercise of reasonable care should know, it’s given to influence discharge of duties.
1990: Legislature revamped the law, to limit gifts from “lobbyists”(and a few others)
(And then applied the law to all financial disclosure filers)
May not solicit gifts from lobbyists (and a few others)
May not accept, directly or indirectly, gifts worth more than $100 from lobbyists (and a few others)
Must accept gifts of any value from relatives, and need not report them.
Who does the Voting Conflicts Law Apply To?
“Public Officers,” that is, persons elected or appointed to hold office in an agency, including persons serving on an advisory board.
Local elected or appointed officers are prohibited from voting on the conflicting measure, must disclose the conflict orally before the vote, and must file a memorandum (Form 8B) within 15 days.
If appointed, the officer cannot participate in the matter without making the disclosure prior to participating.
When does the Voting Conflict Occur?
A voting conflict arises when the official is called upon to vote on a measure which would inure to the official’s special private gain or loss - OR - he or she knows would inure to the special private gain or loss of:
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A principal by whom he/she is retained
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The parent organization or subsidiary of a corporate principal
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A business associate
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A relative
What is “Special” Private Gain (or loss)?
Three aspects:
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Remote or speculative
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Preliminary or procedural
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Size of the affected class (is it “special”?)
What Exceptions Apply to Voting Conflicts?
If the principal retaining you is a public agency, you are not prohibited from voting on a measure that benefits that agency and are not required to make any specific disclosures.
What Conflicts are Prohibited?
Restricts sales, rentals, and leases between one’s (or one’s spouse’s or child’s) business and one’s public agency or political subdivision.
Has exemptions, including exemptions listed in
FS 112.313(12) (sealed bids, for example).
A public officer or employee is prohibited from having employment, or a contractual relationship, with a business entity (or an agency) that is:
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Doing business with his or her agency, OR
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Subject to the regulation of his or her agency.
AND cannot have employment or a contractual relationship that would:
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Create a continuing or frequently recurring conflict of interest OR
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Impede the full and faithful discharge of public duties.
Mirrors, but is broader than, the doing business with one’s agency prohibition.
Also has exemptions listed in FS 112.313(12) (competitive bid, “retail” purchases).
Additional exemption for employment by an elected official with a tax-exempt entity.
What are the Conflicting Contractual Interests when doing business with one’s agency?
Despite the exemptions in the Code of Ethics, s.1001.42(12)(i), F.S., prohibits school board members and superintendents from contracting to supply materials, supplies, or services to the school district, and from having any financial interest whatsoever in a business that is contracting to supply materials, supplies, or services to the district.
What Constitutes Misuse of a Public Position?
Don’t corruptly use your public position or resources to get a special privilege.
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Requires wrongful intent
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Requires intentional conduct to benefit self or someone else.
What is Disclosure of Information?
Don’t use or disclose information gained from public position and not available to the public to benefit yourself or another.
What are the Ethic Laws regarding Nepotism?
A public official may not:
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Appoint, employ, promote, or advance, or advocate for the appointment, employment, promotion, or advancement in or to a position over which he/she exercises jurisdiction or control.
The anti-nepotism law in the Code of Ethics does not apply to a district school board.
However, s.1012.23(2) prohibits a district school board member from employing or appointing a relative (as defined in the Code of Ethics’ prohibition) to work under the direct supervision of that board member.
What are the Revolving Door / Post-Office-Holding Restrictions?
FS 112.313(14) – local government level
Applies to persons elected to a school district office
Lasts for two (2) years after leaving public position
Prohibits “representation” before one’s former “agency” (the school district)
Requires personal representation for compensation – is not vicarious to other members of one’s private firm.
What are the laws regarding Employees Holding Office?
FS 112.313(10)
Different than Florida Constitution dual office holding
School Board member should not be employed by the school district
But may take leave of absence as teacher to serve on school board.
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