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The Florida Statutes

The 2019 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION
Chapter 348
EXPRESSWAY AND BRIDGE AUTHORITIES
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F.S. 348.0305
348.0305 Ethics requirements.
(1) Notwithstanding any other provision of law to the contrary, members and employees of the agency are subject to part III of chapter 112. As used in this section, the term:
(a) “Agency” means the Greater Miami Expressway Agency.
(b) “Lobby” means to seek to influence the agency, on behalf of another person, with respect to a decision of the agency in an area of policy or procurement or to attempt to obtain the goodwill of an officer, employee, or consultant of the agency. The term does not include representing a client in any stage of applying for or seeking approval of any administrative action, or opposition to such action, provided such action does not require legislative discretion and is subject to judicial review by petitioning for writ of certiorari.
(c) “Lobbyist” means a person who is employed and receives payment, or who contracts for economic consideration, to lobby or a person who is principally employed for governmental affairs by another person or entity to lobby on behalf of such person or entity. The term does not include a person who:
1. Represents a client in a judicial proceeding or in a formal administrative proceeding before the agency.
2. Is an officer or employee of any governmental entity acting in the normal course of his or her duties.
3. Consults under contract with the agency and communicates with the agency regarding issues related to the scope of services in his or her contract.
4. Is an expert witness who is retained or employed by an employer, principal, or client to provide only scientific, technical, or other specialized information provided in agenda materials or testimony only in public hearings, provided the expert identifies such employer, principal, or client at such hearing.
5. Seeks to procure a contract that is less than $20,000 or a contract pursuant s. 287.056.
(d) “Officer” means a member of the governing body of the agency.
(e) “Principal” has the same meaning as in s. 112.3215.
(f) “Relative” has the same meaning as in s. 112.312.
(2)(a) A lobbyist may not be appointed or serve as a member of the governing body of the agency.
(b) A person may not be appointed or serve as an officer if that person currently represents or has in the previous 4 years lobbied the agency or the former Miami-Dade County Expressway Authority.
(c) A person may not be appointed or serve as an officer if that person has in the previous 4 years done business, or been an employee of a person or entity that has done business, with the agency or the former Miami-Dade County Expressway Authority.
(d) A person may not be appointed or serve as an officer if that person has in the previous 2 years been an employee of the agency.
(3) An officer, employee, or consultant of the agency or of the former Miami-Dade County Expressway Authority may not, for a period of 4 years after vacation of his or her position with the agency:
(a) Lobby the agency.
(b) Have an employment or contractual relationship with a business entity in connection with a contract in which the officer, employee, or consultant personally and substantially participated through decision, approval, disapproval, recommendation, rendering of advice, or investigation while he or she was an officer, employee, or consultant of the agency. When an agency employee’s position is eliminated and his or her former duties are performed by the business entity, this paragraph does not prohibit him or her from employment or a contractual relationship with the business entity if the employee’s participation in the contract was limited to recommendation, rendering of advice, or investigation and if the executive director of the agency determines that the best interests of the agency will be served thereby and provides prior written approval for the particular employee.
(c) Have or hold any employment or contractual relationship with a business entity in connection with any contract for contractual services which was within his or her responsibility while an officer, employee, or consultant. If an agency employee’s position is eliminated and his or her former duties are performed by the business entity, this paragraph may be waived by the executive director of the agency through prior written approval for the particular employee if the executive director determines that the best interests of the agency will be served thereby.
(4) Each officer, employee, and consultant of the agency must promptly disclose:
(a) Every relationship that may create a conflict between his or her private interests and the performance of his or her duties to the agency or that would impede the full and faithful discharge of his or her duties to the agency.
(b) Any relative and any employment or contractual relationship of such relative which, if held by the officer, employee, or consultant, would violate any provision of s. 112.313.
(c) Any relative who is a lobbyist and such lobbyist’s principal.
(d) Any direct or indirect interest in real property and such interest of any relative if such property is located within one-half mile of any actual or prospective agency project. The executive director of the agency shall provide a corridor map and a property ownership list reflecting the ownership of all real property within the disclosure area, or an alignment map with a list of associated owners, to all officers, employees, and consultants.
(5) The disclosures required under subsection (4) must be filed with the agency general counsel in the manner specified by the general counsel. When the disclosure is filed by the general counsel, a copy must be provided to the executive director of the agency.
(6) A violation of this section shall be considered a violation of the violator’s official, employment, or contractual duties to the agency.
(7) Officers, employees, and consultants of the agency shall be adequately informed and trained on the provisions of this section and the state code of ethics and shall receive ongoing ethics training.
(8) The state code of ethics shall apply to officers, employees, and consultants of the agency, and this section shall be enforced by the Commission on Ethics as part of the state code of ethics.
(9) For purposes of this section, “consultant” does not include firms or individuals retained by the agency to provide architectural, engineering, landscape architecture, or registered surveying and mapping services as described in s. 287.055.
History.s. 14, ch. 2019-169.