CopyCited 35 times | Published | Supreme Court of Florida
..., and a vote shall be recorded or counted for each such member present, except when, with respect to any such member, there is or appears to be a possible conflict of interest under the provisions of §
112.311, §
112.313, § 112.314, § 112.315 or §
112.316....
CopyCited 11 times | Published | Supreme Court of Florida
..., and a vote shall be recorded or counted for each such member present, except when, with respect to any such member, there is or appears to be a possible conflict of interest under the provisions of §
112.311, §
112.313, § 112.314, § 112.315 or §
112.316....
..."The Court further finds no evidence that this defendant's rights to equal protection of the laws under either the Florida or U.S. Constitution have been violated by any of the sections of the statute." In this order of dismissal, the trial court determined, inter alia, that F.S. 112.314 must be considered together with F.S. 112.316, and in so doing the indictment is defective in failing to allege that defendant's conduct interfered with the full and faithful discharge of his duty to the City of Pinellas Park. Appellant-State also appeals this order of the trial court and urges that the trial court erred in holding the statute unconstitutional. Florida Statutes 112.316 provides: "Construction....
...to allege that appellee's conduct interfered with the full and faithful discharge of his duty to the City of Pinellas Park. Appellant asserts that the purpose of an indictment is to fairly apprise the defendant of the charge and that to interpret F.S. 112.316 as requiring an indictment to state that the actions forbidden in F.S. 112.314 also must be stated as interfering with the full and faithful disclosure of his duty is distorting the intent of F.S. 112.316....
...112.314 is neither vague nor impossible for a person of reasonable intelligence to understand, that the language of this statutory provision is sufficiently explicit to inform persons subject to its provisions what conduct will render them liable to its penalties. Appellee responds that F.S. 112.316 must be read together with 112.314 in determining the proscribed conduct and that 112.316 adds an essential element of conduct to be alleged and proved....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
...However, it is also the express legislative intent that the Standards of Conduct Law not prevent an officer or employee of a political subdivision from accepting other employment which does not interfere with the full and faithful discharge of his public duties. Section 112.316 , F.S....
CopyPublished | Florida 5th District Court of Appeal | 2002 WL 10067
...In this case, the City appealed an order of the circuit court, not the commission. There is no evidence in the record showing that the City filed a complaint with the commission or that the commission took action on a complaint. Thus, we decline to address this issue, except to note that section 112.316, Florida Statutes, states: It is not the intent of this part, nor shall it be construed, to prevent any officer or employee of a state agency or county, city, or other political subdivision of the state or any legislator or legislativ...
...The City cites Commission on Ethics Opinion 89-1 for the proposition that the Commission "has recognized the potential conflict of interest for public employees who seek patents for inventions for the government employers." While this may be true, the opinion cites section 112.316, Florida Statutes, for the proposition that "the Code of Ethics should not be interpreted to deprive [an employee] of legal rights ......
