CEO 75-41 -- March 5, 1975

CONTRACTS BY BID

PROPRIETY OF TOWN COUNCILMAN BIDDING ON TOWN CONTRACT

To: Jerry Cozart, Councilman, Mexico Beach

Prepared by: Gene L. "Hal" Johnson

SUMMARY:

Reference is made to CEO 75-7. A contract may be awarded to a public officer's business entity by the agency of which he is an officer so long as it is awarded as a result of properly followed competitive bidding procedures. Section 112.313(2), F. S., as amended by Ch. 74-177, Laws of Florida. However, criminal statutes, ss. 839.07 and 839.10, exist which prohibit a public officer from bidding on public works. Since these statutes are outside the scope of the commission's jurisdiction, Mr. Cozart should seek an advisory opinion from the Attorney General as to the current applicability of these laws.

QUESTION:

Am I, due to my status as councilman in the Town of Mexico Beach, prohibited from bidding on a contract to be awarded by the town council involving rental of equipment for use by the town road department?

Please find enclosed a copy of a previous opinion issued by this commission, CEO 75-7, wherein we advised that a contract may be awarded to a public officer's business entity by the agency of which he is an officer so long as it is awarded as a result of properly followed competitive bidding procedures. See s. 112.313(2), F. S., as amended by Ch. 74-177, Laws of Florida.

Although we find no conflict of interest which would be prohibited by part III, Chapter 112, F. S., the Code of Ethics for Public Officers and Employees, it appears that a contract for a public work such as the one you have described may be prohibited under the criminal provisions cited in your letter of inquiry, i.e., ss. 839.07 and 839.10, F. S. 1973. These statutes, being outside of the Code of Ethics, are not within the purview of our advisory jurisdiction. See s. 112.322(3)(a), F. S., as amended by Ch. 74-176, Laws of Florida. You therefore may wish to seek an advisory opinion from the Attorney General as to the current status of these provisions in light of the revision of part III, Ch. 112, by the 1974 Legislature.