CEO 76-135 -- July 26, 1976






To:      (Name withheld at the person's request.)


Prepared by: Gene Rhodes




Reference is made to CEO 76-31. Florida Statute s. 112.313(3)(1975) prohibits a public officer from acting in his official capacity to purchase goods for his agency from a business entity in which he owns a material interest and from acting privately to sell goods or services to his own political subdivision or any agency thereof. Accordingly, a city councilman who is the owner of a service station is prohibited from selling gasoline to the city. As the councilman also operates said service station, the sale of gasoline to the city is further prohibited by Florida Statute s. 112.313(7), prohibiting a public officer from holding employment with a business entity which does business with his public agency.




Does a prohibited conflict of interest exist where I, a city councilman, sell gasoline to the city?


This question is answered in the affirmative.


Your letter of inquiry advises us that you are owner/operator of a Shell Oil station located in the city on whose city council you sit. The city previously made it a practice to purchase gasoline from all stations in the city. Recently, however, the city council determined by vote not to purchase gas from your station inasmuch as you are a member of the council. Please find enclosed a copy of a previous opinion of this commission, CEO 76-31, the rationale of which is equally applicable to your inquiry. Your question is answered accordingly in the affirmative.