CEO 77-67 -- April 21, 1977

CONFLICT OF INTEREST

STATE SENATOR LEASING PROPERTY TO COUNTY

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

Prepared by: Bonnie Johnson

QUESTION:

Would a prohibited conflict of interest be created were I, a state senator, to lease property in which I have a substantial interest to a county for county office space?

Your question is answered in the negative.

You advise in your letter of inquiry that you own a substantial interest in an office building located in downtown Tampa. Your plans are to lease a portion of the building to Hillsborough County, to be used as county office space. In an abundance of caution, however, you seek our advice as to any possible ethical considerations.

Enclosed please find a copy of a recent opinion of this commission, CEO 77-13, the rationale of which is equally applicable to your inquiry inasmuch as, pursuant to the definition of "agency" contained in s. 112.312(2), F. S. (1976 Supp.), the county constitutes an agency separate and distinct from your agency, the Florida Legislature. Your question is answered accordingly in the negative.