CEO 78-9 -- February 16, 1978

CONFLICT OF INTEREST

CONSTRUCTION INDUSTRY LICENSING BOARD MEMBER SERVING ON BOARDS OF DIRECTORS OF TWO INDUSTRY ASSOCIATIONS

To: R. R. Irwin, Member, Florida Construction Industry Licensing Board, Riviera Beach

Prepared by: Phil Claypool

SUMMARY:

Section 112.313(11), F. S. 1975 prohibits a member of a state examining or licensing board for a profession or occupation from simultaneously serving as an officer, director, or administrator of a state, county, or regional organization or association of that same profession or occupation. Accordingly, a member of the Florida Construction Industry Licensing Board is prohibited from sitting on the Board of Directors of the Associated Plumbing and Mechanical Contractors of Florida and of a local chapter of the Associated General Contractors of America.

QUESTION:

Does a prohibited conflict of interest exist where I, a member of the Construction Industry Licensing Board, also serve on the boards of directors of two industry associations?

Your question is answered in the affirmative.

In your letter of inquiry you advise that recently you were appointed to serve as a member of the Florida Construction Industry Licensing Board. In addition, you advise that you serve by appointment with no compensation on the boards of directors of two construction industry associations, Associated Plumbing and Mechanical Contractors of Florida and the Gold Coast Chapter of Associated General Contractors of America.

The Construction Industry Licensing Board is responsible for the registration and certification of all persons contracting in the state, including general contractors and mechanical contractors. Sections 468.105 and 468.109, F. S. 1975, as amended by Ch. 77-145, Laws of Florida. Under Ch. 468, F. S., as amended, the Construction Industry Licensing Board has the authority to examine, register, and certify contractors as well as the authority to conduct investigations in order to determine whether a registration or certificate should be revoked or suspended.

The Code of Ethics for Public Officers and Employees provides in relevant part:

PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD MEMBERS. -- No officer, director, or administrator of a Florida state, county, or regional professional or occupational organization or association, while holding such position, shall be eligible to serve as a member of a state examining or licensing board for the profession or occupation. [Section 112.313(11), F. S. 1975.]

Clearly, the two organizations of which you are a director are state and regional occupational associations.

Accordingly, we find that the Code of Ethics for Public Officers and Employees prohibits you from serving on the Boards of Directors of the Associated Plumbing and Mechanical Contractors of Florida and of the Gold Coast Chapter of Associated General Contractors of America while you are serving on the Florida Construction Industry Licensing Board.