CEO 80-9 -- January 17, 1980

CONFLICT OF INTEREST

RELATIVES OF DEPUTY SHERIFF OWNING BAIL BOND BUSINESS

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

Prepared by: Phil Claypool

SUMMARY:

There is no provision of the Code of Ethics for Public Officers and Employees which would be violated were the parents-in-law of a deputy sheriff to own a bail bond business which operates within the deputy's jurisdiction and which employs the deputy's wife. Reference is made to CEO's 77-3, 77-97, and 77-172 in this regard. However, attention is directed to s. 648.44(1)(b) and (3)(d), F. S., which prohibits a bail bondsman from soliciting business in or about any place where prisoners are confined and prohibits deputy sheriffs from being bail bondsmen or runners and from directly or indirectly receiving any benefit from the execution of any bail bonds.

QUESTION:

Does a prohibited conflict of interest exist when the parents-in-law of a deputy sheriff own a bail bond business which operates within his jurisdiction and by which his wife is employed?

Your question is answered in the negative.

In your letter of inquiry you advise that the father-in-law and mother-in-law of . . . . are in the bail bond business in Monroe County, writing bail bonds for persons who have been arrested. You further advise that they bail arrested persons out of the substation of the sheriff's office which is managed by the deputy, as well as out of the other two offices of the sheriff. At the present time, you advise, the deputy's wife is the office manager for the bonding company and has posted bonds at the substation on a few occasions. You write that this is the only bail bond company with a local office in the Upper Keys. Finally, you advise that the subject deputy has no interest in the bail bond company and does not work for the company.

There is no provision of the Code of Ethics for Public Officers and Employees which would prohibit the situation you have described. See CEO's 77-3, 77-97, and 77-172. Accordingly, we find that no prohibited conflict of interest exists when the parents-in-law of a deputy sheriff own a bail bond business which employs his wife.

For your information, we wish to observe that the law regarding the licensing and registration of bail bondsmen prohibits a bail bondsman from soliciting business in or about any place where prisoners are confined. That law also prohibits deputy sheriffs from being bail bondsmen or runners and from directly or indirectly receiving any benefit from the execution of any bail bonds. See s. 648.44(1)(b) and (3)(d), F. S. As these provisions are not within the Code of Ethics for Public Officers and Employees, we have no authority to render an opinion as to their applicability to the situation about which you inquire. Any inquiry you may wish to make regarding such provision should be directed to the Attorney General.