CEO 81-30 -- May 14, 1981

CONFLICT OF INTEREST

STATE LICENSING BOARD MEMBER SERVING ON COMMITTEES OF STATE AND LOCAL PROFESSIONAL ASSOCIATIONS

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

SUMMARY:

No prohibited conflict of interest would be created were a member of the Florida Board of Real Estate to serve as a member of several committees of the Florida Association of Realtors and of a local board of realtors. Section 112.313(11), F. S., prohibits a member of a professional licensing board from serving as an officer, director, or administrator of a state or local association of members of that profession. However, the provision does not address or prohibit membership on an association committee that would be subordinate to the board of directors of that association.

QUESTION:

Would a prohibited conflict of interest be created were you to serve as a member of the Florida Board of Real Estate while serving as a member of several committees of the Florida Association of Realtors and of a local board of realtors?

Your question is answered in the negative.

In your letter of inquiry you advise that you have been nominated by the Governor to serve on the Florida Board of Real Estate and that you have resigned your positions as Director of the Florida Association of Realtors and of the Orlando-Winter Park Board of Realtors effective the date of your nomination by the Governor. You question whether you may continue to serve as a member of the Policy Committee, Long Range Planning Committee, and the Multiple Listing Committee of the Florida Association of Realtors, as well as a member of the Policy Committee and Budget and Finance Committee of the Orlando-Winter Park Board of Realtors. In a telephone conversation with our staff, you advised that your service on these committees is without compensation and that, if an issue arises in any of these committees which might impact on the State Board of Real Estate, you will decline participation in the matter.

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. (1979).]

This provision prohibits a member of the Florida Board of Real Estate from serving as an officer, director, or administrator of a state or local association of realtors. However, the provision does not address membership on a committee of such an association that would be subordinate to the Board of Directors of that association.

Accordingly, we find that you are in compliance with the Code of Ethics for Public Officers and Employees by your resignation from the Board of Directors of the Florida Association of Realtors and the Orlando-Winter Park Board of Realtors, and that no prohibited conflict of interest would be created by your continued service on the above-referenced committees of these associations.