CEO 82-47 -- July 1, 1982

CONFLICT OF INTEREST

STATE SENATOR USING PERSONAL PHOTOGRAPH IN FRONT OF SENATE SEAL FOR CAMPAIGN LITERATURE

To: The Honorable J. W. "Bill" Stevens, State Senator, District 29

SUMMARY:

No provision of the Code of Ethics would prohibit the use in a Senator's campaign literature of a photograph depicting him in front of the Senate Seal. As the Senate Seal is the "official seal of the Senate" pursuant to Section 11.49(1), Florida Statutes, it is suggested that the Senate Rules Committee be contacted regarding the use of the Seal.

QUESTION:

Would the Code of Ethics for Public Officers and Employees be violated were you, a State Senator, to use a photograph of yourself in front of the Senate Seal in your campaign literature?

We have examined the provisions of the Code of Ethics for Public Officers and Employees, Part III of Chapter 112, Florida Statutes, and we find no provision within the Code of Ethics which would prohibit the use in your campaign literature of a photograph depicting you in front of the Senate Seal. As the Senate Seal is the "official seal of the Senate" pursuant to Section 11.49(1), Florida Statutes, we would suggest that the propriety of using the Senate Seal lies within the discretion of the Senate. Therefore, you may wish to contact the Senate Rules Committee regarding your question.