CEO 90-60 -- September 7, 1990

CONFLICT OF INTEREST

BAIL BOND REGULATORY BOARD MEMBER SERVING

AS OFFICER OF STATE BAIL BOND ASSOCIATION

To: Mr. Wayne H. Spath, Member, Bail Bond Regulatory Board (Ft. Lauderdale)

SUMMARY:

No prohibited conflict of interest would be created were a member of the State Bail Bond Regulatory Board to serve as an officer of the state bail bond association after October 1, 1990. Section 112.313(11), Florida Statutes, prohibits a member of a State examining or licensing board for a profession from serving as an officer of a State professional or occupational organization or association. However, due to legislative changes effective on October 1, 1990, the Bail Bond Regulatory Board no longer will have any examining or licensing authority over bail bondsmen.

QUESTION:

Would a prohibited conflict of interest be created were you, a member of the State Bail Bond Regulatory Board, to serve as an officer of the State Bail Bond Association after October 1, 1990?

Your question is answered in the negative.

In your letter of inquiry, you advise that you serve as a member of the Florida Bail Bond Regulatory Board, having been appointed by the Insurance Commissioner to represent the bonding industry. You also advise that the function of the Board was changed during the last legislative session to that of an advisory council, as of October 1, 1990. You question whether you may serve as an officer of the State Bail Bond Association after that date.

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), Florida Statutes.]

By its terms, this prohibition applies only to members of State examining or licensing boards.

In a previous opinion, CEO 84-117, we advised that a member of the Bail Bond Regulatory Board could not serve as president of the Florida Surety Agents Association, finding that the Board exercised sufficient authority in the licensing of bondsmen to be considered an examining board for purposes of the above prohibition. However, under Chapter 90-131, Laws of Florida, effective October 1, 1990, this no longer will be the case. That Chapter converts the Regulatory Board into the Bail Bond Advisory Council and repeals not only the Board's authority to approve application forms, certification courses, bondsmen examinations, and minimum performance levels for examinations, but also the Board's authority in disciplinary proceedings.

Accordingly, we find that no prohibited conflict of interest would be created were you to serve as a member of the State Bail Bond Regulatory Board and as an officer of the State bail bond association after October 1, 1990.