CEO 82-15 -- March 4, 1982

CONFLICT OF INTEREST

COUNTY COMMISSIONER DONATING LAND TO COUNTY AND LEASING OR SELLING LAND TO COUNTY FRANCHISEE

To: Mr. Michael A. Rider, Glades County Attorney

SUMMARY:

No prohibited conflict of interest would be created were a county commissioner to donate a tract of land to the county to be used in conjunction with a county-owned recreation area. Although Section 112.313(3), Florida Statutes, prohibits a county commissioner from selling any realty to the county, the donation of a tract of land to the county does not constitute a sale of realty within the contemplation of this provision.

A prohibited conflict of interest would be created were a county commissioner to sell or lease a tract of land to a company which has been granted a cable television franchise by the county commission. Section 112.313(7), Florida Statutes, prohibits a county commissioner from having a contractual relationship with a business entity which is doing business with or which is subject to the regulation of the county commission. Therefore, this provision would prohibit a county commissioner from having a contractual relationship through the sale or lease or land with a cable television franchisee, as the franchisee is subject to the regulation of the county commission through the franchise agreement. CEO's 81-37 and 79-1 are referenced in this regard.

QUESTION 1:

Would a prohibited conflict of interest be created were a county commissioner to donate a tract of land to the county to be used in conjunction with a county-owned recreation area?

This question is answered in the negative.

In your letter of inquiry you advise that Ms. Margaret Van De Velde, a member of the Board of County Commissioners of Glades County, wishes to donate a tract of land to the County to be used in conjunction with a County-owned recreation area. She will not receive any payment whatsoever, you advise.

The Code of Ethics for Public Officers and Employees, in Section 112.313(3), Florida Statutes, prohibits a public officer from acting in an official capacity to purchase any realty for his agency from himself, and prohibits a public officer from acting in a private capacity to sell any realty to his agency. However, we do not find that the donation of a tract of land to the County by the subject County Commissioner would constitute sale of realty, within the contemplation of this provision.

Accordingly, we find that no prohibited conflict of interest would be created were the subject County Commissioner to donate a tract of land to the County. For your information, Section 112.3143, Florida Statutes, pertaining to voting conflicts of interest, would apply only where the matter being considered by the County Commission would inure to the benefit of a commissioner, and would not apply if there were no benefit to the Commissioner or a principal by whom she is retained.

QUESTION 2:

Would a prohibited conflict of interest be created were a county commissioner to sell or lease a tract of land to a company which has been granted a cable television franchise by the county commission?

This question is answered in the affirmative.

In your letter of inquiry you advise that in 1981 the Board of County Commissioners granted a cable television franchise to a particular company. You also advise that recently the franchisee has contacted the subject County Commissioner about the possibility of the company leasing or buying a tract of land from the County Commissioner for the purpose of erecting a cable television tower.

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

CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP. -- No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he is an officer or employee . . . ; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his private interests and the performance of his public duties or that would impede the full and faithful discharge of his public duties. [Section 112.313(7)(a), F.S.]

This provision prohibits a County Commissioner from having a contractual relationship with a business entity which is doing business with or which is subject to the regulation of the County Commission. In our opinion, a cable television franchisee is subject to the regulation of the agency which has granted the franchise. See CEO 81-37 and CEO 79-1. As the sale or lease of land would constitute a contractual relationship, the subject County Commissioner would have a contractual relationship with a business entity which is subject to the regulation of her agency.

Accordingly, we find that a prohibited conflict of interest would be created were the subject County Commissioner to sell or lease a tract of land to the cable television franchisee.