CEO 84-18 -- March 8, 1984

CONFLICT OF INTEREST

COUNTY COMMISSIONER SELLING LAND TO STATE DEPARTMENT OF TRANSPORTATION

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

SUMMARY:

No prohibited conflict of interest would be created were a county commission to sell land to the Florida Department of Transportation for use as a borrow pit. The county commissioner would not have a conflicting contractual relationship prohibited by Section 112.313(7)(a), Florida Statutes, as the Department of Transportation is neither subject to the regulation of, nor doing business with, the county. CEO's 76-2, 76-77, 80-5 and 81-5 are referenced.

QUESTION:

Would a prohibited conflict of interest be created were a county commissioner to sell land to the Florida Department of Transportation for use as a borrow pit?

Your question is answered in the negative.

In your letter of inquiry you advise that .... a member of the Glades County Board of County Commissioners, has been approached by the Florida Department of Transportation regarding the possible purchase of a ten-acre tract of her property for use as a borrow pit. You question whether such a sale would violate the Code of Ethics for Public Officers and Employees, as the Board of County Commissioners deals regularly with the Department on various matters concerning maintenance of State and county roads.

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), Florida Statutes (1983).]

This provision prohibits a county commissioner from having a contractual relationship with an agency which is subject to the regulation of, or is doing business with, the county. Here, the Department of Transportation clearly is not subject to the regulation of the County. In addition, although the County deals with the Department regarding road maintenance, we have not considered such intergovernmental relationships to constitute "doing business" within the contemplation of this prohibition. See CEO 76-2 (Question 9), CEO 76-77, CEO 80-5, and CEO 81-5.

Section 112.313(7)(a) also prohibits a public officer from having any contractual relationship that will create a continuing or frequently recurring conflict of interest or that would impede the full and faithful discharge of public duties. Under the circumstances presented, we see no reason to believe that such a conflict of interest would be created were the Department to purchase the Commissioner's property.

Accordingly, we find that no prohibited conflict of interest would be created were the subject County Commissioner to sell property to the Florida Department of Transportation for use as a borrow pit.