CEO 84-10 -- January 26, 1984
CONFLICT OF INTEREST
STATE REPRESENTATIVE SELLING FILL DIRT TO INDIVIDUAL CONTRACTING WITH STATE AND LOCAL GOVERNMENTS
To: The Honorable Carl Carpenter, Jr., State Representative, District 61
No prohibited conflict of interest would be created were a State Representative to sell fill dirt to an individual who has contracted, and will seek to contract, with State and local governments for construction projects. CEO's 83-13, 82-35, 82-33, 81-24, and 78-39 are referenced.
Would a prohibited conflict of interest be created were you, a State Representative, to sell fill dirt to an individual who has contracted, and will seek to contract, with state and local governments for construction projects?
Your question is answered in the negative.
In your letter of inquiry you advise that you are a member of the House of Representatives and that you recently entered into a contractual relationship involving the excavation and sale of dirt from a "borrow pit" located on property which you own. You also advise that the party with whom you have contracted in the past has been awarded construction contracts by State and local governments. You anticipate that he will seek more public construction contracts in the future, so materials from the "borrow pit" may be used on a State construction project.
In a number of opinions we have advised that similar situations would not violate the Code of Ethics for Public Officers and Employees. See CEO 83-13 (State Representative employed by engineering firm providing professional services to county governments); CEO 82-35 (State Senator's corporation subcontracting with association of county commissioners or league of cities); CEO 82-33 (State Representative employed by county doing business with Florida Housing Finance Agency); CEO 81-24 (State Senator owner of company providing services to State hospital and to hospital employees); and CEO 78-39 (State Representative part owner, officer, and director of corporation performing construction work for the State).
Accordingly, we find that no prohibited conflict of interest would be created were you to engage in this business endeavor with an individual who may contract with State and local governments for public construction.