sunEthics

Florida Commission on Ethics addresses conflict issues presented by lawyer who is employee/general counsel of county health facilities authority and principal in private law firm

    Lawyer is an employee of County Health Facilities Authority, serving as executive director/general counsel.  Lawyer also operates a private law practice.  Lawyer asked the Florida Commission on Ethics whether a prohibited conflict of interest would be created if she were to provide bond issuer's counsel services to the Authority through her private practice.

    The Commission answered in the affirmative, concluding that the arrangement would present a prohibited conflict under Fla.Stat. sec. 112.313(3) and 112.313(7)(a).  Lawyer would be an employee of a public entity who was contracting to sell services to that entity in a private capacity.  The Commission's opinion also relied on Florida Commission on Ethics Opinion 81-50.

    The Commission further opined, however, that there would not be a conflict if Lawyer performed the services for the Authority in her capacity as an Authority employee.  Florida Commission on Ethics Opinion 08-15.

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