Bill Text: FL S0098 | 2011 | Regular Session | Introduced

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Bill Title: Local Government Attorneys

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-12-06 - Withdrawn from Community Affairs; Judiciary; Governmental Oversight and Accountability [S0098 Detail]

Download: Florida-2011-S0098-Introduced.html

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       Florida Senate - 2011                                      SB 98
       
       
       
       By Senator Ring
       
       
       
       
       32-00109-11                                             201198__
    1                        A bill to be entitled                      
    2         An act relating to local government attorneys;
    3         amending s. 112.313, F.S.; prohibiting a local
    4         government attorney or the law firm in which the
    5         attorney is a member, partner, or employee from
    6         representing more than one local government within a
    7         county with respect to certain matters; providing an
    8         effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (16) of section 112.313, Florida
   13  Statutes, is amended to read:
   14         112.313 Standards of conduct for public officers, employees
   15  of agencies, and local government attorneys.—
   16         (16) LOCAL GOVERNMENT ATTORNEYS.—
   17         (a) For the purposes of this section, “local government
   18  attorney” means any individual who routinely serves as the
   19  attorney for a unit of local government. The term does shall not
   20  include any person who renders legal services to a unit of local
   21  government pursuant to contract limited to a specific issue or
   22  subject, to specific litigation, or to a specific administrative
   23  proceeding. For the purposes of this section, “unit of local
   24  government” includes, but is not limited to, municipalities,
   25  counties, and special districts.
   26         (b) It is shall not constitute a violation of subsection
   27  (3) or subsection (7) for a unit of local government to contract
   28  with a law firm, operating as either a partnership or a
   29  professional association, or in any combination thereof, or with
   30  a local government attorney who is a member of or is otherwise
   31  associated with the law firm, to provide any or all legal
   32  services to the unit of local government, so long as the local
   33  government attorney is not a full-time employee or member of the
   34  governing body of the unit of local government. However, the
   35  standards of conduct as provided in subsections (2), (4), (5),
   36  (6), and (8) shall apply to any person who serves as a local
   37  government attorney.
   38         (c) A No local government attorney or law firm in which the
   39  local government attorney is a member, partner, or employee may
   40  not shall represent a private individual or entity before the
   41  unit of local government to which the local government attorney
   42  provides legal services. A local government attorney whose
   43  contract with the unit of local government does not include
   44  provisions that authorize or mandate the use of the law firm of
   45  the local government attorney to complete legal services for the
   46  unit of local government may shall not recommend or otherwise
   47  refer legal work to that attorney’s law firm to be completed for
   48  the unit of local government.
   49         (d) A local government attorney or law firm in which the
   50  local government attorney is a member, partner, or employee may
   51  not represent more than one local government within a county
   52  with respect to the same zoning or planning matter or related
   53  matters.
   54         Section 2. This act shall take effect July 1, 2011.