Could the Florida Attorney General investigate transportation commissioners' financial interests in department contracts?

Subject

Florida Transportation Commission

Plain-English summary

In a 2008 letter about former Florida Transportation Commission appointees, the Attorney General's office described a statutory bar on commission members having an interest in a benefit awarded by the Department of Transportation during their term and for two years afterward. It did not decide whether any former appointee had violated that bar. The letter said the provision included no penalty and gave the office no power to investigate or prosecute possible violations: "no authority is extended to this office to investigate or prosecute possible violations of the statute."

The office suggested bringing the information to the state's Chief Inspector General and said the Florida Commission on Ethics might also have jurisdiction. It did not determine whether either office would take action.

Currency note

This opinion was issued in 2008. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the Attorney General decide whether former commissioners broke the conflict rule?
A: No. The letter responded to a concern about possible violations but made no finding about any appointee's conduct.

Q: What financial interests did the commission rule address in 2008?
A: The letter quoted a prohibition on a member's direct or indirect interest in a contract, franchise, privilege, or other benefit granted or awarded by the department during the appointment and for two years afterward.

Q: Could the Attorney General's office prosecute a possible violation of that provision?
A: The office said that the provision carried no penalty and gave it no authority to investigate or prosecute possible violations. It suggested the Chief Inspector General and mentioned possible Commission on Ethics jurisdiction.

Background and statutory framework

The letter described section 20.23(2) as creating and regulating the commission. It identified gubernatorial appointment and Senate confirmation of members, then quoted subsection (2)(g)'s conflict restriction. Its answer concerned the Attorney General's own authority, not the merits of the allegations.

Citations and references

• Section 20.23(2), Florida Statutes, as discussed in the 2008 letter.
• Section 20.23(2)(g), Florida Statutes, as quoted in the 2008 letter.

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/florida-transportation-commission
• Official print view: https://www.myfloridalegal.com/print/pdf/node/8265

Original opinion text

The Honorable Susan Bucher

State Representative, District 88

Florida House of Representatives

402 South Monroe Street

410 House Office Building

Tallahassee, Florida 32399-1300

Dear Representative Bucher:

Thank you for contacting the Florida Attorney General's Office regarding the possibility that several former appointees to the Florida Transportation Commission may have violated provisions of the Florida Statutes during their tenure on the commission. Attorney General McCollum has asked me to respond to your letter.

Section 20.23(2), Florida Statutes, creates and provides statutory regulation of the Florida Transportation Commission. Members of the commission are appointed by the Governor and confirmed by the Senate. Members serve a four-year term. The Legislature has enacted a provision, subparagraph (2)(g), that was apparently designed to ensure that members of the commission were not engaged in conflicts of interest. Section 20.23(2)(g), Florida Statutes, states:

"A member of the commission may not have any interest, direct or indirect, in any contract, franchise, privilege, or other benefit granted or awarded by the department during the term of his of her appointment and for 2 years after the termination of such appointment."

However, no penalty provisions are included for violations of this section and no authority is extended to this office to investigate or prosecute possible violations of the statute.

In light of the terms of section 20.23(2), Florida Statutes, and the Governor's authority to appoint these officials, it would appear that this information should be brought to the attention of the State's Chief Inspector General. In addition, the Florida Commission on Ethics may have some jurisdiction in this matter. Contact information for these offices is as follows:

Melinda Miguel

Chief Inspector General

Office of Governor Charlie Crist

State of Florida

2103 The Capitol

400 South Monroe Street

Tallahassee, Florida 32399-0001

phone: (850) 922-4637

fax: (850) 921-0817

Florida Commission on Ethics

Philip Claypool, Executive Director and General Counsel

Post Office Drawer 15709

Tallahassee, FL 32317-5709

phone: (850) 488-7864

fax: (850) 488-3077

Thank you for contacting this office to express your concerns. I trust that these suggestions will prove helpful.

Sincerely,

Gerry Hammond

Senior Assistant Attorney General

GH/t