10/16/2026
Facts Matter! What is ex parte communications in politics?
An ex parte communication is any private oral or written communication about a case made to a judge, juror, or decision-maker by one party or side without the knowledge, presence, or participation of the other party. Ex parte is Latin for "on one side only".
In local government YOU, the taxpayer, are the other side. So, how does this work for elected officials at the municipal level?
In the state of Florida, the restrictions on ex parte communications regarding the awarding of public contracts are legally and universally referred to as the "Cone of Silence."
The purpose of these rules is to shield the competitive bidding process (such as RFPs, RFQs, and ITBs) from political or outside influence, ensuring fairness, integrity, and a level playing field for all competing vendors.
The standard ex parte frameworks governing elected officials and procurement in Florida operate under the following parameters:
1. The Prohibited Period
• When It Begins: Under state-level rules and most local ordinances, the Cone of Silence goes into effect the moment a competitive solicitation is officially advertised or released to the public.
• When It Ends: The restrictions remain in place until the contract is formally awarded by the governing body (e.g., the City Commission, County Commission, or School Board) or when a final ranking recommendation is officially filed. If a vendor files a formal procurement protest, the ex parte ban automatically goes back into effect until the protest is legally resolved.
2. Strict Communication Bans
During the active Cone of Silence, any private, side-bar, or ex parte communication regarding the merits of the project, bid details, or selection process is completely prohibited between:
• A potential vendor, service provider, bidder, lobbyist, or representative.
• Any elected public official (such as Mayors, City Commissioners, or County Commissioners) or their immediate office staff.
• The evaluation or selection committee members reviewing the bids.
• The professional administrative staff or agency leadership.
3. Allowed Exceptions
To ensure the procurement process can still function logistically, specific types of open, transparent communication are explicitly permitted:
• Designated Procurement Officers: Vendors are legally allowed to submit questions or technical inquiries, provided they are sent in writing directly to the assigned purchasing agent or contracting officer listed in the bidding documents. These questions and answers are then published publicly as addenda for all bidders to see.
• Public Meetings: Oral communications that take place during a duly noticed public meeting—such as a pre-bid conference, an official vendor presentation before an evaluation committee, or public comment sessions before the City Commission—are fully exempt from the ban.
• Legal Counsel: Communications with the designated City or County Attorney regarding legal mechanics are generally permitted.
4. Severe Penalties for Violations
Florida courts and local charter ordinances strictly enforce these boundaries. If a vendor or an elected official ignores or bypasses the Cone of Silence via private texts, emails, calls, or meetings:
• The vendor's proposal or bid is permanently and automatically disqualified from consideration.
• The underlying contract award can be legally voided.
• The violating individual or lobbyist can face disciplinary actions, formal ethical complaints, or financial penalties under local ethics ordinances.
I am receiving many emails and getting requests for meetings regarding a potential contract award. Please be advised I have on the cone of silence. I don’t think they realize this.
My inbox is being slammed with support emails from outside of our city. So, once again if you need me as resident, please call me!
