Florida Senate - 2011 SB 86 By Senator Dockery 15-00184-11 201186__ 1 A bill to be entitled 2 An act relating to voting conflicts; providing a short 3 title; amending s. 112.3143, F.S.; providing an 4 exception to provisions relating to voting conflicts, 5 to conform to changes made by the act; creating s. 6 112.31435, F.S.; providing definitions; prohibiting a 7 member of the Legislature from voting upon or 8 participating in any legislation inuring to the 9 personal gain or loss of the member or his or her 10 relative; prohibiting a member of the Legislature from 11 participating in any legislation inuring to the 12 personal gain or loss of a business associate, 13 employer, board on which the member sits, principal by 14 whom the member is retained, or parent corporation or 15 subsidiary of such principal; requiring that a member 16 disclose all such interests to the applicable 17 legislative body or committee before such legislation 18 is considered; requiring that the member disclose the 19 specific nature of any such interests within a 20 specified period after the date on which a vote on the 21 legislation occurs; requiring that such disclosure be 22 made by written memorandum and filed with the 23 Secretary of the Senate or the Clerk of the House of 24 Representatives; requiring that the memorandum be 25 recorded in the journal of the house of which the 26 legislator is a member; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. This act may be cited as the “Restoring Trust in 31 Government Act.” 32 Section 2. Subsection (2) of section 112.3143, Florida 33 Statutes, is amended to read: 34 112.3143 Voting conflicts.— 35 (2) Except as provided in s. 112.31435, no state public 36 officer is prohibited from voting in an official capacity on any 37 matter. However, any state public officer voting in an official 38 capacity upon any measure thatwhichwould inure to the 39 officer’s special private gain or loss; thatwhichhe or she 40 knows would inure to the special private gain or loss of any 41 principal by whom the officer is retained or to the parent 42 organization or subsidiary of a corporate principal by which the 43 officer is retained; or thatwhichthe officer knows would inure 44 to the special private gain or loss of a relative or business 45 associate of the public officer shall, within 15 days after the 46 vote occurs, disclose the nature of his or her interest as a 47 public record in a memorandum filed with the person responsible 48 for recording the minutes of the meeting, who shall incorporate 49 the memorandum in the minutes. 50 Section 3. Section 112.31435, Florida Statutes, is created 51 to read: 52 112.31435 Voting conflicts; state legislators.— 53 (1) As used in this section, the term: 54 (a) “Participate” means any attempt, other than casting a 55 vote, to influence the passage, defeat, or amendment of 56 legislation by oral or written communication made by a 57 legislator or at such legislator’s direction. 58 (b) “Relative” means any father, mother, son, daughter, 59 husband, wife, brother, sister, father-in-law, mother-in-law, 60 son-in-law, or daughter-in-law. 61 (2) A member of the Legislature may not vote upon or 62 participate in any legislation that would inure to his or her 63 special private gain or loss or that he or she knows would inure 64 to the special private gain or loss of his or her relative. The 65 member must, before any consideration of the legislation by the 66 legislative body of which he or she is a member or any committee 67 on which the member sits, publicly state to the body or 68 committee all of his or her interests in the legislation or all 69 of the relative’s interests in the legislation which are known 70 to the member and, within 15 days after the date on which a vote 71 on the legislation occurs, disclose the specific nature of those 72 interests as a public record in a memorandum filed with the 73 Secretary of the Senate, if the member is a Senator, or filed 74 with the Clerk of the House of Representatives, if the member is 75 a Representative. The memorandum shall be spread upon the pages 76 of the journal of the house of which the legislator is a member. 77 (3) A member of the Legislature may not participate in any 78 legislation that he or she knows would inure to the special 79 private gain or loss of a principal by whom he or she is 80 retained, the parent organization or subsidiary of a corporate 81 principal by which he or she is retained, a business associate, 82 an employer, or a board upon which the member sits. The member 83 must, before any consideration of the legislation by the 84 legislative body of which he or she is a member or any committee 85 on which the member sits, publicly state to the body or 86 committee all of the interests in the legislation of such 87 principals, parent organizations or subsidiaries of a corporate 88 principal, business associates, employers, or boards which are 89 known to the member and, within 15 days after the date on which 90 a vote on the legislation occurs, disclose the specific nature 91 of those interests as a public record in a memorandum filed with 92 the Secretary of the Senate, if the member is a Senator, or 93 filed with the Clerk of the House of Representatives, if the 94 member is a Representative. The memorandum shall be spread upon 95 the pages of the journal of the house of which the legislator is 96 a member. 97 Section 4. This act shall take effect July 1, 2011.