Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for SB 582
       
       
       
       
       
       
                                Ì335822#Î335822                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: NC/2R          .                                
             03/08/2016 10:23 AM       .                                
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       Senator Clemens moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 35
    4  insert:
    5         Section 1. Subsection (1), paragraph (a) of subsection (2),
    6  paragraph (a) of subsection (3), and subsection (4) of section
    7  112.3143, Florida Statutes, are amended to read:
    8         112.3143 Voting conflicts.—
    9         (1) As used in this section:
   10         (a) “Principal by whom retained” means an individual or
   11  entity, other than an agency as defined in s. 112.312(2), that
   12  for compensation, salary, pay, consideration, or similar thing
   13  of value, has permitted or directed another to act for the
   14  individual or entity, and includes, but is not limited to, one’s
   15  client, employer, or the parent, subsidiary, or sibling
   16  organization of one’s client or employer.
   17         (b) “Public officer” includes any person elected or
   18  appointed to hold office in any agency, including any person
   19  serving on an advisory body.
   20         (c) “Relative” means any father, mother, son, daughter,
   21  husband, wife, brother, sister, father-in-law, mother-in-law,
   22  son-in-law, or daughter-in-law.
   23         (d) “Special private gain or loss” means an economic
   24  benefit or harm that would inure to the officer, his or her
   25  relative, business associate, or principal, unless the measure
   26  affects a class that includes the officer, his or her relative,
   27  business associate, or principal, in which case, at least the
   28  following factors must be considered when determining whether a
   29  special private gain or loss exists:
   30         1. The size of the class affected by the vote.
   31         2. The nature of the interests involved.
   32         3. The degree to which the interests of all members of the
   33  class are affected by the vote.
   34         4. The degree to which the officer, his or her relative,
   35  business associate, or principal receives a greater benefit or
   36  harm when compared to other members of the class.
   37  
   38  The degree to which there is uncertainty at the time of the vote
   39  as to whether there would be any economic benefit or harm to the
   40  public officer, his or her relative, business associate, or
   41  principal and, if so, the nature or degree of the economic
   42  benefit or harm must also be considered.
   43         (2)(a) A state public officer may not vote on any matter
   44  that the officer knows would inure to his or her special private
   45  gain or loss. However, a state public officer is not prohibited
   46  from voting on a matter if the matter would result in an
   47  economic benefit or harm to the public generally or a broad
   48  segment of the public. Any state public officer who abstains
   49  from voting in an official capacity upon any measure that the
   50  officer knows would inure to any the officer’s special private
   51  gain or loss of the officer, or who votes in an official
   52  capacity on a measure that he or she knows would inure to any
   53  the special private gain or loss of any principal by whom the
   54  officer is retained or to the parent organization or subsidiary
   55  of a corporate principal by which the officer is retained other
   56  than an agency as defined in s. 112.312(2); or which the officer
   57  knows would inure to any the special private gain or loss of a
   58  relative or business associate of the public officer, shall make
   59  every reasonable effort to disclose the nature of his or her
   60  interest as a public record in a memorandum filed with the
   61  person responsible for recording the minutes of the meeting, who
   62  shall incorporate the memorandum in the minutes. If it is not
   63  possible for the state public officer to file a memorandum
   64  before the vote, the memorandum must be filed with the person
   65  responsible for recording the minutes of the meeting no later
   66  than 15 days after the vote.
   67         (3)(a) A No county, municipal, or other local public
   68  officer may not shall vote in an official capacity upon any
   69  measure which would inure to his or her special private gain or
   70  loss; which he or she knows would inure to any the special
   71  private gain or loss of any principal by whom he or she is
   72  retained or to the parent organization or subsidiary of a
   73  corporate principal by which he or she is retained, other than
   74  an agency as defined in s. 112.312(2); or which he or she knows
   75  would inure to any the special private gain or loss of a
   76  relative or business associate of the public officer. Such
   77  public officer shall, before prior to the vote being taken,
   78  publicly state to the assembly the nature of the officer’s
   79  interest in the matter from which he or she is abstaining from
   80  voting and, within 15 days after the vote occurs, disclose the
   81  nature of his or her interest as a public record in a memorandum
   82  filed with the person responsible for recording the minutes of
   83  the meeting, who shall incorporate the memorandum in the
   84  minutes. However, a county, municipal, or other local public
   85  officer is not prohibited from voting on a matter if the matter
   86  would result in an economic benefit or harm to the public
   87  generally or a broad segment of the public.
   88         (4) An No appointed public officer may not shall
   89  participate in any matter which would inure to any the officer’s
   90  special private gain or loss of the officer; which the officer
   91  knows would inure to any the special private gain or loss of any
   92  principal by whom he or she is retained or to the parent
   93  organization or subsidiary of a corporate principal by which he
   94  or she is retained; or which he or she knows would inure to any
   95  the special private gain or loss of a relative or business
   96  associate of the public officer, without first disclosing the
   97  nature of his or her interest in the matter.
   98         (a) Such disclosure, indicating the nature of the conflict,
   99  shall be made in a written memorandum filed with the person
  100  responsible for recording the minutes of the meeting, before
  101  prior to the meeting in which consideration of the matter will
  102  take place, and shall be incorporated into the minutes. Any such
  103  memorandum shall become a public record upon filing, shall
  104  immediately be provided to the other members of the agency, and
  105  shall be read publicly at the next meeting held subsequent to
  106  the filing of this written memorandum.
  107         (b) In the event that disclosure has not been made before
  108  prior to the meeting or that any conflict is unknown before
  109  prior to the meeting, the disclosure shall be made orally at the
  110  meeting when it becomes known that a conflict exists. A written
  111  memorandum disclosing the nature of the conflict shall then be
  112  filed within 15 days after the oral disclosure with the person
  113  responsible for recording the minutes of the meeting and shall
  114  be incorporated into the minutes of the meeting at which the
  115  oral disclosure was made. Any such memorandum shall become a
  116  public record upon filing, shall immediately be provided to the
  117  other members of the agency, and shall be read publicly at the
  118  next meeting held subsequent to the filing of this written
  119  memorandum.
  120         (c) For purposes of this subsection, the term “participate”
  121  means any attempt to influence the decision by oral or written
  122  communication, whether made by the officer or at the officer’s
  123  direction.
  124         Section 2. Paragraph (a) of subsection (7) and paragraph
  125  (e) of subsection (11) of section 155.40, Florida Statutes, are
  126  amended to read:
  127         155.40 Sale or lease of county, district, or municipal
  128  hospital; effect of sale.—
  129         (7) A determination by the governing board to accept a
  130  proposal for sale or lease shall be made after consideration of
  131  all proposals received and negotiations with a qualified
  132  purchaser or lessee. The governing board’s determination must
  133  include, in writing, detailed findings of all reasons for
  134  accepting the proposal.
  135         (a) The governing board’s acceptance of a proposal for sale
  136  or lease must include a description of how the sale or lease
  137  satisfies each of the following requirements:
  138         1. The sale or lease represents fair market value, as
  139  determined by a certified public accounting firm or other
  140  qualified firm pursuant to subsection (5). If leased at less
  141  than fair market value, the governing board shall provide a
  142  detailed explanation of how the best interests of the affected
  143  community are served by the acceptance of less than fair market
  144  value for the lease of the hospital.
  145         2. Acceptance of the proposal will result in a reduction or
  146  elimination of ad valorem or other taxes for taxpayers in the
  147  district, if applicable.
  148         3. The proposal includes an enforceable commitment that
  149  programs and services and quality health care will continue to
  150  be provided to all residents of the affected community,
  151  particularly to the indigent, the uninsured, and the
  152  underinsured.
  153         4. Disclosure has been made of all conflicts of interest,
  154  including, but not limited to, whether the sale or lease of the
  155  hospital or health care system would result in any a special
  156  private gain or loss to members of the governing board or key
  157  management employees or members of the medical staff of the
  158  county, district, or municipal hospital, or if governing board
  159  members will be serving on the board of any successor private
  160  corporation. Conflicts of interest, if any, with respect to
  161  experts retained by the governing board shall also be disclosed.
  162         5. Disclosure has been made by the seller or lessor of all
  163  contracts with physicians or other entities providing health
  164  care services through a contract with the seller or lessor,
  165  including all agreements or contracts that would be void or
  166  voidable upon the consummation of the sale or lease.
  167         6. The proposal is in compliance with subsections (8) and
  168  (9).
  169         (11) Within 30 days after receiving the petition, the
  170  Secretary of Health Care Administration or his or her designee
  171  shall issue a final order approving or denying the proposed
  172  transaction based solely upon consideration of whether the
  173  procedures contained within this section have been followed by
  174  the governing board of the county, district, or municipal
  175  hospital or health care system. The order shall require the
  176  governing board to accept or reject the proposal for the sale or
  177  lease of the county, district, or municipal hospital or health
  178  care system based upon a determination that:
  179         (e) Any conflict of interest was disclosed, including, but
  180  not limited to, how the proposed transaction could result in any
  181  a special private gain or loss to members of the governing board
  182  or key management employees of the county, district, or
  183  municipal hospital, or if governing board members will be
  184  serving on the board of any successor private corporation.
  185  Conflicts of interest, if any, with respect to experts retained
  186  by the governing board shall also be disclosed.
  187         Section 3. Paragraph (c) of subsection (1) of section
  188  310.151, Florida Statutes, is amended to read:
  189         310.151 Rates of pilotage; Pilotage Rate Review Committee.—
  190         (1)
  191         (c) Committee members shall comply with the disclosure
  192  requirements of s. 112.3143(4) if participating in any matter
  193  that would result in any special private gain or loss as
  194  described in that subsection.
  195         Section 4. Subsection (6) of section 553.77, Florida
  196  Statutes, is amended to read:
  197         553.77 Specific powers of the commission.—
  198         (6) A member of the Florida Building Commission may abstain
  199  from voting in any matter before the commission which would
  200  inure to any the commissioner’s special private gain or loss of
  201  the commissioner, which the commissioner knows would inure to
  202  any the special private gain or loss of any principal by whom he
  203  or she is retained or to the parent organization or subsidiary
  204  of a corporate principal by which he or she is retained, or
  205  which he or she knows would inure to any the special private
  206  gain or loss of a relative or business associate of the
  207  commissioner. A commissioner shall abstain from voting under the
  208  foregoing circumstances if the matter is before the commission
  209  under ss. 120.569, 120.60, and 120.80. The commissioner shall,
  210  before the vote is taken, publicly state to the assembly the
  211  nature of the commissioner’s interest in the matter from which
  212  he or she is abstaining from voting and, within 15 days after
  213  the vote occurs, disclose the nature of his or her other
  214  interest as a public record in a memorandum filed with the
  215  person responsible for recording the minutes of the meeting, who
  216  shall incorporate the memorandum in the minutes.
  217         Section 5. Paragraph (d) of subsection (6) of section
  218  627.351, Florida Statutes, is amended to read:
  219         627.351 Insurance risk apportionment plans.—
  220         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  221         (d)1. All prospective employees for senior management
  222  positions, as defined by the plan of operation, are subject to
  223  background checks as a prerequisite for employment. The office
  224  shall conduct the background checks pursuant to ss. 624.34,
  225  624.404(3), and 628.261.
  226         2. On or before July 1 of each year, employees of the
  227  corporation must sign and submit a statement attesting that they
  228  do not have a conflict of interest, as defined in part III of
  229  chapter 112. As a condition of employment, all prospective
  230  employees must sign and submit to the corporation a conflict-of
  231  interest statement.
  232         3. The executive director, senior managers, and members of
  233  the board of governors are subject to part III of chapter 112,
  234  including, but not limited to, the code of ethics and public
  235  disclosure and reporting of financial interests, pursuant to s.
  236  112.3145. For purposes of applying part III of chapter 112 to
  237  activities of the executive director, senior managers, and
  238  members of the board of governors, those persons shall be
  239  considered public officers or employees and the corporation
  240  shall be considered their agency. Notwithstanding s.
  241  112.3143(2), a board member may not vote on any measure that
  242  would inure to any his or her special private gain or loss of
  243  the board member; that he or she knows would inure to any the
  244  special private gain or loss of any principal by whom he or she
  245  is retained or to the parent organization or subsidiary of a
  246  corporate principal by which he or she is retained, other than
  247  an agency as defined in s. 112.312; or that he or she knows
  248  would inure to any the special private gain or loss of a
  249  relative or business associate of the public officer. Before the
  250  vote is taken, such member shall publicly state to the assembly
  251  the nature of his or her interest in the matter from which he or
  252  she is abstaining from voting and, within 15 days after the vote
  253  occurs, disclose the nature of his or her interest as a public
  254  record in a memorandum filed with the person responsible for
  255  recording the minutes of the meeting, who shall incorporate the
  256  memorandum in the minutes. Senior managers and board members are
  257  also required to file such disclosures with the Commission on
  258  Ethics and the Office of Insurance Regulation. The executive
  259  director of the corporation or his or her designee shall notify
  260  each existing and newly appointed member of the board of
  261  governors and senior managers of their duty to comply with the
  262  reporting requirements of part III of chapter 112. At least
  263  quarterly, the executive director or his or her designee shall
  264  submit to the Commission on Ethics a list of names of the senior
  265  managers and members of the board of governors who are subject
  266  to the public disclosure requirements under s. 112.3145.
  267         4. Notwithstanding s. 112.3148, s. 112.3149, or any other
  268  provision of law, an employee or board member may not knowingly
  269  accept, directly or indirectly, any gift or expenditure from a
  270  person or entity, or an employee or representative of such
  271  person or entity, which has a contractual relationship with the
  272  corporation or who is under consideration for a contract. An
  273  employee or board member who fails to comply with subparagraph
  274  3. or this subparagraph is subject to penalties provided under
  275  ss. 112.317 and 112.3173.
  276         5. Any senior manager of the corporation who is employed on
  277  or after January 1, 2007, regardless of the date of hire, who
  278  subsequently retires or terminates employment is prohibited from
  279  representing another person or entity before the corporation for
  280  2 years after retirement or termination of employment from the
  281  corporation.
  282         6. The executive director, members of the board of
  283  governors, and senior managers of the corporation are prohibited
  284  from having any employment or contractual relationship for 2
  285  years after retirement from or termination of service to the
  286  corporation with an insurer that has entered into a take-out
  287  bonus agreement with the corporation.
  288  
  289  ================= T I T L E  A M E N D M E N T ================
  290  And the title is amended as follows:
  291         Between lines 2 and 3
  292  insert:
  293         112.3143, F.S.; deleting the definition of the term
  294         “special private gain or loss”; prohibiting a public
  295         officer from voting on a measure that would inure to
  296         any gain or loss, rather than a special private gain
  297         or loss, of the officer, or a principal, relative, or
  298         business associate of the officer; prohibiting an
  299         appointed public officer from participating in any
  300         manner that would inure to any gain or loss, rather
  301         than a special private gain or loss, of the officer,
  302         or a principal, relative, or business associate of the
  303         officer, without requisite disclosure; amending ss.
  304         155.40, 310.151, 553.77, and 627.351, F.S.; revising
  305         terminology to conform to the deletion of the term
  306         “special private gain or loss”; amending s.