Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for SB 1220
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Senate
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House
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The Committee on Judiciary (Joyner) recommended the following
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amendment:
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Senate Amendment (with title amendment)
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Delete line(s) 174-275
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and insert:
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(4)(3)(a) An elected or appointed No county, municipal, or
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other local public officer may not shall vote or participate in
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an official capacity in any matter that upon any measure which
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would inure to the officer's his or her special private gain or
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loss; that the officer which he or she knows would inure to the
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special private gain or loss of any principal by whom he or she
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is retained or to the parent organization, sibling, or subsidiary
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of a corporate principal by which he or she is retained, other
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than an agency as defined in s. 112.312(2); or that which he or
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she knows would inure to the special private gain or loss of a
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relative or business associate of the public officer. Such local
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public officer shall, before prior to the vote is being taken,
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publicly state to the assembly the nature of all of the officer's
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interests and all of the interests of his or her principals,
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relatives, or business associates which are known to him or her
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in the matter from which he or she is abstaining from voting and
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participating and, at the time of the vote or within 15 days
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after the vote occurs, disclose the nature of all of his or her
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interests and the interests of his or her principals, relatives,
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or business associates which are known to him or her, his or her
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interest as a public record in a memorandum filed with the person
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responsible for recording the minutes of the meeting, who shall
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incorporate the memorandum in the minutes.
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(b) However, A commissioner of a community redevelopment
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agency created or designated pursuant to s. 163.356 or s.
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163.357, or an officer of an independent special tax district
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elected on a one-acre, one-vote basis, is not prohibited from
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voting or participating when acting in an official, when voting
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in said capacity. However, before a vote is taken, the
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commissioner or officer must publicly state to the assembly the
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nature of all of the his or her interests and all of the
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interests of his or her principals, relatives, or business
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associates which are known to him or her in the matter and, at
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the time of the vote or within 15 days after the vote, disclose
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the nature of all of his or her interests and the interests of
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his or her principals, relatives, or business associates which
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are known to him or her, as a public record in a memorandum filed
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with the person responsible for recording the minutes of the
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meeting, who shall incorporate the memorandum in the minutes.
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(4) No appointed public officer shall participate in any
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matter which would inure to the officer's special private gain or
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loss; which the officer knows would inure to the special private
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gain or loss of any principal by whom he or she is retained or to
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the parent organization or subsidiary of a corporate principal by
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which he or she is retained; or which he or she knows would inure
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to the special private gain or loss of a relative or business
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associate of the public officer, without first disclosing the
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nature of his or her interest in the matter.
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(a) Such disclosure, indicating the nature of the conflict,
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shall be made in a written memorandum filed with the person
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responsible for recording the minutes of the meeting, prior to
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the meeting in which consideration of the matter will take place,
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and shall be incorporated into the minutes. Any such memorandum
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shall become a public record upon filing, shall immediately be
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provided to the other members of the agency, and shall be read
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publicly at the next meeting held subsequent to the filing of
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this written memorandum.
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(b) In the event that disclosure has not been made prior to
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the meeting or that any conflict is unknown prior to the meeting,
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the disclosure shall be made orally at the meeting when it
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becomes known that a conflict exists. A written memorandum
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disclosing the nature of the conflict shall then be filed within
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15 days after the oral disclosure with the person responsible for
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recording the minutes of the meeting and shall be incorporated
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into the minutes of the meeting at which the oral disclosure was
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made. Any such memorandum shall become a public record upon
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filing, shall immediately be provided to the other members of the
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agency, and shall be read publicly at the next meeting held
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subsequent to the filing of this written memorandum.
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(5)(c) For purposes of this section subsection, the term
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"participate" means any attempt to influence the decision by oral
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or written communication, whether made by the officer or at the
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officer's direction.
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(6)(5) Whenever a public officer or former public officer
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is being considered for appointment or reappointment to public
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office, the appointing body shall consider the number and nature
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of the memoranda of conflict previously filed under this section
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by the said officer.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete line(s) 22-25
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and insert:
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a local officer when prohibited from voting; prohibiting
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certain local officers from voting or participating in any
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matter involving special gain or loss to the officer or
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certain parties; requiring an officer to provide public
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disclosure before a vote is taken on the matter; providing
4/7/2008 3:23:00 PM 590-06815-08
CODING: Words stricken are deletions; words underlined are additions.