Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 1220

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CHAMBER ACTION

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.