Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2088
       
       
       
       
       
       
                                Barcode 604778                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/27/2011           .                                
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       The Committee on Rules (Gardiner) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 167 - 176
    4  and insert:
    5         (b) A vote on legislation does not inure to a member’s
    6  special private gain or loss if:
    7         1. The vote being taken is preliminary or procedural in
    8  nature;
    9         2. The chance that any gain or loss received from the
   10  legislation is remote or speculative; or
   11         3. The legislation affects a large number of people or
   12  entities but does not affect the member, the member’s relative,
   13  business associate, employer, board upon which the member sits,
   14  principal, or corporate parent or subsidiary organization of a
   15  principal by whom the member is retained differently than the
   16  rest of those affected by the legislation.
   17         (c) A member of the Legislature is not prohibited from
   18  voting on, and is not required to make any disclosure
   19  concerning, any legislation that would inure to the special
   20  private gain or loss of the member’s employer, principal, or a
   21  board upon which the member sits, if the entity is an agency as
   22  defined in s. 112.312(2).
   23         (d) A member of the Legislature serving as an independent
   24  contractor attorney or “of counsel” attorney in a law firm is
   25  not prohibited from voting on, and is not required to make any
   26  disclosure concerning, any legislation that would inure to the
   27  special private gain or loss of any of the firm’s clients, if
   28  the member is not involved in the representation of the client,
   29  is not involved in the firm’s management, and the member’s
   30  compensation as an attorney is not derived from money received
   31  from that client.
   32         (3) This section does not prevent a member of the
   33  Legislature from voting on a General Appropriations Act or
   34  implementing legislation on the floor of the Senate or House of
   35  Representatives.
   36         (4) A member of the Legislature may request an advisory
   37  opinion from the general counsel of the house of which he or she
   38  is a member as to the application of this section to a specific
   39  situation. The general counsel shall issue the opinion within 10
   40  days after receiving the request. The member of the Legislature
   41  may reasonably rely on such opinion.
   42  
   43  ================= T I T L E  A M E N D M E N T ================
   44         And the title is amended as follows:
   45         Delete lines 37 - 41
   46  and insert:
   47         such entity is an agency; providing that a member’s
   48         vote does not inure to the member’s special private
   49         gain or loss under certain circumstances; providing
   50         that the act does not require disclosure if a member’s
   51         vote will inure to the special private gain or loss of
   52         a member’s employer, principal, or board upon which
   53         the member sits, if such entity is an agency;
   54         providing that a member of the Legislature who is
   55         serving as an independent contractor attorney or “of
   56         counsel” attorney in a law firm is not prohibited from
   57         voting on and is not required to make a disclosure
   58         concerning legislation that would inure to the special
   59         private gain or loss of any of the firm’s clients;
   60         authorizing a member to request an advisory opinion
   61         from the general counsel of the house of which he or
   62         she is a member; providing that the