Florida Senate - 2012 SB 552 By Senator Dockery 15-00228D-12 2012552__ 1 A bill to be entitled 2 An act relating to ethics; amending s. 112.3143, F.S.; 3 defining the term “special private gain or loss”; 4 providing an exception to provisions relating to 5 voting conflicts, to conform to changes made by the 6 act; creating s. 112.31435, F.S.; providing 7 definitions; prohibiting a member of the Legislature 8 from voting upon or participating in any legislation 9 inuring to the personal gain or loss of the member or 10 his or her relative; prohibiting a member of the 11 Legislature from participating in any legislation 12 inuring to the personal gain or loss of a business 13 associate, employer, board on which the member sits, 14 principal by whom the member is retained, or parent 15 corporation or subsidiary of such principal; requiring 16 that a member disclose all such interests to the 17 applicable legislative body or committee before the 18 legislation is considered; requiring that the member 19 disclose the specific nature of any such interests 20 within a specified period after the date on which a 21 vote on the legislation occurs; requiring that such 22 disclosure be made by written memorandum and filed 23 with the Secretary of the Senate or the Clerk of the 24 House of Representatives; requiring that the 25 memorandum be recorded in the journal of the house of 26 which the legislator is a member; requiring that 27 members of the Legislature vote on the General 28 Appropriations Act and disclose conflicts of interest 29 with any line-item appropriation; providing an 30 effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Subsections (1) and (2) of section 112.3143, 35 Florida Statutes, are amended to read: 36 112.3143 Voting conflicts.— 37 (1) As used in this section: 38 (a) “Public officer” includes any person elected or 39 appointed to hold office in any agency, including any person 40 serving on an advisory body. 41 (b) “Relative” means any father, mother, son, daughter, 42 husband, wife, brother, sister, father-in-law, mother-in-law, 43 son-in-law, or daughter-in-law. 44 (c) “Special private gain or loss” means a gain or loss 45 that inures only to the benefit or detriment of a public officer 46 or his or her relative, principal, or corporate parent or 47 subsidiary of a corporate principal, or a gain or loss that 48 inures to the benefit or detriment of an enumerated beneficiary 49 differently than the rest of those affected by the matter. 50 (2) Except as provided in s. 112.31435, no state public 51 officer is prohibited from voting in an official capacity on any 52 matter. However, any state public officer voting in an official 53 capacity upon any measure thatwhichwould inure to the 54 officer’s special private gain or loss; thatwhichhe or she 55 knows would inure to the special private gain or loss of any 56 principal by whom the officer is retained or oftothe parent 57 organization or subsidiary of a corporate principal by which the 58 officer is retained; or thatwhichthe officer knows would inure 59 to the special private gain or loss of a relative or business 60 associate of the public officer shall, within 15 days after the 61 vote occurs, disclose the nature of his or her interest as a 62 public record in a memorandum filed with the person responsible 63 for recording the minutes of the meeting, who shall incorporate 64 the memorandum in the minutes. 65 Section 2. Section 112.31435, Florida Statutes, is created 66 to read: 67 112.31435 Voting conflicts; state legislators.— 68 (1) As used in this section, the term: 69 (a) “Participate” means any attempt, other than casting a 70 vote, to influence the passage, defeat, or amendment of 71 legislation by oral or written communication made by a 72 legislator or at the legislator’s direction. 73 (b) “Relative” means any father, mother, son, daughter, 74 husband, wife, brother, sister, father-in-law, mother-in-law, 75 son-in-law, or daughter-in-law. 76 (c) “Special private gain or loss” means a gain or loss 77 that inures only to the benefit or detriment of a public officer 78 or his or her relative, principal, or corporate parent or 79 subsidiary of a corporate principal, or a gain or loss that 80 inures to the benefit or detriment of an enumerated beneficiary 81 differently than the rest of those affected by the matter. 82 (2) A member of the Legislature may not vote upon or 83 participate in any legislation that would inure to his or her 84 special private gain or loss or that he or she knows would inure 85 to the special private gain or loss of his or her relative. The 86 member must, before any consideration of the legislation by the 87 legislative body of which he or she is a member or any committee 88 on which he or she sits, publicly state to the body or committee 89 all of his or her interests in the legislation or all of the 90 relative’s interests in the legislation which are known to the 91 member and, within 15 days after the date on which a vote on the 92 legislation occurs, disclose the specific nature of those 93 interests as a public record in a memorandum filed with the 94 Secretary of the Senate, if the member is a Senator, or filed 95 with the Clerk of the House of Representatives, if the member is 96 a Representative. The memorandum shall be spread upon the pages 97 of the journal of the house of which the legislator is a member. 98 (3) A member of the Legislature may not participate in any 99 legislation that he or she knows would inure to the special 100 private gain or loss of a principal by whom he or she is 101 retained, the parent organization or subsidiary of a corporate 102 principal by which he or she is retained, a business associate, 103 an employer, or a board on which the member sits. The member 104 must, before any consideration of the legislation by the 105 legislative body of which he or she is a member or any committee 106 on which he or she sits, publicly state to the body or committee 107 all of the interests in the legislation of the principals, 108 parent organizations or subsidiaries of a corporate principal, 109 business associates, employers, or boards which are known to the 110 member and, within 15 days after the date on which a vote on the 111 legislation occurs, disclose the specific nature of those 112 interests as a public record in a memorandum filed with the 113 Secretary of the Senate, if the member is a Senator, or filed 114 with the Clerk of the House of Representatives, if the member is 115 a Representative. The memorandum shall be spread upon the pages 116 of the journal of the house of which the legislator is a member. 117 (4) A member of the Legislature must vote on the General 118 Appropriations Act and must disclose any conflict of interest 119 that the legislator may have with a line-item appropriation in 120 the act. 121 Section 3. This act shall take effect October 1, 2012.