Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. HB 7071, 1st Eng.
       
       
       
       
       
       
                                Ì6446548Î644654                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/08/2016 10:24 AM       .                                
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       Senator Clemens moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 36
    4  insert:
    5         Section 1. Subsection (2) and present subsection (3) of
    6  section 112.3143, Florida Statutes, are amended, and present
    7  subsections (4), (5), and (6) of that section are renumbered as
    8  subsections (3), (4), and (5), respectively, to read:
    9         112.3143 Voting conflicts.—
   10         (2)(a) A state, county, municipal, or other local public
   11  officer may not vote on any matter that the officer knows would
   12  inure to his or her special private gain or loss. Any state
   13  public officer who abstains from voting in an official capacity
   14  upon any measure that the officer knows would inure to his or
   15  her the officer’s special private gain or loss;, or who votes in
   16  an official capacity on a measure that he or she knows would
   17  inure to the special private gain or loss of any principal by
   18  whom the officer is retained or to the parent organization or
   19  subsidiary of a corporate principal by which the officer is
   20  retained other than an agency as defined in s. 112.312(2); or
   21  that which the officer knows would inure to the special private
   22  gain or loss of a relative or business associate of the public
   23  officer. Such public officer shall, before the vote being taken,
   24  publicly state to the assembly the nature of the officer’s
   25  interest in the matter from which he or she is abstaining from
   26  voting and, within 15 days after the vote occurs, shall make
   27  every reasonable effort to disclose the nature of his or her
   28  interest as a public record in a memorandum filed with the
   29  person responsible for recording the minutes of the meeting, who
   30  shall incorporate the memorandum in the minutes. If it is not
   31  possible for the state public officer to file a memorandum
   32  before the vote, the memorandum must be filed with the person
   33  responsible for recording the minutes of the meeting no later
   34  than 15 days after the vote.
   35         (b) A member of the Legislature may satisfy the disclosure
   36  requirements of this section by filing a disclosure form created
   37  pursuant to the rules of the member’s respective house if the
   38  member discloses the information required by this subsection.
   39         (3)(a) No county, municipal, or other local public officer
   40  shall vote in an official capacity upon any measure which would
   41  inure to his or her special private gain or loss; which he or
   42  she knows would inure to the special private gain or loss of any
   43  principal by whom he or she is retained or to the parent
   44  organization or subsidiary of a corporate principal by which he
   45  or she is retained, other than an agency as defined in s.
   46  112.312(2); or which he or she knows would inure to the special
   47  private gain or loss of a relative or business associate of the
   48  public officer. Such public officer shall, prior to the vote
   49  being taken, publicly state to the assembly the nature of the
   50  officer’s interest in the matter from which he or she is
   51  abstaining from voting and, within 15 days after the vote
   52  occurs, disclose the nature of his or her interest as a public
   53  record in a memorandum filed with the person responsible for
   54  recording the minutes of the meeting, who shall incorporate the
   55  memorandum in the minutes.
   56         (c)(b) However, a commissioner of a community redevelopment
   57  agency created or designated pursuant to s. 163.356 or s.
   58  163.357, or an officer of an independent special tax district
   59  elected on a one-acre, one-vote basis, is not prohibited from
   60  voting, when voting in said capacity.
   61         Section 2. Paragraph (b) of subsection (2) of section
   62  288.92, Florida Statutes, is amended to read:
   63         288.92 Divisions of Enterprise Florida, Inc.—
   64         (2)
   65         (b)1. The following officers and board members are subject
   66  to ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
   67  112.3143(2):
   68         a. Officers and members of the board of directors of the
   69  divisions of Enterprise Florida, Inc.
   70         b. Officers and members of the board of directors of
   71  subsidiaries of Enterprise Florida, Inc.
   72         c. Officers and members of the board of directors of
   73  corporations created to carry out the missions of Enterprise
   74  Florida, Inc.
   75         d. Officers and members of the board of directors of
   76  corporations with which a division is required by law to
   77  contract to carry out its missions.
   78         2. For purposes of applying ss. 112.313(1)-(8), (10), (12),
   79  and (15); 112.3135; and 112.3143(2) to activities of the
   80  officers and members of the board of directors specified in
   81  subparagraph 1., those persons shall be considered public
   82  officers or employees and the corporation shall be considered
   83  their agency.
   84         3. It is not a violation of s. 112.3143(2) or (3) (4) for
   85  the officers or members of the board of directors of the Florida
   86  Tourism Industry Marketing Corporation to:
   87         a. Vote on the 4-year marketing plan required under s.
   88  288.923 or vote on any individual component of or amendment to
   89  the plan.
   90         b. Participate in the establishment or calculation of
   91  payments related to the private match requirements of s.
   92  288.904(3). The officer or member must file an annual disclosure
   93  describing the nature of his or her interests or the interests
   94  of his or her principals, including corporate parents and
   95  subsidiaries of his or her principal, in the private match
   96  requirements. This annual disclosure requirement satisfies the
   97  disclosure requirement of s. 112.3143(3) s. 112.3143(4). This
   98  disclosure must be placed either on the Florida Tourism Industry
   99  Marketing Corporation’s website or included in the minutes of
  100  each meeting of the Florida Tourism Industry Marketing
  101  Corporation’s board of directors at which the private match
  102  requirements are discussed or voted upon.
  103         Section 3. Paragraph (c) of subsection (1) of section
  104  310.151, Florida Statutes, is amended to read:
  105         310.151 Rates of pilotage; Pilotage Rate Review Committee.—
  106         (1)
  107         (c) Committee members shall comply with the disclosure
  108  requirements of s. 112.3143(3) s. 112.3143(4) if participating
  109  in any matter that would result in special private gain or loss
  110  as described in that subsection.
  111         Section 4. Paragraph (a) of subsection (26) of section
  112  1002.33, Florida Statutes, is amended to read:
  113         1002.33 Charter schools.—
  114         (26) STANDARDS OF CONDUCT AND FINANCIAL DISCLOSURE.—
  115         (a) A member of a governing board of a charter school,
  116  including a charter school operated by a private entity, is
  117  subject to ss. 112.313(2), (3), (7), and (12) and 112.3143(2)
  118  112.3143(3).
  119         Section 5. Subsection (8) of section 1002.83, Florida
  120  Statutes, is amended to read:
  121         1002.83 Early learning coalitions.—
  122         (8) Each member of an early learning coalition is subject
  123  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
  124  112.3143(2)(a) s. 112.3143(3)(a), each voting member is a local
  125  public officer who must abstain from voting when a voting
  126  conflict exists.
  127  
  128  ================= T I T L E  A M E N D M E N T ================
  129  And the title is amended as follows:
  130         Between lines 2 and 3
  131  insert:
  132         112.3143, F.S.; revising the circumstances under which
  133         a state public officer may not vote in an official
  134         capacity on a measure that would inure to the
  135         officer’s special private gain or loss, or that of the
  136         officer’s principal, relative, or business associate;
  137         revising the manner in which a state public officer is
  138         required to disclose the conflict; amending ss.
  139         288.92, 310.151, 1002.33, and 1002.83, F.S.;
  140         conforming cross-references; amending s.