Florida Senate - 2018                                     SB 630
       
       
        
       By Senator Clemens
       
       
       
       
       
       31-00822-18                                            2018630__
    1                        A bill to be entitled                      
    2         An act relating to voting conflicts; amending s.
    3         112.3143, F.S.; requiring a member of the Legislature
    4         to disclose any matter that would inure to the special
    5         private gain or loss of the member, or a principal,
    6         relative, or business associate of the member, before
    7         being called to vote on such measure; prescribing the
    8         methods of the disclosure; providing an effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (2) of section 112.3143, Florida
   14  Statutes, is amended to read:
   15         112.3143 Voting conflicts.—
   16         (2)(a) A state public officer, other than a member of the
   17  Legislature, may not vote on any matter that the officer knows
   18  would inure to his or her special private gain or loss. Any
   19  state public officer who abstains from voting in an official
   20  capacity upon any measure that the officer knows would inure to
   21  the officer’s special private gain or loss, or who votes in an
   22  official capacity on a measure that he or she knows would inure
   23  to the special private gain or loss of any principal by whom the
   24  officer is retained or to the parent organization or subsidiary
   25  of a corporate principal by which the officer is retained, other
   26  than an agency as defined in s. 112.312(2); or which the officer
   27  knows would inure to the special private gain or loss of a
   28  relative or business associate of the public officer, shall make
   29  every reasonable effort to disclose the nature of his or her
   30  interest as a public record in a memorandum filed with the
   31  person responsible for recording the minutes of the meeting, who
   32  shall incorporate the memorandum in the minutes. If it is not
   33  possible for the state public officer to file a memorandum
   34  before the vote, the memorandum must be filed with the person
   35  responsible for recording the minutes of the meeting no later
   36  than 15 days after the vote.
   37         (b) A member of the Legislature shall, upon being called to
   38  vote on a measure, disclose any matter that the member knows
   39  would inure to his or her special private gain or loss; that he
   40  or she knows would inure to the special private gain or loss of
   41  any principal by whom he or she is retained, other than an
   42  agency as defined in s. 112.312(2); or that he or she knows
   43  would inure to the special private gain or loss of a relative or
   44  business associate of the member. Regardless of whether the
   45  member abstains from voting or votes on the measure, the member
   46  shall disclose the nature of his or her interest as a public
   47  record in a memorandum filed with the Secretary of the Senate or
   48  the Clerk of the House of Representatives as soon as he or she
   49  becomes aware of the conflict. If the member abstains from
   50  voting on the measure, he or she must also state before the body
   51  the reasons for abstaining, which must be recorded in the
   52  journal of his or her respective house. If the member becomes
   53  aware of the conflict during a committee, subcommittee, council,
   54  caucus, or other meeting or a sitting on the floor, the member
   55  must report the conflict as soon as possible after the
   56  conclusion of the meeting or adjournment of the sitting may
   57  satisfy the disclosure requirements of this section by filing a
   58  disclosure form created pursuant to the rules of the member’s
   59  respective house if the member discloses the information
   60  required by this subsection.
   61         Section 2. This act shall take effect July 1, 2018.