Florida Senate - 2020                                    SB 1850
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-01506-20                                           20201850__
    1                        A bill to be entitled                      
    2         An act relating to voting conflicts; amending s.
    3         112.3143, F.S.; revising requirements for the
    4         disclosure of voting conflicts by specified public
    5         officers; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Paragraph (a) of subsection (2) and paragraph
   10  (a) of subsection (3) of section 112.3143, Florida Statutes, are
   11  amended to read:
   12         112.3143 Voting conflicts.—
   13         (2)(a) A state public officer may not vote on any matter
   14  that the officer knows would inure to his or her special private
   15  gain or loss. Any state public officer who abstains from voting
   16  in an official capacity upon any measure that the officer knows
   17  would inure to the officer’s special private gain or loss, or
   18  who votes in an official capacity on a measure that he or she
   19  knows would inure to the special private gain or loss of any
   20  principal by whom the officer is retained or to the parent
   21  organization or subsidiary of a corporate principal by which the
   22  officer is retained other than an agency as defined in s.
   23  112.312(2); or which the officer knows would inure to the
   24  special private gain or loss of a relative or business associate
   25  of the public officer, shall make every reasonable effort to
   26  disclose the nature of his or her interest as a public record in
   27  a memorandum filed with the person responsible for recording the
   28  minutes of the meeting, who shall incorporate the memorandum in
   29  the minutes. Additionally, the officer shall, before the vote
   30  being taken, publicly state to the assembly the nature of the
   31  officer’s interest in the matter from which he or she is
   32  abstaining from voting and the time and manner in which the
   33  officer became aware of the conflict. If it is not possible for
   34  the state public officer to file a memorandum before the vote,
   35  the memorandum must be filed with the person responsible for
   36  recording the minutes of the meeting no later than 15 days after
   37  the vote.
   38         (3)(a) A No county, municipal, or other local public
   39  officer may not shall vote in an official capacity upon any
   40  measure which would inure to his or her special private gain or
   41  loss; which he or she knows would inure to the special private
   42  gain or loss of any principal by whom he or she is retained or
   43  to the parent organization or subsidiary of a corporate
   44  principal by which he or she is retained, other than an agency
   45  as defined in s. 112.312(2); or which he or she knows would
   46  inure to the special private gain or loss of a relative or
   47  business associate of the public officer. Such public officer
   48  shall, before prior to the vote being taken, publicly state to
   49  the assembly the nature of the officer’s interest in the matter
   50  from which he or she is abstaining from voting and the time and
   51  manner in which the officer became aware of the conflict.,
   52  Within 15 days after the vote occurs, the public officer shall
   53  also disclose the nature of his or her interest as a public
   54  record in a memorandum filed with the person responsible for
   55  recording the minutes of the meeting, who shall incorporate the
   56  memorandum in the minutes.
   57         Section 2. This act shall take effect July 1, 2020.