Bill Text: FL S0630 | 2018 | Regular Session | Introduced
Bill Title: Voting Conflicts
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-11-03 - Withdrawn prior to introduction [S0630 Detail]
Download: Florida-2018-S0630-Introduced.html
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.
