Florida Senate - 2011                                      SB 86
       
       
       
       By Senator Dockery
       
       
       
       
       15-00184-11                                             201186__
    1                        A bill to be entitled                      
    2         An act relating to voting conflicts; providing a short
    3         title; amending s. 112.3143, F.S.; providing an
    4         exception to provisions relating to voting conflicts,
    5         to conform to changes made by the act; creating s.
    6         112.31435, F.S.; providing definitions; prohibiting a
    7         member of the Legislature from voting upon or
    8         participating in any legislation inuring to the
    9         personal gain or loss of the member or his or her
   10         relative; prohibiting a member of the Legislature from
   11         participating in any legislation inuring to the
   12         personal gain or loss of a business associate,
   13         employer, board on which the member sits, principal by
   14         whom the member is retained, or parent corporation or
   15         subsidiary of such principal; requiring that a member
   16         disclose all such interests to the applicable
   17         legislative body or committee before such legislation
   18         is considered; requiring that the member disclose the
   19         specific nature of any such interests within a
   20         specified period after the date on which a vote on the
   21         legislation occurs; requiring that such disclosure be
   22         made by written memorandum and filed with the
   23         Secretary of the Senate or the Clerk of the House of
   24         Representatives; requiring that the memorandum be
   25         recorded in the journal of the house of which the
   26         legislator is a member; providing an effective date.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. This act may be cited as the “Restoring Trust in
   31  Government Act.”
   32         Section 2. Subsection (2) of section 112.3143, Florida
   33  Statutes, is amended to read:
   34         112.3143 Voting conflicts.—
   35         (2) Except as provided in s. 112.31435, no state public
   36  officer is prohibited from voting in an official capacity on any
   37  matter. However, any state public officer voting in an official
   38  capacity upon any measure that which would inure to the
   39  officer’s special private gain or loss; that which he or she
   40  knows would inure to the special private gain or loss of any
   41  principal by whom the officer is retained or to the parent
   42  organization or subsidiary of a corporate principal by which the
   43  officer is retained; or that which the officer knows would inure
   44  to the special private gain or loss of a relative or business
   45  associate of the public officer shall, within 15 days after the
   46  vote occurs, disclose the nature of his or her interest as a
   47  public record in a memorandum filed with the person responsible
   48  for recording the minutes of the meeting, who shall incorporate
   49  the memorandum in the minutes.
   50         Section 3. Section 112.31435, Florida Statutes, is created
   51  to read:
   52         112.31435Voting conflicts; state legislators.—
   53         (1)As used in this section, the term:
   54         (a)“Participate” means any attempt, other than casting a
   55  vote, to influence the passage, defeat, or amendment of
   56  legislation by oral or written communication made by a
   57  legislator or at such legislator’s direction.
   58         (b)“Relative” means any father, mother, son, daughter,
   59  husband, wife, brother, sister, father-in-law, mother-in-law,
   60  son-in-law, or daughter-in-law.
   61         (2)A member of the Legislature may not vote upon or
   62  participate in any legislation that would inure to his or her
   63  special private gain or loss or that he or she knows would inure
   64  to the special private gain or loss of his or her relative. The
   65  member must, before any consideration of the legislation by the
   66  legislative body of which he or she is a member or any committee
   67  on which the member sits, publicly state to the body or
   68  committee all of his or her interests in the legislation or all
   69  of the relative’s interests in the legislation which are known
   70  to the member and, within 15 days after the date on which a vote
   71  on the legislation occurs, disclose the specific nature of those
   72  interests as a public record in a memorandum filed with the
   73  Secretary of the Senate, if the member is a Senator, or filed
   74  with the Clerk of the House of Representatives, if the member is
   75  a Representative. The memorandum shall be spread upon the pages
   76  of the journal of the house of which the legislator is a member.
   77         (3)A member of the Legislature may not participate in any
   78  legislation that he or she knows would inure to the special
   79  private gain or loss of a principal by whom he or she is
   80  retained, the parent organization or subsidiary of a corporate
   81  principal by which he or she is retained, a business associate,
   82  an employer, or a board upon which the member sits. The member
   83  must, before any consideration of the legislation by the
   84  legislative body of which he or she is a member or any committee
   85  on which the member sits, publicly state to the body or
   86  committee all of the interests in the legislation of such
   87  principals, parent organizations or subsidiaries of a corporate
   88  principal, business associates, employers, or boards which are
   89  known to the member and, within 15 days after the date on which
   90  a vote on the legislation occurs, disclose the specific nature
   91  of those interests as a public record in a memorandum filed with
   92  the Secretary of the Senate, if the member is a Senator, or
   93  filed with the Clerk of the House of Representatives, if the
   94  member is a Representative. The memorandum shall be spread upon
   95  the pages of the journal of the house of which the legislator is
   96  a member.
   97         Section 4. This act shall take effect July 1, 2011.