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The 2025 Florida Statutes
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F.S. 112.3143112.3143 Voting conflicts.—(1) As used in this section:(a) “Principal by whom retained” means an individual or entity, other than an agency as defined in s. 112.312(2), that for compensation, salary, pay, consideration, or similar thing of value, has permitted or directed another to act for the individual or entity, and includes, but is not limited to, one’s client, employer, or the parent, subsidiary, or sibling organization of one’s client or employer. (b) “Public officer” includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body. (c) “Relative” means any father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law. (d) “Special private gain or loss” means an economic benefit or harm that would inure to the officer, his or her relative, business associate, or principal, unless the measure affects a class that includes the officer, his or her relative, business associate, or principal, in which case, at least the following factors must be considered when determining whether a special private gain or loss exists:1. The size of the class affected by the vote. 2. The nature of the interests involved. 3. The degree to which the interests of all members of the class are affected by the vote. 4. The degree to which the officer, his or her relative, business associate, or principal receives a greater benefit or harm when compared to other members of the class. The degree to which there is uncertainty at the time of the vote as to whether there would be any economic benefit or harm to the public officer, his or her relative, business associate, or principal and, if so, the nature or degree of the economic benefit or harm must also be considered. (2)(a) A state public officer may not vote on any matter that the officer knows would inure to his or her special private gain or loss. Any state public officer who abstains from voting in an official capacity upon any measure that the officer knows would inure to the officer’s special private gain or loss, or who votes in an official capacity on a measure that he or she knows would inure to the special private gain or loss of any principal by whom the officer is retained or to the parent organization or subsidiary of a corporate principal by which the officer is retained other than an agency as defined in s. 112.312(2); or which the officer knows would inure to the special private gain or loss of a relative or business associate of the public officer, shall make every reasonable effort to disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. If it is not possible for the state public officer to file a memorandum before the vote, the memorandum must be filed with the person responsible for recording the minutes of the meeting no later than 15 days after the vote. (b) A member of the Legislature may satisfy the disclosure requirements of this section by filing a disclosure form created pursuant to the rules of the member’s respective house if the member discloses the information required by this subsection. (3)(a) No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, other than an agency as defined in s. 112.312(2); or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer. Such public officer shall, prior to the vote being taken, publicly state to the assembly the nature of the officer’s interest in the matter from which he or she is abstaining from voting and, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. (b) However, a commissioner of a community redevelopment agency created or designated pursuant to s. 163.356 or s. 163.357, or an officer of an independent special tax district elected on a one-acre, one-vote basis, is not prohibited from voting, when voting in said capacity. (4) No appointed public officer shall participate in any matter which would inure to the officer’s special private gain or loss; which the officer knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained; or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer, without first disclosing the nature of his or her interest in the matter.(a) Such disclosure, indicating the nature of the conflict, shall be made in a written memorandum filed with the person responsible for recording the minutes of the meeting, prior to the meeting in which consideration of the matter will take place, and shall be incorporated into the minutes. Any such memorandum shall become a public record upon filing, shall immediately be provided to the other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing of this written memorandum. (b) In the event that disclosure has not been made prior to the meeting or that any conflict is unknown prior to the meeting, the disclosure shall be made orally at the meeting when it becomes known that a conflict exists. A written memorandum disclosing the nature of the conflict shall then be filed within 15 days after the oral disclosure with the person responsible for recording the minutes of the meeting and shall be incorporated into the minutes of the meeting at which the oral disclosure was made. Any such memorandum shall become a public record upon filing, shall immediately be provided to the other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing of this written memorandum. (c) For purposes of this subsection, the term “participate” means any attempt to influence the decision by oral or written communication, whether made by the officer or at the officer’s direction. (5) If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. (6) Whenever a public officer or former public officer is being considered for appointment or reappointment to public office, the appointing body shall consider the number and nature of the memoranda of conflict previously filed under this section by said officer. History.—s. 6, ch. 75-208; s. 2, ch. 84-318; s. 1, ch. 84-357; s. 2, ch. 86-148; s. 5, ch. 91-85; s. 3, ch. 94-277; s. 1408, ch. 95-147; s. 43, ch. 99-2; s. 6, ch. 2013-36.
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Annotations, Discussions, Cases:
Cases Citing Statute 112.3143
Total Results: 19
825 F.2d 314, 1987 U.S. App. LEXIS 11208
Court of Appeals for the Eleventh Circuit | Filed: Aug 21, 1987 | Docket: 810975
Cited 48 times | Published
Under the Florida law then in effect, FSA § 112.3143, a public official may vote on any matter in
837 F.2d 1480, 1988 U.S. App. LEXIS 2083, 1988 WL 6559
Court of Appeals for the Eleventh Circuit | Filed: Feb 22, 1988 | Docket: 979495
Cited 22 times | Published
084.
At times material herein, Florida Statute § 112.3143 required disclosure of the nature of any personal
560 So. 2d 1214, 1990 WL 27939
District Court of Appeal of Florida | Filed: Mar 16, 1990 | Docket: 1477157
Cited 11 times | Published
appellant's tie-breaking vote had violated section 112.3143(3), Florida Statutes (1985).[3] During this
448 So. 2d 1170, 1984 Fla. App. LEXIS 12751
District Court of Appeal of Florida | Filed: Apr 17, 1984 | Docket: 2516680
Cited 7 times | Published
law which would override policy established by § 112.3143, a public officer may abstain from voting only
354 So. 2d 932
District Court of Appeal of Florida | Filed: Feb 1, 1978 | Docket: 1279232
Cited 7 times | Published
INTEREST PROVISIONS OF THE CODE OF ETHICS (SECTION 112.3143, FLORIDA STATUTES) AND THE STANDARDS OF CONDUCT
78 F.3d 494, 1996 U.S. App. LEXIS 4569, 1996 WL 96859
Court of Appeals for the Eleventh Circuit | Filed: Feb 29, 1996 | Docket: 419329
Cited 4 times | Published
conflict of interest under § 112.311, § 112.313, or § 112.3143.” Fla. StatAnn. § 286.012 (West 1995). Section
712 F.3d 498, 2013 WL 949878, 2013 U.S. App. LEXIS 5151
Court of Appeals for the Eleventh Circuit | Filed: Mar 13, 2013 | Docket: 307220
Cited 2 times | Published
involving SSI. This presumably stems from section 112.3143(3)(a) of the Florida Statutes, which provides
District Court of Appeal of Florida | Filed: Jan 31, 2024 | Docket: 68209362
Published
Florida
Statutes, read together with section 112.3143, Florida Statutes,
which, prior to
District Court of Appeal of Florida | Filed: Mar 24, 2021 | Docket: 59758989
Published
what it alleged
were Carollo’s violations of section 112.3143(4) of the Florida Statutes. This
provision
District Court of Appeal of Florida | Filed: Feb 10, 2021 | Docket: 59241570
Published
what it alleged
were Carollo’s violations of section 112.3143(4) of the Florida Statutes. This
provision
211 So. 3d 230, 2017 WL 192013, 2017 Fla. App. LEXIS 452
District Court of Appeal of Florida | Filed: Jan 18, 2017 | Docket: 4569376
Published
trial court based its conclusion following section 112.3143 (3), Florida Statutes (2013) which provides
Court of Appeals for the Eleventh Circuit | Filed: Mar 13, 2013 | Docket: 535863
Published
involving SSI. This presumably stems from section 112.3143(3)(a) of
the Florida Statutes, which provides
Florida Attorney General Reports | Filed: Jul 19, 2011 | Docket: 3255083
Published
present a voting conflict of interest under section 112.3143, Florida Statutes, if the law firm's clients
Florida Attorney General Reports | Filed: Jul 23, 2008 | Docket: 3258977
Published
012, Florida Statutes, read together with section 112.3143, Florida Statutes, which, prior to the 1984
Florida Attorney General Reports | Filed: Apr 30, 2004 | Docket: 3255223
Published
interest, for agency officers and employees. Section 112.3143(3)(a), Florida Statutes, provides:
"No county
Florida Attorney General Reports | Filed: Sep 4, 1996 | Docket: 3256781
Published
appear to be analogous to that prescribed in section 112.3143(4), Florida Statutes. This section recognizes
Florida Attorney General Reports | Filed: Aug 19, 1994 | Docket: 3258829
Published
would appear, however, that the prohibition in section 112.3143, Florida Statutes, relates to those instances
Florida Attorney General Reports | Filed: Sep 5, 1990 | Docket: 3256390
Published
for damages or injury).
3 Supra at n. 1.
4 Section 112.3143(3), F.S. (1985), was the statute which Ms
Florida Attorney General Reports | Filed: Jul 14, 1986 | Docket: 3255616
Published
BODY FROM TAKING ANY ACTION ON THAT MEASURE?
Section 112.3143(3), F.S., provides:
No county, municipal
