The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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F.S. 112.3143

112.3143 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.

F.S. 112.3143 on Google Scholar

F.S. 112.3143 on Casetext

Amendments to 112.3143

Arrestable Offenses / Crimes under Fla. Stat. 112.3143

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.3143.

Annotations, Discussions, Cases:

Cases from cite.case.law:

INDIAN CREEK COUNTRY CLUB, INC. v. INDIAN CREEK VILLAGE,, 211 So. 3d 230 (Fla. Dist. Ct. App. 2017)

. . . The trial court based its conclusion following section 112.3143 (3), Florida Statutes (2013) which provides . . . What is considered a threshold “private gain or loss” is also set forth in section 112.3143(d)(1), (2 . . . principal and, if so, the nature or degree of the economic benefit or harm must also be considered. § 112.3143 . . .

PORT EVERGLADES PILOTS ASSOCIATION, v. FLORIDA- CARIBBEAN CRUISE ASSOCIATION,, 170 So. 3d 952 (Fla. Dist. Ct. App. 2015)

. . . Section 120.665, Florida Statutes (2014), provides as follows: (1)Notwithstanding the provisions of s. 112.3143 . . .

UNITED STATES v. NELSON,, 712 F.3d 498 (11th Cir. 2013)

. . . This presumably stems from section 112.3143(3)(a) of the Florida Statutes, which provides that no “public . . .

WASSERSTROM, v. STATE, 21 So. 3d 55 (Fla. Dist. Ct. App. 2009)

. . . Stat. s. 112.3143. . . . Stat. s. 112.3143. . . .

FLORIDA WATER SERVICES CORPORATION, v. M. ROBINSON,, 856 So. 2d 1035 (Fla. Dist. Ct. App. 2003)

. . . Disqualification of agency personnel (1) Notwithstanding the provisions of s. 112.3143, any individual . . .

GEORGE L. W. O. v. CITY OF COCOA, FLORIDA, 78 F.3d 494 (11th Cir. 1996)

. . . StatAnn. § 112.3143(3)(a) (West 1995); it provides that “[n]o county, municipal, or other local public . . . Monroe County, 448 So.2d 1170, 1173 n. 8 (Fla.App. 3 Dist.1984) (explaining that § 112.3143 does not . . . If a “special private gain” under § 112.3143(3)(a) is limited to a financial gain, then Stone’s vote . . . The district court, however, stated that it would be “inappropriate” to limit the application of § 112.3143 . . . Moreover, any interpretation of § 112.3143(3)(a) that disqualifies an elected official’s vote on a matter . . .

BAY BANK TRUST COMPANY, Jr. III, v. LEWIS,, 634 So. 2d 672 (Fla. Dist. Ct. App. 1994)

. . . Subsection 120.71(1), Florida Statutes (1993), provides in part: (1) Notwithstanding the provisions of s. 112.3143 . . .

CHAVEZ, v. CITY OF TAMPA,, 560 So. 2d 1214 (Fla. Dist. Ct. App. 1990)

. . . complaint with the commission alleging that the appellant’s tie-breaking vote had violated section 112.3143 . . . section, part of the Code of Ethics, proscribes voting for private gain in the following language: 112.3143 . . . hearing officer concluded that only a vote on the ordinance itself would constitute violation of section 112.3143 . . . In the words of section 112.3143(3), “no ... local public officer shall vote in his official capacity . . .

UNITED STATES v. ITALIANO,, 837 F.2d 1480 (11th Cir. 1988)

. . . At times material herein, Florida Statute § 112.3143 required disclosure of the nature of any personal . . .

UNITED STATES v. O KEEFE, Jr. UNITED STATES v. MONTGOMERY, T. O, 825 F.2d 314 (11th Cir. 1987)

. . . Under the Florida law then in effect, FSA § 112.3143, a public official may vote on any matter in which . . .

IZAAK WALTON LEAGUE OF AMERICA, v. MONROE COUNTY, 448 So. 2d 1170 (Fla. Dist. Ct. App. 1984)

. . . appears to be, a possible conflict of interest under the provisions of s. 112.311, s. 112.313, or s. 112.3143 . . . In such cases said member shall comply with the disclosure requirements of s. 112.3143. . . . Therefore, in the absence of any applicable provision of law which would override policy established by § 112.3143 . . . from voting only if there is or appears to be a conflict or interest under §§ 112.311, 112.313, or 112.3143 . . .

FLORIDA GULF HEALTH SYSTEMS AGENCY, INC. v. COMMISSION ON ETHICS, 354 So. 2d 932 (Fla. Dist. Ct. App. 1978)

. . . OFFICERS” FOR PURPOSES OF THE VOTING CONFLICT OF INTEREST PROVISIONS OF THE CODE OF ETHICS (SECTION 112.3143 . . .