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Item P2BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4/17/2013 — KW Division: County Attorney Bulk Item: Yes X No Staff Contact Person: Bob Shillinger, 292-3470 AGENDA ITEM WORDING: Approval of a resolution amending Resolution No. 094-2013 to prohibit all Monroe County Restore Act Advisory Committee members, including government agency members, from voting on projects that benefit their agencies. ITEM BACKGROUND: On 2/20/2013 the Board adopted Resolution No. 094-2013 creating the Monroe County Restore Act Advisory Committee and establishing their purpose, duties and responsibilities, and membership of the Committee. On 3/20/2013, the BOCC approved six (6) appointees/members to the Committee. F.S. 112.3143(3)(a), as defined in s. 112.312(2), allows local government to exceed the minimums set forth in Chapter 112. Realizing the Committee will be comprised of both government and non -government agency members, the Board voted to impose an additional restriction prohibiting all members of the Committee from voting on projects that benefit their agencies notwithstanding F.S. 112.3143(3)(a). This resolution amends Resolution No. 094-2013 to include this additional restriction. PREVIOUS RELEVANT BOCC ACTION: 2/20/2013 BOCC adopted Resolution No. 094-2013 3/20/2013 BOCC voted to prohibit all members of the Monroe County Restore Act Committee from voting on projects that benefit their agencies CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No xx AMOUNT PER MONTH Year APPROVED BY: County Atty /`C OMB/Purchasing Risk Management _ DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 RESOLUTION NO. -2013 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING RESOLUTION NO. 094-2013 TO PROHIBIT ALL MONROE COUNTY RESTORE ACT ADVISORY COMMITTEE MEMBERS, INCLUDING GOVERNMENT AGENCY MEMBERS, FROM VOTING ON PROJECTS THAT BENEFIT THEIR AGENCIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 20, 2013 the Board of County Commissioners of Monroe County, Florida (hereafter "Board") adopted Resolution No. 094-2013 creating the Monroe County Restore Act Advisory Committee (hereafter "Committee"); and WHEREAS, Resolution No. 094-2013 further established the purpose, duties and responsibilities and membership of the Committee; and WHEREAS, the Board approved six (6) appointees/members to the Committee at their regularly scheduled meeting held March 20, 2013; and WHEREAS, F.S. 112.3143(3)(a), as defined in s. 112.312(2), allows local government to exceed the minimums set forth in Chapter 112; and WHEREAS, the Committee is comprised of both government and non -government agency members, on March 20, 2013 the Board voted to impose an additional restriction to prohibit all members of the Committee, including government agency members, from voting on projects that benefit their agencies notwithstanding F.S. 112.3143(3)(a); and WHEREAS, this Resolution is intended to formalize the decision made by the Board on March 20, 2013; now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 4. Meetings and Voting 5) is hereby amended to read: 5) A majority of the members shall constitute a quorum for the purpose of conducting business. Each member shall exercise one vote on all matters subject to a vote of the Committee. All matters shall be decided by a majority vote of the members present. No member shall abstain from voting unless the member has a conflict of interest. All members, including government agency members are prohibited from voting on projects that benefit their agencies, notwithstanding F.S. 112.3143(3)(a), as defined in s. 112.312(2), which allows local government to exceed the minimums set forth in Chanter 112. Page 1 of 2 Res amend Res 094-2013 Restore Act Prohibit all members voting conflict (inc. gov) BOCC 4/17/13 (kp 3 20 13) Section 2. Effective Date This Resolution shall become effective retroactive to March 20, 2013 pursuant to the Board's public action taken that date to ensure imposition of this additional restriction on any Committee meetings held prior to formal adoption of this amending resolution. Section 3. Municipal Coordination The Clerk is directed to send copies of this Resolution to the Mayors of the five municipalities within the County requesting transmittal to their respective appointee/member and to the six (6) appointees/members approved by the Board on March 20, 2013. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17'h day of April, 2013. (Seal) Attest: Mayor George Neugent Mayor Pro Tem Heather Carruthers Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy Clerk of Court BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Page 2 of 2 Res amend Res 094-2013 Restore Act Prohibit all members voting conflict (inc. gov) BOCC 4117/13 (kp 3 20 13) Mayor MZM)W2M 0 0 ffU rrr ADDITIONAL BACK-UP: Resolution No. 094-2013 F.S. 112.,3143(3)(a) and F.S. 112,9312(2) RESOLUTION NO. 094 - 2013 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA CREATING THE MONROE COUNTY RESTORE ACT ADVISORY COMMITTEE; ESTABLISHING THE PURPOSE OF THE MONROE COUNTY RESTORE ACT ADVISORY COMMITTEE; SETTING FORTH THE DUTIES AND RESPONSIBILITIES OF THE MONROE COUNTY RESTORE ACT ADVISORY COMMITTEE; PROVIDING FOR THE MEMBERSHIP OF THE MONROE COUNTY RESTORE ACT ADVISORY COMMITTEE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Congress passed the "Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012," known as the RESTORE Act, to establish a trust fund for deposits of 80% of administrative and civil penalties exacted from parties responsible for the Deepwater Horizon oil spill for distribution of the funds among the affected states, and WHEREAS, the RESTORE Act requires the U.S. Treasury, in consultation with other federal agencies, establish procedures for passing the fines levied (or the "funds") to the recipients as so designated by the RESTORE Act; WHEREAS, the RESTORE Act specifically allocated 35% of the 80% of the fines collected to be made exclusively to the five Gulf Coast states of Texas, Mississippi, Louisiana, Alabama and Florida, in equal shares; and WHEREAS, Florida's share of the 35% allocation is to be split between the Gulf Coast counties with 75% going to those 8 counties identified as being disproportionate impacted (ie, Escambia, Santa Rosa, Okaloosa, Walton, Bay, Gulf, Franklin, and Wakulla) divided based upon an agreed formula, and 25% of the fines to be allocated to those 15 counties that front on the Gulf Coast, but were non -disproportionately impacted) by the Deepwater Horizon event divided by an established formula; and WHEREAS, Monroe County is identified as one of the 15 non -disproportionately impacted counties and will be the recipient of RESTORE Act funds, should they be distributed; WHEREAS, the RESTORE Act, section 1603 (3) further defines the use and eligible activities for which these funds may be used by the Gulf Coast states for ecological and economic restoration within the Gulf Coast regions, as follows: 1) Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. 2) Mitigation of damage to fish, wildlife, and natural resources. 3) Implementation of a federally approved marine, coastal or comprehensive conservation management plan, including fisheries monitoring. 4) Workforce development and job creation. 5) Improvements to or on State parks located in coastal areas affected by the Deepwater Horizon oil spill. 6) Infrastructure projects benefitting the economy of ecological resources, including port infrastructure. 7) Coastal flood protections and related infrastructure. 8) Planning assistance. 9) Administrative costs of complying with this section, which cannot exceed 3%. WHEREAS, the RESTORE Act, section 1603 (3) additionally defines the use and eligible activities for which these funds may be used by the Gulf Coast states for promotion of tourism and seafood in the Gulf Coast region, as follows: 1) Promotion of tourism in the Gulf Coast Region, including recreational fishing. 2) Promotion of the consumption of seafood harvested from the Gulf Coast Region. WHEREAS, the RESTORE Act empowers the Monroe County Board of County Commissioners with the authority to distribute certain amounts of funds for various purposes and projects as designated by and consistent with the Act; and WHEREAS, the Board of County Commissioners recognizes that it must be prepared to receive, review, and award projects in the best interest of the County, and account for the funds coming to Monroe County; and WHEREAS, the Board of County Commissioners finds that an advisory committee would assist the Board in determining which projects qualify for funding under the Act, and therefore would serve the public interest. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Creation of the Monroe County RESTORE ACT Advisory Committee. The Board of County Commissioners ("BOCC") hereby creates an eleven -member council to be called the Monroe County RESTORE Act Advisory Committee. Section 2. Duties and Responsibilities. The Monroe County RESTORE Act Advisory Committee shall perform the following functions: 1) Establish an application and application procedure for potential projects according to the RESTORE Act eligible activities list, for consideration of funding. 2) Solicit and accept all applications that comply with RESTORE Act eligible activities list. 3) Hold advertised public meetings to encourage and solicit broad based input on the potential projects submitted. 4) Review and rank each proposed projects based upon the guidelines provided in the RESTORE Act, federal rules, community needs, and other relevant factors for the purpose of developing recommendations for consideration of funding to the BOCC. 5) Provide monthly status reports. 6) Prepare and present a ranked project list to the BOCC for review and approval. 7) Utilize any ranking criteria adopted by the BOCC. 8) Follow timelines established by the BOCC for the ranking and recommending projects for approval and any other deadlines set by the BOCC. 9) Work or consult with any technical advisors, firm, coalition, or consultants as directed by the BOCC to carry out the purposed of the Committee. 10) Such other duties as determined by the BOCC. Section 3. Membership 1) The Committee shall consist of eleven (11) members who are residents of Monroe County with the following composition: a. One representative appointed by each of the five County Commissioners. b. One representative appointed by the Monroe County Gulf Consortium Director. c. One representative appointed by The City of Key West. d. One representative appointed by The City of Marathon. e. One representative appointed by The Village of Islamorada. f. One representative appointed by The City of Layton. g. One representative appointed by The City of Key Colony Beach. 2) No member shall receive any personal gain from serving on the RESTORE Committee. As members of an advisory committee, all RESTORE Committee members shall be governed by the standards of conduct provided for in Florida law, including but not limited to, F.S. 112.313 (Ethics Code), F.S. 112.3143 (Voting Conflicts), F.S. 119.07 (Public Records), and F.S. 286.011 (Sunshine Law). 3) All appointments to the Committee shall be for a term of one year. There is no limit to the number of terms. 4) Member vacancies shall be filled in the same manner as the original appointments. 5) Each member of the RESTORE Committee, before entering upon his/her duties, shall take and subscribe the oath or affirmation required by the State Constitution. 6) Each member of the RESTORE Committee shall be deemed to be a local officer as provided in F.S. 112.3145, and shall file a statement of financial interests in compliance with that statute within 30 days of appointment and by July 1st of each year. 7) All members must have experience or expertise in one or more of the following areas: the environment, coastal resources, business development, tourism or economic development. 8) Any member of the Committee may be removed upon the motion of his/her respective governing body making that appointment. Section 4. Meetings and Voting 1) At the organizational meeting and annually thereafter, the members of the RESTORE Committee shall appoint one member to serve as Chair, to preside at all meetings, and one member to serve as Vice -Chair to preside and act on behalf of the Chair in his/her absence, for one-year terms. There shall be no term limits for a member to serve as Chair or Vice -Chair. 2) The County Administrator shall appoint a staff person to assist the Committee. 3) The RESTORE Committee shall meet as often as is necessary in the first 12 weeks for the purposes of orientation, establishing by-laws, electing a Chair and Vice -Chair, developing an application, procedures, and other administrative business necessary to prepare for accepting projects and making recommendations to the Board. Thereafter, the Committee shall establish a schedule of regular meetings, which shall be held at least every other month. 4) The Chair may call a special meeting of the Committee on his or her initiative, or shall call a special meeting at the request of a quorum. 5) A majority of the members shall constitute a quorum for the purpose of conducting business. Each member shall exercise one vote on all matters subject to a vote of the Committee. All matters shall be decided by a majority vote of the members present. No member shall abstain from voting unless the member has a conflict of interest. 6) Committee meetings shall be held in a public facility of sufficient size to accommodate those present and at such location as the Committee may determine from time to time. 7) The Committee shall conduct its meeting in accordance with the current edition of Robert's Rules of Order. 8) Minutes shall be kept at each meeting. The written summary of each meeting shall be submitted for approval of the members at the next regular meeting. Each written summary shall reflect the committee members in attendance, items discussed, each action taken at the meeting, and the vote of the members on each item presented at the meeting. 9) The Committee shall meet within one month after the BOCC approves the members appointed as outlined in Section 3(1). Section 5. Effective Date This Resolution shall become effective immediately upon its adoption. Section 6. Municipal Coordination The Clerk is directed to send copies of this Resolution to the Mayors of the five municipalities within the County. In the event that a municipality does not appoint a representative within 30 days of the adoption of this Resolution or in the event a municipal appointment position is becomes vacant, the County Mayor may appoint an interim committee member who is a resident of that municipality and who shall serve until that municipality appoints a replacement. N PASSED AND ADOPTED by the Board of County Commissioners of MoRhme Cofv-ty,' Florida, at a regular meeting of said Board held on the 2& day of Febru�i,!V, 201' % Q _ -n Mayor George Neugent Yes - o Mayor Pro Heather Carruthers Yen 'J a M Commissioner Danny Kolhage Yes Commissioner David Rice Yes _ -; Commissioner Sylvia Murphy Yes (Seal) AW HEAVILIN, Clerk Monroe ounty Boar of Commissi ners �- � Z. 4A Atte ./ Clerk of Court Mayor MONROE O AT -Ely AP A8 O F �O4tOMTUBB.. YSHKIMIM, JR. Statutes & Constitution :View ... http://www.leg.state.fl.us/STA... Page 1 of 2 Online Sunshine Select Year. 2012 Go The 2012 Florida Statutes Title X Chapter 112 View Entire PUBLIC OFFICERS, EMPLOYEES, PUBLIC OFFICERS AND EMPLOYEES: Chapter AND RECORDS GENERAL PROVISIONS 112.3143 Voting conflicts.-- (1) As used in this section: (a) "Public officer" includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body. (b) "Relative" means any father, mother, son, daughter, husband, wife, brother, sister, father-in- law, mother-in-law, son-in-law, or daughter-in-law. (2) No state public officer is prohibited from voting in an official capacity on any matter. However, any state public officer voting in an official capacity upon any measure which would inure to the officer's special private gain or loss; which 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; 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, 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. (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 http://www.leg.state.fl.us/STA... http://www.leg.state.fl.us/STA... 3/25/2013 Statutes & Constitution :View ... http://www.leg.state.fl.us/STA... Page 2 of 2 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) 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. Copyright © 1995-2013 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state-fl.us/STA... http://www.leg.state.fl.us/STA... 3/25/2013 Statutes & Constitution :View ... http://www.leg.state.fl.us/STA... Page 1 of 4 Online Sunshine The 2012 Florida Statutes Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Select Year.. 2012 • Go Chanter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 112.312 Definitions. —As used in this part and for purposes of the provisions of s. 8, Art. II of the State Constitution, unless the context otherwise requires: (1) "Advisory body" means any board, commission, committee, council, or authority, however selected, whose total budget, appropriations, or authorized expenditures constitute less than 1 percent of the budget of each agency it serves or $100,000, whichever is less, and whose powers, jurisdiction, and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relating to its internal operations. (2) "Agency" means any state, regional, county, local, or municipal government entity of this state, whether executive, judicial, or legislative; any department, division, bureau, commission, authority, or political subdivision of this state therein: or any public school, community college, or state university. (3) "Breach of the public trust" means a violation of a provision of the State Constitution or this part which establishes a standard of ethical conduct, a disclosure requirement, or a prohibition applicable to public officers or employees in order to avoid conflicts between public duties and private interests, including, without limitation, a violation of s. 8, Art. II of the State Constitution or of this part. (4) "Business associate" means any person or entity engaged in or carrying on a business enterprise with a public officer, public employee, or candidate as a partner, joint venturer, corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange, or coowner of property. (5) "Business entity" means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not, doing business in this state. (6) "Candidate" means any person who has filed a statement of financial interest and qualification papers, has subscribed to the candidate's oath as required by s. 99.021, and seeks by election to become a public officer. This definition expressly excludes a committeeman or committeewoman regulated by chapter 103 and persons seeking any other office or position in a political party. (7) "Commission" means the Commission on Ethics created by s. 112.320 or any successor to which its duties are transferred. (8) "Conflict" or "conflict of interest" means a situation in which regard for a private interest tends to lead to disregard of a public duty or interest. (9) "Corruptly" means done with a wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for, any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his or her public duties. (10) "Disclosure period" means the taxable year for the person or business entity, whether based on http://www.leg.state.fl.us/STA... http://www.leg.state.fl.us/STA... 3/25/2013 Statutes & Constitution :View ... http://www.leg.state.fl.us/STA... Page 2 of 4 a calendar or fiscal year, immediately preceding the date on which, or the last day of the period during which, the financial disclosure statement required by this part is required to be filed. (11) "Facts materially related to the complaint at issue" means facts which tend to show a violation of this part or s. 8, Art. II of the State Constitution by the alleged violator other than those alleged in the complaint and consisting of separate instances of the same or similar conduct as alleged in the complaint, or which tend to show an additional violation of this part or s. 8, Art. II of the State Constitution by the alleged violator which arises out of or in connection with the allegations of the complaint. (12)(a) "Gift," for purposes of ethics in government and financial disclosure required by law, means that which is accepted by a donee or by another on the donee's behalf, or that which is paid or given to another for or on behalf of a donee, directly, indirectly, or in trust for the donee's benefit or by any other means, for which equal or greater consideration is not given within 90 days, including: 1. Real property. 2. The use of real property. 3. Tangible or intangible personal property. 4. The use of tangible or intangible personal property. 5. A preferential rate or terms on a debt, loan, goods, or services, which rate is below the customary rate and is not either a government rate available to all other similarly situated government employees or officials or a rate which is available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. 6. Forgiveness of an indebtedness. 7. Transportation, other than that provided to a public officer or employee by an agency in relation to officially approved governmental business, lodging, or parking. 8. Food or beverage. 9. Membership dues. 10. Entrance fees, admission fees, or tickets to events, performances, or facilities. 11. Plants, flowers, or floral arrangements. 12. Services provided by persons pursuant to a professional license or certificate. 13. Other personal services for which a fee is normally charged by the person providing the services. 14. Any other similar service or thing having an attributable value not already provided for in this section. (b) "Gift" does not include: 1. Salary, benefits, services, fees, commissions, gifts, or expenses associated primarily with the donee's employment, business, or service as an officer or director of a corporation or organization. 2. Contributions or expenditures reported pursuant to chapter 106, contributions or expenditures reported pursuant to federal election law, campaign -related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party or affiliated party committee. 3. An honorarium or an expense related to an honorarium event paid to a person or the person's spouse. 4. An award, plaque, certificate, or similar personalized item given in recognition of the donee's public, civic, charitable, or professional service. 5. An honorary membership in a service or fraternal organization presented merely as a courtesy by such organization. http://www.leg.state.fl.us/STA... http://www.leg.state.fl.us/STA... �/75/ant Statutes & Constitution :View ... http://www.leg.state.fl.us/STA... Page 3 of 4 6. The use of a public facility or public property, made available by a governmental agency, for a public purpose. 7. Transportation provided to a public officer or employee by an agency in relation to officially approved governmental business. 8. Gifts provided directly or indirectly by a state, regional, or national organization which promotes the exchange of ideas between, or the professional development of, governmental officials or employees, and whose membership is primarily composed of elected or appointed public officials or staff, to members of that organization or officials or staff of a governmental agency that is a member of that organization. (c) For the purposes of paragraph (a), "intangible personal property" means property as defined in s. 192.001(11)(b). (d) For the purposes of paragraph (a), the term "consideration" does not include a promise to pay or otherwise provide something of value unless the promise is in writing and enforceable through the courts. (13) "Indirect" or "indirect interest" means an interest in which legal title is held by another as trustee or other representative capacity, but the equitable or beneficial interest is held by the person required to file under this part. (14) "Liability" means any monetary debtor obligation owed by the reporting person to another person, entity, or governmental entity, except for credit card and retail installment accounts, taxes owed unless reduced to a judgment, indebtedness on a life insurance policy owed to the company of issuance, contingent liabilities, or accrued income taxes on net unrealized appreciation. Each liability which is required to be disclosed by s. 8, Art. II of the State Constitution shall identify the name and address of the creditor. (15) "Material interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. For the purposes of this act, indirect ownership does not include ownership by a spouse or minor child. (16) "Materially affected" means involving an interest in real property located within the jurisdiction of the official's agency or involving an investment in a business entity, a source of income or a position of employment, office, or management in any business entity located within the jurisdiction or doing business within the jurisdiction of the official's agency which is or will be affected in a substantially different manner or degree than the manner or degree in which the public in general will be affected or, if the matter affects only a special class of persons, then affected in a substantially different manner or degree than the manner or degree in which such class will be affected. (17) "Ministerial matter" means action that a person takes in a prescribed manner in obedience to the mandate of legal authority, without the exercise of the person's own judgment or discretion as to the propriety of the action taken. (18) "Parties materially related to the complaint at issue" means any other public officer or employee within the same agency as the alleged violator who has engaged in the same conduct as that alleged in the complaint, or any other public officer or employee who has participated with the alleged violator in the alleged violation as a coconspirator or as an aider and abettor. (19) "Person or business entities provided a grantor privilege to operate" includes state and federally chartered banks, state and federal savings and loan associations, cemetery companies, insurance companies, mortgage companies, credit unions, small loan companies, alcoholic beverage licensees, pari-mutuel wagering companies, utility companies, and entities controlled by the Public http://www.leg.state.fl.us/STA... http://www.leg.state.fl.us/STA... 3/25/2013 Statutes & Constitution :View ... http://www.leg.state.fl.us/STA... Page 4 of 4 Service Commission or granted a franchise to operate by either a city or county government. (20) "Purchasing agent" means a public officer or employee having the authority to commit the expenditure of public funds through a contract for, or the purchase of, any goods, services, or interest in real property for an agency, as opposed to the authority to request or requisition a contract or purchase by another person. (21) "Relative," unless otherwise specified in this part, means an individual who is related to a public officer or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in- law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, person who is engaged to be married to the public officer or employee or who otherwise holds himself or herself out as or is generally known as the person whom the public officer or employee intends to marry or with whom the public officer or employee intends to form a household, or any other natural person having the same legal residence as the public officer or employee. (22) "Represent" or "representation" means actual physical attendance on behalf of a client in an agency proceeding, the writing of letters or filing of documents on behalf of a client, and personal communications made with the officers or employees of any agency on behalf of a client. (23) "Source" means the name, address, and description of the principal business activity of a person or business entity. (24) "Value of real property" means the most recently assessed value in lieu of a more current appraisal. History.—s. 2, ch. 67-469; ss. 11, 12, ch. 68-35; s. 8, ch. 69-353; s. 2, ch. 74-177; s. 1, ch. 75-196; s. 1, ch. 75-199; s. 3, ch. 75-208; s. 4, ch. 76-18; s. 1, ch. 77-174; s. 2, ch. 82-98; s. 1, ch. 83-282; s. 2, ch. 90-502; s. 2, ch. 91-85; s. 3, ch. 91-292; s. 699, ch. 95-147; s. 1, ch. 96-328; s. 1, ch. 2000-243; ss. 28, 30, ch. 2011-6; s. 75, ch. 2011-40; HJR 7105, 2011 Regular Session. Copyright © 1995-2013 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/STA... http://www.leg.state.fl.us/STA... 3/25/2013