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Backup Documents 04/24/2018 Item #11C , _....„ -- alt; Michelle Anchors ! ,y471,-3'- ze, `v. Virlindia Doss Chair Executive Director Michael Cox4.es'' Vice Chair C.Christopher Anderson,III Jason David Berger General Counsel./ Daniel Brady,Ph.D. State of Florida Deputy Executive Director Matthew J. Carson COMMISSION ON ETHICS P.O.Drawer 15709 (850)488-7864 Phone Ashley Coone Tallahassee,Florida 32317-5709 (850)488-3077(FAX) Guy W.Norris325 oad www.ethics.state.fl.us Kimberly Bonder Rezanka Building dohn Knox R200 E,Suite 200 Tallahassee,Florida 32303 "A Public Office is a Public Trust" , 4 ,S ctoo,d,-14•-. tr&Aite, ,4‘; -4,,- April 17, 2018 /410 f j Mr. William L. McDaniel, Jr. ��,� 1 1 Vice-Chairman Collier County Commission Transmitted via email to bill.mcdaniel@colliercountyfl.gov Re: Your inquiry received via email March 16, 2018 and supplemented April 3 and April 13, 2018 Dear Commissioner McDaniel: This letter is the response to the above-referenced inquiry. In the email dated March 16, 2018, and supplemented by additional information you, and your aide (on your behalf), have provided, you write that you are a member of the Board of County Commissioners for Collier County, and that you have a 50%ownership interest in an outdoor recreational park located in Hendry County that has been in operation for over five years (the "Park"). You relate that the Board of County Commissioners (the "Board") is considering creating an outdoor recreation park in Collier County(the "Proposed Park"). Your aide has advised me that one of the potential sites for the Proposed Park is currently a holding area for dredging and is located 15 miles from the Park. You state that an ad-hoc advisory committee has been established to advise the Board regarding the creation and location of the Proposed Park. You also state that all of the sites under consideration for the Proposed Park are within Collier County, and that your Park is located approximately half a mile from the Collier County line. You also write that three measures have come before the Board regarding the Proposed Park, and that you voted in favor of two of the measures, and abstained on one of the votes. You state that you are unsure of whether you are required to abstain on measures concerning the Proposed Park. You inquire, therefore, whether you are required to abstain from voting on any measure that comes before the Board pertaining to the Proposed Park. The provision of the Code of Ethics relevant to your first inquiry is Section 112.3143(3)(a),Florida Statutes,which provides: r � Commissioner William L. McDaniel, Jr. 11C April 17, 2018 Page 2 VOTING CONFLICTS.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. Section 112.3143(3)(a), Florida Statutes,prohibits a local public officer from voting whenever the measure under consideration would inure to his own special private gain or loss, to that of any principal by whom he is retained, or to that of a relative or business associate of the public officer, or to that of any other person or entity listed in the statute. The law requires a declaration of interest, abstention from voting and the filing of a memorandum(CE Form 8B) as to such measures. Section 112.3143(1)(d), Florida Statutes, defines special private gain or loss: "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. ♦ I 1 1 C Commissioner William L. McDaniel, Jr. April 17, 2018 Page 3 A voting conflict would be created for you as a County Commissioner if a measure would affect the economic value of the Park.1 However, when determining whether "special private gain or loss" will occur, the definition referenced above specifies several factors that must be considered, including 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." The Commission has consistently interpreted Section 112.3143(3)(a)to find that no special private gain or loss exists in situations where any gain or loss to a public officer would be remote or speculative. See, for example, CEO 06-20 (county commissioner not presented with a voting conflict regarding measures concerning a proposed county judicial complex located two blocks away from property owned by the commissioner's company), CEO 05-2 (village workplace/affordable housing committee member not presented with a voting conflict when voting on mobile home park measures where she operated a mobile home park not located within the village's mobile home zoning district), CEO 85-87 (city council member who was a vice- president of a bank was not prohibited from voting on the sale and redevelopment of property located one block from the main office of the bank), CEO 85-77 (school board member not presented with a voting conflict regarding matters related to the use of school district property where he owned a clothing store near the site of the proposed school complex), CEO 85-54 (county commissioner was not prohibited from voting on a developer's site plan where the commissioner owned land over two miles from the development project), and CEO 79-66(board of adjustment member was not presented with a voting conflict regarding a variance request opposed by a homeowner's association of which he was president where his personal residence was situated one-mile from the subject property). Here,the closest potential site for the Proposed Park is located 15 miles from the Park, and all of the sites under consideration are located within Collier County.2 In addition,the Park is located in Hendry County, and not within Collier County where the Proposed Park will be located. Under the circumstance presented in your inquiry, therefore, it appears that any economic benefit to the Park (your interest) from the creation of the Proposed Park is remote or speculative. For this reason, Section 112.3143(3)(a), Florida Statutes, apparently will not prohibit you from voting on measures concerning the Proposed Park. ' This response assumes that the Park is the only economic interest of yours, or of any other persons or entities connected to you as listed in Section 112.3143(3)(a), at issue. If this is not so, please contact me further. 2 If I have misunderstood any facts of your situation, please let me know. A1C Commissioner William L. McDaniel, Jr. April 17, 2018 Page 4 If the facts of your situation change in a material way, please contact us for further guidance. If you do so,please reference this letter. Feel free to contact me if you have any questions. Sincerely, goldt 01 /Could, John M. Knight Staff Attorney Florida Commission on Ethics