CEO 85-12 -- January 24, 1985

CONFLICT OF INTEREST; VOTING CONFLICT

STATE REPRESENTATIVE SERVING AS PRESIDENT OF MOBILE HOME OWNERS ASSOCIATION AND PARTICIPATING IN MOBILE HOME OWNERS LEGISLATION

To: The Honorable Harry Jennings, State Representative, District 69

SUMMARY:

No prohibited conflict of interest or voting conflict of interest would be created were a state representative to sponsor or vote on legislation relating to mobile home owners while serving as the president of a statewide mobile home owners association. CEO's 77-129, 79-66 and 80-7 are referenced.

QUESTION:

Would a prohibited conflict of interest or a voting conflict of interest be created were you, a State Representative, to sponsor or vote on legislation relating to mobile home owners while serving as the president of a statewide mobile home owners association?

Your questions are answered in the negative.

In your letter of inquiry you advise that recently you were elected to serve as a member of the Florida House of Representatives. You also advise that you are the president of a statewide mobile home owners association, in which capacity you serve as a volunteer and receive no type of compensation. The association has supported and lobbied for passage of mobile home related legislation, you advise, and you have served as a volunteer lobbyist promoting this type of legislation. You question whether you may sponsor or vote on legislation related to mobile home owners while retaining your position with the association.

In our view, these questions can be answered by reference to our previous opinions CEO's 77-129 and 80-7, concerning State Representatives whose law firms represented condominium associations and banks. In addition, we note that as you receive no compensation for serving as president of the association, the association is not a principal by whom you are retained. See CEO 79-66. For this reason, also, we find that you would not be presented with a voting conflict of interest were you to vote on legislation relating to mobile home owners.

Accordingly, we find that no prohibited conflict of interest or voting conflict of interest would be created were you to sponsor or vote on legislation relating to mobile home owners while serving as president of a statewide mobile home owners association. In addition, we would suggest that you contact the House Committee on Ethics and Elections for advice on the application of House Rules to your situation.