34-13.130. General Statement of the Law Regarding Gifts, Things of Value, Honoraria, and Honorarium Event Related Expenses

The Code of Ethics contains both provisions that prohibit soliciting, giving, or accepting certain gifts, honoraria, and honorarium event related expenses and provisions that require the public disclosure of gifts, honoraria, and honorarium event related expenses under certain circumstances.

(1) All public officers, public employees, local government attorneys, candidates, and others as designated by law, are subject to the prohibition in Section 112.313(2), F.S., against soliciting or accepting anything of value based upon any understanding that their official action would be influenced thereby.

(2) All public officers, local government attorneys, public employees, and others as designated by law, and their spouses and minor children, are subject to the prohibition in Section 112.313(4), F.S., against accepting any thing of value when they know or should know that it is given to influence their official action.

(3) All public officers and employees, and others as designated by law, are subject to the prohibition in Section 112.313(7), F.S., against having certain conflicting employment or contractual relationships. While the acceptance of a gift will not usually create an employment or contractual relationship, the acceptance of an honorarium or the payment of expenses related to an honorarium event may constitute an employment or contractual relationship which could create a prohibited conflict of interest pursuant to Section 112.313(7), F.S. For example, if you are hired on a long-term contract to have a recurring requirement to speak at certain events, that could present a conflict under Section 112.313(7), F.S.

(4) In addition, persons who are classified as “reporting individuals” or as “procurement employees” are subject to the extensive prohibitions and disclosure requirements in Sections 112.3148, 112.31485, and 112.3149, F.S., that pertain to receiving gifts, honoraria, and expenses related to an honorarium event. The rules of this chapter are primarily intended to assist in the interpretation of these prohibitions and disclosures. Reporting individuals and procurement employees are also subject to the ban in Section 112.3215, F.S., on accepting expenditures, which is addressed in Chapter 34-12, F.A.C.

(5) Lobbyists, the employers and principals of lobbyists, the partners and firms of lobbyists, political committees, and vendors doing business with the agency of a reporting individual or procurement employee also are subject to the extensive prohibitions and disclosure requirements in Sections 112.3148, 112.31485, and 112.3149, F.S., that pertain to giving gifts, honoraria, and expenses related to an honorarium event. Lobbyists and the principals of lobbyists are also subject to the ban in Section 112.3215, F.S., on making expenditures, which is addressed in Chapter 34-12, F.A.C.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.313, 112.3148, 112.31485, 112.3149 FS. History–New 4-16-92, Amended 2-27-95, 1-11-16.