Florida Administrative Code (Last Updated: November 11, 2024) |
34. Commission on Ethics |
D34. Departmental |
34-13. Gifts And Honoraria |
1(1) Each lobbyist who lobbies a reporting individual’s or procurement employee’s agency, or the partner, firm, employer, or principal of such a lobbyist, who makes or directs another to make a gift having a value in excess of $25 but not in excess of $100 to a reporting individual or procurement employee of that agency, shall file a report of the gift on or before the last day of the calendar quarter following the calendar quarter in which the gift was made.
83(2) Each political committee or vendor which makes or directs another to make a gift having a value in excess of $25 but not in excess of $100 to a reporting individual or procurement employee shall file a report of the gift on or before the last day of the calendar quarter following the calendar quarter in which the gift was made.
145(3) The reports required under this rule shall contain, for each individual gift:
158(a) A description of the gift;
164(b) The monetary value of the gift;
171(c) The name and address of the person making the gift;
182(d) The name and address of the recipient of the gift; and
194(e) The date the gift was given.
201(4) In addition, the donor must notify the intended recipient at the time the gift is made that the donor, or another on the donor’s behalf, will report the gift as provided in this rule.
236(5) The Commission shall promulgate CE Form 30, Donor’s Quarterly Gift Disclosure, for use in making the disclosures required under this rule. CE Form 30 shall be filed with the Commission on Ethics, except with respect to gifts to reporting individuals of the legislative branch, in which case the form shall be filed with the Office of Legislative Services.
295(6) Under this rule, a gift need not be reported by more than one person or entity. In addition, no Form 30 is required to be filed for any calendar quarter in which a reportable gift was not given.
334(7) The reports required under this rule do not apply:
344(a) To any gift from a relative of a reporting individual or procurement employee to that individual or employee.
363(b) To any gift from an entity of the legislative or judicial branch, a department or commission of the executive branch, a county, a municipality, an airport authority, a water management district created pursuant to Section 399373.069, F.S., 401the South Florida Regional Transportation Authority, or a school board.
411(c) To any gift from a direct-support organization specifically authorized by law to support a governmental entity to a reporting individual or procurement employee of that governmental entity.
439(d) To any gift which the donor knows will be accepted on behalf of a governmental entity or charitable organization.
459(8) A donor is obligated to disclose any gift reportable under this rule that was subject to disclosure at the time it was given, regardless of whether the donor is a lobbyist, is the partner, firm, employer, or principal of a lobbyist, or is a political committee or vendor at the time the quarterly disclosure statement should be filed.
518(9) Where a gift is provided by multiple donors, one or more of whom is a person or entity subject to the quarterly disclosure required under this rule, the donor’s contribution to the gift must be disclosed if the portion of the gift’s value attributable to that donor exceeds $25.
568Rulemaking Authority 570112.322(9)(b) FS. 572Law Implemented 574112.3148 FS. 576History–New 4-16-92, Amended 2-27-95, 7-30-00, 10-7-04, 1-11-16.