53ER03-66. Code of Ethics (Replaced by 53ER07-8)

(1) All employees of the Florida Lottery are subject to the provisions of Chapter 112, Part III, F.S., Chapter 24, F.S., and rules promulgated thereunder. Where there are differences between this rule and the statute, the stricter provisions will apply.

(2) Gifts.

(a) Employees shall not solicit or accept gifts, loans, rewards, promises of future employment, favors, or services of any value that are given in order to influence the employee’s official action or judgment.

(b) No employee shall knowingly accept any gift, gratuity, favor, entertainment, lodging, transportation, loan or any other thing of monetary value that is valued at over $25.00. There are four limited exceptions:

1. Gifts from relatives (gifts can be accepted from relatives, as defined by Chapter 112, F.S., regardless of value).

2. Gifts (including but not limited to birthday and/or anniversary gifts and gifts of hospitality) received from personal friends in the ordinary course of friendship, regardless of value, can be accepted, provided that any such personal friend is not:

a. A lobbyist of the Lottery; or

b. The partner, firm member, employer, employee or principal of a lobbyist of the Lottery; or

c. A person having a special pecuniary interest (either individually or through a corporation or organization) in a matter pending before the Lottery; or

d. A person who (either individually or through a corporation or organization) provides goods or services to the Lottery under contract or agreement; or

e. A person who (either individually or through a corporation or organization) is seeking such business with the Lottery.

3. On-site consumption of food and refreshment at receptions and/or other events (even if valued at over $25.00), provided the employee’s attendance at such event is an appropriate exercise of the employee’s official duties.

4. Gifts (regardless of value) accepted on behalf of a governmental entity or charitable organization, or for which a public purpose can be shown, provided the Lottery ethics officer has approved such acceptance.

The above four limited exceptions do not authorize the acceptance of any gift that is otherwise prohibited by Chapter 112, F.S.

(c) All employees shall file with the Secretary of State on the last day of each calendar quarter, for the previous calendar quarter, a list of permissible gifts accepted by the employee that he or she believes to be in excess of $25 in value (excluding gifts from relatives and gifts from friends) and gifts of $25 or less received from any of the following persons:

1. A lobbyist of the Lottery; or

2. The partner, firm member, employer, employee or principal of a lobbyist of the Lottery; or

3. A person having a special pecuniary interest (either individually or through a corporation or organization) in a matter pending before the Lottery; or

4. A person who (either individually or through a corporation or organization) provides goods or services to the Lottery under contract or agreement; or

5. A person who (either individually or through a corporation or organization) is seeking such business with the Lottery.

An employee need not file a statement for gifts of nominal value under $2.00 or if no gifts have been received during the applicable calendar quarter. Employees should avoid accepting gifts from a person with such frequency as would engender feelings of good will or indebtedness that might consciously or unconsciously affect the employee’s official actions.

(d) All “reporting individuals” and “procurement employees,” as defined in Section 112.3148, F.S., continue to be subject to the reporting requirement for gifts in excess of $100, including lodging and meals, from all non-relatives.

(e) For purposes of this rule, “gift” means anything accepted by a person or on that person’s behalf, whether directly or indirectly, for that person’s benefit and for which no payment is made including:

1. Real property or the use thereof; or

2. Tangible or intangible personal property or the use thereof; or

3. Preferential rate or terms on a transaction not available to others similarly situated; or

4. Forgiveness of a debt; or

5. Transportation, lodging or parking; or

6. Food or beverage; or

7. Dues, fees and tickets; or

8. Plants and flowers; or

9. Personal services for which a fee is normally charged; or

10. Any other thing or service having an attributable value.

(f) For purposes of this rule, “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; or

2. Contributions reported pursuant to Chapter 106, F.S., campaign-related personal services provided by individuals volunteering their time, or any other contribution or expenditure by a political party; or

3. An honorarium or expense related to an honorarium event paid to a person or the person’s spouse; or

4. An award, plaque, certificate or similar personalized item given in recognition of the donee’s public, civic, charitable or professional service; or

5. Honorary membership in a service or fraternal organization presented as a courtesy by the organization; or

6. Use of a public facility for a public purpose made available by a governmental agency; or

7. Transportation provided by an agency in relation to officially approved governmental business; or

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 staff of a governmental agency that is a member of the organization.

(g) Employees shall not solicit anything of value to the employee, based upon any understanding that the official action or judgment of the employee would be influenced thereby.

(h) Employees, their spouses and minor children shall not accept any compensation, payment or thing of value when they know or should know that it was given to influence the official action of the employee.

(3) Other Restrictions During Employment with the Lottery.

(a) Employees shall not use or attempt to use their positions to gain special privileges, benefits or exemptions for themselves or others.

(b) Employees shall not disclose or use information not available to the public and obtained by reason or their public positions for the personal benefit of themselves or others.

(c) Employees shall not solicit or accept an honorarium that is related to their public office or duties.

(d) Employees acting as purchasing agents shall not directly or indirectly purchase, rent, or lease any realty, goods or services for the Lottery from a business in which the employee or the employee’s spouse or child owns more than a 5% interest.

(e) Employees acting in a private capacity shall not rent, sell or lease realty, goods or services to the Lottery.

(f) Employees shall not accept employment that would create a conflict of interest between their private interests and the performance of their public duties, or accept other employment with any business entity subject to regulation by, or doing business with, the Lottery.

(g) Employees having decisionmaking authority shall not participate in any decision involving a vendor or retailer with whom they have a financial interest.

(h) Employees having decisionmaking authority shall not participate in any decision involving a vendor or retailer with whom they have discussed employment opportunities, without the prior approval of the Secretary.

(i) No employee shall have any interest, financial or otherwise, direct or indirect, engage in any business transaction or professional activity, or incur any obligation of any nature, which is in potential or substantial conflict with the full and competent performance of the employee’s duties in the public interest.

(j) Purchase of lottery tickets by employees or any relatives residing in their household is strictly prohibited.

(4) Post-Employment Restrictions.

(a) Employees employed by the Lottery on or after July 1, 1989, who have authority over policy or procurement shall not, for a period of two (2) years after retirement or termination, personally represent another person or entity for compensation before the Department, unless employed by another agency of state government.

(b) Employees shall not, for a period of two (2) years after retirement or termination, hold any employment or contractual relationship with a business entity other than a state agency in connection with any contract for contractual services that was within the employee’s responsibility while employed by the Lottery.

(c) No employee who leaves the Lottery shall represent any vendor or retailer before the Lottery regarding any specific matter in which the employee was involved while employed by the Lottery, for a period of one (1) year following cessation of employment with the Lottery.

(5) Statement of Financial Interests. A statement of financial interests shall be submitted on forms prescribed by the Commission on Ethics within thirty (30) days after employment, and by July 1 of each year thereafter, by all executive and senior staff; all district managers; all managers one level below director; in financial management, managers two levels below director; and specified purchasing and marketing staff.

(6) All employees shall receive Code of Ethics training upon appointment and thereafter on an annual basis.

(7) This emergency rule shall replace Emergency Rule 53ER03-33, F.A.C.

Specific Authority 24.105(20), 24.109(1) FS. Law Implemented 24.105(20), 24.105(19)(b), (c), 24.116(2), Chapter 112, Part III FS. History–New 12-19-03, Replaces 53ER03-33, F.A.C.