The proposed rule amendments to Chapter 34-13 eliminate obsolete, redundant, or unnecessary rule provisions; correct grammatical errors; update and simplify existing rule provisions; and correct statutory references.

 

COMMISSION ON ETHICS

RULE NOS.:RULE TITLES:

34-13.100Purpose

34-13.110Organization of Rule Chapter

34-13.120Persons Who Are Subject to the Law

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

34-13.140General Considerations for Public Officers, Employees, and Candidates Who Are Reporting Individuals or Procurement Employees

34-13.150General Considerations for Public Officers and Employees Who Are Not Reporting Individuals or Procurement Employees

34-13.160General Considerations for Lobbyists, Their Partners, Firms, Employers, and Principals, and Political Committees and Committees of Continuous Existence

34-13.210General Definition of "Gift."

34-13.214Specific Examples of What Does Not Constitute a Gift

34-13.250Procurement Employee Defined

34-13.270Reporting Individual Defined

34-13.300Prohibition Against Soliciting Gifts

34-13.310Prohibitions Against Accepting and Giving Gifts

34-13.320Exceptions to Prohibitions Against Accepting and Giving Gifts

34-13.400Quarterly Gift Disclosure for Reporting Individuals and Procurement Employees

34-13.410Annual Gift Disclosures for Reporting Individuals and Procurement Employees

34-13.420Quarterly Gift Disclosure for Lobbyists and Others

34-13.500Gift Valuation

34-13.620Prohibition Against Accepting Honoraria

34-13.630Prohibition Against Providing Honoraria

34-13.710Disclosures by Reporting Individuals and Procurement Employees

PURPOSE AND EFFECT: The proposed rule amendments to Chapter 34-13, F.A.C., eliminate obsolete, redundant, or unnecessary rule provisions; correct grammatical errors; update and simplify existing rule provisions; and correct statutory references.

SUMMARY: The rules prescribe the circumstances in which public officers and employees can, and cannot, accept gifts or honorarium:

Rule 34-13.100, F.A.C. - Amendments clarify that Chapter 34, F.A.C., applies to local government attorneys, reference that the Commission can utilize provisions in the chapter when it receives referrals, and correct grammatical errors.

Rule 34-13.110, F.A.C. - Being repealed as its entire purpose is to reference the “Parts” of Chapter 34-13, F.A.C., and the structure of the Florida Administrative Code no longer lends itself to division of rule chapters into “Parts.”

Rule 34-13.120, F.A.C. - Amendments clarify that pertinent laws can be triggered when “things of value” are given, that in certain circumstances the gift laws are applicable to persons other than public officers or employees, and incorporate recent statutory changes pertaining to vendors and committees of continuous existence.

Rule 34-13.130, F.A.C. - Amendments clarify that pertinent laws can be triggered when "things of value" are given, incorporate recent statutory changes pertaining to vendors and committees of continuous existence, relate that additional gift restrictions may apply under Sections 112.31485 and 112.3215, F.S., and indicate that certain gift laws extend to individuals besides public officers and public employees.

Rule 34-13.140, F.A.C. - Amendments reflect gift prohibitions recently added in Section 112.31485, F.S., incorporate recent statutory changes pertaining to vendors and committees of continuous existence, eliminate outdated reference to "Parts" of the Florida Administrative Code, and add relevant statutes to the Rulemaking Authority.

Rule 34-13.150, F.A.C. - Amendment adds relevant statute to the Rulemaking Authority.

Rule 34-13.160, F.A.C. - Amendments reflect prohibitions recently added in Section 112.31485, F.S., eliminate outdated references to “Parts” of the Florida Administrative Code, and incorporate recent statutory changes related to vendors and committees of continuous existence.

Rule 34-13.210, F.A.C. - Amendments reflect that Section 112.3148. F.S. defines a “gift” differently than Section 112.31485. F.S..

Rule 34-13.214, F.A.C. - Amendment indicates the section refers only to those examples of exclusions to the definition of a "gift" that are found in Section 112.3148, F.S.

Rule 34-13.250, F.A.C. - Amendment corrects a statutory reference to Section 287.012, F.S.

Rule 34-13.270, F.A.C. - Amendments indicate the requirement to file a financial disclosure may be found in laws including, but not limited to, the Florida Constitution and Chapter 112, F.S., and adds Section 112.31485, F.S., as rulemaking authority.

Rule 34-13.300, F.A.C. - Amendments incorporate recent statutory changes pertinent to vendors and committees of continuous existence.

Rule 34-13.310, F.A.C. - Amendments incorporate recent statutory changes pertinent to vendors and committees of continuous existence, and reflect prohibitions recently added in Section 112.31485, F.S.

Rule 34-13.320, F.A.C. - Amendments incorporate recent statutory changes pertinent to vendors and committees of continuous existence, clarify that the exceptions mentioned apply only to “gifts” as that term is defined in Section 112.3148, and eliminate references to the dissolved Technological Research and Development Authority.

Rule 34-13.400, F.A.C. - Amendments relate that the law just excludes gifts prohibited by Section 112.3148, F.S., from the reporting requirements and eliminates outdated references to “Parts” of the Florida Administrative Code.

Rule 34-13.410, F.A.C. - Amendment eliminates reference to the Technological Research and Development Authority, which was recently dissolved.

Rule 34-13.420, F.A.C. - Amendments incorporate recent statutory changes pertinent to vendors and committees of continuous existence, and eliminates references to the Technological Research and Development Authority, which was recently dissolved.

Rule 34-13.500, F.A.C. - Amendment eliminates language that contradicts Rule 34-13.210(b). , F.A.C.

Rule 34-13.620 - Amendments incorporate recent statutory changes pertinent to vendors and committees of continuous existence, as well as prohibitions recently added in Section 112.31485, F.S., concerning accepting certain expenses from political committees.

Rule 34-13.630, F.A.C. - Amendments incorporate recent statutory changes pertinent to vendors and committees of continuous existence, as well as prohibitions recently added in Section 112.31485, F.S., concerning political committees giving certain expenses.

Rule 34-13.710, F.A.C. - Amendments incorporate recent statutory changes pertinent to vendors and committees of continuous existence.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: based on past experiences with rules of this nature, the adverse impact or regulatory cost, if any, do not exceed and would not be expected to exceed any one of the economic criteria set forth in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 112.322(9)(b) FS.

LAW IMPLEMENTED: 112.312, 112.313, 112.3148, 112.31485, 112.3149 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 11, 2015, 8:30 a.m.

PLACE: First District Court of Appeal, Third Floor Courtroom, 2000 Drayton Drive, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: Diana Westberry, Executive Secretary, Commission on Ethics, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Grayden Schafer, Senior Attorney, Florida Commission on Ethics, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

34-13.100 Purpose.

(1) The purpose of this chapter is to provide notice and guidance to public officials, candidates, and employees, and local government attorneys, as well as the general public, by implementing the provisions in the Code of Ethics for Public Officers and Employees (Chapter 112, Part III, F.S.) regarding the prohibitions to and the reporting of the receipt of gifts, honoraria, and expenses related to honorarium events. To a limited extent, the rules of this chapter also are intended to provide notice of how other provisions in the Code of Ethics may apply in this context.

(2) The Commission on Ethics will utilize the provisions contained in this chapter in advisory opinions requests, and complaint proceedings, and referrals coming before the Commission.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.313, 112.3148, 112.3149 FS. History–New 4-16-92, Amended____.

 

34-13.110 Organization of Rule Chapter.

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, Repealed ____.

 

34-13.120 Persons Who Are Subject to the Law.

In general, the following persons are subject to various provisions of the Code of Ethics regarding gifts, things of value, honoraria, and expenses related to honorarium events.

(1) through (3) No change.

(4) Spouses, and minor children, parents, and siblings of public officers and public employees.

(5) No change

(6) Vendors

(7)(6) Political committees and committees of continuous existence as defined under the Florida elections laws.

(8)(7) Local government attorneys, as defined in Section 112.313(16), F.S.

(9) Other persons as designated by law.

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, ____.

 

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, and 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, and 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 Ch. 34-12, F.A.C.

(5) Lobbyists, the employers and principals of lobbyists, the partners and firms of lobbyists, and political committees, and vendors doing business with the agency of a reporting individual or procurement employee committees of continuous existence 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 Ch. 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, ____.

 

34-13.140 General Considerations for Public Officers, Employees, and Candidates Who Are Reporting Individuals and or Procurement Employees.

(1) First, persons in this category should determine whether they can solicit or accept a gift, honorarium, or the payment of honorarium event related expenses, according to the following general principles.

(a) No gift, honorarium, or payment of honorarium event related expenses can be accepted:

1. If it is based on the understanding that the person’s official action would be influenced thereby; or

2. If the person knows, or with the exercise of reasonable care should know, that it is being given to influence the person’s official action.

(b) No gift may be accepted from a political committee, unless it is primarily related to contributions, expenditures, or other political activities authorized pursuant to ch. 106.

(c) No honorarium may be accepted from a political committee.  No honorarium event related expenses can be accepted from a political committee unless such expenses are primarily related to contributions, expenditures, or other political activities authorized pursuant to Chapter 106, F.S.

(d)(b) If the acceptance of an honorarium or the payment of expenses related to an honorarium event involves an employment or contractual relationship, it may be prohibited if it presents a conflict of interest.

(e)(c) In addition, the person may be prohibited from soliciting a gift or accepting a gift from a lobbyist, from the partner, firm, employer, or principal of a lobbyist, or from a vendor doing business with the person's agency political committee or committee of continuous existence. Gifts from close relatives and certain other persons in close relationships are not restricted by this prohibition and may be solicited or accepted. However, a gift to the spouse, parent, child, or sibling or minor child(ren) of a reporting individual or procurement employee from a lobbyist who lobbies the agency of the reporting individual or procurement employee, from the partner, firm, employer, or principal of a lobbyist, or from a political committee or vendor committee of continuous existence, may be prohibited or may be treated as an indirect gift to the reporting individual or procurement employee. Specific rules about when these prohibitions apply are contained in Rules 34-13.300 through 34-13.320, F.A.C Part III of this chapter.

(d) The person also may be prohibited from soliciting an honorarium or accepting an honorarium or expenses related to an honorarium event from a lobbyist, from the partner, firm, employer, or principal of a lobbyist, or from a political committee or vendor committee of continuous existence. Specific rules about when these prohibitions apply are contained in Rules 34-13.610 through 34-16.620, F.A.C Part VI of this chapter.

(2) Secondly, if it is determined that the gift, honorarium, or the payment of honorarium event related expenses can be solicited or accepted, then persons in this category should determine whether public disclosure must be made, according to the following general principles.

(a) Gifts worth over $100 should be disclosed on a quarterly basis, except for gifts from close relatives and certain other persons in close relationships. Gifts worth over $100 from certain governmental entities or from certain private organizations supporting governmental entities should be disclosed on an annual basis. Gifts worth $100 or less do not have to be reported by the person receiving them. Specific rules about these disclosure requirements are contained in Rule 34-13.410, F.A.C. Part IV of this chapter.

(b) The payment of expenses related to an honorarium event by a lobbyist, by the partner, firm, employer, or principal of a lobbyist, or by a vendor political committee or committee of continuous existence should be disclosed on an annual basis. Specific rules about when this disclosure requirement applies are contained in Rule 34-13.710, FA.C. Part VII of this chapter.

(c) The payment by a political committee of expenses related to an honorarium event is prohibited unless primarily related to contributions, expenditures, or other political activities authorized pursuant to Chapter 106, F.S.  In such a case, the payment should be disclosed on an annual basis.

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____.

 

34-13.150 General Considerations for Public Officers and Employees Who Are Not Reporting Individuals or Procurement Employees.

(1) through (2) No change.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.313, 112.3148, 112.3149 FS. History–New 4-16-92, Amended ____.

 

34-13.160 General Considerations for Lobbyists, Their Partners, Firms, Employers, and Principals, and Political Committees, and Vendors Committees of Continuous Existence.

(1) Persons and entities in this category first should determine whether they can give or provide a gift or honorarium, or pay honorarium event related expenses, according to the following general principles.

(a) The person or entity may be prohibited from giving a gift to a public officer, employee, or candidate who is a reporting individual or a procurement employee. Specific rules about when these prohibitions apply are contained in Rules 34-13.310 through 34-13.320, F.A.C. Part III of this chapter.

(b) The person or entity also may be prohibited from providing an honorarium or paying for expenses related to an honorarium event to or on behalf of a public officer, employee, or candidate who is a reporting individual or a procurement employee. Specific rules about when these prohibitions apply are contained in Rule 34-13.630, F.A.C. Part VI of this chapter.

(2) If it is determined that the gift, honorarium, or the payment of honorarium event related expenses can be given or made, then persons and entities in this category secondly should determine whether public disclosure must be made, according to the following general principles.

(a) Gifts to reporting individuals and procurement employees valued over $25, but not more than $100, may be required to be reported by the person or entity to the reporting individual or procurement employee and be publicly disclosed on a quarterly basis. Gifts over $100 from certain governmental entities or from certain private organizations supporting governmental entities may need to be disclosed to the recipient on an annual basis. Specific rules about these disclosure requirements are contained in Rules 34-13.420 through 34-13.430. F.A.C. Part IV of this chapter.

(b) The payment of expenses related to an honorarium event to a reporting individual or procurement employee may need to be reported to the recipient within 60 days of the event. Specific rules about this disclosure requirement are contained in Rule 34-13.720, F.A.C. Part VII of this chapter.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.3148, 112.31485, 112.3149 FS. History–New 4-16-92, Amended ____.

 

34-13.210 General Definition of “Gift.”

(1) For the purposes of Section 112.3148, F.S., "gift" “Gift” means that which is accepted by a donee or by another on the donee’s behalf, or that which is paid or given to another for or on behalf of a donee, directly, indirectly, or in trust for his benefit or by any other means, for which equal or greater consideration is not given within 90 days of receipt of the gift.

(a)(1) Where the donee has used his official position to render services on behalf of his public agency, such services will not constitute any part of the consideration in determining whether a gift from a person or entity other than the donee’s public agency has been received.

(b)(2) Where the donee is being reimbursed or provided by his public agency for travel or expenses incurred in the performance of public duties, the donee has not received a gift when a public purpose for the expense exists. Salary, benefits, services, fees, or other expenses received by a public officer or employee from his or her public agency do not constitute gifts.

(c)(3) Substantiation of equal or greater consideration having been given is the responsibility of the donee. In substantiating or justifying whether equal or greater consideration has been given by the donee to the donor, the donee should be able to provide information demonstrating the following factors:

1.(a) Where the donee has provided items of merchandise, supplies, raw materials, or finished goods to the donor, the fair market value of the goods shall constitute consideration.

2.(b) Where the donee has performed individual labor or effort for the benefit of the donor as consideration, the donee should be able to demonstrate:

a.1. The length of time it took to provide the service;

b.2. The value of the service provided, if ascertainable, which is reasonable and customarily charged in the community; and

c.3. Whether persons performing similar services for the benefit of the donor received a comparable gift from the donor.

3.(c) Consideration will not include a promise to repay the donor unless the promise is in writing and enforceable, and is executed within 90 days of receipt of the gift.

(2) For purposes of Section 112.31485, F.S., "gift" means any purchase, payment, distribution, loan, advance, transfer of funds, or disbursement of money or anything of value that is not primarily related to contributions, expenditures, or other political activities authorized pursuant to Chapter 106, F.S.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.3148, 112.31485, 112.3149 FS. History–New 4-16-92, Amended 10-7-04, ____.

 

34-13.214 Specific Examples of What Does Not Constitute a Gift.

The following are specifically excluded from being a “gift,:” for purposes of Section 112.3148, F.S.:

(1) through (8) No change.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.3148, 112.3149 FS. History–New 4-16-92, Amended 7-30-00, 10-7-04, ____.

 

34-13.250 “Procurement Employee” Defined.

A “procurement employee” is defined in Sections 112.3148(2)(e) and 112.3149(1)(e), F.S.

(1) No change.

(2) “Contractual service” is defined in Section 287.012(9), F.S.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.3148, 112.3149 FS. History–New 4-16-92, Amended 7-30-00, ____.

 

34-13.270 “Reporting Individual” Defined.

(1) A “reporting individual” means any individual who is required by law, pursuant to Article II, Section 8, Florida Constitution, or pursuant to Section 112.3145, F.S., to file either full or limited disclosure of his financial interest. The Commission has promulgated CE Form 1, Statement of Financial Interests, for use in making the disclosures required by Section 112.3145, F.S., and CE Form 6, Full and Public Disclosure of Financial Interests, for use in making the disclosures required under Article II, Section 8, Florida Constitution. Lists of persons required to file each form can be found on each form.

(2) No change.

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 10-7-04, ____.

 

34-13.300 Prohibition Against Soliciting Gifts.

(1) A reporting individual or procurement employee is prohibited from soliciting any gift, food, or beverage from a lobbyist who lobbies the individual’s or employee’s agency, from the partner, firm, employer, or principal of such a lobbyist, or from a political committee or vendor doing business with the individual's or procurement employee's agency, committee of continuous existence, where such gift, food, or beverage is for the personal benefit of the individual or employee, another reporting individual or procurement employee, or any parent, spouse, child, or sibling of the individual or employee.

(2) No change.

(3) This prohibition does not apply to gifts solicited from a relative of the reporting individual or procurement employee, regardless of whether the relative is a lobbyist or the partner, employer, or principal of a lobbyist, or a vendor.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.3148 FS. History–New 4-16-92, Amended ____.

 

34-13.310 Prohibitions Against Accepting and Giving Gifts.

(1) A reporting individual or procurement employee, or any other person on the individual’s or employee’s behalf, is prohibited from knowingly accepting, directly or indirectly, a gift from a lobbyist who lobbies the individual’s or employee’s agency or from a political committee or committee of continuous existence, or directly or indirectly on behalf of the partner, firm, employer, or principal of such a lobbyist, or from a vendor doing business with the individual's or employee's agency, if he knows or reasonably believes that the gift has a value in excess of $100.

(2) A vendor political committee or a committee of continuous existence; a lobbyist who lobbies a reporting individual’s or procurement employee’s agency; the partner, firm, employer, or principal of a lobbyist; or another on behalf of the lobbyist or partner, firm, principal, or employer of the lobbyist or vendor is prohibited from giving, either directly or indirectly, a gift that has a value in excess of $100 to the reporting individual or procurement employee or any other person on his behalf.

(3) A reporting individual, or his or her parent, spouse, child, or sibling, is prohibited from soliciting or knowingly accepting, directly or indirectly, anything of value that is not primarily related to contributions, expenditures, or other political activities authorized pursuant to Chapter 106, F.S, from a political committee.

(4) A political committee is prohibited from giving anything of value that is not primarily related to contributions, expenditures, or other political activities authorized pursuant to Chapter 106, F.S., to a reporting individual or procurement employee, or his or her parent, spouse, child, or sibling.

(5)(3) The prohibitions expressed in this rule apply as of the time the gift is given by the donor.

(6)(4) Reasonable inquiry shall be made by the reporting individual or procurement employee of the source of the proposed gift to determine whether it is prohibited.

(7)(5) Where a gift is to be provided by multiple donors, the value of the gift provided by any one donor is equal to the portion of the gift’s value attributable to that donor based upon the donor’s contribution to the gift. The value of the portion provided by any lobbyist, partner, firm, employer or principal of a lobbyist, or vendor political committee, or committee of continuous existence cannot exceed $100, and the reporting individual or procurement employee cannot accept the gift if the value of that portion of the gift exceeds $100.

(8)(6) Indirect Gifts.

(a) Where a gift is provided to a person other than the reporting individual or procurement employee by a political committee or vendor committee of continuous existence as defined in the campaign financing laws (Chapter 106, F.S.), by a lobbyist who lobbies the agency of the reporting individual or procurement employee, or by the partner, firm, employer, or principal of a lobbyist, where the gift or the benefit of the gift ultimately is received by the reporting individual or procurement employee, and where the gift is provided with the intent to benefit the reporting individual or procurement employee, such gift will be considered an indirect gift to the reporting individual or procurement employee.

(b) Where a gift or the benefit of a gift is provided to a reporting individual or procurement employee by someone other than a political committee or committee of continuous existence, a lobbyist, or the partner, firm, employer, or principal of a lobbyist, or a vendor, but the gift or the expense of the gift has been provided by or paid for by a political committee or committee of continuous existence, a vendor, or a lobbyist, or the partner, firm, employer, or principal of a lobbyist, who intends thereby to benefit the reporting individual or employee, such gift will be considered an indirect gift to the reporting individual or procurement employee.

(c) No change.

(d) No change.

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

 

34-13.320 Exceptions to Prohibitions in Section 112.3148, F.S., Against Accepting and Giving Gifts.

Unless prohibited by other law, Section 112.3148, F.S., permits Notwithstanding the prohibitions expressed in Rule 34-13.310, F.A.C., the following gifts are permitted.

(1) A reporting individual or procurement employee may accept a gift valued in excess of $100 on behalf of a governmental entity or charitable organization. A political committee, vendor a committee of continuous existence, a lobbyist, the partner, firm, employer, or principal of a lobbyist, or another on their behalf may give a gift valued in excess of $100 to a reporting individual or procurement employee if the gift is intended to be transferred to a governmental entity or charitable organization.

(a) through (b) No change.

(2) 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 373.069, F.S., the South Florida Regional Transportation Authority, the Technological Research and Development Authority, or a school board may give, either directly or indirectly, to a reporting individual or procurement employee a gift having a value in excess of $100 if a public purpose can be shown for the gift. The reporting individual or procurement employee may accept such a gift if a public purpose can be shown for the gift.

(a) through (b) No change.

(3) No change.

(4) A relative of the reporting individual or procurement employee may give, and the individual or employee may receive, a gift valued in excess of $100, regardless of whether the relative is a lobbyist or the partner, employer, or principal of a lobbyist, or a vendor.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.3148 FS. History–New 4-16-92, Amended 2-27-95, 10-7-04, ____.

 

34-13.400 Quarterly Gift Disclosure for Reporting Individuals and Procurement Employees.

(1) No change.

(2) The following gifts are not required to be reported:

(a) No change.

(b) Gifts prohibited by Section 112.3148, F.S. under Rules 34-13.310 and 34-13.320, F.A.C.;

(c) Gifts otherwise required to be disclosed by the reporting individual or procurement employee under Rules 34-13.410 through 34-13.420, F.A.C. Part IV of this chapter; and,

(d) No change.

(3) through (7) No change.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.3148 FS. History–New 4-16-92, Amended 10-7-04, ____.

 

34-13.410 Annual Gift Disclosures for Reporting Individuals and Procurement Employees.

(1) No later than July 1 of each year, each reporting individual or procurement employee shall file a statement listing each gift having a value in excess of $100 received by the individual or employee, either directly or indirectly, during the previous calendar year 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 373.069, F.S., the South Florida Regional Transportation Authority, the Technological Research and Development Authority, or a school board, for which a public purpose can be shown as provided in Rule 34-13.320, F.A.C.

(2) through (6) No change.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.3148 FS. History–New 4-16-92, Amended 2-27-95, 10-7-04, ____.

 

34-13.420 Quarterly Gift Disclosure for Lobbyists and Others.

(1) No change.

(2) Each political committee or vendor committee of continuous existence 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.

(3) through (6) No change.

(7) The reports required under this rule do not apply:

(a) No change.

(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 373.069, F.S., the South Florida Regional Transportation Authority, the Technological Research and Development Authority, or a school board.

(c) through (d) No change.

(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 committee of continuous existence at the time the quarterly disclosure statement should be filed.

(9) No change.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.3148 FS. History–New 4-16-92, Amended 2-27-95, 7-30-00, 10-7-04, Amended ____.

 

34-13.500 Gift Valuation.

In addition to the provisions contained in Section 112.3148(7), F.S., a donee shall use the following rules to determine the value of a gift received from a donor:

(1) through (2) No change.

(3) “Compensation provided by the donee” as stated in Section 112.3148(7)(b), F.S., means payment provided by the donee to the donor within 90 days after receipt of the gift, and excludes personal services rendered by the donee for the benefit of the donor. Where the gift received by a donee is a trip and includes payment or provision of the donee’s transportation, lodging, recreational, or entertainment expenses by the donor, the value of the gift is equal to the total value of the various aspects of the trip paid or provided by the donor, and any consideration paid by the donee for the trip should be subtracted from the total value of the trip. EXAMPLE: Lobbyist X provides reporting individual Y with a trip to New York to see a play. X pays $300 for Y’s round-trip airfare, $50 for Y’s ground transportation, $150 for Y’s hotel room, and $100 for Y’s ticket to the play. In order to accept the trip from X, Y must pay X at least $500, so that the value of the gift from X does not exceed $100.

(4) through (10) No change.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.3148 FS. History–New 4-16-92, Amended 7-5-92, 2-27-95, 7-30-00, 10-7-04, ____.

 

34-13.620 Prohibition Against Accepting Honoraria and Honorarium Event Related Expenses.

(1) Reporting individuals and procurement employees are prohibited from knowingly accepting an honorarium from the following:

(a) A political committee or committee of continuous existence, as defined in Chapter 106, F.S. (campaign financing laws);

(b) A vendor doing business with the individual's or employee's agency;

(c)(b) A lobbyist as defined in Section 112.3149(1)(d), F.S.; or

(d)(c) The employer, principal, partner, or firm of a lobbyist.

(2) Reporting individuals and procurement employees are prohibited from accepting expenses related to an honorarium event from a political committee unless such expenses are primarily related to contributions, expenditures, or other political activities authorized pursuant to Chapter 106, F.S.

(3)(2) Reasonable inquiry shall be made by the reporting individual or procurement employee of the source of the proposed honorarium or honorarium event related expense to determine whether it is prohibited.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.3149 FS. History–New 4-16-92, Amended ____.

 

34-13.630 Prohibition Against Providing Honoraria and Honorarium Event Related Expenses.

(1) The following persons or entities are prohibited from providing an honorarium to a reporting individual or procurement employee:

(a)(1) A political committee or committee of continuous existence, as defined in Section 106.011, F.S.;

(b) A vendor doing business with the individual's or employee's agency;

(c)(2) A lobbyist who lobbies the agency of the reporting individual or procurement employee; or

(d)(3) The employer, principal, partner, or firm of a lobbyist.

(2) A political committee is prohibited from providing expenses related to an honorarium event to a reporting individual or procurement employee, unless such expenses are primarily related to contributions, expenditures, or other political activities authorized pursuant to Chapter 106, F.S.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.31485, 112.3149 FS. History–New 4-16-92, Amended ____.

 

34-13.710 Disclosures by Reporting Individuals and Procurement Employees.

(1) By July 1 of each year a reporting individual or procurement employee must disclose the receipt of payment for, or the provision of, expenses related to an honorarium event from a political committee or vendor doing businesss with the individual's or employee's agency committee of continuous existence, as defined in Section 106.011, F.S., from a lobbyist who lobbies the agency of the reporting individual or procurement employee, or from the employer, principal, partner, or firm of such lobbyist. The Commission shall promulgate CE Form 10, Annual Disclosure of Gifts from Governmental Entities and Direct Support Organizations and Honorarium Event Related Expenses, which shall be used for this purpose.

(2) through (4) No change.

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.3149 FS. History–New 4-16-92, Amended ____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Grayden Schafer, Senior Attorney, Florida Commission on Ethics, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Virlindia Doss, Executive Director, Commission on Ethics

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 10, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 2, 2015