34-13.140. General Considerations for Reporting Individuals and 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;

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 Chapter 106, F.S.

(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) 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) 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. 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 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, 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.

(f) 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. Specific rules about when these prohibitions apply are contained in Rules 34-13.610 through 34-16.620, F.A.C.

(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.

(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 should be disclosed on an annual basis. Specific rules about when this disclosure requirement applies are contained in Rule 34-13.710, F.A.C.

(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 1-11-16.