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.
