Fla. Admin. Code Ann. R. 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.
Notes
Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.313, 112.3148, 112.31485, 112.3149 FS.
New 4-16-92, Amended 1-11-16.
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