Fla. Admin. Code Ann. R. 34-13.220 - Honorarium Defined

(1) "Honorarium" means a payment of money or anything of value, directly or indirectly, to a reporting individual or procurement employee, or to any other person on his behalf, as consideration for:

(a) A speech, address, oration, or other oral presentation by the reporting individual or procurement employee, regardless of whether presented in person, recorded, or broadcast over the media. "Speech, address, oration, or other oral presentation" means a formal address, lecture, panel discussion, or other presentation which a reporting individual or procurement employee has been invited to make to a gathering of persons. Examples of documents which evidence a speech, address, oration, or other oral presentation made by a reporting individual or procurement employee include but are not limited to:

1. Correspondence received by the reporting individual or procurement employee in advance of the event inviting him or her to make a speech, address, oration, or other oral presentation;

2. Correspondence exchanged in advance of the event confirming the speech, address, oration, or other oral presentation to be made by the reporting individual or procurement employee;

3. A printed agenda or program distributed to persons attending the event which lists the speech, address, oration, or other oral presentation to be made by the reporting individual or procurement employee; and

4. Correspondence received by the reporting individual or procurement employee after the event thanking him or her for having made a speech, address, oration, or other oral presentation.

(b) A writing by the reporting individual or procurement employee, other than a book, which has been or is intended to be published.

(2) The term "honorarium" does not include:

(a) Payment for services related to employment held outside the reporting individual's or procurement employee's public position which resulted in the person becoming a reporting individual or procurement employee.

(b) Any ordinary payment or salary received in consideration for services related to the reporting individual's or procurement employee's public duties.

(c) A campaign contribution reported pursuant to the campaign financing law (Chapter 106, F.S.).

(d) The payment or provision of actual and reasonable transportation, lodging, and food beverage expenses related to the honorarium event, including any event or meeting registration fee, for a reporting individual or procurement employee and spouse.

(3) To the extent that the transportation, lodging, and food and beverages provided or paid for exceed "actual and reasonable expenses, " this amount constitutes an honorarium. Factors which the Commission will consider in determining the reasonableness of honorarium event related expenses include but are not limited to:

(a) The distance the reporting individual or procurement employee was required to travel to attend the event or function;

(b) The mode of transportation which was utilized by the reporting individual or procurement employee to travel to and from the event or function;

(c) The length of the speech or oral presentation made by the reporting individual or procurement employee;

(d) The length of the event or function where the reporting individual or procurement employee spoke;

(e) The time of day that the reporting individual or procurement employee made the speech or oral presentation;

(f) Participation by the reporting individual or procurement employee at other events or presentations reasonably necessary to the presentation made by the reporting individual or procurement employee; and

(g) Whether the honorarium event related expenses received by the reporting individual or procurement employee are comparable to the expenses incurred by other persons attending the event.

(h) Travel and per diem guidelines contained in Section 112.061, F.S.

(i) The provisions of this subsection may be illustrated by the following example:

EXAMPLE: Where XYZ Association, which employs a lobbyist who lobbies the agency of Reporting Individual A ("A"), holds its annual convention at a location within an hour's drive of the residence of A, and where A has been invited to speak at the annual convention during a luncheon and that is the only convention event which A attends, it would not be considered reasonable for XYZ Association to pay A's lodging, food and beverage expenses for any night of the convention.

Notes

Fla. Admin. Code Ann. R. 34-13.220

Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.313, 112.3148, 112.3149 FS.

New 4-16-92, Amended 2-27-95.

New 4-16-92, Amended 2-27-95.