Fla. Admin. Code Ann. R. 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 the following gifts.
(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 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) If the gift is accepted on behalf of a
governmental entity or charitable organization, the person receiving the gift
shall not maintain custody of the gift for any period of time beyond that
reasonably necessary to arrange for the transfer of custody and ownership of
the gift.
(b) "Charitable
organization" means an organization described in s. 501(c)(3) of the Internal
Revenue Code and exempt from tax under s. 501(a).
(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, 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) In
order to show a public purpose for the gift, not only must there be a public
purpose for the governmental entity's having given the gift, but also there
must be a public purpose in the reporting individual's or procurement
employee's accepting the gift.
(b)
"Public purpose" means that which promotes the public health, safety, and
welfare of the citizens of the State or a political subdivision therein, rather
than the welfare of a specific individual or class of persons. Where the gift
involves attendance at a spectator event and is given by a governmental entity,
and where the donee has no direct supervisory or regulatory authority over the
event, persons participating in the event, or the governmental entity which
gave the tickets to the donee, there is no public purpose shown for the giving
of, or the receipt of, the gift.
(3) A direct-support organization
specifically authorized by law to support a governmental entity may give, and
the reporting individual or procurement employee may accept, a gift valued in
excess of $100 if the reporting individual or procurement employee is an
officer or employee of the governmental entity supported by the
organization.
(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.
Notes
Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.3148 FS.
New 4-16-92, Amended 2-27-95, 10-7-04, 1-11-16.
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