Fla. Admin. Code Ann. R. 34-13.420 - Quarterly Gift Disclosure for Lobbyists and Others
(1)
Each lobbyist who lobbies a reporting individual's or procurement employee's
agency, or the partner, firm, employer, or principal of such a lobbyist, who
makes or directs another to make a gift having a value in excess of $25 but not
in excess of $100 to a reporting individual or procurement employee of that
agency, shall file a report of the gift on or before the last day of the
calendar quarter following the calendar quarter in which the gift was
made.
(2) Each political committee
or vendor which makes or directs another to make a gift having a value in
excess of $25 but not in excess of $100 to a reporting individual or
procurement employee shall file a report of the gift on or before the last day
of the calendar quarter following the calendar quarter in which the gift was
made.
(3) The reports required
under this rule shall contain, for each individual gift:
(a) A description of the gift;
(b) The monetary value of the gift;
(c) The name and address of the person making
the gift;
(d) The name and address
of the recipient of the gift; and
(e) The date the gift was
given.
(4) In addition,
the donor must notify the intended recipient at the time the gift is made that
the donor, or another on the donor's behalf, will report the gift as provided
in this rule.
(5) The Commission
shall promulgate CE Form 30, Donor's Quarterly Gift Disclosure, for use in
making the disclosures required under this rule. CE Form 30 shall be filed with
the Commission on Ethics, except with respect to gifts to reporting individuals
of the legislative branch, in which case the form shall be filed with the
Office of Legislative Services.
(6)
Under this rule, a gift need not be reported by more than one person or entity.
In addition, no Form 30 is required to be filed for any calendar quarter in
which a reportable gift was not given.
(7) The reports required under this rule do
not apply:
(a) To any gift from a relative of
a reporting individual or procurement employee to that individual or
employee.
(b) To any gift from 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.
(c) To any gift from a direct-support
organization specifically authorized by law to support a governmental entity to
a reporting individual or procurement employee of that governmental
entity.
(d) To any gift which the
donor knows will be accepted on behalf of a governmental entity or charitable
organization.
(8) A donor
is obligated to disclose any gift reportable under this rule that was subject
to disclosure at the time it was given, regardless of whether the donor is a
lobbyist, is the partner, firm, employer, or principal of a lobbyist, or is a
political committee or vendor at the time the quarterly disclosure statement
should be filed.
(9) Where a gift
is provided by multiple donors, one or more of whom is a person or entity
subject to the quarterly disclosure required under this rule, the donor's
contribution to the gift must be disclosed if the portion of the gift's value
attributable to that donor exceeds $25.
Notes
Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.3148 FS.
New 4-16-92, Amended 2-27-95, 7-30-00, 10-7-04, 1-11-16.
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