Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.130 - General Statement of the Law Regarding Gifts, Things of Value, Honoraria, and Honorarium Event Related Expenses

Current through Reg. 50, No. 138; July 16, 2024
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.
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 2-27-95,
					 1-11-16.