reglab/statecodes huggingface dataset:
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.750 - Probable Cause Hearing

Current through Reg. 50, No. 138; July 16, 2024
(1) Notice of
				Hearing. The Respondent and the Complainant shall be given at least 14 days
				notice of the probable cause hearing.
(2) Scope of Hearing. The probable cause
				hearing is the conclusion of the preliminary investigation. The Respondent and
				the Advocate shall be permitted to make brief oral statements in the nature of
				oral argument to the Commission, based on the investigator's report, before the
				probable cause determination. The Commission's determination shall be based
				upon the investigator's report, the Advocate's recommendation, the complaint,
				and staff recommendations, as well as any written statements submitted by the
				respondent and any oral statements made at the hearing. No testimony or other
				evidence will be accepted at the hearing.
(3) Disposition of Complaint. At the probable
				cause hearing the Commission may find that there is probable cause to believe
				that the Respondent committed one or more violations of Section
				 112.3215, F.S.; may find that
				there is no probable cause to believe that the Respondent violated Section
				 112.3215, F.S., and dismiss the
				complaint; or may continue the hearing to allow further investigation. The
				Commission may also dismiss a complaint at any stage of disposition if it
				determines that the public interest is not served by proceeding futher, in
				which case the Commission must issue a public report stating with particularity
				its reasons for the dismissal.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended 7-2-00,
					 1-4-24.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.755 - Notification of Probable Cause Determination

Current through Reg. 50, No. 138; July 16, 2024
The Commission's order finding probable cause or finding no
				  probable cause shall be sent to the Respondent and the Complainant by certified
				  mail, return receipt requested. If the Commission finds probable cause to
				  believe a violation occurred, copies of the complaint, of the report of
				  investigation, and of the Commission's order shall be sent to the Governor and
				  Cabinet.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.760 - Confidentiality

Current through Reg. 50, No. 138; July 16, 2024
The complaint and all Commission and staff activities,
				  proceedings, and documents relating to a complaint are confidential,
				  notwithstanding any provision of Chapters 119, 120 and 286, F.S., unless
				  confidentiality is waived in writing by the Respondent.
(1) When a complaint is dismissed without
				investigation as provided in Rule
				 34-12.720, F.A.C., the
				complaint, the Executive Director's recommendation, and the Commission's order
				dismissing the complaint will become public records available to the public
				upon the filing of the order with the Clerk of the Commission; the remainder of
				the file and the investigative file will remain confidential.
(2) When a complaint is dismissed with a
				finding of no probable cause, the complaint, the report of investigation, and
				the Commission's order will become public records available to the public upon
				the filing of the order with the Clerk of the Commission; the remainder of the
				file and the investigative file will remain confidential.
(3) When the Commission finds probable cause
				to believe that a violation has occurred, all documents made or received in the
				disposition of the complaint shall become public records available to the
				public upon the filing of the Commission's order with the Clerk of the
				Commission.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.100 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of this chapter is to provide
				notice and guidance to public officials, candidates, employees, and local
				government attorneys, as well as the general public, by implementing the
				provisions in the Code of Ethics for Public Officers and Employees (Chapter
				112, Part III, F.S.) regarding the prohibitions to and reporting of the receipt
				of gifts, honoraria, and expenses related to honorarium events. To a limited
				extent, the rules of this chapter also are intended to provide notice of how
				other provisions in the Code of Ethics may apply in this context.
(2) The Commission on Ethics will utilize the
				provisions contained in this chapter in advisory opinions requests, complaint
				proceedings, and referrals coming before the Commission.
Rulemaking Authority
					 112.322(9)(b)
					 FS. Law Implemented 112.312,
					 112.313,
					 112.3148,
					 112.3149
					 FS.
New 4-16-92, Amended
					 1-11-16.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.110 - Organization of Rule Chapter (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 112.322(9)(b)
					 FS. Law Implemented 112.312,
					 112.313,
					 112.3148,
					 112.31485,
					 112.3149
					 FS.
New 4-16-92, Repealed
					 1-11-16.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.120 - Persons Who Are Subject to the Law

Current through Reg. 50, No. 138; July 16, 2024
In general, the following persons are subject to various
				  provisions of the Code of Ethics regarding gifts, things of value, honoraria,
				  and expenses related to honorarium events.
(1) Public officers, whether elected or
				appointed and including members of advisory boards, at any level of government
				in Florida other than the federal government, except judges. This includes
				governmental units at the local or State level; any State, regional, county,
				municipal, or district governmental entity; any public school, community
				college, or State university; or any department, commission, authority,
				district, political subdivision, or other such governmental agency.
(2) Public employees at any level of
				government in Florida other than the federal government, including the
				governmental units described above.
(3) Candidates for elective public office,
				whether State or local.
(4)
				Spouses, minor children, parents and siblings of public officers and public
				employees.
(5) Persons who are paid
				a salary, fee, or otherwise receive compensation for lobbying any State or
				local governmental official or agency, the employers and principals of any such
				lobbyists, and the partners and firms of such lobbyists. The compensation which
				is paid does not have to be specifically designated for the purpose of
				lobbying.
(6) Vendors.
(7) Political committees as defined under the
				Florida elections laws.
(8) Local
				government attorneys, as defined in Section
				 112.313(16),
				F.S.
(9) Other persons as
				designated by law.
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.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.140 - General Considerations for Reporting Individuals and Procurement Employees

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.150 - General Considerations for Public Officers and Employees Who Are Not Reporting Individuals or Procurement Employees

Current through Reg. 50, No. 138; July 16, 2024
(1) 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 if
				it is based on the understanding that the person's official action would be
				influenced thereby or 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) 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.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.160 - General Considerations for Lobbyists, Their Partners, Firms, Employers, and Principals, and Political Committees, and Vendors

Current through Reg. 50, No. 138; July 16, 2024
(1) Persons and
				entities in this category first should determine whether they can give or
				provide a gift or honorarium, or pay honorarium event related expenses,
				according to the following general principles.
(a) The person or entity may be prohibited
				from giving a gift to a public officer, employee, or candidate who is a
				reporting individual or a procurement employee. Specific rules about when these
				prohibitions apply are contained in Rules
				 34-13.310 through
				 34-13.320, F.A.C.
(b) The person or entity also may be
				prohibited from providing an honorarium or paying for expenses related to an
				honorarium event to or on behalf of a public officer, employee, or candidate
				who is a reporting individual or a procurement employee. Specific rules about
				when these prohibitions apply are contained in Rule
				 34-13.630,
				F.A.C.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.200 - Donor and "Donee" Defined

Current through Reg. 50, No. 138; July 16, 2024
(1) A "donor"
				is the person or entity who provides or pays for a gift, whether directly or
				indirectly.
(2) A "donee" is the
				person who receives the gift, or on whose behalf the gift is
				made.
Rulemaking Authority
					 112.322(9)(b)
					 FS. Law Implemented 112.312,
					 112.3148,
					 112.3149
					 FS.
New 4-16-92.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.210 - General Definition of "Gift."

Current through Reg. 50, No. 138; July 16, 2024
(1) For the
				purposes of Section  112.3148, F.S., "gift" means
				that which is accepted by a donee or by another on the donee's behalf, or that
				which is paid or given to another for or on behalf of a donee, directly,
				indirectly, or in trust for his benefit or by any other means, for which equal
				or greater consideration is not given within 90 days of receipt of the gift.
(a) Where the donee has used his official
				position to render services on behalf of his public agency, such services will
				not constitute any part of the consideration in determining whether a gift from
				a person or entity other than the donee's public agency has been
				received.
(b) Where the donee is
				being reimbursed or provided by his public agency for travel or expenses
				incurred in the performance of public duties, the donee has not received a gift
				when a public purpose for the expense exists. Salary, benefits, services, fees,
				or other expenses received by a public officer or employee from his or her
				public agency do not constitute gifts.
(c) Substantiation of equal or greater
				consideration having been given is the responsibility of the donee. In
				substantiating or justifying whether equal or greater consideration has been
				given by the donee to the donor, the donee should be able to provide
				information demonstrating the following factors:
1. Where the donee has provided items of
				merchandise, supplies, raw materials, or finished goods to the donor, the fair
				market value of the goods shall constitute consideration.
2. Where the donee has performed individual
				labor or effort for the benefit of the donor as consideration, the donee should
				be able to demonstrate:
a. The length of time
				it took to provide the service;
b.
				The value of the service provided, if ascertainable, which is reasonable and
				customarily charged in the community; and
c. Whether persons performing similar
				services for the benefit of the donor received a comparable gift from the
				donor.
3. Consideration
				will not include a promise to repay the donor unless the promise is in writing
				and enforceable, and is executed within 90 days of receipt of the
				gift.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.212 - Specific Examples of What May Constitute a Gift

Current through Reg. 50, No. 138; July 16, 2024
A "gift" includes any of the following:
(1) Real property.
(2) The use of real property.
(3) Tangible or intangible personal property.
				For purposes of the definition of "gift, " intangible personal property means
				money; all evidences of debt owed; all evidences of ownership in a corporation;
				all evidences of ownership in other business organizations having multiple
				owners; and all other forms of property where value is based upon that which
				the property represents rather than its own intrinsic value.
(4) The use of tangible personal property or
				intangible personal property, as defined above.
(5) A preferential rate or terms on a debt,
				loan, goods, or services, which rate is below the customary rate and is not
				either a government rate available to all other similarly situated government
				employees or officials or a rate which is available to similarly situated
				members of the public by virtue of occupation, affiliation, age, religion, sex,
				or national origin.
(6) Forgiveness
				of an indebtedness.
(7)
				Transportation, other than that provided to a public officer or employee by an
				agency in relation to officially approved governmental business, lodging, or
				parking.
(8) Food or
				beverage.
(9) Membership
				dues.
(10) Entrance fees, admission
				fees, or tickets to events, performances, or facilities.
(11) Plants, flowers, or floral
				arrangements.
(12) Services
				provided by persons pursuant to a professional license or
				certificate.
(13) Other personal
				services for which a fee is normally charged by the person providing the
				services.
(14) Any other similar
				service or thing having an attributable value not already provided for in this
				rule.
Rulemaking Authority
					 112.322(9)(b)
					 FS. Law Implemented 112.312,
					 112.3148,
					 112.3149
					 FS.
New 4-16-92, Amended
					 7-30-00.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.214 - Specific Examples of What Does Not Constitute a Gift

Current through Reg. 50, No. 138; July 16, 2024
The following are specifically excluded from being a "gift, "
				  for purposes of Section
				   112.3148, F.S.:
(1) Salary, benefits, services, fees,
				commissions, expenses, or other things associated primarily with the donee's
				employment or business or service as an officer or director of a corporation or
				organization. "Associated primarily with the donee's employment or business"
				means associated with the donee's principal employer or business occupation and
				unrelated to the donee's public position.
(2) Contributions or expenditures reported
				pursuant to the campaign financing law (Chapter 106, F.S.), campaign-related
				personal services provided without compensation by individuals volunteering
				their time, or any other contribution or expenditure by a political party as
				long as it is not an indirect gift from a prohibited source.
(3) An honorarium or an expense related to an
				honorarium event paid to a person or his spouse.
(4) An award, plaque, certificate, or similar
				personalized item given in recognition of the donee's public, civic,
				charitable, or professional service.
(5) An honorary membership in a service or
				fraternal organization presented merely as a courtesy by such
				organization.
(6) The use of a
				public facility or public property, made available by a governmental entity,
				for a public purpose.
(7)
				Transportation provided to a public officer or employee by an agency in
				relation to officially approved governmental business.
(8) Gifts provided directly or indirectly by
				a state, regional, or national organization which promotes the exchange of
				ideas between, or the professional development of, government officials or
				employees, and whose membership is primarily composed of elected or appointed
				public officials or staff, to members of that organization or officials or
				staff of a governmental agency that is a member of that
				organization.
Rulemaking Authority
					 112.322(9)(b)
					 FS. Law Implemented 112.312,
					 112.3148,
					 112.3149
					 FS.
New 4-16-92, Amended 7-30-00, 10-7-04,
					 1-11-16.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.220 - Honorarium Defined

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.230 - Honorarium Event Defined

Current through Reg. 50, No. 138; July 16, 2024
An "honorarium event" means a meeting or function, or a
				  series of related meetings or functions such as a convention held over several
				  days, where the reporting individual or procurement employee has been invited
				  to make a speech, address, oration, or other oral presentation, as defined in
				  Rule  34-13.220,
				  F.A.C.
Rulemaking Authority
					 112.322(9)(b)
					 FS. Law Implemented 112.312,
					 112.3148,
					 112.3149
					 FS.
New 4-16-92.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.240 - Lobbyist Defined

Current through Reg. 50, No. 138; July 16, 2024
(1) A "lobbyist" means any natural person who
				is paid a salary, fee, or is otherwise compensated for seeking, at the time a
				gift, honorarium, or the payment or provision of expenses related to an
				honorarium event is solicited or offered, to influence the governmental
				decisionmaking of, or to encourage of passage, defeat, or modification of any
				proposal or recommendation by, a reporting individual or procurement employee
				in an official capacity or the individual's or employee's agency.
(2) A "lobbyist" also means any natural
				person who was paid a salary, fee, or was otherwise compensated for seeking and
				sought, within the 12 months preceding the time a gift, honorarium, or the
				payment or provision of expenses related to an honorarium event is solicited or
				offered, to influence the governmental decisionmaking of, or to encourage the
				passage, defeat, or modification of any proposal or recommendation by, a
				reporting individual or procurement employee in an official capacity or the
				individual's or employee's agency.
(3) "Governmental decisionmaking" and "the
				passage, defeat, or modification of any proposal or recommendation" include,
				but are not limited to, decisions, proposals, and recommendations in the areas
				of procurement, policymaking, investigation, or adjudication.
(4) One is "seeking to influence" or "seeking
				to encourage" when one has the intent to affect a decision, proposal, or
				recommendation and takes any action that directly or indirectly furthers or
				communicates one's intention. A purely informational request made to an agency
				representative and not intended in any way to directly or indirectly affect a
				decision, proposal, or recommendation of an officer or employee of an agency
				does not constitute seeking to influence governmental decisionmaking or seeking
				to encourage the passage, defeat, or modification of a proposal or
				recommendation.
(5) With respect to
				an agency that has established by rule, ordinance, or law a registration
				process for persons seeking to influence decisionmaking or to encourage the
				passage, defeat, or modification of any proposal or recommendation by such
				agency or an employee or official of the agency, the term "lobbyist" includes
				only a person who is required to be registered as a lobbyist in accordance with
				such rule, ordinance, or law or who was during the preceding 12 months required
				to be registered as a lobbyist in accordance with such rule, ordinance, or law.
				At a minimum, such a registration system must require the registration of, or
				must designate, persons as "lobbyists" who engage in the same activities as
				require registration to lobby the Legislature under Section
				 11.045,
				F.S.
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.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.250 - Procurement Employee Defined

Current through Reg. 50, No. 138; July 16, 2024
A "procurement employee" is defined in Sections
				   112.3148(2)(e) 
				  and  112.3149(1)(e),
				  F.S.
(1) "Commodity" means any of the
				various supplies, materials, goods, merchandise, equipment, and other personal
				property, including a mobile home, trailer, or other portable structure with
				floor space of less than 3, 000 square feet, purchased, leased, or otherwise
				contracted for by the State and its agencies, excluding commodities purchased
				for resale. Printing of publications is a commodity when let upon contract
				pursuant to Section  283.33, F.S., whether purchased
				for resale or not. "Commodity" also includes interest on deferred-payment
				commodity contracts approved pursuant to Section
				 287.063, F.S., entered into by
				an agency for the purchase of other commodities. A prescribed drug, medical
				supply, or device required by a licensed health care provider as a part of
				providing health services involving examination, diagnosis, treatment,
				prevention, medical consultation, or administration for clients at the time the
				service is provided is not considered to be a commodity.
(2) "Contractual service" is defined in
				Section  287.012,
				F.S.
Rulemaking Authority
					 112.322(9)(b)
					 FS. Law Implemented 112.312,
					 112.3148,
					 112.3149
					 FS.
New 4-16-92, Amended 7-30-00,
					 1-11-16.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.260 - Relative Defined

Current through Reg. 50, No. 138; July 16, 2024
"Relative" means an individual who is related to the subject
				  individual as father, mother, son, daughter, brother, sister, uncle, aunt,
				  first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law,
				  son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather,
				  stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half
				  sister, grandparent, great grandparent, grandchild, great grandchild, step
				  grandparent, step great grandparent, step grandchild, step great grandchild,
				  person who is engaged to be married to the subject individual or who otherwise
				  holds himself or herself out as or is generally known as the person whom the
				  subject individual intends to marry or with whom the subject individual intends
				  to form a household, or any other natural person having the same legal
				  residence as the subject individual.
Rulemaking Authority
					 112.322(9)(b)
					 FS. Law Implemented 112.312,
					 112.3148,
					 112.3149
					 FS.
New 4-16-92.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.270 - Reporting Individual Defined

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				"reporting individual" means any individual who is required by law to file
				either full or limited disclosure of his financial interest. The Commission has
				promulgated CE Form 1, Statement of Financial Interests, for use in making the
				disclosures required by Section
				 112.3145, F.S., and CE Form 6,
				Full and Public Disclosure of Financial Interests, for use in making the
				disclosures required under Article II, Section 8, Florida Constitution. Lists
				of persons required to file each form can be found on each form.
(2) For purposes of Section
				 112.3148, F.S., the "agency" of
				a candidate, upon qualifying, is:
(a) The
				agency to which the individual seeks election if the candidate is not already a
				public officer or employee.
(b) The
				agency to which the individual was elected to serve, whether or not the
				individual has formally taken office.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.300 - Prohibition Against Soliciting Gifts

Current through Reg. 50, No. 138; July 16, 2024
(1) A reporting
				individual or procurement employee is prohibited from soliciting any gift,
				food, or beverage from a lobbyist who lobbies the individual's or employee's
				agency, from the partner, firm, employer, or principal of such a lobbyist, or
				from a political committee or vendor doing business with the individual's or
				procurement employee's agency, where such gift, food, or beverage is for the
				personal benefit of the individual or employee, another reporting individual or
				procurement employee, or any parent, spouse, child, or sibling of the
				individual or employee.
(2) This
				prohibition applies as of the time of the solicitation.
(3) This prohibition does not apply to gifts
				solicited from a relative of the reporting individual or procurement employee,
				regardless of whether the relative is a lobbyist or the partner, employer, or
				principal of a lobbyist, or a vendor.
Rulemaking Authority
					 112.322(9)(b)
					 FS. Law Implemented 112.3148
					 FS.
New 4-16-92, Amended
					 1-11-16.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.320 - Exceptions to Prohibitions in Section 112.3148, F.S., Against Accepting and Giving Gifts

Current through Reg. 50, No. 138; July 16, 2024
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).
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.400 - Quarterly Gift Disclosure for Reporting Individuals and Procurement Employees

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				reporting individual or procurement employee shall file a sworn statement with
				the Commission on Ethics containing a list of gifts, if any, accepted by him
				during a calendar quarter which he believes to be valued in excess of $100, on
				or before the last day of the following calendar quarter. The Commission shall
				promulgate CE Form 9, Quarterly Gift Disclosure, for use in making the required
				disclosure.
(2) The following gifts
				are not required to be reported:
(a) Gifts
				from relatives;
(b) Gifts
				prohibited by Section
				 112.3148, F.S.;
(c) Gifts otherwise required to be disclosed
				by the reporting individual or procurement employee under Rules 34-13.410
				through  34-13.420, F.A.C.;
				and,
(d) Gifts accepted by a
				reporting individual or procurement employee on behalf of a governmental entity
				or a charitable organization as provided in Rule
				 34-13.320,
				F.A.C.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.410 - Annual Gift Disclosures for Reporting Individuals and Procurement Employees

Current through Reg. 50, No. 138; July 16, 2024
(1) No later than July 1 of each year, each
				reporting individual or procurement employee shall file a statement listing
				each gift having a value in excess of $100 received by the individual or
				employee, either directly or indirectly, during the previous calendar year 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, for which a public
				purpose can be shown as provided in Rule
				 34-13.320, F.A.C.
(2) No later than July 1 of each year, each
				reporting individual or procurement employee shall file a statement listing
				each gift having a value in excess of $100 received by the individual or
				employee, either directly or indirectly, during the previous calendar year from
				a direct-support organization specifically authorized by law to support the
				governmental entity of which he was an officer or employee at the time of the
				gift, as provided in Rule
				 34-13.320, F.A.C.
(3) The Commission shall promulgate CE Form
				10, Annual Disclosure of Gifts from Governmental Entities and Direct Support
				Organizations and Honorarium Event Related Expenses, for use in making the
				disclosures required under this rule. Form 10 shall require the reporting
				individual or procurement employee to list the name of the person providing the
				gift, a description of the gift, the date or dates on which the gift was given,
				the value of the total gifts given during the calendar year for which the
				report is made.
(4) The reporting
				individual or procurement employee shall attach to Form 10 any statement
				received in accordance with Rule
				 34-13.430, F.A.C., which
				statement shall become a public record when filed with the Form 10. The
				reporting individual or procurement employee may explain any differences
				between the information provided on Form 10 and the information contained in
				the attached statement(s), and provide any other information the reporting
				individual or procurement employee believes to be pertinent.
(5) A Form 10 filed by a reporting individual
				shall be filed with the Form 1 or Form 6 filed by the individual. A Form 10
				filed by a procurement employee shall be filed with the Commission on
				Ethics.
(6) A reporting individual
				or procurement employee is not required to file a Form 10 for any year in which
				no gift reportable under this rule was received, unless there are honorarium
				event related expenses to report as provided in Rule
				 34-13.710,
				F.A.C.
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.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.420 - Quarterly Gift Disclosure for Lobbyists and Others

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.430 - Annual Gift Statements by Governmental Entities and Direct Support Organizations

Current through Reg. 50, No. 138; July 16, 2024
(1) No later
				than March 1 of each year, each governmental entity or direct-support
				organization which has given a gift valued in excess of $100 during the
				previous calendar year to a reporting individual or procurement employee that
				is exempted under Rule
				 34-13.320(2) or
				(3), F.A.C., shall provide the individual or
				employee with a statement of each such gift.
(2) The statement shall contain a description
				of each gift, the date on which the gift was given, and the value of the total
				gifts given by the governmental entity or direct-support organization to the
				reporting individual or procurement employee during the calendar
				year.
(3) A governmental entity may
				provide a single statement to the reporting individual or procurement employee
				of gifts provided by the governmental entity and any direct-support
				organization specifically authorized by law to support such governmental
				entity.
(4) Where a gift is
				provided by multiple donors, one or more of which is an entity or organization
				subject to the annual statement required under this rule, the donor's
				contribution to the gift must be included on the statement if the portion of
				the gift's value attributable to that donor exceeds $100.
Rulemaking Authority
					 112.322(9)(b)
					 FS. Law Implemented 112.3148
					 FS.
New 4-16-92.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.510 - Valuation of Gifts Provided by Multiple Donors

Current through Reg. 50, No. 138; July 16, 2024
(1) For
				purposes of any gift disclosure to be made by a reporting individual or
				procurement employee, the value of a gift provided by multiple donors is
				determined by the valuation principles of Section
				 112.3148(7),
				F.S. and Rule  34-13.500, F.A.C., applied to
				the gift as a whole, rather than by any pro rata share.
(2) For purposes of determining whether a
				gift provided by multiple donors is prohibited under Sections
				 112.3148(3) and
				(4), F.S. and Rules
				 34-13.310 and
				 34-13.320, F.A.C., the value of
				the gift provided by any one donor is equal to the portion of the gift's value
				attributable to that donor based upon the donor's contribution to the
				gift.
(3) For purposes of
				determining whether a gift provided by multiple donors must be disclosed by one
				or more of the donors under Section
				 112.3148(5)(b),
				F.S. and Rules  34-13.420 and
				 34-13.430, F.A.C., the value of
				the gift provided by any one donor is equal to the portion of the gift's value
				attributable to that donor based upon the donor's contribution to the
				gift.
Rulemaking Authority
					 112.322(9)(b)
					 FS. Law Implemented 112.312,
					 112.3148
					 FS.
New 4-16-92.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.610 - Prohibition Against Soliciting Honoraria

Current through Reg. 50, No. 138; July 16, 2024
When the subject of the speech or writing relates to the
				  reporting individual's or procurement employee's public office or duties, the
				  reporting individual or procurement employee is prohibited from soliciting an
				  honorarium.
Rulemaking Authority
					 112.322(9)(b)
					 FS. Law Implemented 112.312,
					 112.3149
					 FS.
New 4-16-92.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.620 - Prohibition Against Accepting Honoraria and Honoraria Event Related Expenses

Current through Reg. 50, No. 138; July 16, 2024
(1) Reporting
				individuals and procurement employees are prohibited from knowingly accepting
				an honorarium from the following:
(a) A
				political committee;
(b) A vendor
				doing business with the individual's or employee's agency;
(c) A lobbyist as defined in Section
				 112.3149(1)(d),
				F.S.; or
(d) The employer,
				principal, partner, or firm of a lobbyist.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.630 - Prohibition Against Providing Honoraria and Honoraria Event Related Expenses

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				following persons or entities are prohibited from providing an honorarium to a
				reporting individual or procurement employee:
(a) A political committee;
(b) A vendor doing business with the
				individual's or employee's agency;
(c) A lobbyist who lobbies the agency of the
				reporting individual or procurement employee; or
(d) The employer, principal, partner, or firm
				of a lobbyist.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.710 - Disclosures by Reporting Individuals and Procurement Employees

Current through Reg. 50, No. 138; July 16, 2024
(1) By July 1 of each year a reporting
				individual or procurement employee must disclose the receipt of payment for, or
				the provision of, expenses related to an honorarium event from a political
				committee or vendor doing business with the individual's or employee's agency,
				from a lobbyist who lobbies the agency of the reporting individual or
				procurement employee, or from the employer, principal, partner, or firm of such
				lobbyist. The Commission shall promulgate CE Form 10, Annual Disclosure of
				Gifts from Governmental Entities and Direct Support Organizations and
				Honorarium Event Related Expenses, which shall be used for this
				purpose.
(2) An honorarium received
				from a person who is not prohibited from providing an honorarium pursuant to
				Section  112.3149(3),
				F.S., is not required to be disclosed.
(3) The receipt of payment or provision of
				expenses by a person who is not prohibited from providing an honorarium
				pursuant to Section  112.3149(3),
				F.S., is not required to be disclosed.
(4) Where no reportable expenses related to
				an honorarium event have been received by a reporting individual or procurement
				employee, CE Form 10 is not required to be filed, unless there are gifts from
				governmental entities or direct-support organizations to report as provided in
				Rule  34-13.410,
				F.A.C.
Rulemaking Authority
					 112.322(9)(b)
					 FS. Law Implemented 112.312,
					 112.3149
					 FS.
New 4-16-92, Amended
					 1-11-16.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-13 - GIFTS AND HONORARIA › Section 34-13.720 - Statements Required of Persons Paying Honorarium Event Related Expenses

Current through Reg. 50, No. 138; July 16, 2024
When a person who would otherwise by prohibited by Section
				   112.3149(3),
				  F.S., from paying an honorarium to a reporting individual or procurement
				  employee provides a reporting individual or procurement employee, or reporting
				  individual or procurement employee and spouse with expenses related to an
				  honorarium event, the person shall provide a statement to the reporting
				  individual or procurement employee within 60 days of the event. The statement
				  shall contain:
(1) The name and
				address of the person providing the expenses;
(2) A description of the expenses provided
				each day; and
(3) The total value
				of the expenses provided for the honorarium event.
Rulemaking Authority
					 112.322(9)(b)
					 FS. Law Implemented 112.312,
					 112.3149
					 FS.
New 4-16-92.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.001 - Scope and Applicability of Chapter

Current through Reg. 50, No. 138; July 16, 2024
Section 11.
				062(2), F.S., prohibits departments of the executive branch, state
				universities, community colleges, and water management districts from using
				public funds to retain lobbyists to represent them before the legislative and
				executive branches, except through the use of full-time employees. Similarly,
				persons are prohibited from accepting public funds from these agencies for
				lobbying the legislative or executive branch. The statute authorizes the
				Commission to accept complaints of violations, investigate, and report its
				determinations. The rules in this Chapter 34-15, F.A.C., shall govern the
				receipt and disposition of all complaints reported to the Commission under this
				statute.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2)
					 FS.
New 2-16-95.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.0015 - Time Periods

Current through Reg. 50, No. 138; July 16, 2024
In computing any period of time prescribed or allowed by
				  these rules, by order of the Commission, the Chair, or another presiding
				  officer, or by any applicable statute, the time period shall be calculated in
				  accordance with Rule  28-106.103,
				  F.A.C.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2)
					 FS.
New 2-16-95, Amended
					 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.0016 - Filing and Serving Documents; Facsimile Transmissions

Current through Reg. 50, No. 138; July 16, 2024
Pleadings and other documents under the rules of this chapter
				  shall be filed and served in accordance with Rule
				   28-106.104, F.A.C, whether in
				  paper or electronic form, and shall contain the information required by that
				  rule.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2)
					 FS.
New 2-16-95, Amended
					 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.0017 - Presiding Officer

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of Commission proceedings under Section
				   11.062(2),
				  F.S., the presiding officer shall be the Chair of the Commission or, in the
				  event the Chair is unavailable, the Vice Chair of the
				  Commission.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2)
					 FS.
New 7-28-98.