Florida Administrative Code › 53 - DEPARTMENT OF THE LOTTERY › 53 - Departmental › Chapter 53ER12 - EMERGENCY RULE FOR YEAR 2012 › Section 53ER12-18 - Code of Ethics

Current through Reg. 50, No. 138; July 16, 2024
(1) All employees
				of the Florida Lottery are subject to the provisions of Chapter 112, Part III,
				F.S., Chapter 24, F.S., and rules promulgated thereunder. Where there are
				differences between this rule and the statute, the stricter provisions will
				apply.
(2) Definitions. For
				purposes of this rule:
(a) "Chief ethics
				officer" means the Lottery's Deputy General Counsel.
(b) "Employee" means any person employed by
				the Florida Lottery.
(c) "Gift"
				means anything accepted by a person or on that person's behalf, whether
				directly or indirectly, for that person's benefit and for which no payment is
				made. Examples of gifts are: real property or the use thereof; tangible or
				intangible personal property or the use thereof; preferential rate or terms on
				a transaction not available to others similarly situated; forgiveness of a
				debt; transportation, lodging or parking; food or beverage; dues, fees and
				tickets; plants and flowers; personal services for which a fee is normally
				charged; or any other thing or service having an attributable value.
"Gift" does not include:
1. Salary, benefits, services, fees,
				commissions, gifts or expenses associated primarily with the donee's
				employment, business, or service as an officer or director of a corporation or
				organization (the donee's principal employer or business occupation and
				unrelated to the donee's public position); or
2. Contributions reported pursuant to the
				campaign financing law (Chapter 106, F.S.), campaign-related personal services
				provided by individuals volunteering their time, or any other contribution or
				expenditure by a political party; or
3. An honorarium or expense related to an
				honorarium event paid to a person or the person's spouse by someone other than
				a lobbyist or principal of a lobbyist; or
4. An award, plaque, certificate or similar
				personalized item given in recognition of the donee's public, civic, charitable
				or professional service, provided that such item has no separate commercial
				value; or
5. Honorary membership in
				a service or fraternal organization presented as a courtesy by the
				organization; or
6. Use of a public
				facility for a public purpose made available by a governmental agency;
				or
7. Transportation provided by an
				agency in relation to officially approved governmental business; or
8. Anything of value provided directly or
				indirectly by a state, regional or national organization which promotes the
				exchange of ideas between, or the professional development of, governmental
				officials or employees, and whose membership is primarily composed of elected
				or appointed public officials or staff, to members of that organization, or
				staff of a governmental agency that is a member of the
				organization.
(d) "Lobby"
				means to seek, on behalf of another person, to influence an agency with respect
				to a decision of the agency in the area of policy or procurement or an attempt
				to obtain the goodwill of an agency official or employee.
(e) "Lobbyist" means a person who is employed
				and receives payment for the purpose of lobbying, or a person who is
				principally employed for governmental affairs by another person or governmental
				entity to lobby on behalf of that other person or governmental entity,
				excluding an employee of an agency or of a legislative or judicial branch
				entity acting in the normal course of his or her duties.
(f) "Principal" means the person, firm,
				corporation or other entity which has employed or retained a
				lobbyist.
(g) "Procurement
				employee" means any employee who participates through decision, approval,
				disapproval, recommendation, preparation of any part of a purchase request,
				influencing the content of any specification or procurement standard, rendering
				of advice, investigation, or auditing or in any other advisory capacity in the
				procurement of contractual services or commodities as defined in Section
				 287.012, F.S., if the cost of
				such services or commodities exceeds $1, 000 in any year.
(h) "Relative" means a person who is related
				to an agency official or employee as father, mother, son, daughter, brother,
				sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law,
				mother-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
				stepsister, half-brother, half-sister, grandparent, great grandparent,
				grandchild, great grandchild, step grandparent, step great grandparent, step
				great grandchild, engaged to be married to the agency official or employee, or
				who otherwise holds himself or herself out as or is generally known as the
				person whom the agency official or employee intends to marry or with whom the
				agency official or employee intends to form a household, or any other natural
				person having the same legal residence as the agency official or
				employee.
(i) "Reporting
				individual" means any employee who is required by Section
				 112.3145, F.S., to file a full
				or limited public disclosure of his or her financial interests.
(j) "Secretary" means the Secretary of the
				Florida Lottery or an employee of the Lottery authorized to act on behalf of
				the Secretary.