Florida Gift Law V 1.2. F.A.C Prohibitions

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1 F.A.C Prohibitions Florida Gift Law (1) No lobbyist or principal shall make, directly or indirectly, and no agency official or employee shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. F.A.C Indirect Expenditures. (1) Where an expenditure is made to a person other than the agency official or employee by a lobbyist or principal, where the expenditure or the benefit of the expenditure ultimately is received by the agency official or employee, and where the expenditure is provided with the intent to benefit the agency official or employee, such expenditure will be considered a prohibited indirect expenditure to the agency official or employee. (2) Where an expenditure or the benefit of an expenditure is made to an agency official or employee by someone other than a lobbyist or principal, but the expenditure has been provided by or paid for by a lobbyist or principal who intends thereby to benefit the agency official or employee, such expenditure will be considered a prohibited indirect expenditure to the agency official or employee. F.A.C General Statement of the Law Regarding Gifts, Honoraria, and Honorarium Event Related Expenses. 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, and candidates are subject to the prohibition in Section (2), F.S., against soliciting or accepting anything of value based upon any understanding that their official action would be influenced thereby. F.A.C General Considerations for Public Officers, Employees, and Candidates Who Are Reporting Individuals or Procurement Employees. (2) Secondly, if it is determined that the gift, honorarium, or the payment of honorarium event related expenses can be solicited or accepted, then persons in this category should determine whether public disclosure must be made, according to the following general principles. (a) Gifts worth over $100 should be disclosed on a quarterly basis, except for gifts from close relatives and certain other persons in close relationships. Gifts worth over $100 from certain governmental entities or from certain private organizations supporting governmental entities should be disclosed on an annual basis. Gifts worth $100 or less do not have to be reported by the person receiving them. Specific rules about these disclosure requirements are contained in Part IV of this chapter. F.A.C 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. (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

2 another on the donor s behalf, will report the gift as provided in this rule. (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. (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. F.A.C Gift Valuation. In addition to the provisions contained in Section (7), F.S., a donee shall use the following rules to determine the value of a gift received from a donor: (1) Actual cost to the donor as stated in Section (7)(a), F.S., means the price paid by the donor which enabled the donor to provide the gift to the donee, excluding taxes and gratuities. Where the donor engages in the business of selling the item or service, other than personal services, that is provided as a gift, the donor s actual cost includes the total costs associated with providing the items or services divided by the number of units of goods or services produced. (3) Compensation provided by the donee as stated in Section (7)(b), F.S., means payment provided by the donee to the donor within 90 days after receipt of the gift, and excludes personal services rendered by the donee for the benefit of the donor. Where the gift received by a donee is a trip and includes payment or provision of the donee s transportation, lodging, recreational, or entertainment expenses by the donor, the value of the gift is equal to the total value of the various aspects of the trip paid or provided by the donor, and any consideration paid by the donee for the trip should be subtracted from the total value of the trip. EXAMPLE: Lobbyist X provides reporting individual Y with a trip to New York to see a play. X pays $300 for Y s round-trip airfare, $50 for Y s ground transportation, $150 for Y s hotel room, and $100 for Y s ticket to the play. In order to accept the trip from X, Y must pay X at least $500, so that the value of the gift from X does not exceed $100. (5) A ticket, entrance fee, or admission fee, such as a golf greens fee, which admits the donee to an event, function, or activity, is valued on the face value of the ticket or fee, or on a daily or per event basis, whichever is greater. (a) An event includes a series of related functions happening on consecutive days. If a series of tickets are given at the same time, such as a football season ticket, the value of the gift is the face value of all the tickets combined. (b) If a fee, fee waiver, or other expense such as a booster contribution, is a condition precedent to buying a ticket or multiple tickets, the value of the ticket includes the amount of that fee, fee waiver, or other expense prorated among the maximum number of tickets that could be purchased. The provisions of this subsection may be illustrated by the following example: EXAMPLE: Where the State University Athletic Association requires a $500 contribution to its Booster Organization to purchase one set of season tickets in a particular area in the stadium, and where each set of tickets cost $100 for five home games, each ticket would be valued at $120. (c) Where a ticket to an event involves seating in a skybox, the actual annual cost of leasing the skybox is included in the value of the ticket to the event. The annual cost of the lease shall be divided by the number of persons which can be seated in the skybox, and further divided by either: 1. The number of events held annually at the stadium, if known; or 2. The number of events held during the preceding year. The provisions of this subsection may be illustrated by the following example: EXAMPLE: Where the cost of leasing a skybox at a football stadium is $10,000 annually, where the skybox can seat 10 persons, where the stadium hosts five football games each year, and where a ticket to an event in the stadium costs $20, the value of a ticket for seating in the skybox for the event is $10,000 divided by 10 seats, divided by 5 games, plus $20 per ticket, or $220 per person. (d) The value of a ticket to a charitable event where a portion of the proceeds go to charity is the value

3 expressed on the face of the ticket. (e) A ticket where no value is expressed on the face of the ticket should be valued on a daily or per event basis, whichever is greater, i.e., the cost of admission to persons with similar tickets, regardless of the cost to the donor. (7) Where the donor is required to pay additional expenses as a condition precedent to being eligible to purchase or provide the gift, and where the expenses are for the primary benefit of the donor, or where the expenses are of a charitable nature, such expenses will not be included in determining the value of a gift provided to a donee. The provisions of this subsection may be illustrated by the following example: EXAMPLE: Lobbyist G ( G ), who lobbies the agency of Reporting Individual Q ( Q ), is a member at a country club and is required to pay an annual membership fee of $1,000 to the country club. Where G takes Q to play a round of golf at the country club, the cost of G s annual membership is a condition precedent to G being a member of the country club and is primarily for G s benefit. Thus, the $1,000 annual membership fee is not included in the cost of the round of golf G provided to Q. (8) Food and beverages consumed at a single sitting or meal are a single gift and are valued together. (9) The value of a gift of an admission ticket shall not include that portion of the cost which represents a charitable contribution, if the gift is provided by the charitable organization benefiting from the contribution. (10) The value of a gift provided to several individuals may be attributed on a pro rata basis among all of the individuals. If the gift is food, beverage, entertainment, or similar items, provided at a function for more than 10 people, the value of the gift to each individual shall be the total value of the items provided divided by the number of persons invited to the function, unless the items are purchased on a per person basis, in which case the value of the gift to each person is the per person cost. F.A.C Valuation of Gifts Provided by Multiple Donors. (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 (7), F.S, and Rule , 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 Section (3) and (4), F.S., and Rules and , 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 (5)(b), F.S., and Rules and , 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. F.S Lobbying before the Legislature; registration and reporting; exemptions; penalties. (1) As used in this section, unless the context otherwise requires: (d) Legislative action means introduction, sponsorship, testimony, debate, voting, or any other official action on any measure, resolution, amendment, nomination, appointment, or report of, or any matter that may be the subject of action by, either house of the Legislature or any committee thereof. (4)(a) Notwithstanding s , s , or any other provision of law to the contrary, no lobbyist or principal shall make, directly or indirectly, and no member or employee of the Legislature shall knowingly accept, directly or indirectly, any expenditure, except floral arrangements or other celebratory items given to legislators and displayed in chambers the opening day of a regular session. F.S Definitions. (12)(a) Gift, for purposes of ethics in government and financial disclosure required by law, means that which is accepted by a donee or by another on the donee s behalf, or that which is paid or given to

4 another for or on behalf of a donee, directly, indirectly, or in trust for the donee s benefit or by any other means, for which equal or greater consideration is not given within 90 days, including: 1. Real property. 2. The use of real property. 3. Tangible or intangible personal property. 4. The use of tangible or intangible personal property. 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 section. (b) 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. 2. Contributions or expenditures reported pursuant to chapter 106, contributions or expenditures reported pursuant to federal election law, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party or affiliated party committee. 3. An honorarium or an expense related to an honorarium event paid to a person or the person s 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 agency, 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, governmental 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. F.S Reporting and prohibited receipt of gifts by individuals filing full or limited public disclosure of financial interests and by procurement employees. (2) As used in this section:

5 (b)1. Lobbyist means any natural person who, for compensation, seeks, or sought during the preceding 12 months, to influence the governmental decisionmaking of a reporting individual or procurement employee or his or her agency or seeks, or sought during the preceding 12 months, to encourage the passage, defeat, or modification of any proposal or recommendation by the reporting individual or procurement employee or his or her agency. (5)(a) A political committee or a committee of continuous existence, as defined in s ; a lobbyist who lobbies a reporting individual s or procurement employee s agency; the partner, firm, employer, or principal of a lobbyist; or another on behalf of the lobbyist or partner, firm, principal, or employer of the lobbyist is prohibited from giving, either directly or indirectly, a gift that has a value in excess of $100 to the reporting individual or procurement employee or any other person on his or her behalf; however, such person may give a gift having a value in excess of $100 to a reporting individual or procurement employee if the gift is intended to be transferred to a governmental entity or a charitable organization. (7)(a) The value of a gift provided to a reporting individual or procurement employee shall be determined using actual cost to the donor, less taxes and gratuities, except as otherwise provided in this subsection, and, with respect to personal services provided by the donor, the reasonable and customary charge regularly charged for such service in the community in which the service is provided shall be used. If additional expenses are required as a condition precedent to eligibility of the donor to purchase or provide a gift and such expenses are primarily for the benefit of the donor or are of a charitable nature, such expenses shall not be included in determining the value of the gift. (d) Transportation shall be valued on a round-trip basis unless only one-way transportation is provided. Round-trip transportation expenses shall be considered a single gift. Transportation provided in a private conveyance shall be given the same value as transportation provided in a comparable commercial conveyance. (e) Lodging provided on consecutive days shall be considered a single gift. Lodging in a private residence shall be valued at the per diem rate provided in s (6)(a)1. less the meal allowance rate provided in s (6)(b). (f) Food and beverages which are not consumed at a single sitting or meal and which are provided on the same calendar day shall be considered a single gift, and the total value of all food and beverages provided on that date shall be considered the value of the gift. Food and beverage consumed at a single sitting or meal shall be considered a single gift, and the value of the food and beverage provided at that sitting or meal shall be considered the value of the gift. (g) Membership dues paid to the same organization during any 12-month period shall be considered a single gift. F.S Lobbying before the executive branch or the Constitution Revision Commission; registration and reporting; investigation by commission. (1) For the purposes of this section: (d) Expenditure means a payment, distribution, loan, advance, reimbursement, deposit, or anything of value made by a lobbyist or principal for the purpose of lobbying. The term expenditure does not include contributions or expenditures reported pursuant to chapter 106 or contributions or expenditures reported pursuant to federal election law, campaign-related personal services provided without compensation by individuals volunteering their time, any other contribution or expenditure made by or to a political party or an affiliated party committee, or any other contribution or expenditure made by an organization that is exempt from taxation under 26 U.S.C. s. 527 or s. 501(c)(4). (6)(a) Notwithstanding s , s , or any other provision of law to the contrary, no lobbyist or principal shall make, directly or indirectly, and no agency official, member, or employee shall knowingly accept, directly or indirectly, any expenditure.