16765303, 34-13.100 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 16765303

Notice of Proposed Rule

Department:

COMMISSION ON ETHICS

Chapter:

GIFTS AND HONORARIA

Overview

RULE:

34-13.100	Purpose
34-13.110	Organization of Rule Chapter (Repealed)
34-13.120	Persons Who Are Subject to the Law
34-13.130	General Statement of the Law Regarding Gifts, Things of Value, Honoraria, and Honorarium Event Related Expenses
34-13.140	General Considerations for Reporting Individuals and Procurement Employees
34-13.150	General Considerations for Public Officers and Employees Who Are Not Reporting Individuals or Procurement Employees
34-13.160	General Considerations for Lobbyists, Their Partners, Firms, Employers, and Principals, and Political Committees, and Vendors
34-13.210	General Definition of "Gift."
34-13.214	Specific Examples of What Does Not Constitute a Gift
34-13.250	Procurement Employee Defined
34-13.270	Reporting Individual Defined
34-13.300	Prohibition Against Soliciting Gifts
34-13.310	Prohibitions Against Accepting and Giving Gifts
34-13.320	Exceptions to Prohibitions in Section 112.3148, F.S., Against Accepting and Giving Gifts
34-13.400	Quarterly Gift Disclosure for Reporting Individuals and Procurement Employees
34-13.410	Annual Gift Disclosures for Reporting Individuals and Procurement Employees
34-13.420	Quarterly Gift Disclosure for Lobbyists and Others
34-13.500	Gift Valuation
34-13.620	Prohibition Against Accepting Honoraria and Honoraria Event Related Expenses
34-13.630	Prohibition Against Providing Honoraria and Honoraria Event Related Expenses
34-13.710	Disclosures by Reporting Individuals and Procurement Employees

PURPOSE:

The proposed rule amendments to Chapter 34-13 eliminate obsolete, redundant, or unnecessary rule provisions; correct grammatical errors; update and simplify existing rule provisions; and correct statutory references.

SUMMARY:

The rules prescribe the circumstances in which public officers and employees can, and cannot, accept gifts or honorarium:
Rule 34-13.100, F.A.C. - Amendments clarify that Chapter 34 applies to local government attorneys, reference that the Commission can utilize provisions in the Chapter when it receives referrals, and correct grammatical errors.
Rule 34-13.110 - Being repealed as its entire purpose is to reference the "Parts" of Chapter 34-13, and the structure of the Florida Administrative Code no longer lends itself to division of rule chapters into "Parts."
Rule 34-13.120 - Amendments clarify that pertinent laws can be triggered when "things of value" are given, that in certain circumstances the gift laws are applicable to persons other than public officers or employees, and incorporate recent statutory changes pertaining to vendors and committees of continuous existence.
Section 34-13.130 - Amendments clarify that pertinent laws can be triggered when "things of value" are given, incorporate recent statutory changes pertaining to vendors and committees of continuous existence, relate that additional gift restrictions may apply under Sections 112.31485 and 112.3215, and indicate that certain gift laws extend to individuals besides public officers and public employees.
Rule 34-13.140 - Amendments reflect gift prohibitions recently added in Section 112.31485, incorporate recent statutory changes pertaining to vendors and committees of continuous existence, eliminate outdated reference to "Parts" of the Florida Administrative Code, and add relevant statutes to the Rulemaking Authority.
Rule 34-13.150 - Amendment adds relevant statute to the Rulemaking Authority. 
Rule 34-13.160 - Amendments reflect prohibitions recently added in Section 112.31485, eliminate outdated references to "Parts" of the Florida Administrative Code, and incorporate recent statutory changes related to vendors and committees of continuous existence.
Rule 34-13.210 - Amendments reflect that Section 112.3148 defines a "gift" differently than Section 112.31485.
Rule 34-13.214 - Amendment indicates the section refers only to those examples of exclusions to the definition of a "gift" that are found in Section 112.3148.
Rule 34-13.250 - Amendment corrects a statutory reference to Section 287.012.
Rule 34-13.270 - Amendments indicate the requirement to file a financial disclosure may be found in laws including, but not limited to, the Florida Constitution and Chapter 112, and adds Section 112.31485 as rulemaking authority.
Rule 34-13.300 - Amendments incorporate recent statutory changes pertinent to vendors and committees of continuous existence.
Rule 34-13.310 - Amendments incorporate recent statutory changes pertinent to vendors and committees of continuous existence, and reflect prohibitions recently added in Section 112.31485.
Rule 34-13.320 - Amendments incorporate recent statutory changes pertinent to vendors and committees of continuous existence, clarify that the exceptions mentioned apply only to "gifts" as that term is defined in Section 112.3148, and eliminate references to the dissolved Technological Research and Development Authority.
Rule 34-13.400 - Amendments relate that the law just excludes gifts prohibited by Section 112.3148 from the reporting requirements and eliminates outdated references to "Parts" of the Florida Administrative Code.
Rule 34-13.410 - Amendment eliminates reference to the Technological Research and Development Authority, which was recently dissolved.
Rule 34-13.420 - Amendments incorporate recent statutory changes pertinent to vendors and committees of continuous existence, and eliminates references to the Technological Research and Development Authority, which was recently dissolved.
Rule 34-13.500 - Amendment eliminates language that contradicts Rule 34-13.210(b).
Rule 34-13.620 - Amendments incorporate recent statutory changes pertinent to vendors and committees of continuous existence, as well as prohibitions recently added in Section 112.31485 concerning accepting certain expenses from political committees. 
Rule 34-13.630 - Amendments incorporate recent statutory changes pertinent to vendors and committees of continuous existence, as well as prohibitions recently added in Section 112.31485 concerning political committees giving certain expenses.
Rule 34-13.710 - Amendments incorporate recent statutory changes pertinent to vendors and committees of continuous existence.

RULEMAKING AUTHORITY:

Section 112.322(9)(b), Florida Statutes

LAW:

Sections 112.312, 112.313, 112.3148, 112.31485, 112.3149, Florida Statutes

PRINT PUBLISH DATE:

11/13/2015 Vol. 41/221

COMMENTS:

From 11/13/2015 To 12/4/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.