Florida Regulations 34-13.320: Exceptions to Prohibitions in Section 112.3148, F.S., Against Accepting and Giving Gifts
Current as of: 2024 | Check for updates
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Unless prohibited by other law, Florida Statutes § 112.3148, 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).
(2) 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 Florida Statutes § 373.069, the South Florida Regional Transportation Authority, or a school board may give, either directly or indirectly, to a reporting individual or procurement employee a gift having a value in excess of $100 if a public purpose can be shown for the gift. The reporting individual or procurement employee may accept such a gift if a public purpose can be shown for the gift.
(a) In order to show a public purpose for the gift, not only must there be a public purpose for the governmental entity’s having given the gift, but also there must be a public purpose in the reporting individual’s or procurement employee’s accepting the gift.
(b) “”Public purpose”” means that which promotes the public health, safety, and welfare of the citizens of the State or a political subdivision therein, rather than the welfare of a specific individual or class of persons. Where the gift involves attendance at a spectator event and is given by a governmental entity, and where the donee has no direct supervisory or regulatory authority over the event, persons participating in the event, or the governmental entity which gave the tickets to the donee, there is no public purpose shown for the giving of, or the receipt of, the gift.
(3) A direct-support organization specifically authorized by law to support a governmental entity may give, and the reporting individual or procurement employee may accept, a gift valued in excess of $100 if the reporting individual or procurement employee is an officer or employee of the governmental entity supported by the organization.
(4) A relative of the reporting individual or procurement employee may give, and the individual or employee may receive, a gift valued in excess of $100, 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 Florida Statutes § 112.3148. History-New 4-16-92, Amended 2-27-95, 10-7-04, 1-11-16.
Terms Used In Florida Regulations 34-13.320
- Donee: The recipient of a gift.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
(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).
(2) 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 Florida Statutes § 373.069, the South Florida Regional Transportation Authority, or a school board may give, either directly or indirectly, to a reporting individual or procurement employee a gift having a value in excess of $100 if a public purpose can be shown for the gift. The reporting individual or procurement employee may accept such a gift if a public purpose can be shown for the gift.
(a) In order to show a public purpose for the gift, not only must there be a public purpose for the governmental entity’s having given the gift, but also there must be a public purpose in the reporting individual’s or procurement employee’s accepting the gift.
(b) “”Public purpose”” means that which promotes the public health, safety, and welfare of the citizens of the State or a political subdivision therein, rather than the welfare of a specific individual or class of persons. Where the gift involves attendance at a spectator event and is given by a governmental entity, and where the donee has no direct supervisory or regulatory authority over the event, persons participating in the event, or the governmental entity which gave the tickets to the donee, there is no public purpose shown for the giving of, or the receipt of, the gift.
(3) A direct-support organization specifically authorized by law to support a governmental entity may give, and the reporting individual or procurement employee may accept, a gift valued in excess of $100 if the reporting individual or procurement employee is an officer or employee of the governmental entity supported by the organization.
(4) A relative of the reporting individual or procurement employee may give, and the individual or employee may receive, a gift valued in excess of $100, 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 Florida Statutes § 112.3148. History-New 4-16-92, Amended 2-27-95, 10-7-04, 1-11-16.