Florida Regulations 34-13.400: Quarterly Gift Disclosure for Reporting Individuals and Procurement Employees
Current as of: 2024 | Check for updates
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(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 Florida Statutes § 112.3148;
(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 Fl. Admin. Code R. 34-13.320
(3) The quarterly gift disclosure statement shall include:
(a) A description of the gift, the monetary value of the gift, the name and address of the person making the gift, and the date(s) thereof. If any of these facts, other than the gift description, are unknown or not applicable, the report shall so state.
(b) A copy of any receipt for such gift provided to the reporting individual or procurement employee by the donor.
(4) The quarterly gift disclosure statement may include an explanation of any differences between the reporting individual’s or procurement employee’s statement and the receipt provided by the donor, and any other information which the reporting individual or procurement employee believes to be pertinent.
(5) If no gifts disclosable under this rule were received during a calendar quarter, the reporting individual or procurement employee is not required to file a statement under this rule for that calendar quarter.
(6) A reporting individual or procurement employee is obligated to disclose any gift reportable under this rule received during the period of his office or employment, regardless of whether the individual or employee still holds that office or employment at the time the quarterly disclosure statement must be filed.
(7) Where a gift valued over $100 has been given to a reporting individual or procurement employee by multiple donors, the names and addresses of all persons or entities who contributed to the acquisition of the gift shall be reported, unless unknown.
Rulemaking Authority 112.322(9)(b) FS. Law Implemented Florida Statutes § 112.3148. History-New 4-16-92, Amended 10-7-04, 1-11-16.
Terms Used In Florida Regulations 34-13.400
- Donor: The person who makes 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) Gifts from relatives;
(b) Gifts prohibited by Florida Statutes § 112.3148;
(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 Fl. Admin. Code R. 34-13.320
(3) The quarterly gift disclosure statement shall include:
(a) A description of the gift, the monetary value of the gift, the name and address of the person making the gift, and the date(s) thereof. If any of these facts, other than the gift description, are unknown or not applicable, the report shall so state.
(b) A copy of any receipt for such gift provided to the reporting individual or procurement employee by the donor.
(4) The quarterly gift disclosure statement may include an explanation of any differences between the reporting individual’s or procurement employee’s statement and the receipt provided by the donor, and any other information which the reporting individual or procurement employee believes to be pertinent.
(5) If no gifts disclosable under this rule were received during a calendar quarter, the reporting individual or procurement employee is not required to file a statement under this rule for that calendar quarter.
(6) A reporting individual or procurement employee is obligated to disclose any gift reportable under this rule received during the period of his office or employment, regardless of whether the individual or employee still holds that office or employment at the time the quarterly disclosure statement must be filed.
(7) Where a gift valued over $100 has been given to a reporting individual or procurement employee by multiple donors, the names and addresses of all persons or entities who contributed to the acquisition of the gift shall be reported, unless unknown.
Rulemaking Authority 112.322(9)(b) FS. Law Implemented Florida Statutes § 112.3148. History-New 4-16-92, Amended 10-7-04, 1-11-16.