Florida Senate - 2020                                    SB 1490
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-00569-20                                            20201490__
    1                        A bill to be entitled                      
    2         An act relating to public officers and employees;
    3         amending s. 112.3148, F.S.; defining terms;
    4         authorizing specified reporting individuals and
    5         procurement employees to accept gifts or compensation
    6         to be used toward costs incurred due to a serious
    7         bodily injury or the diagnosis of a serious disease or
    8         illness of the individual, employee, or a child
    9         thereof; specifying limitations and requirements;
   10         amending ss. 11.045 and 112.3215, F.S.; revising
   11         provisions regarding prohibited lobbying expenditures
   12         in the legislative and executive branches to conform
   13         to changes made by the act; providing an effective
   14         date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Present subsections (9) and (10) of section
   19  112.3148, Florida Statutes, are renumbered as subsections (10)
   20  and (11), respectively, and a new subsection (9) is added to
   21  that section, to read:
   22         112.3148 Reporting and prohibited receipt of gifts by
   23  individuals filing full or limited public disclosure of
   24  financial interests and by procurement employees.—
   25         (9)(a) As used in this subsection, the term:
   26         1. “Serious bodily injury” means an injury that consists of
   27  a physical condition that creates a substantial risk of death,
   28  serious personal disfigurement, or protracted loss or impairment
   29  of the function of a bodily member or organ and requires care
   30  and treatment for an extended period of time.
   31         2. “Serious disease or illness” means any disease or
   32  illness, including cancer, which causes significant functional
   33  impairment requiring care and treatment for an extended period
   34  of time.
   35         (b)Notwithstanding the limitations established in this
   36  section, a reporting individual, not including any elected
   37  officer, or a procurement employee may accept any gift or
   38  compensation, regardless of value, if the reporting individual
   39  or procurement employee, or his or her child, has suffered
   40  serious bodily injury or has been diagnosed with a serious
   41  disease or illness. Any gift or compensation accepted pursuant
   42  to this subsection must be used toward expenses directly
   43  incurred, or in connection with, the care and treatment of the
   44  reporting individual, procurement employee, or a child thereof.
   45  The reporting requirements under this section apply to any gift
   46  made pursuant to this subsection.
   47         Section 2. Paragraph (a) of subsection (4) of section
   48  11.045, Florida Statutes, is amended to read:
   49         11.045 Lobbying before the Legislature; registration and
   50  reporting; exemptions; penalties.—
   51         (4)(a) Notwithstanding s. 112.3148, s. 112.3149, or any
   52  other provision of law to the contrary, no lobbyist or principal
   53  shall make, directly or indirectly, and no member or employee of
   54  the Legislature shall knowingly accept, directly or indirectly,
   55  any expenditure, except floral arrangements or other celebratory
   56  items given to legislators and displayed in chambers the opening
   57  day of a regular session. However, a lobbyist or principal may
   58  make, and an employee of the Legislature may accept, an
   59  expenditure for a donation toward the care and treatment of a
   60  serious bodily injury or a serious disease or illness of the
   61  employee, or a child thereof, in accordance with the
   62  requirements and limitations of s. 112.3148(9).
   63         Section 3. Paragraph (a) of subsection (6) of section
   64  112.3215, Florida Statutes, is amended to read:
   65         112.3215 Lobbying before the executive branch or the
   66  Constitution Revision Commission; registration and reporting;
   67  investigation by commission.—
   68         (6)(a) Notwithstanding s. 112.3148, s. 112.3149, or any
   69  other provision of law to the contrary, no lobbyist or principal
   70  shall make, directly or indirectly, and no agency official,
   71  member, or employee shall knowingly accept, directly or
   72  indirectly, any expenditure. However, a lobbyist or principal
   73  may make, and a nonelected agency official or employee may
   74  accept, an expenditure for a donation toward the care and
   75  treatment of a serious bodily injury or a serious disease or
   76  illness of the official or employee, or a child thereof, in
   77  accordance with the requirements and limitations of s.
   78  112.3148(9).
   79         Section 4. This act shall take effect July 1, 2020.