Florida Senate - 2020 CS for SB 1490
By the Committee on Governmental Oversight and Accountability;
and Senators Bradley, Broxson, Farmer, Bracy, and Rader
585-03007-20 20201490c1
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 the giving, solicitation, and acceptance
5 of gifts or compensation to be used toward costs
6 incurred due to a serious bodily injury or the
7 diagnosis of a serious disease or illness of specified
8 reporting individuals, procurement employees, or a
9 child thereof; specifying limitations and
10 requirements; amending ss. 11.045 and 112.3215, F.S.;
11 revising provisions regarding prohibited lobbying
12 expenditures in the legislative and executive branches
13 to conform to changes made by the act; providing an
14 effective 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 vendor doing business with the reporting individual’s
37 or procurement employee’s agency; a lobbyist who lobbies a
38 reporting individual’s or procurement employee’s agency; the
39 partner, firm, employer, or principal of a lobbyist; or another
40 person on behalf of the lobbyist or partner, firm, principal, or
41 employer of the lobbyist may provide, and a reporting
42 individual, not including any elected officer, or a procurement
43 employee may solicit or accept, any gift or compensation,
44 regardless of value, if the reporting individual or procurement
45 employee, or his or her child, has suffered serious bodily
46 injury or has been diagnosed with a serious disease or illness.
47 Any gift or compensation accepted pursuant to this subsection
48 must be used toward expenses directly incurred, or in connection
49 with, the care and treatment of the reporting individual,
50 procurement employee, or a child thereof. The reporting
51 requirements under this section apply to any gift made pursuant
52 to this subsection.
53 Section 2. Paragraph (a) of subsection (4) of section
54 11.045, Florida Statutes, is amended to read:
55 11.045 Lobbying before the Legislature; registration and
56 reporting; exemptions; penalties.—
57 (4)(a) Notwithstanding s. 112.3148, s. 112.3149, or any
58 other provision of law to the contrary, no lobbyist or principal
59 shall make, directly or indirectly, and no member or employee of
60 the Legislature shall knowingly accept, directly or indirectly,
61 any expenditure, except floral arrangements or other celebratory
62 items given to legislators and displayed in chambers the opening
63 day of a regular session. However, a lobbyist or principal may
64 make, and an employee of the Legislature may accept, an
65 expenditure for a donation toward the care and treatment of a
66 serious bodily injury or a serious disease or illness of the
67 employee, or a child thereof, in accordance with the
68 requirements and limitations of s. 112.3148(9).
69 Section 3. Paragraph (a) of subsection (6) of section
70 112.3215, Florida Statutes, is amended to read:
71 112.3215 Lobbying before the executive branch or the
72 Constitution Revision Commission; registration and reporting;
73 investigation by commission.—
74 (6)(a) Notwithstanding s. 112.3148, s. 112.3149, or any
75 other provision of law to the contrary, no lobbyist or principal
76 shall make, directly or indirectly, and no agency official,
77 member, or employee shall knowingly accept, directly or
78 indirectly, any expenditure. However, a lobbyist or principal
79 may make, and a nonelected agency official or employee may
80 accept, an expenditure for a donation toward the care and
81 treatment of a serious bodily injury or a serious disease or
82 illness of the official or employee, or a child thereof, in
83 accordance with the requirements and limitations of s.
84 112.3148(9).
85 Section 4. This act shall take effect July 1, 2020.