CS for SB 1490                                   First Engrossed
       
       
       
       
       
       
       
       
       20201490e1
       
    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
    9         spouse or child thereof, who meet certain conditions;
   10         specifying limitations and requirements; providing
   11         reporting requirements; amending ss. 11.045 and
   12         112.3215, F.S.; revising provisions regarding
   13         prohibited lobbying expenditures in the legislative
   14         and executive branches, respectively, to conform to
   15         changes made by the act; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Present subsections (9) and (10) of section
   20  112.3148, Florida Statutes, are renumbered as subsections (10)
   21  and (11), respectively, and a new subsection (9) is added to
   22  that section, to read:
   23         112.3148 Reporting and prohibited receipt of gifts by
   24  individuals filing full or limited public disclosure of
   25  financial interests and by procurement employees.—
   26         (9)(a) As used in this subsection, the term:
   27         1. “Serious bodily injury” means an injury that consists of
   28  a physical condition that creates a substantial risk of death,
   29  serious personal disfigurement, or protracted loss or impairment
   30  of the function of a bodily member or organ and requires care
   31  and treatment for an extended period of time.
   32         2. “Serious disease or illness” means any disease or
   33  illness, including cancer, which causes significant functional
   34  impairment requiring care and treatment for an extended period
   35  of time.
   36         (b)Notwithstanding the limitations established in this
   37  section, a vendor doing business with the reporting individual’s
   38  or procurement employee’s agency; a lobbyist who lobbies a
   39  reporting individual’s or procurement employee’s agency; the
   40  partner, firm, employer, or principal of a lobbyist; or another
   41  person on behalf of the lobbyist or partner, firm, principal, or
   42  employer of the lobbyist may provide, and a reporting
   43  individual, not including any elected officer, or a procurement
   44  employee may solicit or accept, any gift or compensation,
   45  regardless of value, if the reporting individual or procurement
   46  employee, or his or her spouse or child, has suffered serious
   47  bodily injury or has been diagnosed with a serious disease or
   48  illness during the period of his or her employment. Any gift or
   49  compensation accepted pursuant to this subsection must be used
   50  toward expenses directly incurred, or in connection with, the
   51  care and treatment of the reporting individual, procurement
   52  employee, or a spouse or child thereof. Notwithstanding the
   53  reporting requirements of this section, a gift with a value of
   54  $100 or more or a gift in any amount of cash or a cash
   55  equivalent, such as a credit, setoff, or waiver of costs, which
   56  is provided and accepted pursuant to this subsection must be
   57  reported by the recipient of the gift to the Commission on
   58  Ethics on a form and submitted in a manner designated by the
   59  commission.
   60         Section 2. Paragraph (a) of subsection (4) of section
   61  11.045, Florida Statutes, is amended to read:
   62         11.045 Lobbying before the Legislature; registration and
   63  reporting; exemptions; penalties.—
   64         (4)(a) Notwithstanding s. 112.3148, s. 112.3149, or any
   65  other provision of law to the contrary, no lobbyist or principal
   66  shall make, directly or indirectly, and no member or employee of
   67  the Legislature shall knowingly accept, directly or indirectly,
   68  any expenditure, except floral arrangements or other celebratory
   69  items given to legislators and displayed in chambers the opening
   70  day of a regular session. However, a lobbyist or principal may
   71  make, and an employee of the Legislature may accept, an
   72  expenditure for a donation toward the care and treatment of a
   73  serious bodily injury or a serious disease or illness of the
   74  employee, or a spouse or child thereof, in accordance with the
   75  requirements and limitations of s. 112.3148(9).
   76         Section 3. Paragraph (a) of subsection (6) of section
   77  112.3215, Florida Statutes, is amended to read:
   78         112.3215 Lobbying before the executive branch or the
   79  Constitution Revision Commission; registration and reporting;
   80  investigation by commission.—
   81         (6)(a) Notwithstanding s. 112.3148, s. 112.3149, or any
   82  other provision of law to the contrary, no lobbyist or principal
   83  shall make, directly or indirectly, and no agency official,
   84  member, or employee shall knowingly accept, directly or
   85  indirectly, any expenditure. However, a lobbyist or principal
   86  may make, and a nonelected agency official or employee may
   87  accept, an expenditure for a donation toward the care and
   88  treatment of a serious bodily injury or a serious disease or
   89  illness of the official or employee, or a spouse or child
   90  thereof, in accordance with the requirements and limitations of
   91  s. 112.3148(9).
   92         Section 4. This act shall take effect July 1, 2020.