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.