Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SPB 7006
       
       
       
       
       
       
                                Barcode 766328                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  01/23/2013           .                                
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       The Committee on Ethics and Elections (Latvala) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 813 - 856
    4  and insert:
    5         Section 12. Paragraph (e) of subsection (2) of section
    6  112.3148, Florida Statutes is amended and paragraph (f) is added
    7  to that subsection, and subsections (3) through (5) of that
    8  section are amended, to read
    9         112.3148 Reporting and prohibited receipt of gifts by
   10  individuals filing full or limited public disclosure of
   11  financial interests and by procurement employees.—
   12         (2) As used in this section:
   13         (e) “Procurement employee” means any employee of an
   14  officer, department, board, commission, or council, or agency of
   15  the executive branch or judicial branch of state government who
   16  has participated in the preceding 12 months participates through
   17  decision, approval, disapproval, recommendation, preparation of
   18  any part of a purchase request, influencing the content of any
   19  specification or procurement standard, rendering of advice,
   20  investigation, or auditing or in any other advisory capacity in
   21  the procurement of contractual services or commodities as
   22  defined in s. 287.012, if the cost of such services or
   23  commodities exceeds or is expected to exceed $10,000 $1,000 in
   24  any year.
   25         (f) “Vendor” means a business entity doing business
   26  directly with an agency, such as renting, leasing, or selling
   27  any realty, goods, or services.
   28         (3) A reporting individual or procurement employee is
   29  prohibited from soliciting any gift from a political committee
   30  or committee of continuous existence, as defined in s. 106.011,
   31  or from a vendor doing business with the reporting individual’s
   32  or procurement employee’s agency or from a lobbyist who lobbies
   33  the reporting individual’s or procurement employee’s agency, or
   34  the partner, firm, employer, or principal of such lobbyist,
   35  where such gift is for the personal benefit of the reporting
   36  individual or procurement employee, another reporting individual
   37  or procurement employee, or any member of the immediate family
   38  of a reporting individual or procurement employee.
   39         (4) A reporting individual or procurement employee or any
   40  other person on his or her behalf is prohibited from knowingly
   41  accepting, directly or indirectly, a gift from a political
   42  committee or committee of continuous existence, as defined in s.
   43  106.011, or from a vendor doing business with the reporting
   44  individual’s or procurement employee’s agency or from a lobbyist
   45  who lobbies the reporting individual’s or procurement employee’s
   46  agency, or directly or indirectly on behalf of the partner,
   47  firm, employer, or principal of a lobbyist, if he or she knows
   48  or reasonably believes that the gift has a value in excess of
   49  $100; however, such a gift may be accepted by such person on
   50  behalf of a governmental entity or a charitable organization. If
   51  the gift is accepted on behalf of a governmental entity or
   52  charitable organization, the person receiving the gift shall not
   53  maintain custody of the gift for any period of time beyond that
   54  reasonably necessary to arrange for the transfer of custody and
   55  ownership of the gift.
   56         (5)(a) A political committee or a committee of continuous
   57  existence, as defined in s. 106.011 A vendor doing business with
   58  the reporting individual’s or procurement employee’s agency; a
   59  lobbyist who lobbies a reporting individual’s or procurement
   60  employee’s agency; the partner, firm, employer, or principal of
   61  a lobbyist; or another on behalf of the lobbyist or partner,
   62  firm, principal, or employer of the lobbyist is prohibited from
   63  giving, either directly or indirectly, a gift that has a value
   64  in excess of $100 to the reporting individual or procurement
   65  employee or any other person on his or her behalf; however, such
   66  person may give a gift having a value in excess of $100 to a
   67  reporting individual or procurement employee if the gift is
   68  intended to be transferred to a governmental entity or a
   69  charitable organization.
   70  
   71         Between lines 907 and 908
   72  insert:
   73         Section 14. Paragraph (e) of subsection (1) of section
   74  112.3149, Florida Statutes, is amended and paragraph (f) is
   75  added to that subsection, and subsections (3) and (4) of that
   76  subsection are amended, to read:
   77         112.3149 Solicitation and disclosure of honoraria.—
   78         (1) As used in this section:
   79         (e) “Procurement employee” means any employee of an
   80  officer, department, board, commission, or council, or agency of
   81  the executive branch or judicial branch of state government who
   82  has participated in the preceding 12 months participates through
   83  decision, approval, disapproval, recommendation, preparation of
   84  any part of a purchase request, influencing the content of any
   85  specification or procurement standard, rendering of advice,
   86  investigation, or auditing or in any other advisory capacity in
   87  the procurement of contractual services or commodities as
   88  defined in s. 287.012, if the cost of such services or
   89  commodities exceeds $10,000 $1,000 in any fiscal year.
   90         (f) “Vendor” means a business entity doing business
   91  directly with an agency, such as renting, leasing, or selling
   92  any realty, goods, or services.
   93         (3) A reporting individual or procurement employee is
   94  prohibited from knowingly accepting an honorarium from a
   95  political committee or committee of continuous existence, as
   96  defined in s. 106.011, from a vendor doing business with the
   97  reporting individual’s or procurement employee’s agency, from a
   98  lobbyist who lobbies the reporting individual’s or procurement
   99  employee’s agency, or from the employer, principal, partner, or
  100  firm of such a lobbyist.
  101         (4) A political committee or committee of continuous
  102  existence, as defined in s. 106.011, a vendor doing business
  103  with the reporting individual’s or procurement employee’s
  104  agency, a lobbyist who lobbies a reporting individual’s or
  105  procurement employee’s agency, or the employer, principal,
  106  partner, or firm of such a lobbyist is prohibited from giving an
  107  honorarium to a reporting individual or procurement employee.
  108  
  109  ================= T I T L E  A M E N D M E N T ================
  110         And the title is amended as follows:
  111         Delete line 144
  112  and insert:
  113         commission; amending s. 112.3148, F.S.; revising the
  114         definition of “procurement employee”; creating a
  115         definition for “vendor”; prohibiting a reporting
  116         individual or procurement employee from soliciting or
  117         knowingly accepting a gift from a vendor; deleting
  118  
  119         Delete line 162
  120  and insert:
  121         thereto; amending s. 112.3149, F.S.; revising the
  122         definition of “procurement employee”; creating a
  123         definition for “vendor”; prohibiting a reporting
  124         individual or procurement employee from knowingly
  125         accepting an honorarium from a vendor; prohibiting a
  126         vendor from giving an honorarium to a reporting
  127         individual or procurement employee; amending s.
  128         112.324, F.S.; authorizing