Senate Bill 1862
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1862
By Senator Crist
20-776-98
1 A bill to be entitled
2 An act relating to public officers; requiring
3 public officers to pay for all personal
4 transportation expenses; amending s. 112.312,
5 F.S.; redefining the term "gift"; repealing s.
6 112.3148(7)(d), F.S., which provides for
7 determining the value of transportation for
8 purposes of gift disclosure; providing an
9 effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. A public officer as defined in section
14 112.313(1), Florida Statutes, shall pay for all transportation
15 expenses not provided by an agency in relation to officially
16 approved governmental business.
17 Section 2. Subsection (12) of section 112.312, Florida
18 Statutes, is amended to read:
19 112.312 Definitions.--As used in this part and for
20 purposes of the provisions of s. 8, Art. II of the State
21 Constitution, unless the context otherwise requires:
22 (12)(a) "Gift," for purposes of ethics in government
23 and financial disclosure required by law, means that which is
24 accepted by a donee or by another on the donee's behalf, or
25 that which is paid or given to another for or on behalf of a
26 donee, directly, indirectly, or in trust for the donee's
27 benefit or by any other means, for which equal or greater
28 consideration is not given, including:
29 1. Real property.
30 2. The use of real property.
31 3. Tangible or intangible personal property.
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Florida Senate - 1998 SB 1862
20-776-98
1 4. The use of tangible or intangible personal
2 property.
3 5. A preferential rate or terms on a debt, loan,
4 goods, or services, which rate is below the customary rate and
5 is not either a government rate available to all other
6 similarly situated government employees or officials or a rate
7 which is available to similarly situated members of the public
8 by virtue of occupation, affiliation, age, religion, sex, or
9 national origin.
10 6. Forgiveness of an indebtedness.
11 7. Transportation, other than that provided to a
12 public officer or employee by an agency in relation to
13 officially approved governmental business, lodging, or
14 parking.
15 7.8. Food or beverage.
16 8.9. Membership dues.
17 9.10. Entrance fees, admission fees, or tickets to
18 events, performances, or facilities.
19 10.11. Plants, flowers, or floral arrangements.
20 11.12. Services provided by persons pursuant to a
21 professional license or certificate.
22 12.13. Other personal services for which a fee is
23 normally charged by the person providing the services.
24 13.14. Any other similar service or thing having an
25 attributable value not already provided for in this section.
26 (b) "Gift" does not include:
27 1. Salary, benefits, services, fees, commissions,
28 gifts, or expenses associated primarily with the donee's
29 employment, business, or service as an officer or director of
30 a corporation or organization.
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Florida Senate - 1998 SB 1862
20-776-98
1 2. Contributions or expenditures reported pursuant to
2 chapter 106, campaign-related personal services provided
3 without compensation by individuals volunteering their time,
4 or any other contribution or expenditure by a political party.
5 3. An honorarium or an expense related to an
6 honorarium event paid to a person or the person's spouse.
7 4. An award, plaque, certificate, or similar
8 personalized item given in recognition of the donee's public,
9 civic, charitable, or professional service.
10 5. An honorary membership in a service or fraternal
11 organization presented merely as a courtesy by such
12 organization.
13 6. The use of a public facility or public property,
14 made available by a governmental agency, for a public purpose.
15 7. Transportation provided to a public officer or
16 employee by an agency in relation to officially approved
17 governmental business.
18 7.8. Gifts provided directly or indirectly by a state,
19 regional, or national organization which promotes the exchange
20 of ideas between, or the professional development of,
21 governmental officials or employees, and whose membership is
22 primarily composed of elected or appointed public officials or
23 staff, to members of that organization or officials or staff
24 of a governmental agency that is a member of that
25 organization.
26 (c) For the purposes of paragraph (a), "intangible
27 personal property" means property as defined in s.
28 192.001(11)(b).
29 Section 3. Paragraph (d) of subsection (7) of section
30 112.3148, Florida Statutes, is repealed.
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Florida Senate - 1998 SB 1862
20-776-98
1 Section 4. This act shall take effect upon becoming a
2 law.
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5 SENATE SUMMARY
6 Requires public officers to pay for all transportation
expenses not provided by an agency in relation to
7 officially approved governmental business. Removes
transportation from the definition of gift for disclosure
8 purposes.
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