Senate Bill 1862

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    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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