Senate Bill 2038
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 2038
By Senator Latvala
19-1389-98
1 A bill to be entitled
2 An act relating to gifts; amending s. 112.3148,
3 F.S.; providing criminal penalties for the
4 acceptance of or the failure by public officers
5 or public employees to report gifts of a
6 specified amount during a calendar year;
7 providing an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Subsections (4) and (8) of section
12 112.3148, Florida Statutes, are amended to read:
13 112.3148 Reporting and prohibited receipt of gifts by
14 individuals filing full or limited public disclosure of
15 financial interests and by procurement employees.--
16 (4)(a) A reporting individual or procurement employee
17 or any other person on his or her behalf is prohibited from
18 knowingly accepting, directly or indirectly, a gift from a
19 political committee or committee of continuous existence, as
20 defined in s. 106.011, or from a lobbyist who lobbies the
21 reporting individual's or procurement employee's agency, or
22 directly or indirectly on behalf of the partner, firm,
23 employer, or principal of a lobbyist, if he or she knows or
24 reasonably believes that the gift has a value in excess of
25 $100; however, such a gift may be accepted by such person on
26 behalf of a governmental entity or a charitable organization.
27 If the gift is accepted on behalf of a governmental entity or
28 charitable organization, the person receiving the gift shall
29 not maintain custody of the gift for any period of time beyond
30 that reasonably necessary to arrange for the transfer of
31 custody and ownership of the gift.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 2038
19-1389-98
1 (b) Any person who, in the same calendar year, accepts
2 a gift or gifts in violation of paragraph (a) which
3 individually or in the aggregate are valued in excess of
4 $1,000 commits a misdemeanor of the second degree, punishable
5 as provided in s. 775.082 or s. 775.083.
6 (8)(a) Each reporting individual or procurement
7 employee shall file a statement with the Secretary of State on
8 the last day of each calendar quarter, for the previous
9 calendar quarter, containing a list of gifts which he or she
10 believes to be in excess of $100 in value, if any, accepted by
11 him or her, except the following:
12 1. Gifts from relatives.
13 2. Gifts prohibited by subsection (4) or s.
14 112.313(4).
15 3. Gifts otherwise required to be disclosed by this
16 section.
17 (b) The statement shall include:
18 1. A description of the gift, the monetary value of
19 the gift, the name and address of the person making the gift,
20 and the dates thereof. If any of these facts, other than the
21 gift description, are unknown or not applicable, the report
22 shall so state.
23 2. A copy of any receipt for such gift provided to the
24 reporting individual or procurement employee by the donor.
25 (c) The statement may include an explanation of any
26 differences between the reporting individual's or procurement
27 employee's statement and the receipt provided by the donor.
28 (d) The reporting individual's or procurement
29 employee's statement shall be sworn to by such person as being
30 a true, accurate, and total listing of all such gifts.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 2038
19-1389-98
1 (e) If a reporting individual or procurement employee
2 has not received any gifts described in paragraph (a) during a
3 calendar quarter, he or she is not required to file a
4 statement under this subsection for that calendar quarter.
5 (f) Any person who, in the same calendar year,
6 knowingly fails to report a gift or gifts in violation of
7 paragraph (a) which individually or in the aggregate are
8 valued in excess of $1,000 commits a misdemeanor of the second
9 degree, punishable as provided in s. 775.082 or s. 775.083.
10 Section 2. This act shall take effect July 1, 1998.
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13 SENATE SUMMARY
14 Provides criminal penalties for reporting individuals or
procurement employees who accept or fail to report gifts
15 of more than $1,000 aggregate value in a calendar year.
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