House Bill 3861

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    Florida House of Representatives - 1998                HB 3861

        By Representative Arnold






  1                      A bill to be entitled

  2         An act relating to public officers and

  3         employees; amending s. 112.3148, F.S.;

  4         providing that a gift from a direct-support

  5         organization to a governmental entity shall be

  6         for the benefit of the governmental entity only

  7         and may not be used for the personal benefit of

  8         any officer or employee of the governmental

  9         entity who is a reporting individual or

10         procurement employee or of any member of the

11         immediate family of such an officer or

12         employee, violation of which is subject to

13         penalties provided by law; requiring the

14         reporting of the purpose of such gifts;

15         providing an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Subsection (6) of section 112.3148, Florida

20  Statutes, is amended to read:

21         112.3148  Reporting and prohibited receipt of gifts by

22  individuals filing full or limited public disclosure of

23  financial interests and by procurement employees.--

24         (6)(a)  Notwithstanding the provisions of subsection

25  (5), an entity of the legislative or judicial branch, a

26  department or commission of the executive branch, a water

27  management district created pursuant to s. 373.069, Tri-County

28  Commuter Rail Authority, a county, a municipality, an airport

29  authority, or a school board may give, either directly or

30  indirectly, a gift having a value in excess of $100 to any

31  reporting individual or procurement employee if a public

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    Florida House of Representatives - 1998                HB 3861

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  1  purpose can be shown for the gift; and a direct-support

  2  organization specifically authorized by law to support a

  3  governmental entity may give such a gift to a reporting

  4  individual or procurement employee who is an officer or

  5  employee of such governmental entity, provided the gift is for

  6  the benefit of such governmental entity and not for the

  7  personal benefit of such officer or employee or of any member

  8  of the immediate family of such officer or employee.

  9         (b)  Notwithstanding the provisions of subsection (4),

10  a reporting individual or procurement employee may accept a

11  gift having a value in excess of $100 from an entity of the

12  legislative or judicial branch, a department or commission of

13  the executive branch, a water management district created

14  pursuant to s. 373.069, Tri-County Commuter Rail Authority, a

15  county, a municipality, an airport authority, or a school

16  board if a public purpose can be shown for the gift; and a

17  reporting individual or procurement employee who is an officer

18  or employee of a governmental entity supported by a

19  direct-support organization specifically authorized by law to

20  support such governmental entity may accept such a gift from

21  such direct-support organization, provided the gift is for the

22  benefit of such governmental entity and not for his or her own

23  personal benefit or the personal benefit of any member of his

24  or her immediate family.

25         (c)  No later than March 1 of each year, each

26  governmental entity or direct-support organization

27  specifically authorized by law to support a governmental

28  entity which has given a gift to a reporting individual or

29  procurement employee under paragraph (a) shall provide the

30  reporting individual or procurement employee with a statement

31  of each gift having a value in excess of $100 given to such

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    Florida House of Representatives - 1998                HB 3861

    163-230-98






  1  reporting individual or procurement employee by the

  2  governmental entity or direct-support organization during the

  3  preceding calendar year. Such report shall contain a

  4  description of each gift, the date on which the gift was

  5  given, the purpose for which the gift was given, and the value

  6  of the total gifts given by the governmental entity or

  7  direct-support organization to the reporting individual or

  8  procurement employee during the calendar year for which the

  9  report is made. A governmental entity may provide a single

10  report to the reporting individual or procurement employee of

11  gifts provided by the governmental entity and any

12  direct-support organization specifically authorized by law to

13  support such governmental entity.

14         (d)  No later than July 1 of each year, each reporting

15  individual or procurement employee shall file a statement

16  listing each gift having a value in excess of $100 received by

17  the reporting individual or procurement employee, either

18  directly or indirectly, from a governmental entity or a

19  direct-support organization specifically authorized by law to

20  support a governmental entity. The statement shall list the

21  name of the person providing the gift, a description of the

22  gift, the date or dates on which the gift was given, the

23  purpose for which the gift was given, and the value of the

24  total gifts given during the calendar year for which the

25  report is made. The reporting individual or procurement

26  employee shall attach to such statement any report received by

27  him or her in accordance with paragraph (c), which report

28  shall become a public record when filed with the statement of

29  the reporting individual or procurement employee. The

30  reporting individual or procurement employee may explain any

31  differences between the report of the reporting individual or

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    Florida House of Representatives - 1998                HB 3861

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  1  procurement employee and the attached reports. The annual

  2  report filed by a reporting individual shall be filed with the

  3  financial disclosure statement required by either s. 8, Art.

  4  II of the State Constitution or s. 112.3145, as applicable to

  5  the reporting individual. The annual report filed by a

  6  procurement employee shall be filed with the Department of

  7  State.

  8         Section 2.  This act shall take effect upon becoming a

  9  law.

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11            *****************************************

12                          HOUSE SUMMARY

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      Provides that gifts from a direct-support organization to
14    a governmental entity shall be for the benefit of the
      governmental entity only and may not be used for the
15    personal benefit of any officer or employee of the
      governmental entity who is a reporting individual or
16    procurement employee or of any member of the immediate
      family of such an officer or employee, violation of which
17    is subject to penalties provided by law. Requires the
      reporting of the purpose of such gifts.
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