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