Florida Senate - 2020 SB 1490 By Senator Bradley 5-00569-20 20201490__ 1 A bill to be entitled 2 An act relating to public officers and employees; 3 amending s. 112.3148, F.S.; defining terms; 4 authorizing specified reporting individuals and 5 procurement employees to accept gifts or compensation 6 to be used toward costs incurred due to a serious 7 bodily injury or the diagnosis of a serious disease or 8 illness of the individual, employee, or a child 9 thereof; specifying limitations and requirements; 10 amending ss. 11.045 and 112.3215, F.S.; revising 11 provisions regarding prohibited lobbying expenditures 12 in the legislative and executive branches to conform 13 to changes made by the act; providing an effective 14 date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Present subsections (9) and (10) of section 19 112.3148, Florida Statutes, are renumbered as subsections (10) 20 and (11), respectively, and a new subsection (9) is added to 21 that section, to read: 22 112.3148 Reporting and prohibited receipt of gifts by 23 individuals filing full or limited public disclosure of 24 financial interests and by procurement employees.— 25 (9)(a) As used in this subsection, the term: 26 1. “Serious bodily injury” means an injury that consists of 27 a physical condition that creates a substantial risk of death, 28 serious personal disfigurement, or protracted loss or impairment 29 of the function of a bodily member or organ and requires care 30 and treatment for an extended period of time. 31 2. “Serious disease or illness” means any disease or 32 illness, including cancer, which causes significant functional 33 impairment requiring care and treatment for an extended period 34 of time. 35 (b) Notwithstanding the limitations established in this 36 section, a reporting individual, not including any elected 37 officer, or a procurement employee may accept any gift or 38 compensation, regardless of value, if the reporting individual 39 or procurement employee, or his or her child, has suffered 40 serious bodily injury or has been diagnosed with a serious 41 disease or illness. Any gift or compensation accepted pursuant 42 to this subsection must be used toward expenses directly 43 incurred, or in connection with, the care and treatment of the 44 reporting individual, procurement employee, or a child thereof. 45 The reporting requirements under this section apply to any gift 46 made pursuant to this subsection. 47 Section 2. Paragraph (a) of subsection (4) of section 48 11.045, Florida Statutes, is amended to read: 49 11.045 Lobbying before the Legislature; registration and 50 reporting; exemptions; penalties.— 51 (4)(a) Notwithstanding s. 112.3148, s. 112.3149, or any 52 other provision of law to the contrary, no lobbyist or principal 53 shall make, directly or indirectly, and no member or employee of 54 the Legislature shall knowingly accept, directly or indirectly, 55 any expenditure, except floral arrangements or other celebratory 56 items given to legislators and displayed in chambers the opening 57 day of a regular session. However, a lobbyist or principal may 58 make, and an employee of the Legislature may accept, an 59 expenditure for a donation toward the care and treatment of a 60 serious bodily injury or a serious disease or illness of the 61 employee, or a child thereof, in accordance with the 62 requirements and limitations of s. 112.3148(9). 63 Section 3. Paragraph (a) of subsection (6) of section 64 112.3215, Florida Statutes, is amended to read: 65 112.3215 Lobbying before the executive branch or the 66 Constitution Revision Commission; registration and reporting; 67 investigation by commission.— 68 (6)(a) Notwithstanding s. 112.3148, s. 112.3149, or any 69 other provision of law to the contrary, no lobbyist or principal 70 shall make, directly or indirectly, and no agency official, 71 member, or employee shall knowingly accept, directly or 72 indirectly, any expenditure. However, a lobbyist or principal 73 may make, and a nonelected agency official or employee may 74 accept, an expenditure for a donation toward the care and 75 treatment of a serious bodily injury or a serious disease or 76 illness of the official or employee, or a child thereof, in 77 accordance with the requirements and limitations of s. 78 112.3148(9). 79 Section 4. This act shall take effect July 1, 2020.