Florida Senate - 2020                             CS for SB 1490
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senators Bradley, Broxson, Farmer, Bracy, and Rader
       
       
       
       
       585-03007-20                                          20201490c1
    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 the giving, solicitation, and acceptance
    5         of gifts or compensation to be used toward costs
    6         incurred due to a serious bodily injury or the
    7         diagnosis of a serious disease or illness of specified
    8         reporting individuals, procurement employees, or a
    9         child thereof; specifying limitations and
   10         requirements; amending ss. 11.045 and 112.3215, F.S.;
   11         revising provisions regarding prohibited lobbying
   12         expenditures in the legislative and executive branches
   13         to conform to changes made by the act; providing an
   14         effective 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 vendor doing business with the reporting individual’s
   37  or procurement employee’s agency; a lobbyist who lobbies a
   38  reporting individual’s or procurement employee’s agency; the
   39  partner, firm, employer, or principal of a lobbyist; or another
   40  person on behalf of the lobbyist or partner, firm, principal, or
   41  employer of the lobbyist may provide, and a reporting
   42  individual, not including any elected officer, or a procurement
   43  employee may solicit or accept, any gift or compensation,
   44  regardless of value, if the reporting individual or procurement
   45  employee, or his or her child, has suffered serious bodily
   46  injury or has been diagnosed with a serious disease or illness.
   47  Any gift or compensation accepted pursuant to this subsection
   48  must be used toward expenses directly incurred, or in connection
   49  with, the care and treatment of the reporting individual,
   50  procurement employee, or a child thereof. The reporting
   51  requirements under this section apply to any gift made pursuant
   52  to this subsection.
   53         Section 2. Paragraph (a) of subsection (4) of section
   54  11.045, Florida Statutes, is amended to read:
   55         11.045 Lobbying before the Legislature; registration and
   56  reporting; exemptions; penalties.—
   57         (4)(a) Notwithstanding s. 112.3148, s. 112.3149, or any
   58  other provision of law to the contrary, no lobbyist or principal
   59  shall make, directly or indirectly, and no member or employee of
   60  the Legislature shall knowingly accept, directly or indirectly,
   61  any expenditure, except floral arrangements or other celebratory
   62  items given to legislators and displayed in chambers the opening
   63  day of a regular session. However, a lobbyist or principal may
   64  make, and an employee of the Legislature may accept, an
   65  expenditure for a donation toward the care and treatment of a
   66  serious bodily injury or a serious disease or illness of the
   67  employee, or a child thereof, in accordance with the
   68  requirements and limitations of s. 112.3148(9).
   69         Section 3. Paragraph (a) of subsection (6) of section
   70  112.3215, Florida Statutes, is amended to read:
   71         112.3215 Lobbying before the executive branch or the
   72  Constitution Revision Commission; registration and reporting;
   73  investigation by commission.—
   74         (6)(a) Notwithstanding s. 112.3148, s. 112.3149, or any
   75  other provision of law to the contrary, no lobbyist or principal
   76  shall make, directly or indirectly, and no agency official,
   77  member, or employee shall knowingly accept, directly or
   78  indirectly, any expenditure. However, a lobbyist or principal
   79  may make, and a nonelected agency official or employee may
   80  accept, an expenditure for a donation toward the care and
   81  treatment of a serious bodily injury or a serious disease or
   82  illness of the official or employee, or a child thereof, in
   83  accordance with the requirements and limitations of s.
   84  112.3148(9).
   85         Section 4. This act shall take effect July 1, 2020.