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.