CS for SB 1490 First Engrossed 20201490e1 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 9 spouse or child thereof, who meet certain conditions; 10 specifying limitations and requirements; providing 11 reporting requirements; amending ss. 11.045 and 12 112.3215, F.S.; revising provisions regarding 13 prohibited lobbying expenditures in the legislative 14 and executive branches, respectively, to conform to 15 changes made by the act; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Present subsections (9) and (10) of section 20 112.3148, Florida Statutes, are renumbered as subsections (10) 21 and (11), respectively, and a new subsection (9) is added to 22 that section, to read: 23 112.3148 Reporting and prohibited receipt of gifts by 24 individuals filing full or limited public disclosure of 25 financial interests and by procurement employees.— 26 (9)(a) As used in this subsection, the term: 27 1. “Serious bodily injury” means an injury that consists of 28 a physical condition that creates a substantial risk of death, 29 serious personal disfigurement, or protracted loss or impairment 30 of the function of a bodily member or organ and requires care 31 and treatment for an extended period of time. 32 2. “Serious disease or illness” means any disease or 33 illness, including cancer, which causes significant functional 34 impairment requiring care and treatment for an extended period 35 of time. 36 (b) Notwithstanding the limitations established in this 37 section, a vendor doing business with the reporting individual’s 38 or procurement employee’s agency; a lobbyist who lobbies a 39 reporting individual’s or procurement employee’s agency; the 40 partner, firm, employer, or principal of a lobbyist; or another 41 person on behalf of the lobbyist or partner, firm, principal, or 42 employer of the lobbyist may provide, and a reporting 43 individual, not including any elected officer, or a procurement 44 employee may solicit or accept, any gift or compensation, 45 regardless of value, if the reporting individual or procurement 46 employee, or his or her spouse or child, has suffered serious 47 bodily injury or has been diagnosed with a serious disease or 48 illness during the period of his or her employment. Any gift or 49 compensation accepted pursuant to this subsection must be used 50 toward expenses directly incurred, or in connection with, the 51 care and treatment of the reporting individual, procurement 52 employee, or a spouse or child thereof. Notwithstanding the 53 reporting requirements of this section, a gift with a value of 54 $100 or more or a gift in any amount of cash or a cash 55 equivalent, such as a credit, setoff, or waiver of costs, which 56 is provided and accepted pursuant to this subsection must be 57 reported by the recipient of the gift to the Commission on 58 Ethics on a form and submitted in a manner designated by the 59 commission. 60 Section 2. Paragraph (a) of subsection (4) of section 61 11.045, Florida Statutes, is amended to read: 62 11.045 Lobbying before the Legislature; registration and 63 reporting; exemptions; penalties.— 64 (4)(a) Notwithstanding s. 112.3148, s. 112.3149, or any 65 other provision of law to the contrary, no lobbyist or principal 66 shall make, directly or indirectly, and no member or employee of 67 the Legislature shall knowingly accept, directly or indirectly, 68 any expenditure, except floral arrangements or other celebratory 69 items given to legislators and displayed in chambers the opening 70 day of a regular session. However, a lobbyist or principal may 71 make, and an employee of the Legislature may accept, an 72 expenditure for a donation toward the care and treatment of a 73 serious bodily injury or a serious disease or illness of the 74 employee, or a spouse or child thereof, in accordance with the 75 requirements and limitations of s. 112.3148(9). 76 Section 3. Paragraph (a) of subsection (6) of section 77 112.3215, Florida Statutes, is amended to read: 78 112.3215 Lobbying before the executive branch or the 79 Constitution Revision Commission; registration and reporting; 80 investigation by commission.— 81 (6)(a) Notwithstanding s. 112.3148, s. 112.3149, or any 82 other provision of law to the contrary, no lobbyist or principal 83 shall make, directly or indirectly, and no agency official, 84 member, or employee shall knowingly accept, directly or 85 indirectly, any expenditure. However, a lobbyist or principal 86 may make, and a nonelected agency official or employee may 87 accept, an expenditure for a donation toward the care and 88 treatment of a serious bodily injury or a serious disease or 89 illness of the official or employee, or a spouse or child 90 thereof, in accordance with the requirements and limitations of 91 s. 112.3148(9). 92 Section 4. This act shall take effect July 1, 2020.