Florida Clerks of Court and
Comptrollers
Ethics - Gifts
Winter Conference
Jacksonville, Florida
January 30, 2014
Gift law and beyond
The primary gift law is found at s.
112.3148, F.S., but you must also be aware
of s. 112.313(2) and (4), F.S.
 Anything of value given in exchange for
your action or to influence you (quid pro
quo) is prohibited by s. 112.313(2), F.S.
 Compensation or anything of value given
to influence your action is prohibited by s.
112.313(4), F.S.

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What’s a gift

If you didn't pay for it, it may be a gift.
◦ Anything of value not primarily related
to contributions, expenditures, or other
political activities authorized under ch.
106, F.S.
◦ Anything you get, for which you do not
give equal or greater consideration
within 90 days.
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CEO 92-33
City commissioners received a gift, not a benefit of office, when
the city gave them a block of tickets to performances at a
municipally-owned theater. (The city received the tickets as a
condition of its lease agreement with the producers.)
There was no indication that the tickets were indirect gifts
from a lobbyist who lobbied the city commission, and no
indication that the city contract manager was a lobbyist who
lobbied the city commission.
The tickets were divided among the members of the city
commission for personal use or to distribute to others.
Members of the city commission could accept the tickets, but
where the combined face value of a set of tickets exceeded
$100, the commissioner had to disclose them on the quarterly
CE Form 9.
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Last month’s popular question
Is our office allowed to accept unsolicited gifts to
staff at Christmas?
 We received a check from an attorney’s office,
with a note that says they wanted to make a
donation to the staff’s Christmas party. We would
use this money to purchase door prizes to give in
a random drawing.
 We have vendors that send us actual prizes that
we would give in a random drawing.
 And, we get a lot of fruit and cookies.
 None of this is solicited.
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What gifts can I take?
The answer under the ethics laws depends
on the gift giver and on whether the
employee is a reporting individual or a
procurement employee (RIPE). This answer
does not address how an individual Clerk’s
office may further limit gifts to address
issues such as fairness and morale.
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“RIPE”
•
•
“Reporting Individual” is a public officer or
employee who files financial disclosure.
“Procurement Employee” is a state
executive or judicial branch employee who
participates in the procurement of
contractual services or commodities where
the cost exceeds $10,000 per fiscal year.
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2013, SB 2, Procurement Employee
112.3148 Reporting and prohibited receipt of gifts by individuals filing
full or limited public disclosure of financial interests and by procurement
employees.—
(2) As used in this section:
(e) “Procurement employee” means any employee of an officer,
department, board, commission, or council, or agency of the executive
branch or judicial branch of state government who has participated in the
preceding 12 months participates through decision, approval, disapproval,
recommendation, preparation of any part of a purchase request,
influencing the content of any specification or procurement standard,
rendering of advice, investigation, or auditing or in any other advisory
capacity in the procurement of contractual services or commodities as
defined in s. 287.012, if the cost of such services or commodities exceeds
or is expected to exceed $10,000 $1,000 in any fiscal year.
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Employee
Gift Giver
RIPE
Lobbyist, vendor, May not accept a gift worth over
or political
$100. Gifts worth over $25 will be
committee
reported by the gift giver on Form
30.
Relative of the
May accept the gift.
employee
Anyone else
not a RIPE
May accept the
gift. Beware
indirect gifts.
May accept the
gift.
May accept the gift. Gifts worth
May accept the
over $100 must be reported by the gift.
RIPE quarterly on Form 9.
Employees, even if they are not RIPEs, may NOT accept the gift if it is
given to influence their official action. Section 112.313(2) and (4), F.S.
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Gifts given to influence
Assume that:
 The gift is given to influence official action of
a public officer or employee.

The gift may not be accepted by the
Clerk or by any employee, whether or
not that employee is a RIPE.
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Soliciting Gifts

A RIPE is prohibited from soliciting any
gift from a political committee, a vendor,
or a lobbyist (including the partner, firm
or principal of a lobbyist) if it would
benefit the person or their immediate
family.
Section 112.3148(3), F.S.
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Gifts





Beginning in 2013, gifts from vendors to RIPEs are restricted the
same way as gifts from lobbyists.
ss. 112.3148(2)(f), (3), (4), and (5)(a), F.S.
Beginning in 2013, a RIPE and their parents, spouses, children, and
siblings are prohibited from accepting any gift from a political
committee. s. 112.31485, F.S.
It may be wise if no one who works for a RIPE solicits a gift from a
lobbyist, vendor, or political committee for the RIPE. (Indirect gift)
Lobbyist means anyone who, for compensation, is seeking or has
sought in the last 12 months to influence the governmental
decisions of a RIPE or a RIPE’s agency.
The term “lobbyist” includes the partner, firm, employer, or
principal of the lobbyist.
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Gift example
Assume that:
 The gift is not from a lobbyist, vendor, or political
committee.
 The gift is not given to influence official action of a
public officer or employee.

If a person gives an unsolicited “holiday” gift to an
employee in the Clerk’s office, the employee may
accept it. If the employee is a RIPE and the gift is
worth over $100, it must be reported on the
quarterly gift disclosure form.
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Value of a gift
You may not accept a gift worth over $100 from a
vendor, political committee or lobbyist (including the
lobbyist’s. partner, firm, employer, or principal).
 What’s the value of a gift?

◦ Generally, cost minus tax and gratuities.
◦ Lodging is $44 a night (state rate).
◦ Transportation is valued as comparable commercial
conveyance.
◦ Tickets are face value (daily or per event, whichever is
greater).

What do I have to report (quarterly)?
◦ Gifts worth over $100 from anyone except relatives as
defined by law (gifts from them are exempt)
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Thinking about who received a gift

If a person gives a gift to the Clerk’s office, not for a particular
employee, but to be distributed in a manner chosen by the office, I
do not find direct guidance from the Commission.

The gift could be evaluated based on the person(s) who ultimately
receive or benefit from it. Example, a tray of cookies or a dozen
Poinsettia plants are dropped of for the benefit of the entire office.
Divide the value by the number of employees at that location to
determine the value of the gifts. (Ensure it’s not an indirect gift to
the boss.)

The gift could be evaluated based on the person who accepts it for
the office to distribute (“re-gift”) later. If the person who accepts is
a RIPE (and the gift is not from a lobbyist, etc.) and the total gift is
worth over $100, that person would report the total value on the
quarterly gift disclosure form. When the gift is “re-gifted” in some
manner in the office, if a recipient is a RIPE and the “re-gifted”
portion is worth more than $100, the RIPE should also report the
gift.
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Gifts

Note that there may be some confusion
based on how the donation is received –
by whom and for whom. Commission on
Ethics rule 34-13.200 defines "donee" as
“the person who receives the gift, or on
whose behalf the gift is made.”
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How I see it

If a law firm’s employees genuinely like the employees
in the Clerk’s office; appreciate their patience,
helpfulness, and expediency; and wish to say “thank
you” with a reasonable gift, you should be proud to
accept it (remembering the quarterly gift disclosure
requirement for RIPEs).

If a law firm is offering a gift as some kind of subtle
quid pro quo, or in an attempt to curry favor
(treatment that any person off the street would not
normally receive from the Clerk’s office), you should
carefully evaluate how the gift might be viewed by an
outside person – regardless of the fact that the gift
would have no effect on your actions.
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It goes without saying that if the aim is to
create an expectation of a “favourable” act
in return for the gift or hospitality, then it
probably isn’t a gift.
Judith Irwin, “How corporate giftgiving can be ethical” 2012
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Gifts a RIPE may take
Gifts from the 37 types of relatives
included in the statutory definition
 Gifts on behalf of a governmental entity
or charitable organization
 Gifts from persons who are not lobbyists,
principals, vendors, but you must report
any valued over $100
 Gifts from government organizations and
DSOs, but you must report any valued
over $100

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RELATIVES in the Gift Ban
112.312 Definitions.
(21) “Relative,” unless otherwise specified in this part,
means an individual who is related to a public officer or
employee as father, mother, son, daughter, brother, sister, uncle,
aunt, first cousin, nephew, niece, husband, wife, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law, sisterin-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, half sister, grandparent,
great grandparent, grandchild, great grandchild, step
grandparent, step great grandparent, step grandchild, step great
grandchild, person who is engaged to be married to the public
officer or employee or who otherwise holds himself or herself
out as or is generally known as the person whom the public
officer or employee intends to marry or with whom the public
officer or employee intends to form a household, or any other
natural person having the same legal residence as the public
officer or employee.
THIRTY-SEVEN
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CE Rule on indirect gifts
Gifts.
34-13.310 Prohibitions Against Accepting and Giving
(6) Indirect Gifts.
(a) Where a gift is provided to a person other
than the reporting individual or procurement
employee by a political committee or committee of
continuous existence as defined in the campaign financing laws
(Chapter 106, F.S.), by a lobbyist who lobbies the agency of the
reporting individual or procurement employee, or by the
partner, firm, employer, or principal of a lobbyist, where the
gift or the benefit of the gift ultimately is received by
the reporting individual or procurement employee, and
where the gift is provided with the intent to benefit the
reporting individual or procurement employee, such gift
will be considered an indirect gift to the reporting individual or
procurement employee.
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CE Rule on indirect gifts
(b) Where a gift or the benefit of a gift is
provided to a reporting individual or procurement
employee by someone other than a political committee
or committee of continuous existence, a lobbyist, or the
partner, firm, employer, or principal of a lobbyist, but the
gift or the expense of the gift has been provided by or
paid for by a political committee or committee of
continuous existence, a lobbyist, or the partner, firm,
employer, or principal of a lobbyist, who intends thereby
to benefit the reporting individual or employee, such
gift will be considered an indirect gift to the reporting
individual or procurement employee.
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CE Rule on indirect gifts
(c) Factors which the Commission will consider in
determining whether an indirect gift has been made include but are
not limited to:
1. The existence or nonexistence of communications by the
donor indicating the donor’s intent to make or convey the gift to the
reporting individual or procurement employee rather than to the
intervening third person;
2. The existence or nonexistence of any relationship between
the donor and the third person, independent of the relationship
between the donor and the reporting individual or procurement
employee, that would motivate a gift to the third person;
3. The existence or nonexistence of any relationship between
the third person and the reporting individual or procurement
employee that would motivate the gift.
4. Whether the same or similar gifts have been or are being
provided to other persons having the same relationship to the donor
as the third person;
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CE Rule on indirect gifts
5. Whether, under the circumstances, the third person
had full and independent decision-making authority to
determine whether the reporting individual or procurement
employee, or another, would receive the gift;
6. Whether the third person was acting with the
knowledge or consent of, or under the direction of, the donor;
7. Whether there were or were intended any payments
or bookkeeping transactions between the third person and the
donor, reimbursing the third person for the gift; and
8. The degree of ownership or control the donor has
over the third person.
(d) The provisions of this subsection may be illustrated
by the following examples:
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CE Rule on indirect gifts


EXAMPLE 1: A law firm which lobbies the agency of Reporting
Individual C (“C”) invites all of its attorneys to attend a weekend
retreat. The attorneys are encouraged to bring their spouses or
significant others at the firm’s expense. C is married to an attorney
in the firm and has been asked by her spouse to attend the retreat.
The lodging provided to C for the retreat would be considered a
gift to C from her spouse and thus not prohibited, because the
firm’s invitation was extended to C’s spouse by virtue of his
employment with the firm.
EXAMPLE 2: Reporting Individual D (“D”) hosts a fox hunt
attended by other reporting individuals. Lobbyists who lobby the
agency of D give money to a third person, who is not a reporting
individual, to pay for the food and beverages which will be served at
the fox hunt. D orders and prepares the food and beverages. The
money provided to the third person by the lobbyists would be a
gift to D, because it was given with the intent of benefiting D and
his guests at the fox hunt.
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CE Rule on indirect gifts
EXAMPLE 3: A principal which employs 10 lobbyists who
lobby the agency of Reporting Individual M (“M”) channels a
gift costing $1,000 to M through its 10 lobbyists. Although
each lobbyist’s share of the gift is $100, the gift would be
prohibited because it is an indirect gift from the principal
with a value of excess of $100.
 EXAMPLE 4: Reporting Individual N (“N”) and N’s spouse
have arranged to take a vacation trip together. A lobbyist
who lobbies N’s agency meets with the spouse and offers to
pay for the spouse’s travel expenses, which would exceed
$100. The lobbyist and N’s spouse know each other only
through the lobbyist’s involvement with N. This would
constitute an indirect gift to N, and would be prohibited
because its value exceeds $100.

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CEO 93-27

Lobbyists provided door prizes for award
at a meeting of the Florida Sheriffs’
Association. If a door prize had a value in
excess of $100, that gift would be
considered an indirect gift pursuant to s.
112.3148(4), F.S., and the Commission’s
rules, and a sheriff would be prohibited
from accepting it (as an indirect gift).
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Gift Forms for RIPEs and Donors


Form 9 Quarterly Gift Disclosure (Gifts
Over $100)
Form 10 Annual Disclosure of Gifts From
Governmental Entities and Direct Support
Organizations and Honorarium Event
Related Expenses
◦ You are not required to file these forms for any
period (quarter or year) during which you did
not receive a reportable gift

Form 30 Donor’s Quarterly Gift Disclosure
(filed by lobbyists, vendors, political
committees)
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Honoraria
An honorarium is a payment, directly or indirectly,
to a RIPE, or any other person on his or her
behalf, as consideration for an oral presentation
or a writing other than a book, that is intended to
be published
s. 112.3149, F.S.
 An honorarium event is a meeting or function, or
a series of related meetings or functions such as a
convention held over several days, where the
RIPE has been invited to make a speech, address,
oration, or other oral presentation

Rule 34-13.230, F.A.C.
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Honoraria

A RIPE may not solicit an honoraria related to their public
office or duties

A RIPE may not accept an honoraria from political
committees, vendors, or lobbyists (and their principal,
employer, partner, or firm)

A RIPE may accept actual and reasonable expenses for
transportation, lodging, food and beverage, and registration
fees related to an honorarium event (unless otherwise
prohibited)

Annually, a RIPE must disclose honorarium event related
expenses paid by lobbyists
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Is “ethical public service” a
contradiction in terms?
. . . ethics of compliance: tell me what is
right, what is wrong, what is legal, what is
not permissible; if there is anything free
from blame, if there is any security from
accusation, tell me about these things so
that I can be judged an ethical public
servant.
Louis C. Gawthrop, Public Service
and Democracy, 1998, p. 153
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