Florida Regulations 25-21.050: Acceptance of Gifts
Current as of: 2024 | Check for updates
|
Other versions
(1) This rule is adopted to implement Florida Statutes § 112.326, authorizing agencies to impose more stringent standards of conduct upon their employees than those specified in Florida Statutes Chapter 112, Part III The provisions of (2) apply in addition to that part.
(2) A Commission employee shall not knowingly accept anything of value for which equal or greater consideration is not given from any entity listed below, its officers or employees. This prohibition shall further apply to any business entity that either directly or indirectly owns, controls, is an affiliate of or is a subsidiary of the listed entities. These include:
(a) An entity regulated by the Commission;
(b) An entity that is currently a party or has been a party in a Commission proceeding during the preceding 12 months; or
(c) A person or entity acting on behalf of a regulated entity or party.
(3) The provisions of subsection (2) shall not apply:
(a) When it is obvious from the circumstances that it is a relationship with a relative, as defined in Florida Statutes § 112.312(21), or a personal relationship that pre-existed the regulatory relationship and which involves reciprocity, rather than the regulatory relationship, that is the motivating factor for offering a thing of value;
(b) To incidental items with a value of $3.00 or less, determined as provided in Florida Statutes § 112.3148(7);
(c) To items that are offered to the public at large or to public or private groups, such as professional, community, religious, social, or sports organizations, of which the employee is a member and where the group is not limited to employees of the Commission. However, a Commission employee shall not accept without payment food or beverages provided at a reception or similar event that is held in conjunction with a conference or meeting when the reception or similar event is sponsored by a regulated entity, association of regulated entities, or a party.
(d) To retirement or other post-employment benefits received as a result of prior employment with a regulated entity or party to a proceeding, which benefits the employee would receive regardless of employment by the Commission.
(e) To the acceptance of assistance in circumstances endangering the employee’s or another person’s life or property.
(f) To employees in secretarial, clerical, maintenance, or similar positions, unless the employee serves in a secretarial position under the direct supervision of a Commissioner.
(g) To the acceptance of transportation in a regulated entity’s vehicle by an employee on a field visit to a site that is remote or difficult to access in a Commission vehicle.
(4) Violation of this rule shall constitute grounds for disciplinary action for conduct unbecoming a public employee.
(5) An employee who is uncertain about accepting anything of value may request a written advisory opinion from the General Counsel and Executive Director.
Rulemaking Authority 112.326 FS. Law Implemented Florida Statutes § 112.326. History-New 5-23-95.
(2) A Commission employee shall not knowingly accept anything of value for which equal or greater consideration is not given from any entity listed below, its officers or employees. This prohibition shall further apply to any business entity that either directly or indirectly owns, controls, is an affiliate of or is a subsidiary of the listed entities. These include:
(a) An entity regulated by the Commission;
(b) An entity that is currently a party or has been a party in a Commission proceeding during the preceding 12 months; or
(c) A person or entity acting on behalf of a regulated entity or party.
(3) The provisions of subsection (2) shall not apply:
(a) When it is obvious from the circumstances that it is a relationship with a relative, as defined in Florida Statutes § 112.312(21), or a personal relationship that pre-existed the regulatory relationship and which involves reciprocity, rather than the regulatory relationship, that is the motivating factor for offering a thing of value;
(b) To incidental items with a value of $3.00 or less, determined as provided in Florida Statutes § 112.3148(7);
(c) To items that are offered to the public at large or to public or private groups, such as professional, community, religious, social, or sports organizations, of which the employee is a member and where the group is not limited to employees of the Commission. However, a Commission employee shall not accept without payment food or beverages provided at a reception or similar event that is held in conjunction with a conference or meeting when the reception or similar event is sponsored by a regulated entity, association of regulated entities, or a party.
(d) To retirement or other post-employment benefits received as a result of prior employment with a regulated entity or party to a proceeding, which benefits the employee would receive regardless of employment by the Commission.
(e) To the acceptance of assistance in circumstances endangering the employee’s or another person’s life or property.
(f) To employees in secretarial, clerical, maintenance, or similar positions, unless the employee serves in a secretarial position under the direct supervision of a Commissioner.
(g) To the acceptance of transportation in a regulated entity’s vehicle by an employee on a field visit to a site that is remote or difficult to access in a Commission vehicle.
(4) Violation of this rule shall constitute grounds for disciplinary action for conduct unbecoming a public employee.
(5) An employee who is uncertain about accepting anything of value may request a written advisory opinion from the General Counsel and Executive Director.
Rulemaking Authority 112.326 FS. Law Implemented Florida Statutes § 112.326. History-New 5-23-95.