Florida Regulations 34-13.214: Specific Examples of What Does Not Constitute a Gift
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The following are specifically excluded from being a “”gift,”” for purposes of Florida Statutes § 112.3148:
(1) Salary, benefits, services, fees, commissions, expenses, or other things associated primarily with the donee‘s employment or business or service as an officer or director of a corporation or organization. “”Associated primarily with the donee’s employment or business”” means associated with the donee’s principal employer or business occupation and unrelated to the donee’s public position.
(2) Contributions or expenditures reported pursuant to the campaign financing law (Florida Statutes Chapter 106), campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party as long as it is not an indirect gift from a prohibited source.
(3) An honorarium or an expense related to an honorarium event paid to a person or his spouse.
(4) An award, plaque, certificate, or similar personalized item given in recognition of the donee’s public, civic, charitable, or professional service.
(5) An honorary membership in a service or fraternal organization presented merely as a courtesy by such organization.
(6) The use of a public facility or public property, made available by a governmental entity, for a public purpose.
(7) Transportation provided to a public officer or employee by an agency in relation to officially approved governmental business.
(8) Gifts provided directly or indirectly by a state, regional, or national organization which promotes the exchange of ideas between, or the professional development of, government officials or employees, and whose membership is primarily composed of elected or appointed public officials or staff, to members of that organization or officials or staff of a governmental agency that is a member of that organization.
Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.3148, 112.3149 FS. History-New 4-16-92, Amended 7-30-00, 10-7-04, 1-11-16.
Terms Used In Florida Regulations 34-13.214
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Donee: The recipient of a gift.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
(2) Contributions or expenditures reported pursuant to the campaign financing law (Florida Statutes Chapter 106), campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party as long as it is not an indirect gift from a prohibited source.
(3) An honorarium or an expense related to an honorarium event paid to a person or his spouse.
(4) An award, plaque, certificate, or similar personalized item given in recognition of the donee’s public, civic, charitable, or professional service.
(5) An honorary membership in a service or fraternal organization presented merely as a courtesy by such organization.
(6) The use of a public facility or public property, made available by a governmental entity, for a public purpose.
(7) Transportation provided to a public officer or employee by an agency in relation to officially approved governmental business.
(8) Gifts provided directly or indirectly by a state, regional, or national organization which promotes the exchange of ideas between, or the professional development of, government officials or employees, and whose membership is primarily composed of elected or appointed public officials or staff, to members of that organization or officials or staff of a governmental agency that is a member of that organization.
Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.3148, 112.3149 FS. History-New 4-16-92, Amended 7-30-00, 10-7-04, 1-11-16.