CEO 91-60 -- October 25, 1991

GIFT ACCEPTANCE / DISCLOSURE

FLORIDA DEVELOPMENTAL DISABILITIES PLANNING COUNCIL

PROVIDING MEALS, TRANSPORTATION, AND LODGING TO LEGISLATORS

IN ORDER TO VIEW PROGRAMS WHICH MIGHT BE IMPLEMENTED

IN FLORIDA FOR THE DISABLED

To: Pete Marsh, Chairman of Florida Developmental Disabilities Planning Council (Tallahassee)

SUMMARY:

Under the gift law, the Florida Developmental Disabilities Planning Council is not prohibited from providing, and legislators are not prohibited from accepting, meals, transportation, and lodging given in order for the legislators to become acquainted with programs for the developmentally disabled which do not exist in Florida. The meals are exempt from the definition of "gift," and the transportation and lodging can be provided and accepted in spite of the Council's employment of a lobbyist because the transportation and lodging constitute gifts from a governmental entity for which a public purpose can be shown. Both the Council and legislative members must disclose the trips as provided in Section 112.3148(6), Florida Statutes.

QUESTION:

Do meals, travel, and lodging provided to members of the Florida Legislature by the Florida Developmental Disabilities Planning Council, in order for the legislators to review out-of-state programs for the developmentally disabled which might be beneficially implemented in Florida, constitute prohibited gifts?

Your question is answered in the negative.

In your letter of inquiry you advise that the Florida Developmental Disabilities Planning Council exists under Section 393.001, Florida Statutes, and that the primary purpose of the Council is to plan and advocate for services to persons with developmental disabilities. You further advise that the Council desires to provide meals, lodging, and transportation to legislators in order for the legislators to go on fact-finding trips to view programs for the developmentally disabled which the Council believes are exemplary but which have not yet been implemented or contemplated in Florida. It is the Council's view that such trips would serve a clear public purpose for the specific people of Florida on behalf of whom the Council advocates and for all citizens of Florida, based on the potential development of programs with a higher cost-benefit ratio than many of the current Florida programs and on potentially lower long-term costs to the general public. Our staff has made inquiry of legislative personnel and determined that the Council does employ a lobbyist who lobbies the Legislature.

The gift law provides in relevant part:

A reporting individual or procurement employee or any other person on his behalf is prohibited from knowingly accepting, directly or indirectly, a gift from a political committee or committee of continuous existence, as defined in s. 106.011, or from a lobbyist who lobbies the reporting individual's or procurement employee's agency, or directly or indirectly on behalf of the partner, firm, employer, or principal of a lobbyist, if he knows or reasonably believes that the gift has a value in excess of $100; however, such a gift may be accepted by such person on behalf of a governmental entity or a charitable organization. If the gift is accepted on behalf of a governmental entity or charitable organization, the person receiving the gift shall not maintain custody of the gift for any period of time beyond that reasonably necessary to arrange for the transfer of custody and ownership of the gift. [Section 112.3148(4), Florida Statutes.]

A political committee or a committee of continuous existence, as defined in s. 106.011; a lobbyist who lobbies a reporting individual's or procurement employee's agency; the partner, firm, employer, or principal of a lobbyist; or another on behalf of the lobbyist or partner, firm, principal, or employer of the lobbyist is prohibited from giving, either directly or indirectly, a gift that has a value in excess of $100 to the reporting individual or procurement employee or any other person on his behalf; however, such person may give a gift having a value in excess of $100 to a reporting individual or procurement employee if the gift is intended to be transferred to a governmental entity or a charitable organization. [Section 112.3148(5), Florida Statutes.]

Notwithstanding the provisions of subsection (5), an entity of the legislative or judicial branch, a department or commission of the executive branch, a county, a municipality, an airport authority, or a school board may give, either directly or indirectly, a gift having a value in excess of $100 to any reporting individual or procurement employee if a public purpose can be shown for the gift; and a direct-support organization specifically authorized by law to support a governmental entity may give such a gift to a reporting individual or procurement employee who is an officer or employee of such governmental entity. [Section 112.3148(6)(a), Florida Statutes.]

Notwithstanding the provisions of subsection (4), a reporting individual or procurement employee may accept a gift having a value in excess of $100 from an entity of the legislative or judicial branch, a department or commission of the executive branch, a county, a municipality, an airport authority, or a school board if a public purpose can be shown for the gift; and a reporting individual or procurement employee who is an officer or employee of a governmental entity supported by a direct-support organization specifically authorized by law to support such governmental entity may accept such a gift from such direct-support organization. [Section 112.3148(6)(b), Florida Statutes.]

Under the gift law, lodging and transportation would be "gifts" within the statutory meaning and thus could not be accepted by legislators from the employer or principal of a lobbyist if the value of the lodging and transportation in the aggregate exceeded $100, absent an exception or exemption to the statutory prohibition. Meals, since they are by their nature food and drink consumed at one sitting, could be accepted by the legislators, regardless of their source, unless they were solicited, and such food and drink need not be reported.

However, in your situation, for purposes of the gift law, we view the Council as being a part of a department (DHRS) of the executive branch, under Chapter 393, Florida Statutes, which provides in part:

There is created the Florida Developmental Disabilities Planning Council within the Department of Health and Rehabilitative Services... [Section 393.001(3), Florida Statutes.]

We therefore find that the transportation and lodging may be given and accepted under the provisions of Sections 112.3148(6)(a) and 112.3148(6)(b), Florida Statutes, as gifts for which a public purpose can be shown. It is apparent that legislators may better understand programs for the developmentally disabled which are not currently in existence in Florida by traveling to the location of such programs, and it is equally apparent that a public purpose is served by legislators viewing and evaluating programs which they may later officially consider for use in Florida. Thus, we find that the trips are of the type for which a public purpose can be shown, particularly in light of some of the duties assigned to the Council under Chapter 393, Florida Statutes, which include the following:

To advocate in behalf of persons with developmental disabilities.

To advise the executive and legislative branches of state government and the private sector on programs, policies, and proposed legislation pertaining to current and potential services to persons with developmental disabilities and their families. [Section 393.001(4)(a) and (4)(b), Florida Statutes.]

The Council and the legislators receiving such trips are required to report the trips under the applicable provisions of Sections 112.3148(6)(c) and 112.3148(6)(d), Florida Statutes, by March 1 and July 1, respectively.

Since our opinion here is limited to advice under the gift law, a portion of the Code of Ethics for Public Officers and Employees, we express no view nor make any representations as to the propriety of the Council's use of State funds for lobbying, under Section 11.062, Florida Statutes, or other applicable law.

Accordingly, we find that the Council may give and legislators may accept meals, transportation, and lodging for the purpose of reviewing programs for the developmentally disabled which may be considered for implementation in the State of Florida.