State Gift Law

Download the State Gift Law training audio file

This training will cover the state gift requirements as they relate to individuals who are required to file financial disclosure.

There are also city requirements on the receipt and reporting of some gifts that will be covered in a separate training segment.

The most important concepts involved in state law compliance are recognizing what gifts are prohibited and then understanding how gifts must be valued.

The three basic tenets of the state law:

1. No person can solicit or accept anything of value in return for an Official Action
2. No one may accept a gift valued in excess of $100 from a lobbyist, which basically means anyone who has an interest in a matter that may come before your board for resolution or recommendation, or anyone who represents someone with such an interest and
3. Any gift valued in excess of $100 from someone who is not a lobbyist and not a relative must be reported to the state or on a quarterly basis on forms available from the Commission on Ethics website.

In order to comply with these rules, it is important to understand the rules on gift valuation.

Some of these are pretty specific and perhaps different from what you might otherwise think.

For example, transportation provided to a reporting individual is valued at the cost of comparable commercial conveyance, which means that trips in a private airplane are valued at the commercial airfare available and at the same general time booked at the same time the private transportation is offered and accepted.

Lodging in a private residence or property is valued based on state per diem rates in 2013, the daily value of lodging provided free of charge is $44 per night.

The value of a meal consumed in a single seating is the price paid for the meal by the donor.

If there is not a per person cost, the value is determined by dividing the total cost of the event by the number of persons invited.

Even when admission to the event cannot be purchased by the public, the ticket has a value which is determined by dividing the total cost of the event by the number of persons invited.

Tickets to charitable meals or events are valued at the face value of the ticket, including the part that constitutes a charitable donation, unless the ticket is given to you directly by the charity.

In that case, the donation portion of the ticket price can be subtracted when valuing the ticket.

So if, for example, you are given two tickets to the American Cancer Society dinner with a face value of $100 each each, the value of the gift is $200 unless the tickets are given to you from the Cancer Society itself, in which case the value is the Cancer Society's cost per head of the meal.

The same rule would apply to tickets to a golf tournament or other event.

If you receive tickets, transportation, lodging, meals, etc.

From your employer unrelated to your city board service, then that benefit is not considered a gift for the purpose of these rules.

Finally, you can subtract from the value of a gift any consideration you have paid for that gift.

So, for example, if you stay in a private residence for three nights, a value of $132, and you give the donor a check or other compensation for at least $32, then the value of the gift would not be enough to trigger the valued in excess of $100 prohibition on receipt from a lobbyist or the mandatory reporting requirement to affect the valuation of the gift, any consideration must be given within 90 days of receipt of the gift.

The Florida Commission on Ethics enforces these rules.

Their staff is available to assist any public official or board member who is affected by these rules, and the City Attorney's office is also available to answer any questions you may have.

Please do not hesitate to get assistance if you have any questions about whether something constitutes a prohibited gift or a gift that must be reported on quarterly disclosure forms.