§ 3-4. Definitions.

As used in this chapter, unless the context otherwise requires:

Board or county commission means the board of county commissioners of Brevard County, Florida, as well as the governing body, collegial board, or board of directors of any other decision-making board, advisory board, or advisory committee under the jurisdiction of the board of county commissioners.

County means Brevard County, Florida.

County official means any elected officer, appointed officer, or county employee under the jurisdiction of the board of county commissioners. "County official" includes, but is not limited to, all county commissioners, personal staff of each county commissioner, county managers, assistant county managers, department heads, joint employees with other governmental entities or agencies, and supervisory and non-supervisory part-time and full-time personnel employed by the board, including temporary and seasonal employees.

Gift means that which is accepted by a donee or by another on the donee's behalf, or that which is paid or given to another for or on behalf of a donee, directly, indirectly, or in trust for the donee's benefit or by any other means, for which equal or greater consideration is not given within 90 days of the date of delivery, including:

(1)

Real property.

(2)

The use of real property.

(3)

Tangible personal property or the use of tangible personal property.

(4)

Intangible personal property or the use of intangible personal property. Intangible personal property means property as defined in F.S. § 192.001(11)(b).

(5)

A preferential rate or terms on a debt, loan, goods, or services, which rate is below the customary rate and is not either a government rate available to all other similarly situated government employees or officials or a rate which is available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin.

(6)

Forgiveness of indebtedness.

(7)

Transportation, other than that provided to a county official by an agency in relation to officially approved governmental business, lodging, or parking.

(8)

Food or beverage.

(9)

Membership dues to the extent not authorized by board policy or contractual obligations.

(10)

Entrance fees, admission fees, or tickets to events, performances, or facilities.

(11)

Plants, flowers, or floral arrangements.

(12)

Services provided by persons pursuant to a professional license or certificate.

(13)

Other personal services for which a fee is normally charged by the person providing the services.

(14)

Any other similar service or thing having a value not already provided for in this definition.

(15)

The term "consideration" does not include a promise to pay or otherwise provide something of value unless the promise is in writing and enforceable through the courts.

"Gift" does not include:

(1)

A gift from a relative.

(2)

Salary, benefits, services, fees, commissions, gifts, or expenses associated primarily with the donee's employment, business, or service as an officer or director of a corporation or organization.

(3)

Except as provided in F.S. § 112.31485, contributions or expenditures reported pursuant to F.S. ch. 106, contributions or expenditures reported pursuant to federal election law, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party or affiliated party committee.

(4)

An honorarium or an expense related to an honorarium event paid to a person or the person's spouse.

(5)

An award, plaque, certificate, or similar personalized item given in recognition of the donee's public, civic, charitable, or professional service.

(6)

An honorary membership in a service or fraternal organization presented merely as a courtesy by such organization.

(7)

The use of a public facility or public property, made available by a governmental agency, for a public purpose.

(8)

Transportation provided to a county official by an agency in relation to officially approved governmental business.

(9)

Gifts provided directly or indirectly by a state, regional, or national organization which promotes the exchange of ideas between, or the professional development of, governmental 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.

Government action means any legislative, quasi-judicial, or administrative matter that may foreseeably be considered and acted upon by county officials, but shall not include an action which is ministerial in nature.

Lobbying activities means any communication, whether oral or written, direct or indirect, from a lobbyist made to any county official, including a member of the county commission, in a location other than a duly noticed and recorded public meeting or public hearing, where such communication is intended to or could reasonably be expected to influence the passage, defeat, or modification of an item which may foreseeably come:

(1)

Before a decision-making board, advisory board, or advisory committee for a vote or other formal action, or

(2)

Before a county official for an administrative approval or action.

Lobbying firm means a business entity, including any entity consisting of an individual lobbyist that receives, agrees to receive or is entitled to receive any compensation for the purpose of lobbying, whether through a partner, owner, officer, or employee of the business.

Lobbyist means any person, firm, corporation, partnership, limited liability company, or any other legal entity who or which is hired by a person for the sole purpose of conducting lobbying activities on behalf of that person. "Lobbyist" does not include:

(1)

A person acting in his/her own private capacity;

(2)

A county official or any other person affiliated with the county while acting in his or her official capacity or in connection with his or her official job responsibilities;

(3)

Any county officials who are acting in their official capacity or in the normal course of their duties;

(4)

A person who only addresses the board, a decision-making board, advisory board, or advisory committee during a publicly held meeting, including, but not limited to, the following portions: Consent agenda; public comment; new business; or, unfinished business;

(5)

An attorney, or any representative, retained or employed solely for the purpose of representing an individual or other legal entity during a publicly noticed meeting or hearing before any decision-making board, advisory board, or advisory committee;

(6)

A person or entity requested or compelled by a county official or by a member of a decision-making board, advisory board, or advisory committee to appear before such an entity;

(7)

A person or entity, including an expert witness, who does not meet with an individual county official prior to a meeting of the decision-making board, advisory board, or advisory committee considering a matter or measure but later appears before a decision-making board, advisory board, or advisory committee to present or give factual or opinion testimony about that matter or measure; or

(8)

A full-time or part-time employee or professional consultant while acting in the ordinary course of such employee's or consultant's scope of employment on behalf of his/her employer or client, provided such employer or client is not a lobbying firm.

Person means any natural person or any sole proprietor, corporation, partnership, limited liability company, joint venture, trust, or other legal entity in whatever form it has been created or named.

Principal means the person, firm, corporation, or other legal entity which has employed or retained a lobbyist.

Registration statement means the document that shall be maintained on the county website for the purposes of lobbyist registration containing:

(1)

The lobbyist's name, phone number, mailing address, and email address;

(2)

The name, phone number, and address of each principal represented;

(3)

The date of submission;

(4)

An oath or affirmation attesting that the information contained in the registration statement is true to the best of the lobbyist's knowledge and belief.

Relative means an individual who is related to a county official 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, sister-in-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 county official 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 county official intends to form a household, or any other natural person having the same legal residence as the county official.

Violation means engaging in an act with the intention or actual knowledge that the act is prohibited under this chapter.

(Ord. No. 2017-21, § 4, 9-19-17)