Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1634
       
       
       
       
       
       
                                Barcode 279702                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2013           .                                
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       The Committee on Ethics and Elections (Lee) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (4) through (8) of section 11.045,
    6  Florida Statutes, are reenacted and amended to read:
    7         11.045 Lobbying before the Legislature; registration and
    8  reporting; exemptions; penalties.—
    9         (4)(a) Notwithstanding s. 112.3148, s. 112.3149, or any
   10  other provision of law to the contrary, no lobbyist or principal
   11  may shall make, directly or indirectly, and no member or
   12  employee of the Legislature may shall knowingly accept, directly
   13  or indirectly, any expenditure, except for the following:
   14         1. Floral arrangements or other celebratory items given to
   15  legislators and displayed in chambers the opening day of a
   16  regular session.
   17         2. Individual servings of nonalcoholic beverages provided
   18  by a lobbyist or a principal as a courtesy to the attendees of a
   19  meeting.
   20         3. A member or employee of the Legislature, who attends a
   21  scheduled meeting of an established membership organization,
   22  which is also a principal, as a featured speaker, moderator, or
   23  participant and provides a speech, address, oration, or other
   24  oral presentation, may accept a meal, beverage, or event or
   25  meeting registration fee. Such meal, beverage, and event or
   26  meeting registration fee are expenses related to an honorarium
   27  event under s. 112.3149.
   28         (b) A No person may not shall provide compensation for
   29  lobbying to any individual or business entity that is not a
   30  lobbying firm.
   31         (c) A member or employee of the Legislature who attends a
   32  meeting and accepts a meal, beverage, or event or meeting
   33  registration fee as permitted in subparagraph (a)3., is required
   34  to file a report with the Secretary of the Senate or the Clerk
   35  of the House of Representatives no later than 15 days after
   36  attending the meeting. The report must contain, at a minimum,
   37  the date of the event, the name of the organization hosting the
   38  event, the topic or topics about which the member or employee
   39  spoke, and the value of the meal accepted. Each house of the
   40  Legislature shall establish by rule procedures for such
   41  reporting and for the publication of such reports on its
   42  website. Reports required to be filed by this subsection satisfy
   43  the disclosure requirements in s. 112.3149(6).
   44         (5) Each house of the Legislature shall provide by rule a
   45  procedure by which a person, when in doubt about the
   46  applicability and interpretation of this section in a particular
   47  context, may submit in writing the facts for an advisory opinion
   48  to the committee of either house and may appear in person before
   49  the committee. The rule shall provide a procedure by which:
   50         (a) The committee shall render advisory opinions to any
   51  person who seeks advice as to whether the facts in a particular
   52  case would constitute a violation of this section.
   53         (b) The committee shall make sufficient deletions to
   54  prevent disclosing the identity of persons in the decisions or
   55  opinions.
   56         (c) All advisory opinions of the committee shall be
   57  numbered, dated, and open to public inspection.
   58         (6) Each house of the Legislature shall provide by rule for
   59  keeping all advisory opinions of the committees relating to
   60  lobbying firms, lobbyists, and lobbying activities. The rule
   61  shall also provide that each house keep a current list of
   62  registered lobbyists along with reports required of lobbying
   63  firms under this section, all of which shall be open for public
   64  inspection.
   65         (7) Each house of the Legislature shall provide by rule
   66  that a committee of either house investigate any person upon
   67  receipt of a sworn complaint alleging a violation of this
   68  section, s. 112.3148, or s. 112.3149 by such person; also, the
   69  rule shall provide that a committee of either house investigate
   70  any lobbying firm upon receipt of audit information indicating a
   71  possible violation other than a late-filed report. Such
   72  proceedings shall be conducted pursuant to the rules of the
   73  respective houses. If the committee finds that there has been a
   74  violation of this section, s. 112.3148, or s. 112.3149, it shall
   75  report its findings to the President of the Senate or the
   76  Speaker of the House of Representatives, as appropriate,
   77  together with a recommended penalty, to include a fine of not
   78  more than $5,000, reprimand, censure, probation, or prohibition
   79  from lobbying for a period of time not to exceed 24 months. Upon
   80  the receipt of such report, the President of the Senate or the
   81  Speaker of the House of Representatives shall cause the
   82  committee report and recommendations to be brought before the
   83  respective house and a final determination shall be made by a
   84  majority of said house.
   85         (8) Any person required to be registered or to provide
   86  information pursuant to this section or pursuant to rules
   87  established in conformity with this section who knowingly fails
   88  to disclose any material fact required by this section or by
   89  rules established in conformity with this section, or who
   90  knowingly provides false information on any report required by
   91  this section or by rules established in conformity with this
   92  section, commits a noncriminal infraction, punishable by a fine
   93  not to exceed $5,000. Such penalty shall be in addition to any
   94  other penalty assessed by a house of the Legislature pursuant to
   95  subsection (7).
   96         Section 2. The amendment to s. 11.045(4), Florida Statutes,
   97  shall expire June 30, 2015, and the text of that subsection
   98  shall revert to that in existence on April 7, 2012, except that
   99  any amendments to such text enacted other than by this act shall
  100  be preserved and continue to operate to the extent that such
  101  amendments are not dependent upon portions of text which expire
  102  pursuant to this section.
  103         Section 3. This act shall take effect July 1, 2013.
  104  
  105  ================= T I T L E  A M E N D M E N T ================
  106         And the title is amended as follows:
  107         Delete everything before the enacting clause
  108  and insert:
  109                        A bill to be entitled                      
  110         An act relating to legislative lobbying expenditures;
  111         reenacting and amending s. 11.045, F.S., relating to
  112         lobbying before the Legislature; providing exceptions
  113         when a member or an employee of the Legislature may
  114         accept certain expenditures made by a lobbyist or a
  115         principal; providing for the future expiration and the
  116         reversion as of a specified date of statutory text;
  117         providing an effective date.