Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 1634 Barcode 279702 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/02/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 otherprovision oflaw to the contrary, no lobbyist or principal 11 mayshallmake, directly or indirectly, and no member or 12 employee of the Legislature mayshallknowingly 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) ANoperson may notshallprovide 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.