Florida Senate - 2013 SB 1634 By Senator Lee 24-00637C-13 20131634__ 1 A bill to be entitled 2 An act relating to legislative lobbying expenditures; 3 reenacting and amending s. 11.045, F.S.; providing 4 exceptions when a member or an employee of the 5 Legislature may accept certain expenditures made by a 6 lobbyist or a principal; requiring each house of the 7 Legislature to adopt rules providing for event 8 approval and registration; establishing reporting 9 requirements for members and employees of the 10 Legislature; requiring each house of the Legislature 11 to provide by rule for the registration of events; 12 authorizing each house to establish rules for the 13 payment or exemption from the payment of registration 14 fees; providing that attendance reporting satisfies 15 other filing requirements; providing a member or 16 employee of the Legislature with a complete defense in 17 certain complaints if specified requirements are met; 18 defining the term “widely attended event”; requiring 19 that any event registration fees collected be 20 deposited into the Legislative Lobbyist Registration 21 Trust Fund; providing for the future expiration and 22 the reversion as of a specified date of statutory 23 text; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Subsections (4) through (9) of section 11.045, 28 Florida Statutes, are reenacted and amended to read: 29 11.045 Lobbying before the Legislature; registration and 30 reporting; event registration; exemptions; penalties.— 31 (4)(a) Notwithstanding s. 112.3148, s. 112.3149, or any 32 otherprovision oflaw to the contrary, no lobbyist or principal 33 mayshallmake, directly or indirectly, and no member or 34 employee of the Legislature mayshallknowingly accept, directly 35 or indirectly, any expenditure, except for the following: 36 1. Floral arrangements or other celebratory items given to 37 legislators and displayed in chambers the opening day of a 38 regular session. 39 2. Individual servings of nonalcoholic beverages provided 40 by a lobbyist or a principal as a courtesy to the attendees of a 41 meeting. 42 3. A single meal that is not solicited by the member or 43 employee of the Legislature, that is served as a part of a 44 scheduled meeting of an established membership organization that 45 is also a principal, and that is attended by the member or 46 employee of the Legislature as a featured speaker, moderator, or 47 participant of a panel discussion, provided that the member or 48 employee files a report recording his or her attendance with the 49 Secretary of the Senate or the Clerk of the House of 50 Representatives within 72 hours after attending the meeting. 51 4. Food and beverages provided as part of a widely attended 52 event hosted by a membership organization or governmental body 53 that is also a principal if: 54 a. The event is registered at least 8 days before the 55 event; 56 b. The estimated cost per attendee, including food, 57 beverages, entertainment, location, and related expenses, does 58 not exceed $25; 59 c. The event is held at a location accessible to the media, 60 the host of the event has affirmed that the media are not 61 excluded from the event, and members of the media may attend the 62 event at no charge; 63 d. The member or employee of the Legislature files a report 64 recording his or her attendance at such event with the Secretary 65 of the Senate or the Clerk of the House of Representatives 66 within 72 hours after attending the event; and 67 e. The invitation extended to the member or employee for 68 the event is not directly or indirectly solicited by the member 69 or employee. 70 (b) ANoperson may notshallprovide compensation for 71 lobbying to any individual or business entity that is not a 72 lobbying firm. 73 (c) Each house of the Legislature shall provide by rule, or 74 may provide by a joint rule adopted by both houses, for the 75 registration of an event as described in subparagraph (a)4. The 76 rule must establish a process for event approval, including the 77 posting of a list of approved events on each house’s website at 78 least 48 hours before the event occurs, and may provide for the 79 registration and payment of a registration fee, or an exemption 80 from the registration and registration fee, for such event. A 81 group that wishes to register an event must provide, at a 82 minimum, the following information: 83 1. Identification of the hosting membership organization or 84 governmental body. 85 2. The date of the event. 86 3. The location of the event. 87 4. An estimate of the total number of invitees expected to 88 attend and an estimate of the total number of qualifying 89 attendees to establish the event as a widely attended event. 90 5. A list of members and employees of the Legislature 91 invited to the event. 92 6. A description of the industry or profession represented 93 by the attendees of the event or the range of persons interested 94 in the given issue presented at the event. 95 7. A good faith estimate of the cost of the event per 96 attendee, including food, beverages, entertainment, location, 97 and related expenses. 98 (d) A member or employee of the Legislature who attends a 99 meeting or a widely attended event described in paragraph (a) 100 which is approved in accordance with the process adopted by rule 101 of the member’s or employee’s respective house, is required to 102 report his or her attendance at the meeting or event to the 103 Secretary of the Senate or the Clerk of the House of 104 Representatives within 72 hours after attending the meeting or 105 event. Each house of the Legislature shall establish by rule 106 procedures for attendance reporting by members and employees at 107 meetings and events as described in paragraph (a) and for the 108 publication on a website. A member or employee of the 109 Legislature shall satisfy the filing requirements of ss. 110 112.3148 and 112.3149 by filing a report in accordance with this 111 subsection. If an event has been approved and noticed and the 112 member or employee’s attendance has been reported in accordance 113 with this subsection and established rules, those combined 114 actions constitute an absolute defense for the member or 115 employee in response to a complaint alleging a violation of this 116 subsection, s. 112.3148, or s. 112.3149. 117 118 As used in this subsection, the term “widely attended event” 119 means an event that is reasonably expected to be attended by at 120 least 25 persons other than members and employees of the 121 Legislature. Attendance at such event must be open to persons 122 from throughout a given industry or profession, or to a wide 123 range of persons interested in a given issue presented at the 124 event. Officials and employees from branches or levels of 125 government other than the Legislature may count toward the 126 required minimum of 25 attendees, but relatives of a member or 127 employee of the Legislature as defined in s. 112.312 and guests 128 who accompany a member or employee of the Legislature do not 129 count toward the minimum attendance requirement. 130 (5) Each house of the Legislature shall provide by rule a 131 procedure by which a person, when in doubt about the 132 applicability and interpretation of this section in a particular 133 context, may submit in writing the facts for an advisory opinion 134 to the committee of either house and may appear in person before 135 the committee. The rule shall provide a procedure by which: 136 (a) The committee shall render advisory opinions to any 137 person who seeks advice as to whether the facts in a particular 138 case would constitute a violation of this section. 139 (b) The committee shall make sufficient deletions to 140 prevent disclosing the identity of persons in the decisions or 141 opinions. 142 (c) All advisory opinions of the committee shall be 143 numbered, dated, and open to public inspection. 144 (6) Each house of the Legislature shall provide by rule for 145 keeping all advisory opinions of the committees relating to 146 lobbying firms, lobbyists, and lobbying activities. The rule 147 shall also provide that each house keep a current list of 148 registered lobbyists along with reports required of lobbying 149 firms under this section, all of which shall be open for public 150 inspection. 151 (7) Each house of the Legislature shall provide by rule 152 that a committee of either house investigate any person upon 153 receipt of a sworn complaint alleging a violation of this 154 section, s. 112.3148, or s. 112.3149 by such person; also, the 155 rule shall provide that a committee of either house investigate 156 any lobbying firm upon receipt of audit information indicating a 157 possible violation other than a late-filed report. Such 158 proceedings shall be conducted pursuant to the rules of the 159 respective houses. If the committee finds that there has been a 160 violation of this section, s. 112.3148, or s. 112.3149, it shall 161 report its findings to the President of the Senate or the 162 Speaker of the House of Representatives, as appropriate, 163 together with a recommended penalty, to include a fine of not 164 more than $5,000, reprimand, censure, probation, or prohibition 165 from lobbying for a period of time not to exceed 24 months. Upon 166 the receipt of such report, the President of the Senate or the 167 Speaker of the House of Representatives shall cause the 168 committee report and recommendations to be brought before the 169 respective house and a final determination shall be made by a 170 majority of said house. 171 (8) Any person required to be registered or to provide 172 information pursuant to this section or pursuant to rules 173 established in conformity with this section who knowingly fails 174 to disclose any material fact required by this section or by 175 rules established in conformity with this section, or who 176 knowingly provides false information on any report required by 177 this section or by rules established in conformity with this 178 section, commits a noncriminal infraction, punishable by a fine 179 not to exceed $5,000. Such penalty shall be in addition to any 180 other penalty assessed by a house of the Legislature pursuant to 181 subsection (7). 182 (9) There is hereby created the Legislative Lobbyist 183 Registration Trust Fund, to be used for the purpose of funding 184 any office established for the administration of the 185 registration of lobbyists lobbying the Legislature, including 186 the payment of salaries and other expenses, and for the purpose 187 of paying the expenses incurred by the Legislature in providing 188 services to lobbyists. The trust fund is not subject to the 189 service charge to general revenue provisions of chapter 215. 190 Fees collected pursuant to rules established in accordance with 191 subsectionssubsection(2) and (4) shall be deposited into the 192 Legislative Lobbyist Registration Trust Fund. 193 Section 2. Effective June 30, 2015, the amendments to s. 194 11.045, Florida Statutes, made by this act shall expire, and the 195 text of that section shall revert to that in existence on April 196 7, 2012. 197 Section 3. This act shall take effect July 1, 2013.