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  other provision of law to the contrary, no lobbyist or principal
   33  may shall make, directly or indirectly, and no member or
   34  employee of the Legislature may shall knowingly 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) A No person may not shall provide 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  subsections subsection (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.