Senate Bill 2108

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    Florida Senate - 1998        (NP)                      SR 2108

    By Senator Bankhead





    8-1645-98

  1                    Senate Resolution No.     

  2         A resolution abating the Censure of a lobbyist.

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  4         WHEREAS, David R. Arpin of Jacksonville was a lobbyist

  5  registered at the Florida Senate in 1976, and

  6         WHEREAS, in the waning days of the 1976 regular

  7  session, Mr. Arpin wrote in his association's newsletter that

  8  a particular state senator's law firm reputedly represented a

  9  state agency, when in fact no such relationship existed, thus

10  raising the inference of improper conduct by or suggesting a

11  conflict of interest of a member of the Senate, and

12         WHEREAS, the affected senator filed a formal written

13  complaint against Mr. Arpin, and

14         WHEREAS, the Senate Committee on Rules and Calendar

15  conducted a legislative hearing, pursuant to notice, at which

16  the senator and Mr. Arpin both appeared and spoke, and

17         WHEREAS, at the legislative hearing, Mr. Arpin and his

18  lobbying principal were represented and advised by three

19  attorneys, each a senior member of The Florida Bar, and

20         WHEREAS, Mr. Arpin publicly tendered an apology and

21  printed a subsequent retraction in his association's

22  newsletter, and

23         WHEREAS, the Senate committee recommended that, for his

24  conduct, Mr. Arpin be disciplined by Censure under the

25  authority of Senate Rule 9, and

26         WHEREAS, the Journal of the Florida Senate on June 1,

27  1976, indicates that the committee's report and recommendation

28  were adopted by the Senate and that David R. Arpin stood

29  Censured by the Senate for violation of the obligations of a

30  lobbyist as contained in Senate Rule 9, and

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    Florida Senate - 1998        (NP)                      SR 2108
    8-1645-98




  1         WHEREAS, the Senate, in 1998, reasserts the high

  2  standard of conduct and inquiry that it expects each member of

  3  the professional lobbying corps to undertake before releasing

  4  information into the legislative process, and

  5         WHEREAS, the Senate recognizes that the passage of time

  6  ameliorates conditions existing in individual cases, and

  7         WHEREAS, David R. Arpin has given the Florida Senate

  8  his binding written assurance that he will seek no legal,

  9  declaratory, or equitable remedy, including monetary or other

10  damages, against the Florida Senate, its officers, members, or

11  agents, current, former, or future, and

12         WHEREAS, the Senate accepts that assurance as

13  consideration for the filing and adoption of this Resolution,

14  bolstered by the fact that over 20 years have passed since the

15  incident, a time during which any possible statute of

16  limitations has barred such a suit, and the equitable period

17  in which any such suit could have been brought has long ago

18  expired, and

19         WHEREAS, the legal effect of this Resolution and the

20  power of a succeeding Senate to abate a Censure adopted by a

21  predecessor Senate, is unclear, but the Florida Senate

22  nevertheless seeks to extend legislative grace to David R.

23  Arpin, NOW, THEREFORE,

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25  Be It Resolved by the Senate of the State of Florida:

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27         That, as a matter of legislative grace, the Censure

28  report as it appears on page 486 of the June 1, 1976, Senate

29  Journal, is abated as of the date of adoption of this

30  resolution.

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    Florida Senate - 1998        (NP)                      SR 2108
    8-1645-98




  1         BE IT FURTHER RESOLVED that the Florida Senate

  2  reasserts the continuing obligation of and necessity for

  3  lobbyists to take reasonable steps to ensure the truth of the

  4  statements they launch into the stream of legislative commerce

  5  in the course of lobbying for their clients' positions.

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