Florida Senate - 2012 SB 1818
By Senator Jones
13-00833-12 20121818__
1 A bill to be entitled
2 An act relating to legislative lobbying expenditures;
3 amending s. 11.045, F.S.; redefining the term
4 “expenditure”; specifying that the term “expenditure”
5 does not include the salary, benefits, services, fees,
6 commissions, gifts, or expenses associated primarily
7 with the recipient’s employment, business, or service;
8 specifying that the term does not include awards or
9 certificates given in recognition of the recipient’s
10 public, civic, charitable, or professional service;
11 specifying that the term does not include honorary
12 membership in a service or fraternal organization
13 presented merely as a courtesy by such organization;
14 specifying that the term does not include the use of a
15 public facility or public property, made available by
16 a governmental agency, for a public purpose;
17 specifying that the term does not include
18 transportation provided to a member or employee by an
19 agency in relation to officially approved governmental
20 business, or expenditures provided directly or
21 indirectly by a state, regional, or national
22 organization that promotes the exchange of ideas
23 between, or the professional development of, members
24 or employees, and whose membership is primarily
25 composed of elected or appointed public officials or
26 staff; defining the term “relative”; prohibiting a
27 member or employee of the Legislature from soliciting
28 or accepting an expenditure from a lobbyist or
29 principal when the expenditure is for the personal
30 benefit of the member or employee, another member or
31 employee, or a relative; establishing new expenditure
32 limitations; creating exceptions to the prohibition of
33 honorarium or certain expenditures in connection with
34 a legislative member or employee; requiring that each
35 legislative member or employee receiving certain
36 expenditures file quarterly expenditure statements
37 with the committee charged with the responsibility for
38 ethical conduct of lobbyists; prescribing the contents
39 of the quarterly report; authorizing additional
40 reporting requirements by legislative rule; providing
41 criteria for the valuation of expenditures; amending
42 ss. 112.3148 and 112.3149, F.S.; revising provisions
43 to conform to changes made by the act; providing an
44 effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Paragraph (d) of subsection (1) and subsection
49 (4) of section 11.045, Florida Statutes, are amended, and
50 paragraph (j) is added to subsection (1) of that section, to
51 read:
52 11.045 Lobbying before the Legislature; registration and
53 reporting; exemptions; penalties.—
54 (1) As used in this section, unless the context otherwise
55 requires:
56 (d) “Expenditure” means a payment, distribution, loan,
57 advance, reimbursement, deposit, or anything of value made by a
58 lobbyist or principal for the purpose of lobbying for which
59 compensation of equal or greater value is not given in return
60 within 90 days after receipt. The term “expenditure” does not
61 include:
62 1. Contributions or expenditures reported pursuant to
63 chapter 106 or federal election law, campaign-related personal
64 services provided without compensation by individuals
65 volunteering their time, any other contribution or expenditure
66 made by or to a political party or affiliated party committee,
67 or any other contribution or expenditure made by an organization
68 that is exempt from taxation under 26 U.S.C. s. 527 or s.
69 501(c)(4).
70 2. Salary, benefits, services, fees, commissions, gifts, or
71 expenses associated primarily with the recipient’s employment,
72 business, or service as an officer or director of a corporation
73 or organization.
74 3. An award, plaque, certificate, or similar personalized
75 item given in recognition of the recipient’s public, civic,
76 charitable, or professional service.
77 4. An honorary membership in a service or fraternal
78 organization presented merely as a courtesy by such
79 organization.
80 5. The use of a public facility or public property, made
81 available by a governmental agency, for a public purpose.
82 6. Transportation provided to a member or employee by an
83 agency in relation to officially approved governmental business.
84 7. Expenditures provided directly or indirectly by a state,
85 regional, or national organization that promotes the exchange of
86 ideas between, or the professional development of, members or
87 employees, and whose membership is primarily composed of elected
88 or appointed public officials or staff, to members of that
89 organization or officials or staff of a governmental agency that
90 is a member of that organization.
91 (j) “Relative” means an individual who is related to a
92 member or employee of the Legislature as father, mother, son,
93 daughter, brother, sister, uncle, aunt, first cousin, nephew,
94 niece, husband, wife, father-in-law, mother-in-law, son-in-law,
95 daughter-in-law, brother-in-law, sister-in-law, stepfather,
96 stepmother, stepson, stepdaughter, stepbrother, stepsister, half
97 brother, half sister, grandparent, great grandparent,
98 grandchild, great grandchild, step grandparent, step great
99 grandparent, step grandchild, step great grandchild, person who
100 is engaged to be married to the member or employee or who
101 otherwise holds himself or herself out as or is generally known
102 as the person whom the member or employee intends to marry or
103 with whom the member or employee intends to form a household, or
104 any other natural person having the same legal residence as the
105 member or employee.
106 (4)(a) A member or employee of the Legislature may not
107 solicit an expenditure from a lobbyist or principal if the
108 expenditure is for the personal benefit of the member or
109 employee, another member or employee, or the member’s or
110 employee’s relative.
111 (b)(a) A Notwithstanding s. 112.3148, s. 112.3149, or any
112 other provision of law to the contrary, no lobbyist or principal
113 may not shall make, directly or indirectly, and a no member or
114 employee of the Legislature may not shall knowingly accept,
115 directly or indirectly, any honorarium, as defined in s.
116 112.3149(1), or any expenditure in excess of $100, except:
117 floral arrangements or other celebratory items given to
118 legislators and displayed in chambers the opening day of a
119 regular session.
120 1. A legitimate expenditure in connection with the member’s
121 public office or employee’s public employment if the member or
122 employee obtains prior written approval from the President of
123 the Senate or the Speaker of the House of Representatives, as
124 appropriate; or
125 2. An expenditure from a relative.
126 (c)1. Each member or employee shall file a statement with
127 the committee by the end of each calendar quarter, for the
128 previous calendar quarter, containing a list of expenditures
129 accepted by the member or employee from a lobbyist or principal
130 which the member or employee believes to be in excess of $25 in
131 value and for which compensation was not provided by the member
132 or employee to the lobbyist or principal within 90 days after
133 receipt of the expenditure to reduce the value to $25 or less.
134 2. This quarterly statement need not include any
135 expenditure from a relative.
136 3. The quarterly statement must include:
137 a. A description of the expenditure, the monetary value of
138 the expenditure, the name and address of the lobbyist or
139 principal making the expenditure, and the date thereof. If any
140 of these facts, other than the expenditure description and
141 purpose, are unknown or not applicable, the report shall so
142 state.
143 b. A copy of any receipt for the expenditure provided to
144 the member or employee by the lobbyist or principal, if
145 provided.
146 4. The quarterly statement may include an explanation of
147 any difference between the member’s or employee’s statement and
148 the receipt provided by the donor.
149 5. If a member or employee has not received any expenditure
150 described in subparagraph 1. during a calendar quarter, he or
151 she is not required to file a statement under this subsection
152 for that calendar quarter.
153 6. Except as otherwise provided in this subsection,
154 statements shall be filed in accordance with the rules of the
155 member’s or employee’s respective house of the Legislature.
156 (d) Expenditures made pursuant to this subsection shall be
157 valued as gifts as provided in s. 112.3148(7). However, the
158 value of an expenditure received from multiple lobbyists and
159 principals is the total amount of the expenditure, not a pro
160 rata share of the expenditure.
161 (e)(b) A No person may not shall provide compensation for
162 lobbying to any individual or business entity that is not a
163 lobbying firm.
164 Section 2. Paragraph (d) of subsection (2) and subsection
165 (8) of section 112.3148, Florida Statutes, are amended to read:
166 112.3148 Reporting and prohibited receipt of gifts by
167 individuals filing full or limited public disclosure of
168 financial interests and by procurement employees.—
169 (2) As used in this section:
170 (d) “Reporting individual” means any individual other than
171 a member or employee of the Legislature, including a candidate
172 upon qualifying, who is required by law, pursuant to s. 8, Art.
173 II of the State Constitution or s. 112.3145, to file full or
174 limited public disclosure of his or her financial interests or
175 any individual who has been elected to, but has yet to
176 officially assume the responsibilities of, public office. For
177 purposes of implementing this section, the “agency” of a
178 reporting individual who is not an officer or employee in public
179 service is the agency to which the candidate seeks election, or
180 in the case of an individual elected to but yet to formally take
181 office, the agency in which the individual has been elected to
182 serve.
183 (8)(a) Each reporting individual, member or employee of the
184 Legislature, or procurement employee shall file a statement with
185 the Commission on Ethics not later than the last day of each
186 calendar quarter, for the previous calendar quarter, containing
187 a list of gifts that which he or she believes to be in excess of
188 $100 in value, if any, accepted by him or her, for which
189 compensation was not provided by the donee to the donor within
190 90 days of receipt of the gift to reduce the value to $100 or
191 less, except the following:
192 1. Gifts from relatives.
193 2. Gifts prohibited by subsection (4) or s. 112.313(4).
194 3. Items reportable pursuant to s. 11.045(4).
195 4.3. Gifts otherwise required to be disclosed by this
196 section.
197 (b) The statement must shall include:
198 1. A description of the gift, the monetary value of the
199 gift, the name and address of the person making the gift, and
200 the date dates thereof. If any of these facts, other than the
201 gift description, are unknown or not applicable, the report
202 shall so state.
203 2. A copy of any receipt for such gift provided to the
204 reporting individual or procurement employee by the donor.
205 (c) The statement may include an explanation of any
206 differences between the reporting individual’s or procurement
207 employee’s statement and the receipt provided by the donor.
208 (d) The reporting individual’s or procurement employee’s
209 statement shall be sworn to by such person as being a true,
210 accurate, and total listing of all such gifts.
211 (e) Statements must be filed not later than 5 p.m. of the
212 due date. However, any statement that is postmarked by the
213 United States Postal Service by midnight of the due date is
214 deemed to have been filed in a timely manner, and a certificate
215 of mailing obtained from and dated by the United States Postal
216 Service at the time of the mailing, or a receipt from an
217 established courier company, which bears a date on or before the
218 due date, constitutes proof of mailing in a timely manner.
219 (f) If a reporting individual or procurement employee has
220 not received any gift gifts described in paragraph (a) during a
221 calendar quarter, he or she is not required to file a statement
222 under this subsection for that calendar quarter.
223 Section 3. Paragraph (c) of subsection (1) of section
224 112.3149, Florida Statutes, is amended to read:
225 112.3149 Solicitation and disclosure of honoraria.—
226 (1) As used in this section:
227 (c) “Reporting individual” means any individual, other than
228 a member or employee of the Legislature, who is required by law,
229 pursuant to s. 8, Art. II of the State Constitution or s.
230 112.3145, to file a full or limited public disclosure of his or
231 her financial interests.
232 Section 4. This act shall take effect July 1, 2012.