Florida Senate - 2014                                     SB 192
       By Senator Braynon
       36-00117-14                                            2014192__
    1                        A bill to be entitled                      
    2         An act relating to legislative lobbying expenditures;
    3         amending s. 11.045, F.S., and reenacting subsections
    4         (4)-(8), relating to lobbying before the Legislature;
    5         revising the term “expenditure” to exclude the use of
    6         a public facility or public property that is made
    7         available by a governmental entity to a legislator for
    8         a public purpose, to exempt such use from legislative
    9         lobbying requirements; providing exceptions when a
   10         member or an employee of the Legislature may accept
   11         certain expenditures made by a lobbyist or a
   12         principal; providing reporting requirements; requiring
   13         each house of the Legislature to establish rules
   14         governing reporting procedures; providing for the
   15         future expiration and the reversion as of a specified
   16         date of statutory text; providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Paragraph (c) of subsection (1) of section
   21  11.045, Florida Statutes, is amended, subsection (4) of that
   22  section is reenacted and amended, and subsections (5) through
   23  (8) of that section are reenacted, to read:
   24         11.045 Lobbying before the Legislature; registration and
   25  reporting; exemptions; penalties.—
   26         (1) As used in this section, unless the context otherwise
   27  requires:
   28         (c) “Expenditure” means a payment, distribution, loan,
   29  advance, reimbursement, deposit, or anything of value made by a
   30  lobbyist or principal for the purpose of lobbying. The term does
   31  not include the following:
   32         1. Contributions or expenditures reported pursuant to
   33  chapter 106 or federal election law, campaign-related personal
   34  services provided without compensation by individuals
   35  volunteering their time, any other contribution or expenditure
   36  made by or to a political party or affiliated party committee,
   37  or any other contribution or expenditure made by an organization
   38  that is exempt from taxation under 26 U.S.C. s. 527 or s.
   39  501(c)(4).
   40         2. A government-to-government use, which is the use of a
   41  public facility or public property that is made available by a
   42  governmental entity to a legislator for a public purpose,
   43  regardless of whether the governmental entity is required to
   44  register any person as a lobbyist pursuant to this section.
   45         (4)(a) Notwithstanding s. 112.3148, s. 112.3149, or any
   46  other provision of law to the contrary, a no lobbyist or
   47  principal may not shall make, directly or indirectly, and a no
   48  member or employee of the Legislature may not shall knowingly
   49  accept, directly or indirectly, any expenditure, except:
   50         1. Floral arrangements or other celebratory items given to
   51  legislators and displayed in chambers the opening day of a
   52  regular session.
   53         2. Individual servings of nonalcoholic beverages provided
   54  by a lobbyist or a principal as a courtesy to the attendees of a
   55  meeting.
   56         3. A meal, beverage, or event or meeting registration fee
   57  provided to a member or employee of the Legislature who attends
   58  a scheduled meeting of an established membership organization,
   59  that is a principal and whose membership is not primarily
   60  composed of lobbyists, as a featured speaker, moderator, or
   61  participant and provides a speech, address, oration, or other
   62  oral presentation. Such meal, beverage, and event or meeting
   63  registration fee are expenses related to an honorarium event
   64  under s. 112.3149.
   65         (b) A No person may not shall provide compensation for
   66  lobbying to any individual or business entity that is not a
   67  lobbying firm.
   68         (c) A member or employee of the Legislature who attends a
   69  meeting and accepts a meal, beverage, or event or meeting
   70  registration fee as permitted in subparagraph (a)3. shall file a
   71  report with the Secretary of the Senate or the Clerk of the
   72  House of Representatives no later than 15 days after attending
   73  the meeting. The report must contain, at a minimum, the date of
   74  the event, the name of the organization hosting the event, the
   75  topic or topics about which the member or employee spoke, and
   76  the value of the meal accepted. Each house of the Legislature
   77  shall establish by rule procedures for such reporting and for
   78  the publication of such reports on its website. Reports required
   79  to be filed by this paragraph satisfy the disclosure
   80  requirements in s. 112.3149(6).
   81         (5) Each house of the Legislature shall provide by rule a
   82  procedure by which a person, when in doubt about the
   83  applicability and interpretation of this section in a particular
   84  context, may submit in writing the facts for an advisory opinion
   85  to the committee of either house and may appear in person before
   86  the committee. The rule shall provide a procedure by which:
   87         (a) The committee shall render advisory opinions to any
   88  person who seeks advice as to whether the facts in a particular
   89  case would constitute a violation of this section.
   90         (b) The committee shall make sufficient deletions to
   91  prevent disclosing the identity of persons in the decisions or
   92  opinions.
   93         (c) All advisory opinions of the committee shall be
   94  numbered, dated, and open to public inspection.
   95         (6) Each house of the Legislature shall provide by rule for
   96  keeping all advisory opinions of the committees relating to
   97  lobbying firms, lobbyists, and lobbying activities. The rule
   98  shall also provide that each house keep a current list of
   99  registered lobbyists along with reports required of lobbying
  100  firms under this section, all of which shall be open for public
  101  inspection.
  102         (7) Each house of the Legislature shall provide by rule
  103  that a committee of either house investigate any person upon
  104  receipt of a sworn complaint alleging a violation of this
  105  section, s. 112.3148, or s. 112.3149 by such person; also, the
  106  rule shall provide that a committee of either house investigate
  107  any lobbying firm upon receipt of audit information indicating a
  108  possible violation other than a late-filed report. Such
  109  proceedings shall be conducted pursuant to the rules of the
  110  respective houses. If the committee finds that there has been a
  111  violation of this section, s. 112.3148, or s. 112.3149, it shall
  112  report its findings to the President of the Senate or the
  113  Speaker of the House of Representatives, as appropriate,
  114  together with a recommended penalty, to include a fine of not
  115  more than $5,000, reprimand, censure, probation, or prohibition
  116  from lobbying for a period of time not to exceed 24 months. Upon
  117  the receipt of such report, the President of the Senate or the
  118  Speaker of the House of Representatives shall cause the
  119  committee report and recommendations to be brought before the
  120  respective house and a final determination shall be made by a
  121  majority of said house.
  122         (8) Any person required to be registered or to provide
  123  information pursuant to this section or pursuant to rules
  124  established in conformity with this section who knowingly fails
  125  to disclose any material fact required by this section or by
  126  rules established in conformity with this section, or who
  127  knowingly provides false information on any report required by
  128  this section or by rules established in conformity with this
  129  section, commits a noncriminal infraction, punishable by a fine
  130  not to exceed $5,000. Such penalty shall be in addition to any
  131  other penalty assessed by a house of the Legislature pursuant to
  132  subsection (7).
  133         Section 2. The amendment made by this act to s. 11.045(4),
  134  Florida Statutes, shall expire June 30, 2016, and the text of
  135  that subsection shall revert to that in existence on April 7,
  136  2012, except that any amendments to such text enacted other than
  137  by this act shall be preserved and continue to operate to the
  138  extent that such amendments are not dependent upon portions of
  139  text which expire pursuant to this section.
  140         Section 3. This act shall take effect July 1, 2014.