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. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 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 oflaw to the contrary, a nolobbyist or 47 principal may not shallmake, directly or indirectly, and a no48 member or employee of the Legislature may not shallknowingly 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 Noperson may not shallprovide 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.