Florida Senate - 2011                                    SB 1322
       
       
       
       By Senator Jones
       
       
       
       
       13-00782-11                                           20111322__
    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         transportation provided to a member or employee by an
   15         agency in relation to officially approved governmental
   16         business, or expenditures provided directly or
   17         indirectly by a state, regional, or national
   18         organization that promotes the exchange of ideas
   19         between, or the professional development of, members
   20         or employees, and whose membership is primarily
   21         composed of elected or appointed public officials or
   22         staff; defining the term “relative”; prohibiting a
   23         member or employee of the Legislature from soliciting
   24         or accepting an expenditure from a lobbyist or
   25         principal when the expenditure is for the personal
   26         benefit of the member, an employee, or others;
   27         establishing new expenditure limitations; creating
   28         exceptions for legitimate expenditures made in
   29         connection with the member’s public office or the
   30         employee’s public employment or for an expenditure
   31         from a relative; requiring each legislative member or
   32         employee receiving certain expenditures to file
   33         quarterly expenditure statements with the committee
   34         charged with the responsibility for ethical conduct of
   35         lobbyists; prescribing the contents of the quarterly
   36         report; authorizing additional reporting requirements
   37         by legislative rule; providing criteria for the
   38         valuation of expenditures; amending ss. 112.3148 and
   39         112.3149, F.S.; revising provisions to conform to
   40         changes made by the act; providing an effective date.
   41  
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Paragraph (d) of subsection (1) and subsection
   45  (4) of section 11.045, Florida Statutes, are amended, and
   46  paragraph (j) is added to subsection (1) of that section, to
   47  read:
   48         11.045 Lobbying before the Legislature; registration and
   49  reporting; exemptions; penalties.—
   50         (1) As used in this section, unless the context otherwise
   51  requires:
   52         (d) “Expenditure” means a payment, distribution, loan,
   53  advance, reimbursement, deposit, or anything of value made by a
   54  lobbyist or principal for the purpose of lobbying for which
   55  equal or greater consideration is not given within 90 days. The
   56  term “expenditure” does not include:
   57         1. Contributions or expenditures reported pursuant to
   58  chapter 106 or federal election law, campaign-related personal
   59  services provided without compensation by individuals
   60  volunteering their time, any other contribution or expenditure
   61  made by or to a political party, or any other contribution or
   62  expenditure made by an organization that is exempt from taxation
   63  under 26 U.S.C. s. 527 or s. 501(c)(4).
   64         2. Salary, benefits, services, fees, commissions, gifts, or
   65  expenses associated primarily with the recipient’s employment,
   66  business, or service as an officer or director of a corporation
   67  or organization.
   68         3. An award, plaque, certificate, or similar personalized
   69  item given in recognition of the recipient’s public, civic,
   70  charitable, or professional service.
   71         4. An honorary membership in a service or fraternal
   72  organization presented merely as a courtesy by such
   73  organization.
   74         5. The use of a public facility or public property, made
   75  available by a governmental agency, for a public purpose.
   76         6. Transportation provided to a member or employee by an
   77  agency in relation to officially approved governmental business.
   78         7. Expenditures provided directly or indirectly by a state,
   79  regional, or national organization that promotes the exchange of
   80  ideas between, or the professional development of, members or
   81  employees, and whose membership is primarily composed of elected
   82  or appointed public officials or staff, to members of that
   83  organization or officials or staff of a governmental agency that
   84  is a member of that organization.
   85         (j) “Relative” means an individual who is related to a
   86  member or employee of the Legislature as father, mother, son,
   87  daughter, brother, sister, uncle, aunt, first cousin, nephew,
   88  niece, husband, wife, father-in-law, mother-in-law, son-in-law,
   89  daughter-in-law, brother-in-law, sister-in-law, stepfather,
   90  stepmother, stepson, stepdaughter, stepbrother, stepsister, half
   91  brother, half sister, grandparent, great grandparent,
   92  grandchild, great grandchild, step grandparent, step great
   93  grandparent, step grandchild, step great grandchild, person who
   94  is engaged to be married to the member or employee or who
   95  otherwise holds himself or herself out as or is generally known
   96  as the person whom the member or employee intends to marry or
   97  with whom the member or employee intends to form a household, or
   98  any other natural person having the same legal residence as the
   99  member or employee.
  100         (4)(a)A member or employee of the Legislature may not
  101  solicit an expenditure from a lobbyist or principal if such
  102  expenditure is for the personal benefit of the member or
  103  employee, another member or employee, or the member’s or
  104  employee’s relative.
  105         (b)(a)A Notwithstanding s. 112.3148, s. 112.3149, or any
  106  other provision of law to the contrary, no lobbyist or principal
  107  may not shall make, directly or indirectly, and a no member or
  108  employee of the Legislature may not shall knowingly accept,
  109  directly or indirectly, any honorarium, as defined in s.
  110  112.3149(1), or any expenditure in excess of $100, except:
  111  floral arrangements or other celebratory items given to
  112  legislators and displayed in chambers the opening day of a
  113  regular session.
  114         1.A legitimate expenditure in connection with the member’s
  115  public office or employee’s public employment if the member or
  116  employee obtains prior written approval from the President of
  117  the Senate or the Speaker of the House of Representatives, as
  118  appropriate; or
  119         2.An expenditure from a relative.
  120         (c)1. Each member or employee shall file a statement with
  121  the committee by the end of each calendar quarter, for the
  122  previous calendar quarter, containing a list of expenditures
  123  accepted by the member or employee from a lobbyist or principal
  124  which the member or employee believes to be in excess of $25 in
  125  value and for which compensation was not provided by the member
  126  or employee to the lobbyist or principal within 90 days after
  127  receipt of the expenditure to reduce the value to $25 or less.
  128         2. This quarterly statement need not include any
  129  expenditure from a relative.
  130         3. The quarterly statement must include:
  131         a. A description of the expenditure, the monetary value of
  132  the expenditure, the name and address of the lobbyist or
  133  principal making the expenditure, and the dates thereof. If any
  134  of these facts, other than the expenditure description and
  135  purpose, are unknown or not applicable, the report shall so
  136  state.
  137         b. A copy of any receipt for such expenditure provided to
  138  the member or employee by the lobbyist or principal, if
  139  provided.
  140         4. The quarterly statement may include an explanation of
  141  any differences between the member’s or employee’s statement and
  142  the receipt provided by the donor.
  143         5. If a member or employee has not received any expenditure
  144  described in subparagraph 1. during a calendar quarter, he or
  145  she is not required to file a statement under this subsection
  146  for that calendar quarter.
  147         6. Except as otherwise provided in this subsection,
  148  statements shall be filed in accordance with the rules of the
  149  member’s or employee’s respective house of the Legislature.
  150         (d) Expenditures made pursuant to this subsection shall be
  151  valued as gifts as provided in s. 112.3148(7). However, the
  152  value of an expenditure received from multiple lobbyists and
  153  principals is the total amount of the expenditure, not a pro
  154  rata share of the expenditure.
  155         (e)(b) A No person may not shall provide compensation for
  156  lobbying to any individual or business entity that is not a
  157  lobbying firm.
  158         Section 2. Paragraph (d) of subsection (2) and subsection
  159  (8) of section 112.3148, Florida Statutes, are amended to read:
  160         112.3148 Reporting and prohibited receipt of gifts by
  161  individuals filing full or limited public disclosure of
  162  financial interests and by procurement employees.—
  163         (2) As used in this section:
  164         (d) “Reporting individual” means any individual other than
  165  a member or employee of the Legislature, including a candidate
  166  upon qualifying, who is required by law, pursuant to s. 8, Art.
  167  II of the State Constitution or s. 112.3145, to file full or
  168  limited public disclosure of his or her financial interests or
  169  any individual who has been elected to, but has yet to
  170  officially assume the responsibilities of, public office. For
  171  purposes of implementing this section, the “agency” of a
  172  reporting individual who is not an officer or employee in public
  173  service is the agency to which the candidate seeks election, or
  174  in the case of an individual elected to but yet to formally take
  175  office, the agency in which the individual has been elected to
  176  serve.
  177         (8)(a) Each reporting individual, member or employee of the
  178  Legislature, or procurement employee shall file a statement with
  179  the Commission on Ethics not later than the last day of each
  180  calendar quarter, for the previous calendar quarter, containing
  181  a list of gifts that which he or she believes to be in excess of
  182  $100 in value, if any, accepted by him or her, for which
  183  compensation was not provided by the donee to the donor within
  184  90 days of receipt of the gift to reduce the value to $100 or
  185  less, except the following:
  186         1. Gifts from relatives.
  187         2. Gifts prohibited by subsection (4) or s. 112.313(4).
  188         3.Items reportable pursuant to s. 11.045(4).
  189         4.3. Gifts otherwise required to be disclosed by this
  190  section.
  191         (b) The statement shall include:
  192         1. A description of the gift, the monetary value of the
  193  gift, the name and address of the person making the gift, and
  194  the dates thereof. If any of these facts, other than the gift
  195  description, are unknown or not applicable, the report shall so
  196  state.
  197         2. A copy of any receipt for such gift provided to the
  198  reporting individual or procurement employee by the donor.
  199         (c) The statement may include an explanation of any
  200  differences between the reporting individual’s or procurement
  201  employee’s statement and the receipt provided by the donor.
  202         (d) The reporting individual’s or procurement employee’s
  203  statement shall be sworn to by such person as being a true,
  204  accurate, and total listing of all such gifts.
  205         (e) Statements must be filed not later than 5 p.m. of the
  206  due date. However, any statement that is postmarked by the
  207  United States Postal Service by midnight of the due date is
  208  deemed to have been filed in a timely manner, and a certificate
  209  of mailing obtained from and dated by the United States Postal
  210  Service at the time of the mailing, or a receipt from an
  211  established courier company, which bears a date on or before the
  212  due date, constitutes proof of mailing in a timely manner.
  213         (f) If a reporting individual or procurement employee has
  214  not received any gifts described in paragraph (a) during a
  215  calendar quarter, he or she is not required to file a statement
  216  under this subsection for that calendar quarter.
  217         Section 3. Paragraph (c) of subsection (1) of section
  218  112.3149, Florida Statutes, is amended to read:
  219         112.3149 Solicitation and disclosure of honoraria.—
  220         (1) As used in this section:
  221         (c) “Reporting individual” means any individual, other than
  222  a member or employee of the Legislature, who is required by law,
  223  pursuant to s. 8, Art. II of the State Constitution or s.
  224  112.3145, to file a full or limited public disclosure of his or
  225  her financial interests.
  226         Section 4. This act shall take effect July 1, 2011.