Title: Legislative Lobbying Expenditures

Summary: Redefining the term "expenditure"; prohibiting a member or employee of the Legislature from soliciting or accepting an expenditure from a lobbyist or principal when the expenditure is for the personal benefit of the member or employee, another member or employee, or a relative; establishing new expenditure limitations; creating exceptions to the prohibition of honorarium or certain expenditures in connection with a legislative member or employee; requiring that each legislative member or employee receiving certain expenditures file quarterly expenditure statements with the committee charged with the responsibility for ethical conduct of lobbyists, etc.

Full Text:
An act relating to legislative lobbying expenditures; amending s. 11.045, F.S.; redefining the term  expenditure ; specifying that the term  expenditure  does not include the salary, benefits, services, fees, commissions, gifts, or expenses associated primarily with the recipient s employment, business, or service; specifying that the term does not include awards or certificates given in recognition of the recipient s public, civic, charitable, or professional service; specifying that the term does not include honorary membership in a service or fraternal organization presented merely as a courtesy by such organization; specifying that the term does not include the use of a public facility or public property, made available by a governmental agency, for a public purpose; specifying that the term does not include transportation provided to a member or employee by an agency in relation to officially approved governmental business, or expenditures provided directly or indirectly by a state, regional, or national organization that promotes the exchange of ideas between, or the professional development of, members or employees, and whose membership is primarily composed of elected or appointed public officials or staff; defining the term  relative ; prohibiting a member or employee of the Legislature from soliciting or accepting an expenditure from a lobbyist or principal when the expenditure is for the personal benefit of the member or employee, another member or employee, or a relative; establishing new expenditure limitations; creating exceptions to the prohibition of honorarium or certain expenditures in connection with a legislative member or employee; requiring that each legislative member or employee receiving certain expenditures file quarterly expenditure statements with the committee charged with the responsibility for ethical conduct of lobbyists; prescribing the contents of the quarterly report; authorizing additional reporting requirements by legislative rule; providing criteria for the valuation of expenditures; amending ss. 112.3148 and 112.3149, F.S.; revising provisions to conform to changes made by the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (d) of subsection (1) and subsection (4) of section 11.045, Florida Statutes, are amended, and paragraph (j) is added to subsection (1) of that section, to read: 11.045 Lobbying before the Legislature; registration and reporting; exemptions; penalties.  (1) As used in this section, unless the context otherwise requires: (d) Expenditure  means a payment, distribution, loan, advance, reimbursement, deposit, or anything of value made by a lobbyist or principal for the purpose of lobbying for which compensation of equal or greater value is not given in return within days after receipt.The term  expenditure  does not include:1.  Contributions or expenditures reported pursuant to chapter or federal election law, campaign-related personal services provided without compensation by individuals volunteering their time, any other contribution or expenditure made by or to a political party or affiliated party committee, or any other contribution or expenditure made by an organization that is exempt from taxation under U.S.C. s. or s. 501(c)(4). 2. Salary, benefits, services, fees, commissions, gifts, or expenses associated primarily with the recipient s employment, business, or service as an officer or director of a corporation or organization. 3. An award, plaque, certificate, or similar personalized item given in recognition of the recipient s public, civic, charitable, or professional service. 4. An honorary membership in a service or fraternal organization presented merely as a courtesy by such organization. 5. The use of a public facility or public property, made available by a governmental agency, for a public purpose. 6. Transportation provided to a member or employee by an agency in relation to officially approved governmental business. 7. Expenditures provided directly or indirectly by a state, regional, or national organization that promotes the exchange of ideas between, or the professional development of, members or employees, and whose membership is primarily composed of elected or appointed public officials or staff, to members of that organization or officials or staff of a governmental agency that is a member of that organization. (j) Relative  means an individual who is related to a member or employee of the Legislature as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, person who is engaged to be married to the member or employee or who otherwise holds himself or herself out as or is generally known as the person whom the member or employee intends to marry or with whom the member or employee intends to form a household, or any other natural person having the same legal residence as the member or employee. (4) (a)   A member or employee of the Legislature may not solicit an expenditure from a lobbyist or principal if the expenditure is for the personal benefit of the member or employee, another member or employee, or the member s or employee s relative. (b) (a)   A Notwithstanding s. 112.3148,s. 112.3149,or any other provision of law to the contrary, no lobbyist or principal may not shall make, directly or indirectly, and a no member or employee of the Legislature may not shall knowingly accept, directly or indirectly, any honorarium, as defined in s. 112.3149 (1), or any expenditure in excess of $100,except:floral arrangements or other celebratory items given to legislators and displayed in chambers the opening day of a regular session. 1.   A legitimate expenditure in connection with the member s public office or employee s public employment if the member or employee obtains prior written approval from the President of the Senate or the Speaker of the House of Representatives, as appropriate; or 2.   An expenditure from a relative. (c)1. Each member or employee shall file a statement with the committee by the end of each calendar quarter, for the previous calendar quarter, containing a list of expenditures accepted by the member or employee from a lobbyist or principal which the member or employee believes to be in excess of $25 in value and for which compensation was not provided by the member or employee to the lobbyist or principal within days after receipt of the expenditure to reduce the value to $25 or less. 2.  This quarterly statement need not include any expenditure from a relative. 3. The quarterly statement must include: a.  A description of the expenditure, the monetary value of the expenditure, the name and address of the lobbyist or principal making the expenditure, and the date thereof. If any of these facts, other than the expenditure description and purpose, are unknown or not applicable, the report shall so state. b.  A copy of any receipt for the expenditure provided to the member or employee by the lobbyist or principal, if provided. 4.  The quarterly statement may include an explanation of any difference between the member s or employee s statement and the receipt provided by the donor. 5.  If a member or employee has not received any expenditure described in subparagraph 1. during a calendar quarter, he or she is not required to file a statement under this subsection for that calendar quarter. 6.  Except as otherwise provided in this subsection, statements shall be filed in accordance with the rules of the member s or employee s respective house of the Legislature. (d)  Expenditures made pursuant to this subsection shall be valued as gifts as provided in s. 112.3148 (7). However, the value of an expenditure received from multiple lobbyists and principals is the total amount of the expenditure, not a pro rata share of the expenditure. (e) (b)   A No person may not shall provide compensation for lobbying to any individual or business entity that is not a lobbying firm. Section 2. Paragraph (d) of subsection (2) and subsection (8) of section 112.3148, Florida Statutes, are amended to read: 112.3148 Reporting and prohibited receipt of gifts by individuals filing full or limited public disclosure of financial interests and by procurement employees.  (2) As used in this section: (d) Reporting individual  means any individual other than a member or employee of the Legislature,including a candidate upon qualifying, who is required by law, pursuant to s. 8, Art. II of the State Constitution or s. 112.3145, to file full or limited public disclosure of his or her financial interests or any individual who has been elected to, but has yet to officially assume the responsibilities of, public office. For purposes of implementing this section, the   agency   of a reporting individual who is not an officer or employee in public service is the agency to which the candidate seeks election, or in the case of an individual elected to but yet to formally take office, the agency in which the individual has been elected to serve. (8)(a) Each reporting individual,member or employee of the Legislature, or procurement employee shall file a statement with the Commission on Ethics not later than the last day of each calendar quarter, for the previous calendar quarter, containing a list of gifts that which he or she believes to be in excess of $100 in value, if any, accepted by him or her, for which compensation was not provided by the donee to the donor within days of receipt of the gift to reduce the value to $100 or less, except the following: 1. Gifts from relatives. 2. Gifts prohibited by subsection (4) or s. 112.313(4). 3.   Items reportable pursuant to s. 11.045 (4). 4. 3.  Gifts otherwise required to be disclosed by this section. (b) The statement must shall include: 1. A description of the gift, the monetary value of the gift, the name and address of the person making the gift, and the date dates thereof. If any of these facts, other than the gift description, are unknown or not applicable, the report shall so state. 2. A copy of any receipt for such gift provided to the reporting individual or procurement employee by the donor. (c) The statement may include an explanation of any differences between the reporting individual s or procurement employee s statement and the receipt provided by the donor. (d) The reporting individual s or procurement employee s statement shall be sworn to by such person as being a true, accurate, and total listing of all such gifts. (e) Statements must be filed not later than p.m. of the due date. However, any statement that is postmarked by the United States Postal Service by midnight of the due date is deemed to have been filed in a timely manner, and a certificate of mailing obtained from and dated by the United States Postal Service at the time of the mailing, or a receipt from an established courier company,which bears a date on or before the due date,constitutes proof of mailing in a timely manner. (f) If a reporting individual or procurement employee has not received any gift gifts described in paragraph (a) during a calendar quarter, he or she is not required to file a statement under this subsection for that calendar quarter. Section 3. Paragraph (c) of subsection (1) of section 112.3149, Florida Statutes, is amended to read: 112.3149 Solicitation and disclosure of honoraria.  (1) As used in this section: (c) Reporting individual  means any individual,other than a member or employee of the Legislature, who is required by law, pursuant to s. 8, Art. II of the State Constitution or s. 112.3145, to file a full or limited public disclosure of his or her financial interests. Section 4. This act shall take effect July 1, 2012.