Committee okays bill requiring disclosure from lobbyists
Senators hope open information from lobbyists will inspire trust of lawmakers.
By LUCY MORGAN
Published March 22, 2005
TALLAHASSEE - The lobbyists don't like it at all and some legislators have questions, but a Senate committee Monday unanimously approved a bill to require lobbyists to report their fees and identify the lawmakers they wine and dine.
In a room where some of the state's best and brightest lobbyists lined the front row, members of the Senate Ethics and Elections Committee unanimously approved a bill backed by Senate President Tom Lee.
Lee's push for more disclosure is aimed at raising public esteem for lawmakers.
Committee Chairman Bill Posey, R-Rockledge, said casting new light on the relationships between lawmakers and lobbyists will increase the level of trust in the Legislature, noting that the Sunshine Law requiring open meetings and records makes government work harder "but a lot more honest."
Some lobbyists complained about the paperwork the legislation would require four times a year. Others said disclosing fees would violate a lobbyist's right to privacy. Lawmakers questioned how those nights spent sharing drinks and dinner will be reported.
Ken Plante, president of the Florida Association of Professional Lobbyists, questioned a portion of the bill that requires lobbyists to report drinks and dinner if they are lobbying.
"I bought a legislator a drink while talking about the NCAA tournament," Plante noted.
Since there was no lobbying, Plante wondered, does he have to report it? He got no answer.
The lobbying association would like to help craft workable language for the bill, Plante said. It should include a provision that would change the way political parties collect "in kind" contributions to limit abuses that occur when lobbyists are dunned to give money to the party so it can be funneled to something that benefits a legislator instead of the party, Plante said.
Plante would also like to see the fundraising ban imposed during legislative sessions extended to include weeks when just legislative committees are held. Lee and House Speaker Allan Bense this year expanded the prohibition to special sessions but stopped short of a ban during committee weeks.
The ban is aimed at stopping lawmakers from collecting campaign funds at the same time they are voting on bills dear to donors. The ban should include committee meetings since legislators are also voting on bills during those weeks, Plante said.
Lobbyist John French said lobbyists are willing to do what they can to help improve the public perception of lawmaking but don't believe they should have to disclose what they make.
"Few things are more private," French said.
He urged lawmakers to craft a bill that is the least intrusive possible, noting that Florida's Constitution guarantees a right to privacy that is not in the constitutions of some other states.
Only a compelling public interest should compel lobbyists to disclose their fees, French said.
Lobbyist Wade Hopping, a former Supreme Court justice, said he is less worried about disclosing fees than filing voluminous reports four times a year.
Hopping said he believes lawmakers could get by with reports filed two or even three times a year but questioned the need for reporting as much detail as the bill seeks.
Hopping also questioned how lobbyists will make reports on incidental contacts, such as the one he had in an elevator on the way to the committee meeting. He said a lobbyist for the state Department of Environmental Protection told a lawmaker that Hopping would oppose a bill the department favors.
"I said yes, it's a darn good bill," Hopping recalled. "Do I have to report that?"
Ben Wilcox, lobbyist for Common Cause, a public interest group, endorsed the bill because it would put Florida in line with other states.
Twenty-eight states and the U.S. Congress require lobbyists to report their fees. Many states require even more detailed reporting.
Wilcox noted that the Center for Public Integrity, a Washington organization that tracks legislative ethics, recently put Florida on a par with Louisiana in its effort to regulate lobbyists. Florida ranked 33rd among the 50 states.
Sen. Dennis Jones, R-Treasure Island, questioned how lobbyists will report large functions where all 160 legislators, reporters, other lobbyists and state employees are invited.
Sen. Jim Sebesta, R-St. Petersburg, sponsor of the bill, said it is not designed to stop lawmakers from having drinks and dinner with lobbyists but to make the process more transparent.
Sebesta described the proposals as "the missing link" needed to elevate the reputation of lawmakers in the eyes of Florida voters.
Violations could lead to a reprimand or fine. The most serious cases could result in a two-year ban on lobbying.