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Report: Lawmakers' lavish jaunt was no crime

A lavish, expenses-paid outing by four legislators to Toronto broke no rules. But the rules will soon change.

By JONI JAMES
Published December 21, 2005

TALLAHASSEE - Four Republican lawmakers broke no state laws or legislative rules when they took a $48,000, two-night trip to Toronto as guests of a Canadian gambling company, according to a report released Tuesday.

A 27-page finding by the Florida Senate's general counsel comes two months after publicity about the July trip prompted the state GOP to reimburse Magna Entertainment Corp. for the travel.

The report was released just hours after Gov. Jeb Bush signed a pair of new state laws aimed at dramatically curbing lobbyists' influence, including one aimed at preventing such trips.

Three of the trip's four participants - Sens. Dennis Jones of Treasure Island, Jim King of Jacksonville and Mike Bennett of Bradenton - issued a statement Tuesday saying they were glad the report cleared them. The fourth, Rep. Frank Farkas of St. Petersburg, could not be reached for comment.

While the four were cleared, Senate President Tom Lee said new details of the trip included in general counsel D. Stephen Kahn's report, cannot be whitewashed.

The legislators raised $10,000 for the state GOP, all from Magna, which owns a South Florida parimutuel that stood to benefit from pending legislation.

But Magna spent nearly $46,000 on the lawmakers, including $35,500 on a charter jet, $3,300 on food, $4,280 for limousines and van transportation and $1,600 in golfing greens fees.

"In retrospect, it was a very good thing we stepped forward and passed a piece of legislation during the special session that will keep this from ever happening again," said Lee, R-Valrico. "It can't happen under Florida law in 2006."

Bush, speaking earlier Tuesday, bragged that the new state laws, passed during a special legislative session earlier this month, will "give people a sense of confidence about the integrity of the process."

The most controversial of the new laws bans lawmakers and all top state employees from accepting any gift from a lobbyist starting Jan. 1.

It also requires lobbyists, for the first time, to disclose how much they are paid by individuals to represent them before the Legislature.

"No amount of squawking can discount the powerful nature of this bill," Bush said.

Some critics say the ban simply will prompt lobbyists to give more money to lawmakers' secondary fundraising accounts or to political parties' accounts, which can be used for a broad range of lawmakers' expenses.

But Bush and Lee said new loopholes will have to be dealt with as they appear.

"This is no panacea, and people aren't going to be walking around this town on Jan. 1 with halos over their heads," Lee said. "We're going to have to continue to be vigilant about the fact that there are a lot of people out there . . . trying to figure out a way to circumvent the spirit of the law."

The second new law specifically requires donors of in-kind contributions to state political parties to get written approval from party leadership before the donation can be accepted. The only exception to the written approval: food and drinks worth less than $1,500 can be approved with a telephone call.

Such a system would have prevented the Magna trip, Lee said.

It was Lee who pushed in October for the state Republican Party to pay back Magna for the lawmakers' trip after learning of it from newspaper reports.

His main concern was that none of the trip's participants had alerted party leaders to the plan.

It came as state lawmakers wrestled with how to implement a state constitutional amendment allowing slot machines at parimutuel facilities in Broward County, including Magna's Gulfstream Park Racing Association.

Jones is chairman of the Senate's Regulated Industries Committee. Farkas has a similar post in the House. During this month's special session, state lawmakers passed a slot machine implementing bill with a 50-percent tax rate, far more than that advocated by Jones or the parimutuel industry.

According to Kahn's report, it was Jones' longtime friendship with one of Gulfstream's lobbyists - and Gulfstream's wish to bend lawmakers' ear - that prompted the Toronto trip.

The lobbyist, John Culbreath, had sought since 2002, when Jones moved from the House to the Senate, to have Jones come to Toronto and see Magna's headquarters and learn of the company's plans for Florida expansion.

Finally, when the date was set for July, Jones invited the other three lawmakers to come along.

King accepted a $10,000 check for the Republican Senate campaigns while he was on the trip, and Magna indicated it would donate another $50,000 in the future, the report said.

Farkas also spoke with Magna's representatives about a donation for the House Republican campaigns, but received no specific commitment.

Upon arrival, the lawmakers took part in a two-hour discussion with Magna executives about various gambling issues.

That night, they were ferried by bus to Niagara Falls for dinner at Niagara Falls Casino Resort and a walk through the casino area.

The next morning brought a two-hour discussion session and a tour of Magna's automobile parts operation. In the afternoon, Bennett and Farkas played golf with Magna executives while Jones and King relaxed. That night, they dined at a Toronto racetrack that had slot machines. Some lawmakers gambled afterward, using their own money, Kahn said.

Kahn's report also noted that when the Republican Party repaid Magna, it apparently overpaid by $3,000 due to an error in currency conversion.

Lee said he can't imagine the party asking for the money back. "We're ready to move on and put that behind us."

[Last modified December 21, 2005, 00:51:17]