Gifts and Lawmaking in Florida                                                            March 2006

Gifts intended to influence public officials often grease the wheels of governance--legislative and executive. When given in a quid pro quo manner, it is called bribery or extortion. Both are illegal throughout American government--local, state, and national. But gifts given to foster "good will" -- well, that's not illegal but highly troublesome. Lobbyists, of course, are expert at securing the good will of lawmakers and often times the line between securing legislative good will and favorable decisions is hazy--so much so in fact that a number of states have enacted new ethics laws.

Consider Florida. On January 1, 2006, a new law passed by a Republican controlled legislature went into effect that is widely regarded as the most restrictive lobbying law in the country. The central feature of the law is a gift ban. The law states that "no lobbyist or principal shall make, directly or indirectly, and no member or employee of the Legislature shall knowingly accept, directly or indirectly, any expenditure . . .  " The devil, of course, is always in the details.  

Consequently, the legislative leadership drafted "Interim Lobbying Guidelines for the House and Senate." The guidelines advise that, among other things, a legislator cannot accept a subscription to a newspaper or periodical that is paid for by a lobbyist or a client, free health screening by an association that is a principal, payment for travel expenses to deliver a speech, or a drink at the bar without verifying that the person picking up the tab is not a lobbyist or a client of one. The law does permit a lobbyist or principal to buy a legislator a meal if the legislator “contemporaneously provides equal or greater consideration . . . “ Hmmm! So, if a lobbyist puts out $50 for a legislator’s dinner but the legislator buys a $75 bottle of wine, all is well!

 The law exempts political fund raising. A legislator can accept food or drink paid for by a lobbyist or principal who sponsors a fund raising event. Moreover, the law does not prohibit expenditures made by lobbyists or principals to influence legislative action through oral or written communication. Nor are city councils and county commissions covered by the gift ban law.

Hurrah for Florida! Isn't it time for the U.S. Congress to catch up with the State of Florida?