Perhaps the most talked-about piece of legislation this session, Senate Bill 2 was passed unanimously by both houses of the Florida Legislature.

The final ethics bill:

• Prohibits members of the legislature from acting as lobbyists for compensation before an executive branch agency, agency official, or employee for two years after leaving office. The version passed by the House eliminated an original provision preventing legislators from becoming lobbyists or principals of lobbying firms lobbying the legislature;
• Provides for a fine of up to $5,000 for executive branch lobbyists who fail to disclose required material facts as required or knowingly provide false information;
• Allows the Commission on Ethics to investigate whether a lobbyist has made a prohibited expenditure if a complaint is filed; and
• Prohibits vendors from providing gifts to a reporting individual or procurement employee for vendors doing business with the reporting individual’s or procurement employee’s agency.

The ethics bill was a top priority of Senate President Don Gaetz. He called the bill his “proudest moment as a senator.” The bill was sent immediately to Governor Rick Scott, who has seven days to sign or veto the bill.

The Florida House and Senate reached a compromise on contribution limits, passing a comprehensive campaign finance bill.

The major changes in the bill include:

• Elimination of committees of continuous existence;
• Requiring weekly reporting by political committees and electioneering communications organizations beginning with the 60th day prior to a primary election and continuing until the 4th day before a general election, and daily reporting beginning with the 10th day before a general election;
• Increasing campaign contribution limits from $500 to $3,000 for a candidate for statewide office or retention as a justice of the state supreme court, and from $500 to $1,000 for a candidate for legislative office, retention as a judge of a district court of appeal, or circuit judge; and
• Elimination of limits on contributions to political committees.

The original bill increased all contribution limits from $500 to $10,000. At the beginning of debate on the bill, House Speaker Will Weatherford tweeted, “today is meet me halfway day.”

While critics argue the bill doesn’t go far enough and too many loopholes remain, Senator Jack Latvala, chairman of the Senate Ethics and Elections Committee, said the goal is transparency. He contends money in politics isn’t going anywhere, so the best the legislature can do is require disclosure.

The bill now awaits action by Governor Rick Scott.

Governor Rick Scott has scheduled the special election for House District 2 for June 11, 2013.

A primary election will be held May 14.

The election will replace the late Representative Clay Ford, who lost his battle with cancer in March.

The Palm Beach County Commission on Ethics selected attorney Steven Cullen to be their new executive director.

Mr. Cullen was previously a judge and mediator. He replaces former executive director Alan Johnson, who left the Commission on Ethics to join the state attorney’s office.

Mr. Cullen plans to boost the commission’s public outreach and ethics education efforts.

A bill to allow lobbyist expenditures on legislators is pending before the Florida Senate. Currently, almost all expenditures by lobbyists and principals on members and employees of the legislature are prohibited.

Senate Bill 1634 provides exceptions to the ban on lobbyist expenditures, permitting:

• Individual servings of nonalcoholic beverages provided by a lobbyist or a principal as a courtesy to the attendees of a meeting;

• A single meal not solicited by the member or employee of the legislature, served as part of a scheduled meeting of an established membership organization that is also a principal, and attended by the member or employee as a featured speaker, moderator, or participant of a panel discussion; and

• Food and beverages provided as part of a widely attended event hosted by a membership organization or governmental body that is also a principal if the cost per attendee does not exceed $25.

Widely attended event is defined as one reasonably expected to be attended by at least 25 persons other than members or employees of the legislature, open to persons from throughout a given industry or profession, or to a wide range of persons interested in a given issue presented at the event.

The bill requires the houses of the legislature to establish a rule regarding registration and approval of events at which such expenditures may be made.

The new exceptions would take effect on July 1, 2013, and would expire June 30, 2015.

On the first day of the 2013 legislative session the Florida Senate unanimously passed ethics reform bills.

The bills add revolving door provisions, increase the responsibilities of the ethics commission, and require financial disclosure reports to be posted online.

The reform package now moves to the House, where somewhat different versions of the legislation are already under consideration.

The Palm Beach County Commission voted in favor of a proposal to expand the county’s ethics commission from five members to seven. County Commissioner Priscilla Taylor pushed for the change, saying the commission needed more diversity.

The proposal will go before the committee responsible for drafting changes to the county code, and then back to the county commission for a final vote.

Independent community groups are responsible for selecting the ethics commission’s members.

The Florida Senate Committee on Ethics and Elections is working on a proposed bill to revise the state’s ethics law.

The draft language relating to lobbying and gift law in the bill establishes a fine for executive branch lobbyists for failure to provide required information or knowingly providing false information in a report, and prohibits vendors from providing gifts to reporting individuals or procurement employees. Other changes the committee is considering include:

• Restrictions on former legislators’ employment as a lobbyist, such as ban on executive branch lobbying and a prohibition on becoming a partner, principal, or employee of a firm whose primary business is lobbying the state legislature within the two years after a legislator leaves office; and
• A prohibition on or reduced gift limit for gifts to covered individuals from committees of continuous existence, or CCEs. House Speaker Will Weatherford has called for elimination of CCEs, which are often used by legislators to pay for meals, travel, and gifts.

The committee plans to have final draft language available on January 18, and plans to consider the proposed bill at its January 22 meeting.

The Federal Election Commission issued an Advisory Opinion on December 6, 2012, concluding a federal candidate’s campaign committee may make a contribution to an independent expenditure-only committee from funds raised for the federal candidate’s terminated political campaign.

Friends of Mike H, the principal campaign committee of former candidate Mike Haridopolos, requested an opinion to determine whether it could give $10,000 or more of its excess funds raised for Mr. Haridopolos’s 2012 U.S. Senate primary election campaign in Florida, from which he withdrew, to an independent expenditure-only committee called Freedom PAC. Currently, Mr. Haridopolos does not hold federal office and is not seeking any elected federal office.

Because Friends of Mike H. is not using its funds for personal use or for any unlawful use, the Commission found Mr. Haridopolos’s political committee may make its requested contributions to Freedom PAC. The Commission also noted that “amount limitations are generally unconstitutional as applied to contributions that will be used to finance independent activity.”

The Tallahassee city commission has approved the volunteers appointed to the newly-created ethics advisory panel.

The panel will spend six months reviewing the city’s policies on ethics, financial disclosure, and transparency to determine whether to keep the current policies or adopt new ones.

The meetings will be publicly noticed, and the panel has already invited several outside experts to give feedback.

Orange County Mayor Teresa Jacobs is calling for measures to monitor and prevent lobbyists from texting county commissioners during meetings. The county commission voted in September to delay putting a measure requiring employers to provide employees with sick time on the ballot. Three of the four commissioners who voted to delay the measure acknowledged that they were texting with lobbyists opposed to the measure during the meeting, and later deleted a number of those texts.

Mayor Jacobs released a memo stating that she ordered a system to be set up to archive text messages from county phones. She is also calling for the county to study how other governments address electronic lobbying during meetings, in consideration of a potential ban on such discussions.

Advocates for the proposed sick time ballot initiative have filed suit claiming that the county commissioners violated state public record and open meetings laws, and asking the court to set aside the vote on the measure.

With the November elections on the horizon, a number of lawsuits have been filed by potential campaign contributors seeking to determine the constitutionality of their states’ campaign finance laws. The following states have seen campaign finance laws invalidated in August.

In Nebraska, the state supreme court held the Campaign Finance Limitation Act (CFLA) unconstitutional. The CFLA allowed candidates participating in the public financing program to receive additional public funds if their privately-funded opponents exceeded certain spending limits. The court also struck down the CFLA’s aggregate contribution limits and rules governing acceptance of contributions from independent groups after the court determined the public financing portion of the CFLA was not severable from the rest of the law.

The Sixth Circuit Court of Appeals ruled Ohio’s ban on political contributions to candidates for state attorney general or county prosecutor from doctors who treat Medicaid patients unconstitutional. The provision was designed to prevent fraud by banning contributions to those officials who prosecute Medicaid fraud, but the court held the prohibition a violation of doctors’ free speech rights.

In Florida, a federal judge issued a temporary injunction blocking enforcement of Florida’s $100 per election contribution limit for persons 17 and under, holding the law an unconstitutional infringement on free speech rights. Florida allows persons aged 18 and over to contribute $500 per election.

A federal judge in West Virginia granted a preliminary injunction to prevent enforcement of West Virginia’s $1,000-per-election limit on contributions to independent expenditure PACs, on the grounds that the limit chills First Amendment free speech rights. The injunction will remain in place pending a final resolution of the case.

Finally, in Colorado, a federal judge invalidated several campaign finance rule changes made by the secretary of state. The rules struck down include one providing that organizations are only subject to reporting requirements if more than 30 percent of their spending was for or against a ballot issue, and one limiting penalties for certain campaign finance violations. The secretary of state’s rule defining electioneering communications was upheld. Two additional rules await a decision.

The Palm Beach County School Board is in the process of developing a lobbyist registration policy.

Registration will likely be separate from the county’s lobbyist registration.

There is not yet a firm date by which the policy will be implemented, as the details are still being worked out by the school board.

The Board of County Commissioners passed an amendment to the county’s lobbying ordinance on September 6, 2012. Expenditure reports are no longer required if a lobbyist had no expenditures during the reporting period.

The ordinance previously required expenditure reports to be filed even if no lobbying expenditures were made.

The ordinance will become effective 10 days from the date of enactment.