CEO 80-41 -- May 21, 1980

SUNSHINE AMENDMENT

APPLICABILITY OF POST-OFFICEHOLDING RESTRICTION ON LOBBYING

To: William H. Lockward, State Representative, 104th District, Tallahassee

Prepared by: Phil Claypool

SUMMARY:

The Sunshine Amendment, s. 8(e), Art. II, State Const., provides that "[n]o member of the legislature or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or member for a period of two years following vacation of office." This provision would not be violated, however, were a former member of the House of Representatives to serve as the legislative officer for a veterans organization without receiving a salary but receiving reimbursement for traveling expenses, as reimbursement of travel expenses is not deemed to constitute "compensation" within the meaning of the constitutional prohibition.

Generally, "compensation" does not include reimbursement for expenses. For example, see the definition of the term contained in Black's Law Dictionary (5th Rev. ed.); ss. 145.021, 145.131, and 145.17, F. S., which distinguish compensation to county officials from those officials' travel expenses; and AGO 055-232, advising that travel allowances provided by state law were not intended as additional compensation to state officers and employees. It is further noted that the purpose of the Sunshine Amendment prohibition seems to have been to preclude certain high officials of the state from using the expertise gained through officeholding for their personal profit after leaving office, whereas in the instant situation no personal profit would be derived.

QUESTION:

Does the Sunshine Amendment to the State Constitution, s. 8(e), Art. II, prohibit a former member of the House of Representatives from serving as the legislative officer of a veterans organization without receiving a salary but receiving reimbursement for traveling expenses?

Your question is answered in the negative.

In your letter of inquiry you advised that presently you are in your last term as a member of the House of Representatives. You also advise that you are contemplating serving as a legislative officer for the Disabled American Veterans organization in the future. Finally, you advise that, as the legislative officer for this organization, you would not receive a salary; but you would be reimbursed for your traveling expenses.

The Sunshine Amendment, s. 8(e), Art. II, State Const., provides in relevant part:

No member of the legislature or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or member for a period of two years following vacation of office. . . .

This provision would prohibit you from representing an organization before the Legislature for a period of 2 years following the end of your term of office if such representation is undertaken for compensation. However, in our opinion, the receipt of reimbursement for travel expenses does not constitute "compensation" within the meaning of this prohibition.

Generally, "compensation" does not include reimbursement for expenses. For example, Black's Law Dictionary (5th Rev. ed.) defines the word as "remuneration for services rendered, whether in salary, fees, or commissions." Clearly, reimbursement for travel expenses is not the equivalent of salary, fees, or commissions. Nor does it appear to us that state law generally equates travel expenses with compensation. For example, see ss. 145.021, 145.131, and 145.17, F. S., which provide for compensation to county officials and which distinguish this compensation from travel expenses. In this respect, we also note that the Attorney General has advised that the travel allowances provided by state law were not intended as additional compensation to the state officers and employees to whom the law applies. Attorney General Opinion 055-232.

Finally, we note that the purpose of the Sunshine Amendment's prohibition seems to have been to preclude certain high officials of the state from using the expertise gained through their officeholding for their personal profit after leaving office. However, by receiving only travel expenses and not a salary, you would be deriving no personal profit from your service as a legislative officer to the organization. In this regard, we wish to emphasize that this finding is limited to the reimbursement for travel expenses, as posed in your letter of inquiry.

Accordingly, based on the circumstances described above, we find that s. 8(e), Art. II, State Const., would not prohibit your serving as legislative officer for the Disabled American Veterans organization after the end of your current term in the House of Representatives.