CEO 84-114 -- November 29, 1984

SUNSHINE AMENDMENT

APPLICABILITY OF POST OFFICE-HOLDING RESTRICTION ON LOBBYING

To: The Honorable Thomas E. Danson, Jr., Former State Representative, District 69

SUMMARY:

Article II, Section 8(e), Florida Constitution, does not prohibit a former member of the House of Representatives from lobbying the Legislature as a member of a trade association's legislative committee without compensation but with reimbursement of actual expenses, including the payment of a reasonable room rate for the use of his residential property while in Tallahassee. CEO's 80-41 and 83-16 are referenced.

QUESTION:

Does Article II, Section 8(e), Florida Constitution, prohibit you, a former member of the House of Representatives, from lobbying the Legislature as a member of a trade association's legislative committee without compensation but with reimbursement of expenses?

Your question is answered in the negative.

In your letter of inquiry you advise that recently you have left office as a member of the Florida House of Representatives. You also advise that in the past you have served on the Board of Directors of the Florida Association of Insurance Agents and have served as a member of the legislative committee of the Association. As part of your responsibilities as a committee member, you contacted members of your local delegation and other members of the Legislature in behalf of the Association without compensation but with reimbursement of expenses.

As you have been appointed again to the legislative committee of the Association, you question whether you may lobby, in behalf of the Association after leaving office, without compensation but with reimbursement of expenses. In addition, you question whether you may be reimbursed a reasonable room rate, not exceeding the normal commercial single accommodation rate, for the use of residential property in Tallahassee which you purchased while a member of the Legislature.

The Sunshine Amendment, in Article II, Section 8(e), Florida Constitution, 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.

In CEO 80-41 we advised that this provision would not prohibit a former Legislator from serving as a legislative officer for a veterans' organization without salary but with reimbursement for travel expenses. That opinion was based upon our interpretation of the word "compensation" as not including reimbursement for travel expenses. Similarly, in CEO 83-16 we advised that the Sunshine Amendment would not prohibit a former Legislator from being reimbursed for out-of-pocket travel, food, lodging, and similar expenses incurred in activities involving the Legislature in behalf of a trade association.

We have noted that the purpose of this prohibition seems to have been to preclude certain high officials of the State from using the expertise gained through their office for their personal profit after leaving office. Obviously, a large "expense account" could serve as a ruse for transferring compensation in the guise of "reimbursement for expenses." However, we do not believe that reimbursement for expenses actually incurred and the payment of a reasonable lodging rate not exceeding the normal single room rate in Tallahassee would constitute the compensation precluded by the Sunshine Amendment.

Accordingly, we are of the opinion that Article II, Section 8(e), Florida Constitution, would not prohibit you from serving on the legislative committee of the Association of Insurance Agents without compensation but with reimbursement of actual expenses, including payment of a reasonable room rate for the use of your residential property while in Tallahassee.