Thread: FL-Charity reels in lobbyist money

Charity reels in lobbyist money
By Steve Bousquet, Times/Herald Tallahassee Bureau

Published Friday, July 10, 2009


--------------------------------------------------------------------------------

TALLAHASSEE — State legislators can't take even a bottle of water from lobbyists, but the ban on gifts won't stop enterprising lawmakers from fishing elsewhere for lobbyists' money.

Thirteen House members belong to a charity called the Florida Hispanic Legislative Caucus, which is holding a deep sea fishing tournament in Key West this weekend to raise money for the nonprofit group.

For $15,000, donors get two suites at a Marriott resort and assorted promotional goodies. They also get valuable face time with legislators, seven of whom plan to attend.

The caucus' chairman, Rep. Juan Zapata, a Miami Republican, says lobbyists and clients support the caucus for other reasons.

"They do it because they want to show support for Hispanic issues in Florida," Zapata said. "A lot of these companies have a large Hispanic customer base. Is it an opportunity to sit down and talk to members? Obviously."

The Hispanic Legislative Caucus is a nonprofit advocacy group that was formed in 2005 to advance Hispanic issues statewide, including offering scholarships to students. Its main source of income is a pair of annual tournaments, one for golf and one for fishing, that are supported by Tallahassee lobbyists and their clients.

The solicitation of money from lobbyists by charitable groups connected to lawmakers has been a subject of debate since the gift ban took effect on Jan. 1, 2006.

The law says no legislator or legislative employee "shall knowingly accept, directly or indirectly, any expenditure" from lobbyists or their clients other than celebratory floral arrangements. The law defines lobbying as "an attempt to obtain the goodwill" of a lawmaker.

However, the House general counsel has issued numerous legal opinions that the caucus can solicit lobbyists' money because it is a 501(c)4 advocacy organization, which is exempt from the ban on gifts.

The latest opinion, issued by House counsel Karen Camechis in April, repeated an earlier warning: "Members are cautioned that these organizations or entities may not be used as a vehicle for skirting the new lobbyist expenditure law."

Longtime lobbyist Ken Plante, a former Senate Republican leader, views the caucus' activities as an end run around the gift ban, and that questions about the group's legitimacy have sowed confusion.

"There's no doubt it's illegal, and they have tried to legalize it with legal opinions," Plante said.

The Senate apparently agrees. The Senate rules, which act as a guide to senators' official conduct, lists among the prohibited goodwill expenditures any charitable organization "directly or indirectly, established by, organized by, operated primarily by or controlled by a legislator."

Although this charity was organized by 13 Hispanic house members, none of the three Hispanic senators belongs to the caucus. Two of them, Sens. Rudy Garcia and Alex Villalobos, said they were warned by former Senate counsel Steve Kahn that it's improper for legislators to solicit contributions from lobbyists or their clients through a charity.

"He said he recommended we not participate in that organization," Garcia said.

But Zapata said the caucus' charitable works, such as its program to offer scholarships to deserving college students and a fledgling internship program, are often overlooked by the media.

"We have a Hispanic agenda, and we do activities in the Hispanic community," Zapata said.

The caucus' latest available tax filing with the IRS, in 2007, shows it raised $100,740 in 2006.

Of that total, $41,250 was spent on employee salaries, $27,072 on "conferences, conventions and meetings," $5,600 for "professional fundraising fees" and $5,400 for travel. The return shows the caucus awarded $19,600 in scholarships.

The caucus employs a full-time executive director who handles much of the fundraising solicitations.

This weekend's fishing tournament was rescheduled from May. Zapata said it's still a challenge to raise money.

Tallahassee lobbyist Jennifer Green, among many who was asked to contribute, said no, and cited the unusually busy 2010 campaign season that's already under way.

"There's not enough money to go around," Green said.

Times/Herald staff writer Marc Caputo contributed to this report. Steve Bousquet can be reached at bousquet@sptimes.com or (850) 224-7263.

http://www.tampabay.com/news/politic...cle1017388.ece

Sounds pretty fishy, IMO