Dear Representative Drake:

You have asked whether you may ask for contributions from lobbyists and principals to host a duck hunt and whether you may feel comfortable that the lobbyists and principals do not violate the prohibition against lobbying expenditures if they make such contributions. It is my understanding that checks written to sponsor the event will be placed in the accounts of the Washington County Chamber Foundation. Proceeds will ultimately be used for tax exempt charitable or educational purposes to fund scholarships and assistance for those in need of the services of the Washington-Holmes Vocational Technical Foundation.

You are not prohibited from soliciting charitable contributions from lobbyists or principals as long as you do not personally benefit from those contributions directly or indirectly through receiving such things as meals, beverages, or entertainment. Likewise, lobbyists and principals are not prohibited from making charitable contributions as long as their funds are not ultimately used to purchase those prohibited expenditures. We have determined, both in the initial Guidelines and in subsequent informal opinions that using your name to attract contributions does not constitute a benefit to you that can be quantified and it is not prohibited by the law prohibiting lobbying expenditures.

In conclusion, as long as legislators and legislative staff pay the cost of attending the function there would not be any prohibited expenditures. Legislators and staff should pay their share of the cost of the food, beverages, and other costs to stage the hunt, such as shot, ducks, and any cost paid to personnel, should there be a cost involved, for such things as set up, cleanup, and cleaning ducks.

Lobbyists and principals are in the somewhat awkward position of taking on faith that legislators and staff will indeed pay their pro rata share of the cost of the event. However, I feel certain that your word will suffice and that you will have someone at the gate who will monitor.

Please let me know if you have any further questions.

Debby Kearney
Deputy General Counsel
Florida House of Representatives