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Lobbysts chase grants, earn a share

 

* Youth Crime Watch of America, which trains students in crime prevention techniques across the state, paid lobbyist Beth Labasky $20,000 for lobbying and administrative work. Most of her fees came from a $200,000 state grant. The group thought the payments were allowed.

Jo Ann Levin, deputy general counsel for the comptroller's office, said "such payments constitute an improper use of state funds."

She cited a Florida statute that prohibits the use of state funds for lobbying and a 1977 attorney general's opinion that "public funds may not be expended by a county or district or other statutory entity for lobbying purposes unless expressly and specifically authorized by statute."

Levin also noted that another Florida statute prohibits extra payments to any contractor after the service has been rendered. Since the services of a lobbyist occur before a grant is even awarded, groups cannot lawfully charge the state for the work.

Others don't think the law is that clear.

"I don't think there's anything that restricts that as a matter of law, " said Peter Dunbar, the governor's legal counsel. "I'm not aware of it being illegal, but it would be unusual."

Gomez said he was unaware his clients were paying him with tax dollars.

"Do they pay me out of state money? No, " he said, adding that his contracts specifically ban his clients from using legislative funds to pay him.

He sent The Herald a blank contract that included that provision. However, that contract was different from the executed contracts examined by The Herald. None of those contracts had the restriction, even though some of the clients paid him from sources other than the grant.

"I'm basically a lobbyist. I don't delve into their accounting procedures, " Gomez said.

Levy, the lobbyist for the Beacon Council, a Dade County group of business leaders whose aim is to boost the South Florida economy, said the council "could have just as well paid us with private sector funds. It's not my place to ask."

Sisser also said he did not know his clients used tax dollars to pay him.

"My contracts say they pay me a proportion of whatever dollars I get for them, " Sisser said. "I assume they're coming from private funds."

After The Herald disclosed the crime prevention payment to Sisser last summer, a state auditor ruled it was an improper use of public funds. The state recommended that the $16,000 be deducted from the remaining grant money due to the crime watch group.

"Nobody is supposed to pay me out of state funds, " Sisser said. "When I got the check from the National Association for Crime Prevention, I thought they were paying me out of private funds. That's the law. They should know that."

Pelleya did not return phone calls. Although he is registered as the lobbyist for Municipios, the group said his payments were also for legal and administrative work.

Had the House and Senate appropriations committees known that state money was being used to pay lobbyists, the grants probably wouldn't have been funded.

"If that information were made available to us, I don't believe we'd be recommending an expenditure, " said Peter Mitchell, acting staff director of the House Appropriations Committee. "We'd be had under that type of deal."

Said John Andrew Smith, staff director of the Senate Appropriations Committee: "If it's not illegal, it probably ought to be."

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