HB 7003 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to implementation of the 2
constitutional prohibition against lobbying by a 3
former justice or judge; creating s. 112.3123, F.S.; 4
providing definitions for the purpose of implementing 5
the constitutional prohibition against lobbying by a 6
former justice or judge; creating s. 112.3124, F.S.; 7
providing applicability; providing for administration; 8
requiring the Commission on Ethics to report certai n 9
findings and recommendations to the Governor; 10
providing penalties for a violation of the 11
constitutional prohibition against lobbying by a 12
former justice or judge; authorizing collection of 13
such penalties by specified entities; providing an 14
effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. Section 112.3123, Florida Statutes, is created 19
to read: 20
112.3123 Definitions. —As used in this section and for 21
purposes of implementing s. 13(b), Art. V of the State 22
Constitution, the term: 23
(1) "Administrative action" means any process or decision 24
regulated by chapter 120 or, for agencies of the executive 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
branch of state government not subject to chapter 120, any 26
action or a decision on a license, permit, waiver of regulatio n, 27
or any other administrative procedure or procedure governed by 28
existing law, rule, or regulation, except on an issue of 29
procurement. 30
(2) "Compensation" means a payment, distribution, loan, 31
advance, reimbursement, deposit, salary, fee, retainer, or 32
anything of value provided or owed to a recipient, directly or 33
indirectly, from any source for lobbying activity. 34
(3) "Governmental entity" means an officer or agency of 35
the executive or legislative branches of state government. 36
(4) "Issue of appropriatio n" means a legislative decision 37
to expend or approve an expenditure of public funds, including 38
decisions that are delegated to an administrator. 39
(5) "Issue of policy" means a change in a law or a 40
decision, plan, or course of action designed to influence or 41
determine the subsequent decisions or actions of a governmental 42
entity, to sell or otherwise divest public property, or to 43
regulate conduct. The term does not include a decision or 44
determination of any rights, duties, or obligations made on a 45
case-by-case basis. 46
(6) "Issue of procurement" means a proposal to purchase or 47
acquire property, an interest in property, or services by a 48
governmental entity. 49
(7) "Legislative action" means introduction, sponsorship, 50
HB 7003 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
testimony, debate, voting, or any other offi cial action on a 51
measure, resolution, amendment, nomination, appointment, report, 52
or other matter. 53
(8)(a) "Lobby" means to influence or attempt to influence 54
an action or decision through oral, written, or electronic 55
communication and, with respect to: 56
1. The executive branch of state government, is limited to 57
influencing decisions, other than administrative action, that 58
are vested in or delegated to an agency or officer thereof. 59
2. The legislative branch of state government, is limited 60
to influencing a procurement decision or any legislative action 61
or nonaction by either the Senate or the House of 62
Representatives, or any committee or office thereof. 63
(b) The term "lobby" does not mean any of the following: 64
1. Providing or seeking to provide confidential 65
information to be used for law enforcement purposes. 66
2. Appearing as a witness to provide information at the 67
written request of the chair of a legislative body or committee, 68
including a legislative delegation meeting. 69
3. Appearing or offer ing written testimony under oath as 70
an expert witness in any proceeding for any purpose related to 71
the proceeding and communications related to such testimony. 72
(9)(a) "Lobby for compensation" means being employed or 73
contracting for compensation for the p urpose of lobbying, and 74
includes being principally employed for governmental affairs to 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
lobby on behalf of a person or public entity. 76
(b) The term "lobby for compensation" does not include any 77
of the following: 78
1. A public officer carrying out the duti es of his or her 79
public office. 80
2. A public or private employee, including an officer of a 81
private business, nonprofit entity, or any public entity acting 82
in the normal course of his or her duties, unless he or she is 83
principally employed for governmenta l affairs. 84
3. Advice or services to a governmental entity pursuant to 85
a contractual obligation with the governmental entity. 86
4. Representation of a person on a legal claim cognizable 87
in a court of law, in an administrative proceeding, or in front 88
of an adjudicatory body, including representation during 89
prelitigation offers, demands, and negotiations, but excluding 90
representation on a claim bill pending in the Legislature. 91
5. Representation of a person in any proceeding on a 92
complaint or other allegati on that could lead to discipline or 93
other adverse action against the person. 94
6. Representation of a person with respect to a subpoena 95
or other legal process. 96
(10) "Principally employed for governmental affairs" means 97
that the principal or most signific ant responsibilities of the 98
employee is to oversee the employer's various relationships with 99
governmental entities or representing the employer in its 100
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contacts with governmental entities. 101
Section 2. Section 112.3124, Florida Statutes, is created 102
to read: 103
112.3124 Enforcement and penalties for constitutional 104
prohibition against lobbying by a former justice or judge. — 105
(1) Section 13(b), Art. V of the State Constitution 106
applies to justices or judges who vacate their judicial position 107
on or after December 31, 2022. 108
(2) For purposes of administrative enforcement, a 109
violation of s. 13(b) Art. V of the State Constitution is deemed 110
a violation of this part. 111
(3) If the commission finds that there has been a 112
violation of s. 13(b), Art. V of the State Const itution, the 113
commission must report its findings and recommendations for 114
appropriate action to the Governor who has the power to invoke 115
any of the penalties under subsection (4). 116
(4) A violation of s. 13(b), Art. V of the State 117
Constitution may be punish ed by one or more of the following: 118
(a) Public censure and reprimand. 119
(b) A civil penalty not to exceed $10,000. 120
(c) Forfeiture of any pecuniary benefits received for 121
conduct that violates this section. The amount of the pecuniary 122
benefits must be paid to the General Revenue Fund. 123
(5) The Attorney General and Chief Financial Officer are 124
independently authorized to collect any penalty imposed under 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
this section. 126
Section 3. This act shall take effect December 31, 2022. 127