Florida 2022 2022 Regular Session

Florida House Bill H7003 Enrolled / Bill

Filed 02/24/2022

                            
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      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 rep ort certain 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 Stat e 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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branch of state government not subject to chapter 120, any 26 
action or a decision on a license, permit, waiver of regulation, 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, retain er, 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 appropriation" 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          
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testimony, debate, voting, or any other official 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 resp ect 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 delegat ion meeting. 69 
 3.  Appearing or offering 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 purpose of lobbying, and 74 
includes being principally employed for governmental affairs to 75          
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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 duties 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 governmental 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 administ rative 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 proceed ing on a 92 
complaint or other allegation 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 significant 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 Constitution, 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 punished 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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this section. 126 
 Section 3.  This act shall take effect December 31, 2022. 127