Florida 2022 Regular Session

Florida House Bill H7003 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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7	7		CODING: Words stricken are deletions; words underlined are additions.
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9	9		Page 1 of 6
10	10		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
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13	13
14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to implementation of the 2
16	16		constitutional prohibition against lobbying by a 3
17	17		former justice or judge; creating s. 112.3123, F.S.; 4
18	18		providing definitions for the purpose of implementing 5
19	19		the constitutional prohibition against lobbying by a 6
20	20		former justice or judge; creating s. 112.3124, F.S.; 7
21	21		providing applicability; providing for administration; 8
22	22		requiring the Commission on Ethics to report certai n 9
23	23		findings and recommendations to the Governor; 10
24	24		providing penalties for a violation of the 11
25	25		constitutional prohibition against lobbying by a 12
26	26		former justice or judge; authorizing collection of 13
27	27		such penalties by specified entities; providing an 14
28	28		effective date. 15
29	29		16
30	30		Be It Enacted by the Legislature of the State of Florida: 17
31	31		18
32	32		Section 1. Section 112.3123, Florida Statutes, is created 19
33	33		to read: 20
34	34		112.3123 Definitions. —As used in this section and for 21
35	35		purposes of implementing s. 13(b), Art. V of the State 22
36	36		Constitution, the term: 23
37	37		(1) "Administrative action" means any process or decision 24
38	38		regulated by chapter 120 or, for agencies of the executive 25
39		-	~~ENROLLED~~
40		-	HB 7003 2022 ~~Legislature~~
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	40	+	HB 7003 2022
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46	46		Page 2 of 6
47	47		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
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49	49
50	50
51	51		branch of state government not subject to chapter 120, any 26
52	52		action or a decision on a license, permit, waiver of regulatio n, 27
53	53		or any other administrative procedure or procedure governed by 28
54	54		existing law, rule, or regulation, except on an issue of 29
55	55		procurement. 30
56	56		(2) "Compensation" means a payment, distribution, loan, 31
57	57		advance, reimbursement, deposit, salary, fee, retainer, or 32
58	58		anything of value provided or owed to a recipient, directly or 33
59	59		indirectly, from any source for lobbying activity. 34
60	60		(3) "Governmental entity" means an officer or agency of 35
61	61		the executive or legislative branches of state government. 36
62	62		(4) "Issue of appropriatio n" means a legislative decision 37
63	63		to expend or approve an expenditure of public funds, including 38
64	64		decisions that are delegated to an administrator. 39
65	65		(5) "Issue of policy" means a change in a law or a 40
66	66		decision, plan, or course of action designed to influence or 41
67	67		determine the subsequent decisions or actions of a governmental 42
68	68		entity, to sell or otherwise divest public property, or to 43
69	69		regulate conduct. The term does not include a decision or 44
70	70		determination of any rights, duties, or obligations made on a 45
71	71		case-by-case basis. 46
72	72		(6) "Issue of procurement" means a proposal to purchase or 47
73	73		acquire property, an interest in property, or services by a 48
74	74		governmental entity. 49
75	75		(7) "Legislative action" means introduction, sponsorship, 50
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83	83		Page 3 of 6
84	84		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
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86	86
87	87
88	88		testimony, debate, voting, or any other offi cial action on a 51
89	89		measure, resolution, amendment, nomination, appointment, report, 52
90	90		or other matter. 53
91	91		(8)(a) "Lobby" means to influence or attempt to influence 54
92	92		an action or decision through oral, written, or electronic 55
93	93		communication and, with respect to: 56
94	94		1. The executive branch of state government, is limited to 57
95	95		influencing decisions, other than administrative action, that 58
96	96		are vested in or delegated to an agency or officer thereof. 59
97	97		2. The legislative branch of state government, is limited 60
98	98		to influencing a procurement decision or any legislative action 61
99	99		or nonaction by either the Senate or the House of 62
100	100		Representatives, or any committee or office thereof. 63
101	101		(b) The term "lobby" does not mean any of the following: 64
102	102		1. Providing or seeking to provide confidential 65
103	103		information to be used for law enforcement purposes. 66
104	104		2. Appearing as a witness to provide information at the 67
105	105		written request of the chair of a legislative body or committee, 68
106	106		including a legislative delegation meeting. 69
107	107		3. Appearing or offer ing written testimony under oath as 70
108	108		an expert witness in any proceeding for any purpose related to 71
109	109		the proceeding and communications related to such testimony. 72
110	110		(9)(a) "Lobby for compensation" means being employed or 73
111	111		contracting for compensation for the p urpose of lobbying, and 74
112	112		includes being principally employed for governmental affairs to 75
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121	121		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
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123	123
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125	125		lobby on behalf of a person or public entity. 76
126	126		(b) The term "lobby for compensation" does not include any 77
127	127		of the following: 78
128	128		1. A public officer carrying out the duti es of his or her 79
129	129		public office. 80
130	130		2. A public or private employee, including an officer of a 81
131	131		private business, nonprofit entity, or any public entity acting 82
132	132		in the normal course of his or her duties, unless he or she is 83
133	133		principally employed for governmenta l affairs. 84
134	134		3. Advice or services to a governmental entity pursuant to 85
135	135		a contractual obligation with the governmental entity. 86
136	136		4. Representation of a person on a legal claim cognizable 87
137	137		in a court of law, in an administrative proceeding, or in front 88
138	138		of an adjudicatory body, including representation during 89
139	139		prelitigation offers, demands, and negotiations, but excluding 90
140	140		representation on a claim bill pending in the Legislature. 91
141	141		5. Representation of a person in any proceeding on a 92
142	142		complaint or other allegati on that could lead to discipline or 93
143	143		other adverse action against the person. 94
144	144		6. Representation of a person with respect to a subpoena 95
145	145		or other legal process. 96
146	146		(10) "Principally employed for governmental affairs" means 97
147	147		that the principal or most signific ant responsibilities of the 98
148	148		employee is to oversee the employer's various relationships with 99
149	149		governmental entities or representing the employer in its 100
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158	158		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
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162	162		contacts with governmental entities. 101
163	163		Section 2. Section 112.3124, Florida Statutes, is created 102
164	164		to read: 103
165	165		112.3124 Enforcement and penalties for constitutional 104
166	166		prohibition against lobbying by a former justice or judge. — 105
167	167		(1) Section 13(b), Art. V of the State Constitution 106
168	168		applies to justices or judges who vacate their judicial position 107
169	169		on or after December 31, 2022. 108
170	170		(2) For purposes of administrative enforcement, a 109
171	171		violation of s. 13(b) Art. V of the State Constitution is deemed 110
172	172		a violation of this part. 111
173	173		(3) If the commission finds that there has been a 112
174	174		violation of s. 13(b), Art. V of the State Const itution, the 113
175	175		commission must report its findings and recommendations for 114
176	176		appropriate action to the Governor who has the power to invoke 115
177	177		any of the penalties under subsection (4). 116
178	178		(4) A violation of s. 13(b), Art. V of the State 117
179	179		Constitution may be punish ed by one or more of the following: 118
180	180		(a) Public censure and reprimand. 119
181	181		(b) A civil penalty not to exceed $10,000. 120
182	182		(c) Forfeiture of any pecuniary benefits received for 121
183	183		conduct that violates this section. The amount of the pecuniary 122
184	184		benefits must be paid to the General Revenue Fund. 123
185	185		(5) The Attorney General and Chief Financial Officer are 124
186	186		independently authorized to collect any penalty imposed under 125
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195	195		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
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199	199		this section. 126
200	200		Section 3. This act shall take effect December 31, 2022. 127