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On May 25, 2022, Florida Governor Ron DeSantis signed two bills
– HB 7001 and HB 7003 – which achieve final
implementation of amendments to the Florida State Constitution,
first, by extending the period during which certain Florida
government officials are prohibited from lobbying to six years
after the conclusion of government service, and second, by
restricting lobbying by these officials during their terms in
office. The restrictions implemented by these bills become
effective on December 31, 2022.
Florida House Bill 7001 implements a new Section 8(f) of Article
II of the Florida State Constitution. Amendment of the Florida
Constitution to include this new section was accomplished through
approval of a ballot measure by nearly 80% of voters in November
2018. New Section 8(f) of Article II provides that a Florida
“public officer” shall not:
- “[L]obby for compensation on issues of policy,
appropriations, or procurement before the federal government, the
legislature, any state government body or agency, or any political
subdivision of this state, during his or her term of office”;
or - “[L]obby for compensation on issues of policy,
appropriations, or procurement for a period of six years after
vacation of public position.. . .”
The current (until year-end) post-employment “lobbying
ban” period for Florida state legislators and elected
officials is two years. “Public officer” as used in
this new Section 8(f) of Article II means:
a statewide elected officer, a member of the legislature, a
county commissioner, a county officer pursuant to Article VIII or
county charter, a school board member, a superintendent of schools,
an elected municipal officer, an elected special district officer
in a special district with ad valorem taxing authority, or a person
serving as a secretary, an executive director, or other agency head
of a department of the executive branch of state government.
Florida House Bill 7003 implements a new Section 13(b) of
Article V of the Florida State Constitution prohibiting former
members of the Florida judiciary from “lobby[ing] for
compensation on issues of policy, appropriations, or procurement
before the legislative or executive branches of state government
for a period of six years after he or she vacates his or her
judicial position.” This amendment to Article V was
accomplished through the same November 2018 ballot measure that
amended Article II, as discussed above.
Both HB 7001 and 7003 contain detailed definitions of
“lobby” and other key terms and set out exceptions to
the relevant restrictions. The bills signed into law by Gov.
DeSantis also impose a scheme of penalties for violations of the
constitutionally imposed restrictions. These penalties may include:
public censure; a civil penalty of up to $10,000; and forfeiture of
any pecuniary benefit received through violative conduct.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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