Florida/Georgia Personal Injury & Workers Compensation

...portance of appearances. Transcript of Tape of House Debate on SJR 1035, Mar. 17, 1982, at 3-4. In response Representative Richmond stated that the legislature was more concerned with righting wrongs than with appearances. Id. at 4. [4] We note that § 11.045, Fla....

banking and finance or persons designated by it." Section 11.45(3)(a), Florida Statutes (Supp. 1976), provides

Municipalities have been given legislative authority by § 11-45-1, Code of Alabama 1975. This section reads as

"Compensation of County Officials"); and Fla.Stat. § 11.45(1)(b) (defining "county agency" to include a property

full measure of its police power under Ala.Code § 11-45-1. But see Krueger, 759 F.2d at

...Florida’s statute governing lobbying before the Florida Legislature defines “lobbyist” as “a person who is principally employed for governmental affairs by another person or governmental entity to lobby on behalf of that person or governmental entity.” Fla. Stat. § 11.045(1)(g) (2015). The statute further defines “lobbying” as “influencing or attempting to influence legislative action or nonaction through oral or written communication or an attempt to obtain the goodwill of a member or employee of the Legislature.” § 11.045(1)(f)....

...“liaison,” Fewless spent three or more days a week in Tallahassee while the Florida Legislature was in session, often testifying before both offices. As such, Appellee Fewless’ job description falls squarely within Florida’s definition of “lobbyist.” See Fla. Stat. § 11.045(1)(g). 6  Case: 17-11225 Date Filed: 04/02/2018 Page: 7 of 11 proper or authorized attempts to influence the Florida Senate Judiciary Committee on behalf of the OCSO....

...ars to be no controlling precedent. [1] Background The instant case arose after Appellants, the Florida Association of Professional Lobbyists ("FAPL"), initiated a facial challenge of chapter 2005-359, Laws of Florida, currently codified at sections 11.045 and 112.3215, Florida Statutes (2008), which regulates and disciplines lobbyists....

...GULATE LAWYERS AND THE PRACTICE OF LAW. The Eleventh Circuit set out the particulars of the Act as follows: According to the Act, "no lobbyist or principal shall make, directly or indirectly, and no member or employee of the legislature," Fla. Stat. § 11.045(4)(a) (emphasis added), nor any "agency official, member, or employee shall knowingly accept, directly or indirectly, any expenditure." Id....

...rposes and are accepted by an official. *514 [n. 1] The term "expenditure" is defined as "a payment, distribution, loan, advance, reimbursement, deposit, or anything of value made by a lobbyist or principal for the purpose of lobbying." Fla. Stat. §§ 11.045(1)(d), 112.3215(1)(d). The Act also includes a disclosure provision that requires lobbying firms to file quarterly statements reporting the total compensation paid or owed by their "principals"—that is, their clients. Id. §§ 11.045(3)(a)1.c, 112.3215(5)(a)1.c. Lobbying firms must also disclose the full name, business address, and telephone number of each principal, as well as the total compensation that each principal paid or owed to the lobbying firm. Id. §§ 11.045(3)(a)2, 112.3215(5)(a)2. In addition to the disclosure provision, the Act has enforcement provisions that allow for audits as well as for the filing of sworn complaints. Id. §§ 11.045(7)(8), 112.3215(8)-(10). For legislative lobbying, every sworn complaint or audit indicating a possible violation (with the exception of an untimely report) is subject to investigation by designated committees of either house of the Legislature. Id. § 11.045(7)....

...An attorney, or any person who represents a client in a judicial proceeding or in a formal administrative proceeding conducted pursuant to chapter 120 or any other formal hearing before an agency, board, commission, or authority of this state. (Emphasis added.) Similarly, section 11.045(1)(f), Florida Statutes (2008), defines legislative lobbying as "influencing or attempting to influence legislative action or nonaction through oral or written communications or an attempt to obtain goodwill of a member or employee of...

...For the remaining federal law question, we affirm the district court’s decision that the Act was not unconstitutionally vague or overbroad. I. Background At a special session in December 2005, the Florida Legislature passed the Act, now codified at sections 11.045 and 112.3215 of the Florida Statutes, which regulates legislative and executive lobbying activities in the State of Florida. According to the Act, “no lobbyist or principal shall make, directly or indirectly, and no member or employee of the legislature,” Fla. Stat. § 11.045 (4)(a) (emphasis added), nor any “agency official, member, or employee shall knowingly accept, directly or indirectly, any expenditure,” id....

...urposes and are accepted by an official. The Act also includes a disclosure provision that requires lobbying firms to file quarterly statements reporting the total compensation paid or owed by their “principals” — that is, their clients. Id. §§ 11.045(3)(a)l.c, 112.3215(5)(a)l.c. Lobbying firms must also disclose the full name, business address, and telephone number of each principal, as well as the total compensation that each principal paid or owed to the lobbying firm. Id. §§ 11.045(3)(a)2, 112.3215(5)(a)2. In addition to the disclosure provision, the Act has enforcement provisions that allow for audits as well as for the filing of sworn complaints. Id. §§ 11.045(7)-(8), 112.3215(8)-(10). For legislative lobbying, *1076 every sworn complaint or audit indicating a possible violation (with the exception of an untimely report) is subject to investigation by designated committees of either house of the Legislature. Id. § 11.045(7)....

...Here, substantial doubt exists about the three issues in this case that relate solely to matters of Florida constitutional law. First, Plaintiffs assert that the Act, or at least certain parts of it, violate Florida’s separation of powers doctrine. They specifically challenge provisions in section 11.045 that authorize designated committees of the Legislature (1) to provide advisory opinions on the applicability and interpretation of relevant provisions of the Act, (2) to investigate any person or lobbying firm alleged to have violated...

...ere is no controlling precedent of the supreme court of Florida.” Fla. Const, art. V, § 3(b)(6). Because we have found no such controlling precedent, we certify the following questions to the Florida Supreme Court: 6 (1) Whether the provisions of section 11.045 that authorize designated committees of the Legislature to issue advisory opinions, to investigate violations of the Act, and to recommend punishment for approval by the full Legislature violate Florida’s separation of powers doctrine....

...City of Rockford, 408 U.S. 104 , 92 S.Ct. 2294, 2298-99 , 33 L.Ed.2d 222 (1972). We conclude that the Act does not violate due process standards about vagueness. For instance, it clearly provides that an expenditure — which is separately defined in sections 11.045(l)(d) and 112.3215(l)(d) — is unlawful only if it is made by a lobbyist or principal and accepted by a government official....

...Contrary to Plaintiffs’ suggestion, the Act cannot reasonably be read to bar all expenditures *1079 for lobbying purposes (for example, a cab fare to the capítol). Instead, it only bars those lobbying expenditures that are accepted by a government official. See Fla. Stat. §§ 11.045 (4)(a), 112.3215(6)(a) (stating that “no lobbyist or principal shall make, directly or indirectly, and no member or employee of the legislature” nor any “agency official, member, or employee shall knowingly accept, directly or indirectly, any expenditure” (emphasis added))....

...Contrary to their claim that the Act requires the disclosure of all compensation paid to lobbyists regardless of how the funds are used, the Act actually only requires the reporting of compensation that lobbyists receive “for any lobbying activity.” Fla. Stat. §§ 11.045 (l)(b), 112.3215(l)(c)....

...however. The Act defines “lobbying” as “influencing or attempting to influence legislative action or nonaction through oral or written communication or an attempt to obtain the goodwill of a *1080 member or employee of the Legislature.” Id. § 11.045(1)©; see also id....

...n. AFFIRMED in part, and QUESTIONS CERTIFIED. . The term "expenditure” is defined as "a payment, distribution, loan, advance, reimbursement, deposit, or anything of value made by a lobbyist or principal for the purpose of lobbying.” Fla. Stat. §§ 11.045 (t)(d), 112.3215(l)(d)....

which conducts audits of state government. See § 11.45(2), Fla. Stat. (2011); § 627.351. This Court also

established where the legislature noted, in section 11.45(1)(e) that a local government entity includes

Id. The term “postaudit” was defined in section 11.45(l)(c), Florida Statutes (1975), and is no longer

within the scope of s. 348.952(6), F.S., supra. Section 11.45, F.S., is the legislative grant of authority

record for inspection and examination." 10 Section 11.45(3)(a)3., Fla. Stat., as amended by Ch. 99-333

the provisions of that law. AS TO QUESTION 1: Section 11.45(3)(a), F.S. (1980 Supp.), provides in pertinent

...the state's legislative or executive officials." Florida League of Professional Lobbyists, Inc. v. Meggs, 87 F.3d 457, 458 (11th Cir.1996). This case presents a challenge to a new lobbying law, chapter 2005-359, Laws of Florida, codified at sections 11.045 and 112.3215, Florida Statutes (the "Act"). The Florida Legislature passed the Act in a special session in December 2005. The Act contains parallel provisions regulating legislative branch lobbying (§ 11.045, Fla.Stat.) and executive branch lobbying (§ 112.3215, Fla.Stat.)....

...With regard to expenditures restrictions, the Act provides that "no lobbyists or principal shall make, directly or indirectly, and no member or employee of the of the legislature" nor "any agency official, member or employee shall knowingly accept, directly or indirectly, an expenditure." § 11.045(4)(a) and § 112.3215(6)(a), Fla. Stat. "`Expenditure' means a payment, distribution, loan, advance, reimbursement, deposit, or anything of value made by a lobbyist or principal for the purpose of lobbying." § 11.045(4)(a) and § 112.3215(6)(a), Fla....

...uarterly reports designating the total compensation owed to the lobbying firm from principals in "the following categories: $0, $1 to $49,999; $50,000 to 899,999; $100,000 to $249,999; $250,000 to $499,999; $500,000 to $999,999; $1 million or more." § 11.045(3)(a)1.c....

...to $19,900; $20,000 to $29,999; $30,000 to $39,999; $40,000 to $49,999; or $50,000 or more. If the category `$50,000 or more' is selected, the specific dollar amount of compensation must be reported, rounded up or down to the nearest $1,000." *1232 § 11.045(3)(a)2.b. and § 112.3215(5)(a)2.b., Fla. Stat. Lobbying firms' compensation records may be subpoenaed for audit, "arid such subpoena may be enforced in circuit court." § 11.045(2)(e) and § 112.3215(5)(g), Fla....

...[must be] delivered by an auditor to the Commission on Ethics." § 11.040(6)(i), Fla. Stat. For legislative lobbying, every sworn complaint or audit indicating a possible violation, other than a late filed report, is subject to investigation by designated committees for each house. § 11.045(7), Fla. Stat. A committee's recommendation for penalty is reported to the President of the Senate or Speaker of the House and submitted to the majority of the appropriate house for a final determination. § 11.045(7), Fla. Stat. Authorized penalties include "a fine of not more than $5,000, reprimand, censure, probation, or prohibition of lobbying for a period of time not to exceed 24 months." § 11.045(7), Fla....

...The Act provides that "no lobbyists or principal shall make, directly or indirectly, and no member or employee of the of the legislature" nor "any agency official, member or employee shall knowingly accept, directly or indirectly, an expenditure." § 11.045(4)(a) and § 112.3215(6)(a), Fla....

...Plaintiffs cannot reasonably argue that they must guess at the meaning of the Act and their obligations to make disclosures. Terms used in the Act are defined with reasonable clarity. Furthermore, Plaintiffs may obtain an advisory opinion to address specific questions about the applicability and interpretation of the Act. § 11.045(5) and § 112.3215(11), Fla....

...State Comm'n on Regulation of Lobbying, 534 F.Supp. 489, 502-03 (N.D.N.Y.1982). The Act, furthermore, provides sufficient standards to prevent arbitrary enforcement. Discretion under the act to waive a requirement or penalty is tied to a good cause standard. See §§ 11.045(3)(e)5....

......" Thornhill v. Alabama, 310 U.S. 88, 97, 60 S.Ct. 736, 84 L.Ed. 1093 (1940). Plaintiffs' overbreadth argument is based on a flawed reading of the Act. The Act specifies that the compensation required to be reported is "for any lobbying activity." § 11.045(1)(b) and § 112.3214(1)(c), Fla....

...nstitution and the right to privacy recognized in the United States Constitution. Plaintiffs' argument is unavailing because privacy rights protect natural persons. The compensation disclosure requirement of the Act applies only to "lobbying firms." § 11.045(3) and § 112.3214(5), Fla. Stat. A lobbying firm is a "business entity." § 11.045(1)(g) and § 112.3214(1)(g), Fla....

...er the law in the event the Court finds that the law is constitutional. Before Plaintiffs may properly seek a declaratory judgment, they should seek an advisory opinion regarding the Acts' applicability to differing factual scenarios, as provided by § 11.045(5) and § 112.3215(11), Fla....

...[3] For legislative branch lobbying, the term "lobbying" is defined as "influencing or attempting to influence legislative action or nonaction through oral or written communication or an attempt to obtain the goodwill of a member or employee of the Legislature." § 11.045(1)(f), Fla....

made available for inspection and copying.5 Section 11.45(2), F.S., requires the Auditor General to "make

...provisions of the statute violate their constitutional rights and assert that they fear imminent reprisal. The legislation challenged here, Chapter 93-121 of the Laws of Florida, amended the provisions of Fla.Stats. §§ 11.045 and 112.3215....

...Those provisions define "Lobbying," "Lobbyist," and "Principal." As amended, the sections provide that a lobbyist hired by a principal shall disclose all lobbying expenditures, whether made by the lobbyist or by the principal, and the source of funds for all such expenditures. See id. § 11.045(3)(a)....

...Furthermore, the Florida legislature has provided for an administrative procedure, so that persons in doubt about the precise operation of the statute may, in writing, seek clarification of the intended reach of the statutes. Id. § 11.045(4)....

Robert A. Butterworth Attorney General (gh) 1 Section 11.45(3)(a)1., F.S. (1986 Supp.), as amended by s

banking and finance of persons designated by it.” Section 11.45(3)(a), Florida Statutes (Supp.1976), provides

Alsop v. Pierce, 19 So.2d 799 (Fla. 1944). 13 Section 11.45(3)(a)4., F.S. 14 See, V.C.F. v. State, 569 So

district boards of trustees of community colleges. Section 11.45(3)(a)1., F.S. See s. 11.45(1)(d), F.S., which

Stat. 15 Section 411.01(8), Fla. Stat. 16 Section 11.45(1)(d), Fla. Stat. 17 See, s. 411.01(9)(b)2.

have an annual financial audit as described in section 11.45, Florida Statutes? According to information

of Florida (codified as s. 339.083, F. S.). Section 11.45 has been amended by Ch. 79-183, Laws of Florida

"governmental entity" is defined broadly in section 11.45, Florida Statutes (1995), as "a state agency

...For the remaining federal law question, we affirm the district court’s decision that the Act was not unconstitutionally vague or overbroad. I. Background At a special session in December 2005, the Florida Legislature passed the Act, now codified at sections 11.045 and 112.3215 of the Florida Statutes, which regulates legislative and executive lobbying activities in the State of Florida. According to the Act, “no lobbyist or principal shall make, directly or indirectly, and no member or employee of the legislature,” Fla. Stat. § 11.045(4)(a) (emphasis added), nor any “agency official, member, or employee shall knowingly accept, directly or indirectly, any expenditure,” id....

...expenditures; instead, it bars 1 The term “expenditure” is defined as “a payment, distribution, loan, advance, reimbursement, deposit, or anything of value made by a lobbyist or principal for the purpose of lobbying.” Fla. Stat. §§ 11.045(1)(d), 112.3215(1)(d). 3 only those expenditures that are made for lobbying purposes and are accepted by an official. The Act also includes a disclosure provision that requires lobbying firms to file quarterly statements reporting the total compensation paid or owed by their “principals” — that is, their clients. Id. §§ 11.045(3)(a)1.c, 112.3215(5)(a)1.c. Lobbying firms must also disclose the full name, business address, and telephone number of each principal, as well as the total compensation that each principal paid or owed to the lobbying firm. Id. §§ 11.045(3)(a)2, 112.3215(5)(a)2. In addition to the disclosure provision, the Act has enforcement provisions that allow for audits as well as for the filing of sworn complaints. Id. §§ 11.045(7)-(8), 112.3215(8)-(10). For legislative lobbying, every sworn complaint or audit indicating a possible violation (with the exception of an untimely report) is subject to investigation by designated committees of either house of the Legislature. Id. § 11.045(7)....

...Here, substantial doubt exists about the three issues in this case that relate solely to matters of Florida constitutional law. First, Plaintiffs assert that the Act, or at least certain parts of it, violate Florida’s separation of powers doctrine. They specifically challenge provisions in section 11.045 that authorize designated committees of the Legislature (1) to provide advisory opinions on the applicability and interpretation of relevant provisions of the Act, (2) to investigate any person or lobbying firm alleged to have viola...

...Florida.” Fla. Const. art. V, § 9 3(b)(6). Because we have found no such controlling precedent, we certify the following questions to the Florida Supreme Court:6 (1) Whether the provisions of section 11.045 that authorize designated committees of the Legislature to issue advisory opinions, to investigate violations of the Act, and to recommend punishment for approval by the full Legislature violate Florida’s separation of powers doctrin...

...Grayned v. City of Rockford, 92 S. Ct. 2294, 2298- 99 (1972). We conclude that the Act does not violate due process standards about vagueness. For instance, it clearly provides that an expenditure — which is separately defined in sections 11.045(1)(d) and 112.3215(1)(d) — is unlawful only if it is made by a lobbyist or principal and accepted by a government official. Contrary to Plaintiffs’ suggestion, the Act cannot reasonably be read to bar all expenditures for lobbying purposes (for example, a cab fare to the capitol). Instead, it only bars those lobbying expenditures that are accepted by a government official. See Fla. Stat. §§ 11.045(4)(a), 112.3215(6)(a) (stating that “no lobbyist or principal shall make, directly or indirectly, and no member or employee of the legislature” nor any “agency official, member, or employee shall...

...Contrary to their claim that the Act requires the disclosure of all compensation paid to lobbyists regardless of how the funds are used, the Act actually only requires the reporting of compensation that lobbyists receive “for any lobbying activity.” Fla. Stat. §§ 11.045(1)(b), 112.3215(1)(c). 7 In general, to challenge a statute facially, “the challenger must establish that no set of circumstances exists under which the Act would be valid.” United States v....

...er, however. The Act defines “lobbying” as “influencing or attempting to influence legislative action or nonaction through oral or written communication or an attempt to obtain the goodwill of a member or employee of the Legislature.” Id. § 11.045(1)(f); see also id....

...Florida’s statute governing lobbying before the Florida Legislature defines “lobbyist” as “a person who is principally employed for governmental affairs by another person or governmental entity to lobby on behalf of that person or governmental entity.” Fla. Stat. § 11.045(1)(g) (2015). The statute further defines “lobbying” as “influencing or attempting to influence legislative action or nonaction through oral or written communication or an attempt to obtain the goodwill of a member or employee of the Legislature.” § 11.045(1)(f)....

...“liaison,” Fewless spent three or more days a week in Tallahassee while the Florida Legislature was in session, often testifying before both offices. As such, Appellee Fewless’ job description falls squarely within Florida’s definition of “lobbyist.” See Fla. Stat. § 11.045(1)(g). 6  Case: 17-11225 Date Filed: 04/02/2018 Page: 7 of 11 proper or authorized attempts to influence the Florida Senate Judiciary Committee on behalf of the OCSO....

...Florida’s statute governing lobbying before the Florida Legislature defines “lobbyist” as “a person who is principally employed for governmental affairs by another person or governmental entity to lobby on behalf of that person or governmental entity.” Fla. Stat. § 11.045(1)(g) (2015). The statute further defines “lobbying” as “influencing or attempting to influence legislative action or nonaction through oral or written communication or an attempt to obtain the goodwill of a member or employee of the Legislature.” § 11.045(1)(f)....

...“liaison,” Fewless spent three or more days a week in Tallahassee while the Florida Legislature was in session, often testifying before both offices. As such, Appellee Fewless’ job description falls squarely within Florida’s definition of “lobbyist.” See Fla. Stat. § 11.045(1)(g). 6  Case: 17-11225 Date Filed: 04/02/2018 Page: 7 of 11 proper or authorized attempts to influence the Florida Senate Judiciary Committee on behalf of the OCSO....

the Auditor General will conduct such audit. Section 11.45(3)(a) did not operate retroactively and did