Federal judge nixes Florida lobbying ban aimed at preventing corruption

A federal judge has killed a Florida restriction on state and local officials lobbying other government bodies while in office.

The judge agreed with local officials who said it violated the First Amendment.

"The In-Office Restrictions are content-based, overbroad restrictions on speech," wrote U.S. District Judge Beth Bloom of the Southern District of Florida on Wednesday. In March, the judge issued a preliminary injunction against a restriction.

The prohibition was created through a 2018 constitutional amendment 79% of voters approved. The Legislature passed a law implementing it last year.

Bloom, who former President Barack Obama appointed, did not block a restriction on former state and local officials lobbying for six years after leaving office. The ruling was first reported by the Miami Herald.

Info about Amendment 12, lobbying ban: A voter's guide to Florida's 12 amendments on the 2018 election ballot and what they mean

County commissioner rails against ban: Judge's ruling on Florida lobbying ban has Bill Proctor vowing to 'die in office' fighting

The amendment was largely the work of Don Gaetz, the former state Senate president who served on the Constitution Revision Commission, which pushed the amendment as a way to improve ethical standards. It was billed as one of the toughest lobbying policies in the country.

At the time, Gaetz said the provisions were designed “to nail shut the revolving door between public office and private lobbying.”

“State and local politicians have called me or come to see me, troubled that their present activities or future career plans might be in jeopardy, and that reassured me,” Gaetz said. “Everybody is for ethics until it knocks on our door.”

The restriction specifically prevented officials from lobbying "on issues of policy, appropriations, or procurement" with other government bodies.

"[The restrictions] broadly prohibit the speech of professional lobbyists who lobby on specific issues, yet they fully permit other types of lobbying activity,' " Bloom writes. "The State carries the heavy burden of assuaging these concerns with evidence that the In-Office Restrictions are in fact 'narrowly tailored to serve' the compelling interest of preventing quid pro quo corruption or its appearance."

The state, she went on to say, was not able to do so.

Those suing were Miami-Dade County Commissioner René Garcia and South Miami Mayor Javier Fernández, both former state lawmakers. Several other officials also challenged the law, including Leon County Commissioner Bill Proctor, but Bloom removed them, saying they lacked standing.

In the ruling, Bloom also said Fernández lacked standing, making Garcia the sole plaintiff.

Garcia, executive vice president of consulting company New Century Partnership, said the restriction had kept his company from taking on lobbying clients.

Those sued: the Florida Commission on Ethics, Attorney General Ashley Moody and Chief Financial Officer Jimmy Patronis.

The News Service of Florida contributed to this article

This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Douglas Soule is based in Tallahassee, Fla. He can be reached at DSoule@gannett.com. Twitter: @DouglasSoule.

This article originally appeared on Tallahassee Democrat: Federal judge kills Florida citizen-approved lobbying ban