112.3122
Enforcement and penalties for constitutional prohibition against lobbying by a public officer.
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112.3122 Enforcement and penalties for constitutional prohibition against lobbying by a public officer.—
(1) Section 8(f), Art. II of the State Constitution applies to persons serving as public officers on or after December 31, 2022.
(2) For purposes of administrative enforcement, a violation of s. 8(f), Art. II of the State Constitution is deemed a violation of this part.
(3) If the commission finds that there has been a violation of s. 8(f)(3), Art. II of the State Constitution, the commission must report its findings and recommendations for appropriate action to the Governor, who has the power to invoke any of the penalties under subsection (4).
(4) A violation of s. 8(f), Art. II of the State Constitution may be punished by one or more of the following:
(a) Public censure and reprimand.
(b) A civil penalty not to exceed $20,000.
(c) Forfeiture of any pecuniary benefits received for conduct that violates this section. The amount of the pecuniary benefits must be paid to the General Revenue Fund.
(5) The Attorney General and Chief Financial Officer are independently authorized to collect any penalty imposed under this section.
History.—s. 2, ch. 2022-140; s. 1, ch. 2024-253.
Notes of Decisions
Cited in 3
cases (3 in the last 5 years), 2023–2023 · leading case: Garcia v. Stillman
Garcia v. Stillman (2023)
“The Implementing Statutes create penalties for violations of the Anti-Lobbying Amendment, including “[p]ublic censure and reprimand,” “[a] civil penalty not to exceed ,000,” and “[f]orfeiture of any pecuniary benefits received for conduct that violates this section.”
Garcia v. Stillman (2023)
“” Fla. Stat. § 112.3122 (4). They also define many terms that appear in the Anti-Lobbying Amendment, including “Lobby,” “Lobby for compensation,” “Issue of appropriation,” “Issue of policy,” and “Issue of procurement.”
Garcia v. Stillman (2023)
“INTRODUCTION On December 27, 2022, Plaintiffs moved for a preliminary injunction enjoining Defendants from enforcing Article II, § 8(f)(1)-(3) of the Florida Constitution and Fla. Stat. § 112.3122 . ECF No. [19]. On February 28, 2023, the Court granted Plaintiffs’ motion in part…”
— 112.3122(1) — 2 cases
Garcia v. Stillman (2023)
“” Fla. Stat. § 112.3122 (4). They also define many terms that appear in the Anti-Lobbying Amendment, including “Lobby,” “Lobby for compensation,” “Issue of appropriation,” “Issue of policy,” and “Issue of procurement.”
Garcia v. Stillman (2023)
“The Implementing Statutes create penalties for violations of the Anti-Lobbying Amendment, including “[p]ublic censure and reprimand,” “[a] civil penalty not to exceed ,000,” and “[f]orfeiture of any pecuniary benefits received for conduct that violates this section.”
— 112.3122(4) — 1 case
Garcia v. Stillman (2023)
“The Implementing Statutes create penalties for violations of the Anti-Lobbying Amendment, including “[p]ublic censure and reprimand,” “[a] civil penalty not to exceed ,000,” and “[f]orfeiture of any pecuniary benefits received for conduct that violates this section.”
— 112.3122(5) — 1 case
Garcia v. Stillman (2023)
“The Implementing Statutes create penalties for violations of the Anti-Lobbying Amendment, including “[p]ublic censure and reprimand,” “[a] civil penalty not to exceed ,000,” and “[f]orfeiture of any pecuniary benefits received for conduct that violates this section.”
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