Fla. Admin. Code Ann. R. 34-12.110 - Exclusions for Judicial Proceedings

"Lobbyist" does not include an attorney or any other person who represents a client in a judicial proceeding.

(1) Representation of a client in a judicial proceeding includes all oral and written communications with an agency or any of its representatives which relate to the proceeding.

(2) For purposes of this rule, a judicial proceeding does not commence until a complaint, petition, indictment, information, or other pleading initiating the proceeding has been filed. Therefore, an attorney or other person representing a client who lobbies an agency regarding matters which in the future may result in a judicial proceeding may be a "lobbyist" for purposes of this chapter if he is seeking to influence the agency with respect to a decision of the agency in the area of "policy, " as defined in subsection 34-12.020(9), F.A.C.

(3) A judicial proceeding is not concluded until the court or tribunal loses jurisdiction over the proceeding. Therefore, an attorney or other person who represents a client before an executive branch agency regarding matters on which a court or judicial tribunal has jurisdiction to take action is not a "lobbyist."

(4) A "judicial proceeding" includes a proceeding before a judge of compensation claims involving workers' compensation or birth-related neurological injuries.

Notes

Fla. Admin. Code Ann. R. 34-12.110

Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented 112.3215 FS.

New 10-12-89.

New 10-12-89.