Lobbying Gift Ban Challenge Returned to Florida Supreme Court

On Wednesday, April 23, the 11th U.S. Circuit Court of Appeals returned to the Florida Supreme Court a case challenging the United States and Florida constitutionality of a strict gift ban passed by the Florida Legislature in 2005 that also requires lobbyists to disclose the money they are paid by their clients.
The Court ruled that the law is not too vague under the U.S. Constitution, but said that the other three challenges made by the case–that legislators violated their own procedures in passed the ban, that the law violates the separation of powers doctrine, and that it infringes on the Florida Supreme Court’s power to regulate lawyers–should best be decided by the Florida Supreme Court. 

“Having reviewed all the arguments and the case law, we conclude that the law in Florida is not sufficiently established for us to determine with confidence whether the act is unconstitutional under the state’s constitution,” the Court wrote.
Colodny Fass will monitor this issue and provide updates as they become available.
 
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