Florida Regulations 34-12.110: Exclusions for Judicial Proceedings
Current as of: 2024 | Check for updates
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“”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.
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Florida Statutes § 112.3215. History-New 10-12-89.
Terms Used In Florida Regulations 34-12.110
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(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.
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Florida Statutes § 112.3215. History-New 10-12-89.