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.