re Florida Attorney General Ashley Moody's office fighting a ruling on lobbying restrictions on Florida's elected officials: The cautionary tale of Steve Geller and Joe Gibbons track record makes a reasonable person realize we NEED even stronger and more meaningful ethics laws in the Sunshine State
As I have told most of you loyal readers of the blog via emails or in-person since before 2018 -some of you, in fact, SEVERAL TIMES!- I truly wish the Florida law mentioned last week in Florida Trend, below, had been a state law in effect back when:
a.) Present-day Broward County Commissioner Steve Geller was a state senator, with a public office located at Hallandale Beach City Hall no less.
In theory if not practice, Geller was supposed to be representing the citizens and stakeholders of Hallandale Beach in the Florida state Senate in Tallahassee, yet at the time, was free to legally lobby AGAINST their interests -as well as those of HB's elected officials- on behalf of any of his lobbying clients, and,
b.) Joe Gibbons, the ex-Hallandale Beach City Commissioner and then-Florida state Representative -so, like Steve Geller above, in theory, representing the interests of citizens and small business owners of Hallandale Beach and West Park in the Florida House of Representatives in Tallahassee- yet, Gibbons was legally free to lobby AGAINST the interests of the city's residents, stakeholders and elected officials, on behalf of his other clients. And did.
Clients that Hallandale Beach citizens and stakeholders were completely unaware of, even if a particular project he was somehow financially involved in was being discussed on local TV newscasts or in the Miami Herald or South Florida Sun Sentinel, since unless his name is specifically mentioned, how would you know he was connected to it?
You wouldn't.
In one particular egregious case regarding Joe Gibbons WHILE he was a Florida state Representative, a case that I chronicled here on the blog MANY TIMES at the time, Gibbons was working FOR the interests of a large, well-heeled South Florida real estate development company involving a VERY UNPOPULAR development proposal on the beach. Specifically, one proposed for 2000 S. Ocean Drive.
What is now referred to as 2000 Ocean, below.
A proposed development that was opposed by both the city residents living closest to it, at the Parker Plaza condos, as well as the majority of the rest of the community.
The latter, a reflection of the fact that the city's elected officials, City Manager and CRA officials seemed even more intent than usual in bending over and rushing the project through with as little public engagement and input, and handicapping the public by NOT making PUBLIC INFORMATION available to me and them as soon as it was available.
(Yes, not only the common thread but actually the default position of Hallandale Beach elected officials and City Managers since I first returned to South Florida 20 years ago, after working and living in Washington, D.C. for roughly 15 years, often on behalf of some of the largest of Fortune 500 companies, and the nation's most influential law firms, PACs and lobbying groups.)
Typically for Broward County pols, where no interest looms larger than self-interest, Joe Gibbons did all of this while he was running against first-term incumbent Beam Furr for his Broward County Commission seat representing SE Broward County, including Hollywood.
If you were a normal person, you'd think that the issue would have caused the South Florida news media to be all over it, given that it was happening while Gibbons was campaigning for public office again.
But you'd be wrong.
As I wrote about many times here on the blog, absolutely ZERO members of South Florida's press corps, print or TV or even NPR affiliate WLRN, were interested in asking any hard questions about that particular arrangement, despite the unethical optics of it, to say nothing of the huge amount Gibbons reportedly would have received if he had succeeded: $200,000 according to well-informed people involved in the process.
And the worst part of all, a FACT that I wrote about then on my blog and in emails to many of you, Gibbons NEVER even did the bare minimum the city's extant ethics and lobbying laws REQUIRED.
That is, Gibbons never filed the required lobbying docs at HB City Hall, as every other lobbyist is required to do, yet he had many conversations with City Commissioners and top city staffers at the time, including several with unethical Comm. Anthony Sanders, a man who later was forced out by Broward Inspector General John Scott because of Sanders steering nearly a million dollars in HB CRA funds to his family and friends, naturally, because the city was unwilling and unable to do even the most basic oversight of the millions of dollars in the city's CRA pot.
(For the record, the Miami Herald has STILL never reported in-print that he was forced to resign -or else!)
That Joe Gibbons, who lived in Jacksonville with his family while he was a state Representative, while claiming, falsely, to be a full-time bona fide Hallandale Beach resident, was a great believer of rules for you and me, but NOT for him. Surprise!
Even now we STILL don't know who the real priorities of Steve Geller and Joe Gibbons were when they were public officials in Tallahassee or Broward County: the public or their own financial interests?
Screen grabs are from my August 23, 2010 post, Broward political insider wisely intones the truth: "Kristin Jacobs has gone over to the Dark Side." But is she, well, Steve Geller dark? Even I don't think THAT!
In the case of Joe Gibbons, as noted above, it was a clear and egregious conflict-of-interest, which is why that sort of carte blanche freelancing is, now, illegal in Florida among elected officials.
Which is NOT to say that there shouldn't be even MORE stringent ethics laws passed in Tallahassee, including much higher cash fines. Fines that more properly reflect not just the interests of the public but the sort of inflation the rest of the state's populace has had to deal with the past few decades, since the reality of the matter is that the Florida state Ethics Commission's fines are now are so low, that they're not just embarrassing on their face, but especially when compared to what other states' Ethics Commissions can and will fine, when it's legally appropriate.
Dave
David Bruce Smith
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NEWS SERVICE OF FLORIDA
Florida attorney general's office fights a ruling on a lobbying restriction
Jim Saunders | The News Service of Florida | 10/26/2023
Pointing to securing the “public trust,” Attorney General Ashley Moody’s office has asked a federal appeals court to overturn a decision that blocked part of a 2018 state constitutional amendment imposing new restrictions
on lobbying.
U.S. District Judge Beth Bloom this summer issued a permanent injunction against a restriction on state and local officials lobbying other government bodies while in office. Bloom said the restriction violated First Amendment rights.
But in a 62-page brief filed Wednesday at the 11th U.S. Circuit Court of Appeals, lawyers in Moody’s office disputed that the restriction is unconstitutional and said paid “lobbying by public officials threatens the integrity of and public confidence in democracy.”
“Florida’s restriction alleviates the threat of financial quid pro quos and their appearance in a direct and material way,” the brief said. “It prevents elected and executive-level officers, who wield political influence, from taking, or appearing to take, dollars … for political favors … in derogation of public trust.”
The 2018 amendment, which was proposed by the state Constitution Revision Commission, sought to bar public officials from lobbying “for compensation on issues of policy, appropriations, or procurement before the federal government, the Legislature, any state government body or agency, or any political subdivision of this state, during his or her term of office.”
The remaining plaintiff in the case is Miami-Dade County Commissioner Rene Garcia, after Bloom ruled that another plaintiff, South Miami Mayor Javier Fernandez, did not have legal standing.
Garcia, a former state House member and senator, is executive vice president of New Century Partnership, a firm that provides lobbying and other services. Garcia said he turned down at least two clients who sought lobbying services for legislative appropriations in Tallahassee because of the restriction, according to Bloom’s ruling.
In the filing Wednesday, Moody’s office took issue with the injunction applying to officials across the state. The brief said that if Bloom’s ruling is upheld, it should apply only to Garcia.
“Because Garcia’s injury is limited to the fear of enforcement against him, the court could have afforded complete relief by enjoining the state defendants from enforcing the restriction against only him,” the brief said. “By enjoining the restriction as to all public officers in the state, the district court departed from traditional equitable practice.”
Bloom, who is based in South Florida, ruled that the 2018 constitutional amendment and a law that carried it out placed “content-based, overbroad restrictions on speech.”
“Contrary to defendants’ assertion, the in-office restrictions target speech based on the context of the speech and its content,” Bloom wrote.
But the state’s brief Wednesday said that “no matter the public office or the lobbied government entity making political decisions, Florida has a substantial interest in preventing officeholders from being (or appearing to be) bought and paid for in the political arena while holding public office in public trust.”
Bloom did not block another part of the voter-approved amendment that restricts former state and local officials from lobbying for six years after leaving office.
