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Judge refuses to block lobbyist law

The pretrial ruling is a victory for Senate President Tom Lee, who fought for passage of the tough ethics legislation.

By ASSOCIATED PRESS
Published May 13, 2006

TALLAHASSEE - A federal judge Friday refused to block a new state law banning gifts to legislators and requiring that lobbyists disclose who pays them and how much.

U.S. District Judge Stephan Mickle refused to issue a temporary injunction and summary judgment sought by the Florida Association of Professional Lobbyists and two individual plaintiffs. The case now can go to trial unless the ruling is appealed.

"Many of the plaintiffs' positions are contrary to the plain language of the act," Mickle wrote, a clear indication he is unlikely to overturn the law.

One of the toughest ethics laws in the nation, it took effect Jan. 1.

The decision was a victory for Senate President Tom Lee, R-Valrico, who led the fight for passage in a special legislative session in December. "The disclosure bill is an important step this Legislature has taken to restore the public's trust in their government," Lee said in a statement. "We will continue to aggressively defend this law because we believe it is the right thing to do for Florida."

Lobbyist Ron Book said the plaintiffs will decide next week whether to appeal to the 11th U.S. District Court of Appeals in Atlanta..

"The judge failed, in my opinion, to correctly analyze the adoption of the statute," Book said.

The lobbyists argued that the law, filed as a Senate bill, is invalid because it was not read three times in the House. The Florida Constitution requires three readings in each chamber on separate days unless that rule is waived by a two-thirds vote.

The rule was waived, Mickle wrote. "Plaintiffs have not demonstrated a substantial likelihood of success on this ground."

Mickle also rejected arguments that the law violates the plaintiffs' constitutional rights of free speech and petition, due process, equal protection and privacy.

[Last modified May 13, 2006, 02:30:25]