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New Florida law may give governor power to fill political vacancies throughout state

MIAMI-DADE COUNTY, Fla. – Three South Florida politicians from both sides of the aisle are fighting a law that is making them choose between holding public office and their lobbying jobs.

The lawsuit filed in federal court, alleges the state law signed by Florida Gov. Ron DeSantis back in May, “...unjustifiably and unconstitutionally restrict Plaintiffs’ core political speech rights, associational rights and rights to petition the government in violation of the First Amendment to the United States Constitution...”

Some of the plaintiffs in this case include Rene Garcia, Javier Fernandez and Crystal Wagar.

Garcia is currently a Miami-Dade County commissioner and is the former chair of the county’s Republican Party. According to the lawsuit, Garcia is also executive vice president of New Century Partnership, a business consulting firm that offers lobbying services.

Fernandez is a Democrat and currently the Mayor of South Miami. He was previously a member of the Florida House of Representatives and is currently an attorney with a law firm where he represents clients before county and municipal boards.

Wagar is a current councilwoman in Miami Shores and is also an employee at Southern Group, a lobbying firm.

“Far more people will be affected by this than the plaintiffs in our lawsuit,” said plaintiff attorney Scott Hiassen.

In 2018, Florida voters approved Amendment 12 which basically says public officers are prohibited from engaging in compensated lobbying.

Those who break the law could face censure and reprimand, and could be forced to pay up to $10,000 in penalties.

The law goes into effect on Dec. 31.

“We recognize and I think everyone recognizes that lobbying is not something that cannot be unregulated, but the regulations of lobbying need to be consistent with the First Amendment,” said Hiassen.

While not listed in the lawsuit, Miami-Dade School Board member Lubby Navarro is also dealing with the same dilemma.

Navarro is a registered lobbyist for the South Broward Hospital District.

Within days, you could have political vacancies throughout South Florida, allowing the governor to fill those posts.

ADDITIONAL INFO

Summary of the law

VIEW THE LAWSUIT BELOW:


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