34-12.125. Exclusions for Administrative Proceedings  

Effective on Sunday, October 19, 2014
  • 1[Notice: This rule replaces Rule 634-12.120, 7F.A.C., except with respect to lobbying activities involving water management districts. Chapter 2014-183, Section 6, Laws of Florida, created Section 112.3261, F.S., “Lobbying before water management districts; registration.” That section provides that “lobbies” means seeking, on behalf of another person, to influence a water management district with respect to a decision of the district in an area of policy or procurement or an attempt to obtain the goodwill of a district official or employee. The term “lobbies” shall be interpreted and applied consistently with the rules of the commission implementing Section 98112.3215, F.S. 100As Rule 10234-12.125, 103F.A.C., was not in existence when the Legislature enacted Section 112.3261, F.S., on May 2, 2014, the rule is not incorporated by reference into Section 112.3261, F.S.]

    130“Lobbyist” does not include an attorney or other person who represents a client in a formal administrative proceeding conducted pursuant to Chapter 120, F.S., or in any other formal hearing before an agency.

    163(1) Formal administrative proceedings conducted pursuant to Chapter 120, F.S., and other formal hearings before an agency include:

    181(a) Formal and informal proceedings under Sections 188120.569 189and 190120.57, F.S., 192after the filing of a petition or request for hearing which initiates the proceeding;

    206(b) Rule challenge proceedings under Section 212120.56, F.S., 214after the filing of the petition or request with the Division of Administrative Hearings;

    228(c) Declaratory statement proceedings under Section 234120.565, F.S., 236after the filing of the petition for a declaratory statement;

    246(d) Bid protest proceedings under Section 252120.57(3), F.S., 254after the filing of a formal written protest;

    262(e) Rulemaking proceedings under Section 267120.54. F.S., 269after the publication of the notice of rule development pursuant to Section 281120.54(2), F.S., 283or the filing of a petition to initiate rulemaking pursuant to Section 295120.54(7), F.S., 297and

    298(f) All other hearings of an agency of a similar nature to a hearing governed by a provision of Chapter 120, F.S., after the filing of the petition, complaint, or request which initiates the proceeding.

    333(g) An attorney or other person representing a client who lobbies an agency regarding matters which in the future may result in an administrative proceeding described in subsections (a) through (f) above may be a “lobbyist” for purposes of this rule if he or she is seeking to influence the agency with respect to a decision of the agency in the area of “policy,” as defined in subsection 34-12.040(6), F.A.C.

    404(2) Representation of a client in one of the types of administrative proceedings and formal hearings described in subsection (1) includes all oral and written communications with an agency or any of its representatives which relate to the proceeding or hearing.

    445Rulemaking Authority 447112.3215, 448112.322(9) FS. 450Law Implemented Chapter 2014-183, Section 6, LOF, 457112.3215, 458112.3261 FS. History‒New 10-19-14.


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