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Florida Administrative Code (Last Updated: April 18, 2024) |
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34. Commission on Ethics |
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D34. Departmental |
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34-13. Gifts And Honoraria |
1(1) A “lobbyist” means any natural person who is paid a salary, fee, or is otherwise compensated for seeking, at the time a gift, honorarium, or the payment or provision of expenses related to an honorarium event is solicited or offered, to influence the governmental decisionmaking of, or to encourage of passage, defeat, or modification of any proposal or recommendation by, a reporting individual or procurement employee in an official capacity or the individual’s or employee’s agency.
78(2) A “lobbyist” also means any natural person who was paid a salary, fee, or was otherwise compensated for seeking and sought, within the 12 months preceding the time a gift, honorarium, or the payment or provision of expenses related to an honorarium event is solicited or offered, to influence the governmental decisionmaking of, or to encourage the passage, defeat, or modification of any proposal or recommendation by, a reporting individual or procurement employee in an official capacity or the individual’s or employee’s agency.
162(3) “Governmental decisionmaking” and “the passage, defeat, or modification of any proposal or recommendation” include, but are not limited to, decisions, proposals, and recommendations in the areas of procurement, policymaking, investigation, or adjudication.
195(4) One is “seeking to influence” or “seeking to encourage” when one has the intent to affect a decision, proposal, or recommendation and takes any action that directly or indirectly furthers or communicates one’s intention. A purely informational request made to an agency representative and not intended in any way to directly or indirectly affect a decision, proposal, or recommendation of an officer or employee of an agency does not constitute seeking to influence governmental decisionmaking or seeking to encourage the passage, defeat, or modification of a proposal or recommendation.
285(5) With respect to an agency that has established by rule, ordinance, or law a registration process for persons seeking to influence decisionmaking or to encourage the passage, defeat, or modification of any proposal or recommendation by such agency or an employee or official of the agency, the term “lobbyist” includes only a person who is required to be registered as a lobbyist in accordance with such rule, ordinance, or law or who was during the preceding 12 months required to be registered as a lobbyist in accordance with such rule, ordinance, or law. At a minimum, such a registration system must require the registration of, or must designate, persons as “lobbyists” who engage in the same activities as require registration to lobby the Legislature under Section 41211.045, F.S.
414Rulemaking Authority 416112.322(9)(b) FS. 418Law Implemented 420112.312, 421112.313, 422112.3148, 423112.3149 FS. 425History–New 4-16-92, Amended 2-27-95.
