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The Florida Statutes

The 2022 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS
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F.S. 112.3123
112.3123 Definitions.As used in this section and for purposes of implementing s. 13(b), Art. V of the State Constitution, the term:
(1) “Administrative action” means any process or decision regulated by chapter 120 or, for agencies of the executive branch of state government not subject to chapter 120, any action or a decision on a license, permit, waiver of regulation, or any other administrative procedure or procedure governed by existing law, rule, or regulation, except on an issue of procurement.
(2) “Compensation” means a payment, a distribution, a loan, an advance, a reimbursement, a deposit, a salary, a fee, a retainer, or anything of value provided or owed to a recipient, directly or indirectly, from any source for lobbying activity.
(3) “Governmental entity” means an officer or agency of the executive or legislative branches of state government.
(4) “Issue of appropriation” means a legislative decision to expend or approve an expenditure of public funds, including decisions that are delegated to an administrator.
(5) “Issue of policy” means a change in a law or a decision, plan, or course of action designed to influence or determine the subsequent decisions or actions of a governmental entity, to sell or otherwise divest public property, or to regulate conduct. The term does not include a decision or determination of any rights, duties, or obligations made on a case-by-case basis.
(6) “Issue of procurement” means a proposal to purchase or acquire property, an interest in property, or services by a governmental entity.
(7) “Legislative action” means introduction, sponsorship, testimony, debate, voting, or any other official action on a measure, a resolution, an amendment, a nomination, an appointment, a report, or an other matter.
(8)(a) “Lobby” means to influence or attempt to influence an action or decision through oral, written, or electronic communication and, with respect to:
1. The executive branch of state government, is limited to influencing decisions, other than administrative action, that are vested in or delegated to an agency or officer thereof.
2. The legislative branch of state government, is limited to influencing a procurement decision or any legislative action or nonaction by either the Senate or the House of Representatives, or any committee or office thereof.
(b) The term “lobby” does not mean any of the following:
1. Providing or seeking to provide confidential information to be used for law enforcement purposes.
2. Appearing as a witness to provide information at the written request of the chair of a legislative body or committee, including a legislative delegation meeting.
3. Appearing or offering written testimony under oath as an expert witness in any proceeding for any purpose related to the proceeding and communications related to such testimony.
(9)(a) “Lobby for compensation” means being employed or contracting for compensation for the purpose of lobbying, and includes being principally employed for governmental affairs to lobby on behalf of a person or public entity.
(b) The term “lobby for compensation” does not include any of the following:
1. A public officer carrying out the duties of his or her public office.
2. A public or private employee, including an officer of a private business, nonprofit entity, or any public entity acting in the normal course of his or her duties, unless he or she is principally employed for governmental affairs.
3. Advice or services to a governmental entity pursuant to a contractual obligation with the governmental entity.
4. Representation of a person on a legal claim cognizable in a court of law, in an administrative proceeding, or in front of an adjudicatory body, including representation during prelitigation offers, demands, and negotiations, but excluding representation on a claim bill pending in the Legislature.
5. Representation of a person in any proceeding on a complaint or other allegation that could lead to discipline or other adverse action against the person.
6. Representation of a person with respect to a subpoena or other legal process.
(10) “Principally employed for governmental affairs” means that the principal or most significant responsibility of the employee is to oversee the employer’s various relationships with governmental entities or representing the employer in its contacts with governmental entities.
History.s. 1, ch. 2022-141.