reglab/statecodes huggingface dataset:
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.165 - Examples of Lobbying Activities

Current through Reg. 50, No. 138; July 16, 2024
[Notice: This rule replaces Rule
				   34-12.160, F.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
				   112.3215, F.S. As Rule
				   34-12.165, F.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.]
As used in this rule, "lobbying" activities include, for
				  example:
(1) The representation of a
				client in communications with the Office of the Governor with respect to
				legislative matters.
(2) Seeking to
				influence the content of an agency's request for proposals or specifications
				for the purchase of goods or services on behalf of another person or
				governmental entity, unless in regard to the category of purchases described in
				Rule  34-12.150, F.A.C.
(3) Seeking to influence the priority given
				by an agency to the purchase of land or to a construction project on behalf of
				another person or governmental entity.
(4) Seeking to influence an agency's decision
				regarding a proposed rule in behalf of a client through communications with
				agency personnel prior to the publication of a notice of rule development
				pursuant to Section  120.54(2),
				F.S., or the filing of a petition to initiate rulemaking pursuant to Section
				 120.54(7),
				F.S.
(5) Seeking to influence an
				agency in behalf of a person or governmental entity with respect to policies of
				the agency.
Rulemaking Authority
					  112.3215,
					 112.322(9) FS.
					 Law Implemented Chapter 2014-183, Section 6, L.O.F.,
					 112.3215,
					  112.3261 FS.
New 10-19-14.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.170 - Examples of Activities Not Constituting Lobbying Involving Water Management Districts

Current through Reg. 50, No. 138; July 16, 2024
As used in this chapter, "lobbying" activities do not
				  include, for example:
(1)
				Participation at a bid conference held by an agency after bid specifications
				have been set and announced by the agency.
(2) The mere submission of a bid or proposal
				in response to an agency's solicitation of bids or request for
				proposals.
(3) A request for
				information about an agency's procedures, forms, budget, budget proposal,
				programs, or other requirements in behalf of another.
(4) Appearances before an agency and
				communications with an agency which are initiated by the agency's request, such
				as a response to an agency's request for information, an appearance in response
				to an agency subpoena, or a quotation of prices or description of materials or
				services available in response to an agency's inquiry.
(5) Advice or services communicated to an
				agency which arise out of an existing contractual obligation to the agency to
				render the advice or services provided.
(6) Representation of a client before an
				agency where the agency's decision relates to the grant or denial of a permit,
				license, or certification, or may result in an order imposing or recommending
				the imposition of disciplinary action against the client.
(7) Representation of a client at a publicly
				noticed hearing or workshop conducted by an agency regarding a proposed agency
				rule.
(8) Representation of a
				person before an agency where the person provides only reimbursement for actual
				travel, lodging, and meal expenses, rather than compensation, remuneration, or
				a commission for the representation.
(9) Communications with an agency by an
				expert consultant retained by a person to gather, analyze, or disseminate
				information required by the agency, when made in connection with the person's
				application for a permit, license, or certification.
Rulemaking Authority
					  112.3215,
					 112.322(9) FS.
					 Law Implemented Chapter 2014-183, Section 6, L.O.F.,
					 112.3215,
					  112.3261 FS.
New 10-12-89.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.180 - Engendering "Goodwill"

Current through Reg. 50, No. 138; July 16, 2024
(1) Activities
				by a lobbyist which do not involve directly attempting to influence a specific
				decision of an agency in the area of policy or procurement may nonetheless be
				considered "lobbying" pursuant to Section
				 112.3215, F.S., and this rule
				chapter, where an expenditure is made by a lobbyist or principal for the
				personal benefit of an agency official or employee. Such expenditures will be
				considered to have been for the purpose of engendering goodwill, unless the
				agency official or employee is a relative of the lobbyist or principal paying
				for the expenditure.
(2) For
				purposes of this rule, "relative" means a person who is related to an agency
				official or employee as father, mother, son, daughter, brother, sister, uncle,
				aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law,
				stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister,
				half-brother, half-sister, grandparent, great grandparent, grandchild, great
				grandchild, step grandparent, step great grandparent, step great grandchild,
				engaged to be married to the agency official or employee, or who otherwise
				holds himself or herself out as or is generally known as the person whom the
				agency official or employee intends to marry or with whom the agency official
				or employee intends to form a household, or any other natural person having the
				same legal residence as the agency official or employee.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 1-4-94.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.190 - Indirect Expenditures

Current through Reg. 50, No. 138; July 16, 2024
(1) Where an
				expenditure is made to a person other than the agency official or employee by a
				lobbyist or principal, where the expenditure or the benefit of the expenditure
				ultimately is received by the agency official or employee, and where the
				expenditure is provided with the intent to benefit the agency official or
				employee, such expenditure will be considered a prohibited indirect expenditure
				to the agency official or employee.
(2) Where an expenditure or the benefit of an
				expenditure is made to an agency official or employee by someone other than a
				lobbyist or principal, but the expenditure has been provided by or paid for by
				a lobbyist or principal who intends thereby to benefit the agency official or
				employee, such expenditure will be considered a prohibited indirect expenditure
				to the agency official or employee.
(3) Factors which the Commission will
				consider in determining whether a prohibited indirect expenditure has been made
				include but are not limited to:
(a) The
				existence or nonexistence of communications by the lobbyist or principal, or by
				the intervening third person, indicating the lobbyist's or principal's intent
				to make or convey the expenditure to the agency official or employee rather
				than to the intervening third person;
(b) The existence or nonexistence of any
				relationship between the lobbyist or principal and the third person,
				independent of the relationship between the lobbyist or principal and the
				agency official or employee, that would motivate an expenditure to the third
				person;
(c) The existence or
				nonexistence of any relationship between the third person and the agency
				official or employee that would motivate the expenditure;
(d) Whether the same or similar expenditures
				have been or are being provided to other persons having the same relationship
				to the lobbyist or principal as the third person;
(e) Whether, under the circumstances, the
				third person had full and independent decision-making authority to determine
				whether the agency official or employee, or another, would receive the benefit
				of the expenditure;
(f) Whether the
				third person was acting with the knowledge or consent of, or under the
				direction of, the lobbyist or principal;
(g) Whether there were or were intended any
				payments or bookkeeping transactions between the third person and the lobbyist
				or principal reimbursing the third person for the expenditure; and
(h) The degree of ownership or control the
				lobbyist or principal has over the third person.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.200 - Registration Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) A person
				who is a "lobbyist" as defined in Section
				 112.3215(1)(h),
				F.S., and this rule chapter may not lobby an agency until he or she has
				registered as a lobbyist with the Commission. Registration may be made by
				electronic means at
www.floridalobbyist.gov
or on CE
				Form 20, Executive Branch Lobbyist Registration. Registration shall require the
				registrant to disclose, under oath, the following:
(a) Name, business address, and telephone
				number;
(b) Name, business address,
				and telephone number of each principal represented by the registrant;
(c) Name, business address, and telephone
				number of the lobbying firm on behalf of which the registrant is representing
				the principal, if any;
(d) His or
				her area of interest;
(e) The
				agencies before which he or she will appear; and
(f) The existence of any direct or indirect
				business association, partnership, or financial relationship with any employee
				of an agency which he or she lobbies, or intends to lobby.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.210 - Effective Date of Registration

Current through Reg. 50, No. 138; July 16, 2024
A lobbyist's registration to lobby a particular agency on
				  behalf of a particular client shall be effective upon completion of the
				  registration process provided by the Lobbyist Registration and Compensation
				  Reporting system available at
www.floridalobbyist.gov
or receipt by the
				  Commission or other office established to administer lobbyist registration of
				  the completed registration form identified in Rule
				   34-12.200, F.A.C., submission of
				  a statement signed by the principal or principal's representative providing
				  that the registrant is authorized to represent the principal, and payment of
				  the annual lobbyist registration fee.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended 10-6-91, 7-5-92, 12-6-92,
					 1-8-15.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.300 - Registration Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 112.3215,
					 112.322(10) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended 10-6-91, 1-1-97, Repealed
					 6-15-06.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.310 - Registration Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended 10-6-91, 1-1-97, 11-24-97, 1-1-02,
					 Repealed 6-15-06.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.320 - Filing Registration Forms and Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 112.3215,
					 112.322(10) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended 7-5-92, 1-4-94, 1-1-97, Repealed
					 6-15-06.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.330 - Annual Renewals

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				lobbyist must renew his or her registration to lobby an agency on behalf of a
				principal on a calendar year basis by electronic means at
www.floridalobbyist.gov
or
				by filing a CE Form 20-R, Lobbyist Renewal Form, and payment of the annual
				registration fee of $25.00 for each principal represented.
(2) CE Form 20-R, Executive Branch Lobbyist
				Renewal, effective 1/2017,
http://www.flrules.org/Gateway/reference.asp?No=Ref-07718
or by electronic means via the Lobbyist Registration and Compensation Reporting
				system available at
www.floridalobbyist.gov
. To be utilized
				by lobbyists to renew their annual registration as an Executive Branch
				lobbyist. The Form 20-R is generated by the Lobbyist Registration Office and
				may be obtained without cost from the Lobbyist Registration Office, 111 West
				Madison Street, Room G-68, Tallahassee, Florida 32399, Telephone
				(850)922-4990.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended 10-6-91, 7-5-92, 12-6-92, 1-1-97,
					 11-24-97, 1-1-02, 6-15-06, 8-18-10, 1-1-13, 1-8-15, 11-24-15,
					 1-9-17.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.340 - Cancellation of Registration

Current through Reg. 50, No. 138; July 16, 2024
The principal of a lobbyist may cancel the lobbyist's
				  registration by providing written notice to the Commission that the lobbyist is
				  no longer authorized to represent that principal. A lobbyist must cancel his or
				  her registration with the Commission upon termination of his or her contract or
				  other such employment relationship with his or her principal. Such cancellation
				  must be provided promptly by written notice to the Commission and until
				  received, the lobbying firm will continue to be responsible for filing all
				  required compensation reports. In the event of a cancellation before the end of
				  the year for which the lobbyist has paid the annual registration fee, no
				  portion of the fee will be refunded to the lobbyist.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended 12-6-92, 8-7-94, 1-1-97,
					 6-15-06.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.400 - Compensation Reporting Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				lobbying firm shall file a CE Form 24, Executive Branch Quarterly Compensation
				Report, with the Commission on Ethics for each calendar quarter during any
				portion of which one or more of the firm's lobbyists were registered to
				represent a principal. Pursuant to Section
				 112.32155, F.S., compensation
				reports must be filed electronically. The Quarterly Compensation Report shall
				include:
(a) Full name, business address, and
				telephone number of the lobbying firm;
(b) Name of each of the firm's lobbyists;
				and
(c) Total compensation provided
				or owed to the lobbying firm from all principals for the reporting period,
				reported in one of the following categories:
1. - 0 -
2. $1 to $49, 999
3. $50, 000 to $99, 999
4. $100, 000 to $249, 999
5. $250, 000 to $499, 999
6. $500, 000 to $999, 999
7. $1 million or
				more
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.405 - Penalties for Late Filing

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				determining that a Quarterly Compensation Report is late, the person designated
				to review the timeliness of reports shall immediately notify the lobbying firm
				of its failure to timely file the report and that a fine is being assessed for
				each late day. The fine shall be $50 per day per report for each late day up to
				a maximum of $5, 000 per late report.
(2) Upon receipt of the late-filed report,
				the person designated to review the timeliness of reports shall determine the
				amount of the fine due based upon the earliest of the following:
(a) When a report is actually received by the
				lobbyist registration and reporting office; or
(b) When the electronic receipt issued
				pursuant to Section  112.32155, F.S., is
				dated.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.407 - Appeal of Statutory Fines: Hearings, Unusual Circumstances

Current through Reg. 50, No. 138; July 16, 2024
(1) A lobbying firm wishing to appeal or
				dispute a fine imposed in accordance with Section
				112.3215 (5)(d)5., F.S., shall
				file with the Commission on Ethics a notice of appeal within 30 days of the
				date of the notice of payment due is transmitted by the lobbyist registration
				office, setting out with specificity the unusual circumstances surrounding the
				failure to file on the designated due date. The notice of appeal may be
				accompanied by any documentation or evidence supporting the claim.
(2) Failure to timely file a notice of appeal
				as described herein shall constitute a waiver of any such entitlement. A final
				order of waiver shall be promptly entered by the chairman of the Commission on
				Ethics without the necessity of any further action being taken by the
				Commission.
(3) A lobbying firm
				desiring a hearing before the Commission shall include in the notice of appeal
				a separate request for hearing. If no request for hearing is included in the
				notice of appeal, the Commission's determination shall be based on the notice
				and any supporting information and shall be final agency action. If a separate
				request for hearing is included in the notice, notice of hearing shall be
				provided and the Commission's determination after hearing shall be final agency
				action. Failure to appear in accordance with the notice of hearing shall
				constitute a waiver of such entitlement, and the Commission shall dispose of
				the case on the written record before it.
(4) "Unusual circumstances" means uncommon,
				rare or sudden events over which the actor has no control and which directly
				result in the failure to act in accordance with the filing requirements.
				Circumstances which allow for time in which to take those steps necessary to
				assure compliance with the filing requirements shall be deemed not to
				constitute unusual circumstances.
Rulemaking Authority 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 1-1-97, Amended 12-21-00,
					 6-15-06.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.410 - Expenditure Report Form (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 112.3215,
					 120.53 FS. Law Implemented
					 112.3215
					 FS.
New 10-12-89, Repealed
					 1-4-94.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.420 - Notification of Compensation Reporting Deadlines

Current through Reg. 50, No. 138; July 16, 2024
Following each quarterly reporting period, the Commission
				  will send to each lobbying firm that has one or more currently registered
				  lobbyists a notice stating that a compensation report must be filed on or
				  before the specified date.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended 7-5-92, 12-6-92, 1-4-94, 8-7-94,
					 1-1-97, 12-21-00, 6-15-06, 1-8-15.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.430 - Lobbyist's Expenditure Reports (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 112.3215,
					 112.322(10) FS.
					 Law Implemented 112.3215
					 FS.
New 1-4-94, Amended 1-1-97, 11-24-97, 12-21-00, Repealed
					 6-15-06.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.440 - Consolidated Expenditure Report (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 112.3215 FS. Law Implemented
					 112.3215
					 FS.
New 1-4-94, Repealed
					 1-1-97.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.450 - Expenditure Categories (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 112.3215,
					 112.322(10) FS.
					 Law Implemented 112.3215
					 FS.
New 1-4-94, Amended 12-21-00, Repealed
					 6-15-06.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.460 - Calculating Amounts of Expenditures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 112.3215,
					 112.322(10) FS.
					 Law Implemented 112.3215
					 FS.
New 1-4-94, Repealed
					 6-15-06.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.500 - Agency Responsibilities

Current through Reg. 50, No. 138; July 16, 2024
Each agency should take reasonable steps to inform its
				  employees who are likely to be approached by a lobbyist of the registration
				  requirements of Section
				   112.3215, F.S., and to advise
				  those employees to inform persons who may be required to register as lobbyists
				  that:
(1) They may be subject to the
				requirement of registering as a lobbyist with the Commission or other office
				established to administer lobbyist registration; and
(2) They should contact the Commission or
				other office established to administer lobbyist registration for registration
				forms, if not available at the agency, and for further information about the
				requirements of the registration law.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended
					 12-6-92.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.600 - Advisory Opinion Requests

Current through Reg. 50, No. 138; July 16, 2024
Any person, when in doubt about the applicability and
				  interpretation of Section
				   112.3215, F.S., to himself in a
				  particular context, may submit in writing the facts of the situation to the
				  Commission with a request for an advisory opinion to establish the standard of
				  duty. An advisory opinion shall be rendered by the Commission which, until
				  amended or revoked, shall be binding on the conduct of the person who sought
				  the opinion, unless material facts were omitted or misstated in the
				  request.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.610 - Form of Requests for Opinions

Current through Reg. 50, No. 138; July 16, 2024
Requests for opinions shall be in writing and signed by the
				  person making the request or by his representative. Requests for opinions shall
				  state all material facts necessary for the Commission to understand the
				  circumstances and render a complete and correct opinion. The person requesting
				  the opinion may, at any time, furnish the Commission with legal memoranda,
				  additional facts, or any other information relevant to the opinion
				  requested.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.620 - Receipt of Requests for Opinions; Commission Staff Action

Current through Reg. 50, No. 138; July 16, 2024
(1) If the Executive Director determines that
				the person making the request for an opinion does not have standing to receive
				an advisory opinion, the Executive Director shall notify the person making the
				request that an advisory opinion cannot be rendered. If the person seeking the
				opinion has standing to receive an advisory opinion, the Executive Director
				shall acknowledge receipt of the request.
(2) If additional information would be of
				assistance in preparing the opinion, the person requesting the opinion shall be
				notified and asked to furnish such additional information.
(3) A working draft of an opinion shall be
				prepared by staff of the Commission, under the supervision of the Executive
				Director. The Executive Director shall approve the final working draft, or may
				have alternative working drafts prepared, as appropriate.
(4) When a working draft of the advisory
				opinion is completed and approved by the Executive Director, it shall be sent
				to all Commission members at least ten days prior to the meeting of the
				Commission at which it will be considered. The person requesting the opinion
				shall be provided a copy of the working draft or drafts and shall be notified
				of the time and place of the Commission meeting at which the opinion will be
				agendaed for consideration. The person requesting the opinion shall be advised
				that the working draft or drafts are not final and that any additional
				comments, legal memoranda, or further information relevant to the opinion
				should be submitted as promptly as possible, but no later than the day before
				the meeting when the advisory opinion will be considered. The person requesting
				the opinion may attend the meeting and be heard by the Commission with respect
				to the opinion.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended
					 6-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.630 - Consideration and Issuance of Opinions by Commission; Reconsideration of Opinions

Current through Reg. 50, No. 138; July 16, 2024
(1) The draft
				or drafts of the advisory opinion shall be considered as an agenda item by the
				Commission and adopted in full, amended, modified, or rejected. The Commission
				may take any other action necessary for the rendition of a full and accurate
				opinion, including, but not limited to, directions that further information be
				provided or that further research be undertaken.
(2) The advisory opinion shall be finally
				approved by the Commission by majority vote. The opinion shall be numbered,
				dated, and signed by the Chair. The advisory opinion shall be mailed to the
				person who requested the opinion.
(3) A person requesting an advisory opinion
				may request reconsideration of the opinion by filing with the Commission a
				request for reconsideration within 15 days of the date the opinion was
				rendered. The request for reconsideration shall set forth material facts and
				circumstances which were not before the Commission in its deliberations on the
				request or which were misstated in the opinion. If the Commission finds that
				these facts and circumstances would alter the opinion, the Commission may order
				its staff to redraft the final opinion or to prepare a new working draft of the
				opinion for later consideration. If the Commission finds that these facts and
				circumstances would not alter the opinion, it shall deny the request for
				reconsideration and so notify the person requesting the opinion by
				letter.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended
					 6-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.640 - Effect of an Advisory Opinion

Current through Reg. 50, No. 138; July 16, 2024
Until amended or revoked, an advisory opinion shall be
				  binding on the conduct of the person who sought the opinion, or with reference
				  to whom the opinion was sought, unless material facts were omitted or misstated
				  in the request for the opinion.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.650 - Publication of Advisory Opinions

Current through Reg. 50, No. 138; July 16, 2024
Advisory opinions relating to lobbying executive branch
				  agencies shall be published together with other advisory opinions rendered by
				  the Commission, as provided in Rule
				   34-6.010, F.A.C. The first two
				  digits of the advisory opinion number shall be the last two digits of the year
				  in which the opinion was rendered. Following the year shall be a dash and the
				  number of the opinion. For example, the tenth opinion issued in 1989 will be
				  89-10, or CEO 89-10.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.660 - Records Retention and Inspection

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				lobbyist, each lobbying firm, and each principal shall preserve for a period of
				4 years all accounts, bills, receipts, computer records, books, papers, and
				other documents and records necessary to substantiate lobbying
				compensation.
(2) Any documents and
				records retained pursuant to Section
				 112.3215, F.S., may be
				subpoenaed for audit by the Legislative Auditing Committee pursuant to Section
				 11.40, F.S., and such subpoena
				may be enforced in circuit court.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 1-4-94, Amended
					 6-15-06.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.700 - Complaint Proceedings, Generally

Current through Reg. 50, No. 138; July 16, 2024
Commission proceedings on sworn complaints alleging that a
				  lobbyist has failed to register, has failed to submit a compensation report, or
				  that a lobbyist or principal has knowingly submitted false information in any
				  report or registration required to be filed by Section
				   112.3215, F.S., shall be
				  governed by the procedures set forth in Rules
				   34-12.700 through
				   34-12.760,
				  F.A.C.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended 1-4-94,
					 11-24-15.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.705 - Parties

Current through Reg. 50, No. 138; July 16, 2024
The Commission's proceedings under these rules relating to
				  investigation of complaints are preliminary to agency action and therefore do
				  not determine the substantial interests of any party. However, the following
				  persons shall be considered to be "parties" to the limited extent that under
				  these rules they are entitled to notice and the opportunity to attend,
				  participate in, or observe Commission complaint proceedings:
(1) The Respondent, who shall be the person
				who is the subject of the complaint;
(2) The Complainant(s), who shall be the
				person(s) who signed the sworn complaint; and
(3) The Advocate, who shall be an Assistant
				Attorney General or another attorney designated by the Commission. No
				intervenors shall be permitted.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.710 - Counsel

Current through Reg. 50, No. 138; July 16, 2024
(1) The Respondent and the Complainant may be
				represented by an attorney or by a qualified representative. After a written
				notice of appearance of the party's representative has been received by the
				Commission, all notices and communications to a party shall be made to the
				party's representative, and the party's representative shall be entitled to
				exercise the rights granted to the party under these rules.
(2) Appearances by counsel or other qualified
				representatives shall be governed by Rules
				 28-106.105 and
				 28-106.106, F.A.C. The
				qualifications of a representative shall be determined in accordance with Rule
				 28-106.106, F.A.C. Qualified
				representatives shall observe the standards of conduct specified in Rule
				 28-106.107,
				F.A.C.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215,
					 120.62(2)
					 FS.
New 10-12-89, Amended
					 6-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.715 - Staff Procedures Upon Receipt of a Complaint

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Safeguarding Confidential Materials. Upon receipt of a sworn complaint, staff
				shall stamp on the face thereof the date on which the complaint was received in
				the Commission office. Each complaint received shall be assigned a control
				number which shall be entered on the complaint itself and on a colored folder
				in which the complaint shall be filed so long as it remains confidential. Any
				document related to the complaint shall be entered into the complaint
				file.
(2) Technical and Clerical
				Review. Upon receipt of a complaint, staff of the Commission shall review the
				complaint to insure that the proper complaint form has been used, that all the
				information required has been provided, that only one Respondent has been named
				in each complaint form submitted, and that the complaint has been properly
				signed by the Complainant under oath. One or more persons may sign a complaint
				under oath; however, when the complaint is to be filed under oath in a
				representative capacity, the complaint shall include sufficient information to
				indicate the Complainant's authority to file the complaint in behalf of the
				corporation, association, group, organization, or other entity. If the
				complaint lacks any of the foregoing or is otherwise incomplete, the complaint
				shall be returned to the Complainant with instructions on remedying the defect.
				Commission staff shall provide assistance or information to persons seeking to
				file a complaint, but shall not encourage, solicit, or discourage the filing of
				a complaint.
(3) Transmittal of
				Complaint to Respondent. A copy of the sworn complaint shall be transmitted to
				the Respondent by certified mail, return receipt requested, prior to any
				Commission or staff action on the complaint. Subsequent sworn amendments to the
				complaint also shall be transmitted to the Respondent in the same manner. If
				the certified mailing is returned undelivered, personal service of the copy of
				the complaint may be used in the manner provided by law for service of
				subpoenas, while maintaining the confidentiality of the complaint to the extent
				possible under the circumstances.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.720 - Review for Sufficiency of Allegations and Order of Preliminary Investigation

Current through Reg. 50, No. 138; July 16, 2024
(1) After the
				complaint has been reviewed and found to be in proper form, the complaint shall
				be reviewed by the Executive Director in order to determine whether the
				Commission has jurisdiction over the complaint. Complaints need not be as
				precise as would be required by the rules of civil procedure in a court of law
				and shall be deemed sufficient if the Complainant, under oath upon knowledge of
				belief, alleges matters which, if true, may constitute a violation of Section
				 112.3215, F.S. A complaint shall
				not be insufficient because it is based upon hearsay evidence. In order to make
				this determination, the Executive Director may request additional information
				from the Complainant and may obtain information from public records.
(2) If the Executive Director finds that the
				complaint is sufficient to invoke the jurisdiction of the Commission, the
				Executive Director shall order an investigation of the complaint and the
				parties shall be notified accordingly.
(3) If the Executive Director finds that the
				complaint is not sufficient to invoke the jurisdiction of the Commission, the
				parties shall be notified and the complaint shall be brought before the
				Commission in executive session with the recommendations of the Executive
				Director. The Commission may find the complaint to be sufficient and order an
				investigation; may find the complaint to be insufficient and dismiss it without
				investigation; or may take such other action as may be appropriate. The parties
				shall be notified of the Commission's action.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.725 - Withdrawal of Complaints

Current through Reg. 50, No. 138; July 16, 2024
After a complaint has been filed with the Commission, the
				  Commission may permit the Complainant to withdraw the complaint only for good
				  cause shown. A request for withdrawal shall be in writing, signed by the
				  Complainant and witnessed by a notary public, and shall state the facts and
				  circumstances constituting good cause. The Executive Director shall prepare a
				  written recommendation regarding disposition of the request, which shall be
				  provided to the Commission together with the request. "Good cause" shall be
				  determined based upon the legal sufficiency or insufficiency of the complaint
				  to allege a violation of the law, the stage of disposition of the complaint
				  before the request was received, the reasons given by the Complainant for
				  wishing to withdraw the complaint, and the public welfare. If withdrawal is
				  permitted, the Commission shall order the complaint dismissed and shall proceed
				  in accordance with Rule
				   34-12.720, F.A.C., as if the
				  complaint had been dismissed under that rule.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.728 - Delegation of Authority

Current through Reg. 50, No. 138; July 16, 2024
The Commission hereby delegates to its investigators the
				  authority to administer oaths and affirmations, delegates the authority to
				  issue subpoenas to its chair and, in the absence or unavailability of the
				  chair, to its vice chair, and authorizes its employees to serve any subpoena
				  issued under the Commission's authority.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 6-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.730 - Subpoenas During Preliminary Investigation

Current through Reg. 50, No. 138; July 16, 2024
At any time after an investigation of a complaint has been
				  ordered, upon recommendation of the Executive Director or upon motion of the
				  Commission, the Commission Chair or other member authorized by the Commission
				  may authorize the issuance of subpoenas or subpoenas duces tecum. Each subpoena
				  shall be signed by the Chair or another member authorized by the Commission and
				  shall state the person, documents, or other things to be subpoenaed. Each
				  subpoena further shall name the person before whom the witness is to give
				  testimony and the proceeding for which the subpoena is issued. If documents or
				  other things are to be produced, the subpoena shall describe them with as much
				  specificity as reasonably practicable. The subpoena shall state on its face the
				  authority under which it is issued. Such subpoenas shall be issued for
				  investigative purposes only, and neither the Complainant, the Respondent, or
				  their representatives shall be entitled to attend the investigative proceeding
				  at which the witness is to give a statement unless the Complainant or
				  Respondent is the person subpoenaed.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended
					 6-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.735 - Investigations

Current through Reg. 50, No. 138; July 16, 2024
(1) Investigators. Investigation shall be
				conducted by Commission staff, by personnel of the Department of Legal Affairs,
				or by any other person or agency so designated by the Commission. An
				investigator shall be impartial and unbiased in the conduct of the
				investigation. If an investigator feels that for any reason he or she cannot be
				impartial or unbiased, then the investigator shall so notify the Executive
				Director and shall immediately discontinue working on the investigation. If the
				Executive Director or the Commission concludes that the investigator cannot be
				unbiased or impartial, the investigator shall be relieved of any further
				responsibilities for that investigation.
(2) Scope of Investigation. Investigations
				shall be limited to evidence relating to the potential violations alleged in
				the complaint as determined in the order to investigate entered by the
				Executive Director or the Commission.
(3) Investigator's Contacts with Potential
				Witnesses. Except when obtaining copies of public records, the investigator
				shall inform the person being interviewed of the confidential nature of the
				complaint and of the investigation, unless the Respondent has waived
				confidentiality.
(4) Investigative
				File. The investigator shall prepare an investigative file containing: copies
				of all documents obtained during the course of the investigation; tape
				recordings of interviews with witnesses which have been recorded; summaries or
				notes of interviews which have not been recorded; and any other materials of
				probative value to the issues investigated.
(5) Report of Investigation. Upon the
				completion of the investigation, the investigator shall prepare a report to the
				Commission. The report shall contain a narrative account of all pertinent
				information obtained through interviews of witnesses, documentary evidence, or
				other sources, and shall include a discussion of any conflicts in the evidence.
				The report shall make no recommendation as to whether a violation is indicated
				by the evidence.
(6) Notification
				of Completion of Investigation. The Executive Director shall send to the
				Respondent and the Complainant a copy of the report of investigation by
				certified mail, return receipt requested.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.740 - Motions to Dismiss for Lack of Jurisdiction

Current through Reg. 50, No. 138; July 16, 2024
The Respondent may file a written motion to dismiss the
				  complaint for lack of jurisdiction stating with particularity the grounds
				  therefor. A copy shall be served on the Advocate, who may file a written
				  response within ten days of service of the motion. The Commission shall hear
				  the arguments of the Respondent and Advocate on such a motion immediately prior
				  to the probable cause hearing. If the Commission finds that it has jurisdiction
				  over any matters alleged in the complaint, it shall deny the Respondent's
				  motion with respect to those allegations and shall proceed to the probable
				  cause hearing of those matters over which it finds it has jurisdiction. If the
				  Commission finds that it has no jurisdiction over any matter alleged in the
				  complaint, it shall order the complaint dismissed and shall proceed in
				  accordance with Rule  34-12.720, F.A.C., as if the
				  complaint had been found insufficient and dismissed without
				  investigation.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.745 - Advocate's Recommendation

Current through Reg. 50, No. 138; July 16, 2024
The Advocate shall review the report of investigation and
				  make a written recommendation to the Commission as to whether there is probable
				  cause to believe that the Respondent violated Section
				   112.3215, F.S. A copy of the
				  recommendation shall be sent by certified mail, return receipt requested, to
				  the Respondent and the Complainant no later than 14 days prior to the probable
				  cause hearing.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89.