Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.175 - Examples of Activities Not Constituting Lobbying

Current through Reg. 50, No. 138; July 16, 2024
[Notice: This rule replaces Rule
				   34-12.170, 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
				   34-12.175, 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.]
(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, a response to an agency's
				request for or invitation to submit comments on a draft or proposed rule, 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 in a
				rulemaking following 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., including but not limited to representation 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 10-19-14.