HB 7001 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to implementation of the 2
constitutional prohibition against lobbying by a 3
public officer; creating s. 112.3121, F.S.; providing 4
definitions for the purpose of implementing the 5
constitutional prohibition against lobbying by a 6
public officer; creating s. 112.3122, F.S.; providing 7
applicability; providing for administration; requiring 8
the Commission on Ethics to report certain findings 9
and recommendations to the Governor; providing 10
penalties for a violation of the constitutional 11
prohibition against lobbying by a public officer; 12
authorizing collection of such penalties by specified 13
entities; providing an effective date. 14
15
Be It Enacted by the Legisl ature of the State of Florida: 16
17
Section 1. Section 112.3121, Florida Statutes, is created 18
to read: 19
112.3121 Definitions. —As used in this section and for 20
purposes of implementing s. 8(f), Art. II of the State 21
Constitution, the term: 22
(1) "Administrative action" means any process or decision 23
regulated by chapter 120 or, for a state government body or 24
agency or a political subdivision not subject to chapter 120, 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
any action or a decision on a license, permit, waiver of 26
regulation, development order or pe rmit, or development 27
agreement; any quasi -judicial proceeding on local government 28
land use matters regulated by s. 286.0115(2); any decision 29
subject to judicial review by petition for writ of certiorari or 30
as otherwise prescribed by general law; or any oth er 31
administrative procedure or procedure governed by existing law, 32
ordinance, rule, or regulation, except on an issue of 33
procurement. 34
(2) "Compensation" means a payment, distribution, loan, 35
advance, reimbursement, deposit, salary, fee, retainer, or 36
anything of value provided or owed to a recipient, directly or 37
indirectly, from any source for lobbying activity. 38
(3) "Executive director" means the chief administrative 39
employee or officer of a department headed by a board or by the 40
Governor and Cabinet. 41
(4) "Federal government" means the United States Congress, 42
any federal executive branch department, office, agency, or 43
instrumentality, corporate or otherwise, or any federal 44
independent agency, including any unit thereof. 45
(5) "Governmental entity" means a state government body or 46
agency, the Legislature, a political subdivision, or the federal 47
government. 48
(6) "Issue of appropriation" means a legislative decision 49
to expend or approve an expenditure of public funds, including 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
decisions that are delegated to an administrator. 51
(7) "Issue of policy" means a change in a law or ordinance 52
or a decision, plan, or course of action designed to influence 53
or determine the subsequent decisions or actions of a 54
governmental entity, to sell or otherwise divest public 55
property, or to regulate conduct. The term does not include a 56
decision or determination of any rights, duties, or obligations 57
made on a case-by-case basis. 58
(8) "Issue of procurement" means a proposal to purchase or 59
acquire property, an interest in propert y, or services by a 60
governmental entity. 61
(9) "Legislative action" means introduction, sponsorship, 62
testimony, debate, voting, or any other official action on a 63
measure, resolution, amendment, nomination, appointment, report, 64
or other matter. 65
(10)(a) "Lobby" means to influence or attempt to influence 66
an action or decision through oral, written, or electronic 67
communication and, with respect to: 68
1. A state governmental body or agency, is limited to 69
influencing decisions, other than administrative action, that 70
are vested in or delegated to the state governmental body or 71
agency, or an officer thereof; 72
2. The Legislature or other body that is vested with 73
legislative power or the power to propose revisions to the State 74
Constitution, is limited to influencing a procurement decision 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or any legislative action or nonaction by either the Senate or 76
the House of Representatives, or any committee or office 77
thereof, or by such other body or a committee or office thereof; 78
3. A political subdivision, is limited to influencing 79
legislative actions or other discretionary decisions, but does 80
not include administrative actions; or 81
4. The federal government, is limited to influencing a 82
decision of the legislative or executive branch of the United 83
States government for which registration as a lobbyist is 84
required. 85
(b) The term "lobby" does not mean any of the followin g: 86
1. Providing or seeking to provide confidential 87
information to be used for law enforcement purposes. 88
2. Appearing as a witness to provide information at the 89
written request of the chair of a legislative body or committee, 90
including a legislative del egation meeting. 91
3. Appearing or offering written testimony under oath as 92
an expert witness in any proceeding for any purpose related to 93
the proceeding and communications related to such testimony. 94
(11)(a) "Lobby for compensation" means being employed or 95
contracting for compensation, for the purpose of lobbying, and 96
includes being principally employed for governmental affairs to 97
lobby on behalf of a person or governmental entity. 98
(b) The term "lobby for compensation" does not include any 99
of the following: 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. A public officer carrying out the duties of his or her 101
public office. 102
2. A public or private employee, including an officer of a 103
private business, nonprofit entity, or governmental entity, 104
acting in the normal course of his or her duties, unles s he or 105
she is principally employed for governmental affairs. 106
3. Advice or services to a governmental entity pursuant to 107
a contractual obligation with the governmental entity. 108
4. Representation of a person on a legal claim cognizable 109
in a court of law, in an administrative proceeding, or in front 110
of an adjudicatory body, including representation during 111
prelitigation offers, demands, and negotiations, but excluding 112
representation on a claim bill pending in the Legislature. 113
5. Representation of a person in any proceeding on a 114
complaint or other allegation that could lead to discipline or 115
other adverse action against the person. 116
6. Representation of a person with respect to a subpoena 117
or other legal process. 118
(12) "Other agency head" means the chief ad ministrative 119
employee or officer of a department that is not headed by an 120
executive director or secretary. 121
(13) "Political subdivision" means a county, municipality, 122
school district, special district with ad valorem taxing 123
authority, or any agency or uni t thereof. 124
(14) "Principally employed for governmental affairs" means 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
that the principal or most significant responsibilities of the 126
employee is to oversee the employer's various relationships with 127
governmental entities or representing the employer in it s 128
contacts with governmental entities. 129
(15) "Secretary" means the head of a department who is 130
appointed by the Governor. 131
(16) "State government body or agency" means any 132
department, agency, commission, council, board, or 133
instrumentality created by the State Constitution or established 134
by general law and any official or officer thereof. The term 135
includes, but is not limited to, a state attorney, a public 136
defender, a criminal conflict and civil regional counsel, and a 137
capital collateral regional counsel. 138
Section 2. Section 112.3122, Florida Statutes, is created 139
to read: 140
112.3122 Enforcement and penalties for constitutional 141
prohibition against lobbying by a public officer. — 142
(1) Section 8(f), Art. II of the State Constitution 143
applies to persons servi ng as public officers on or after 144
December 31, 2022. 145
(2) For purposes of administrative enforcement, a 146
violation of s. 8(f), Art. II of the State Constitution is 147
deemed a violation of this part. 148
(3) If the commission finds that there has been a 149
violation of s. 8(f)(3), Art. II of the State Constitution, the 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
commission must report its findings and recommendations for 151
appropriate action to the Governor who has the power to invoke 152
any of the penalties under subsection (4). 153
(4) A violation of s. 8(f), Art . II of the State 154
Constitution may be punished by one or more of the following: 155
(a) Public censure and reprimand. 156
(b) A civil penalty not to exceed $10,000. 157
(c) Forfeiture of any pecuniary benefits received for 158
conduct that violates this section. The amount of the pecuniary 159
benefits must be paid to the General Revenue Fund. 160
(5) The Attorney General and Chief Financial Officer are 161
independently authorized to collect any penalty imposed under 162
this section. 163
Section 3. This act shall take effect December 31, 2022. 164