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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
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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 finding s 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 Legislature 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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any action or a decision on a license, permit, waiver of 26
regulation, development order or permit, 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 other 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, re tainer, or 36
anything of value provided or owed to a recipient, directly or 37
indirectly, from any source for lobbying activity. 38
(3) "Elected special district officer in a special 39
district with ad valorem taxing authority" means an officer 40
elected by the qualified electors of a special district, or 41
appointed to fill an unexpired term of such officer, and does 42
not include an officer elected by landowners when an election by 43
qualified electors is a condition precedent to the exercise of 44
the ad valorem taxing au thority under s. 190.006(3). If such 45
condition precedent does not apply, the term "elected special 46
district officer in a special district with ad valorem taxing 47
authority" means an officer elected by any method prescribed by 48
law for a special district with ad valorem taxing authority. 49
(4) "Executive director" means the chief administrative 50
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employee or officer of a department headed by a board or by the 51
Governor and Cabinet. 52
(5) "Federal government" means the United States Congress, 53
any federal executive branch department, office, agency, or 54
instrumentality, corporate or otherwise, or any federal 55
independent agency, including any unit thereof. 56
(6) "Governmental entity" means a state government body or 57
agency, the Legislature, a political subdivision, or the federal 58
government. 59
(7) "Issue of appropriation" means a legislative decision 60
to expend or approve an expenditure of public funds, including 61
decisions that are delegated to an administrator. 62
(8) "Issue of policy" means a change in a law or ordinan ce 63
or a decision, plan, or course of action designed to influence 64
or determine the subsequent decisions or actions of a 65
governmental entity, to sell or otherwise divest public 66
property, or to regulate conduct. The term does not include a 67
decision or determination of any rights, duties, or obligations 68
made on a case-by-case basis. 69
(9) "Issue of procurement" means a proposal to purchase or 70
acquire property, an interest in property, or services by a 71
governmental entity. 72
(10) "Legislative action" means intr oduction, sponsorship, 73
testimony, debate, voting, or any other official action on a 74
measure, resolution, amendment, nomination, appointment, report, 75
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or other matter. 76
(11)(a) "Lobby" means to influence or attempt to influence 77
an action or decision through oral, written, or electronic 78
communication and, with respect to: 79
1. A state government body or agency, is limited to 80
influencing decisions, other than administrative action, that 81
are vested in or delegated to the state gover nment body or 82
agency, or an officer thereof; 83
2. The Legislature or other body that is vested with 84
legislative power or the power to propose revisions to the State 85
Constitution, is limited to influencing a procurement decision 86
or any legislative action or nonaction by either the Senate or 87
the House of Representatives, or any committee or office 88
thereof, or by such other body or a committee or office thereof; 89
3. A political subdivision, is limited to influencing 90
legislative actions or other discretionary decisions, but does 91
not include administrative actions; or 92
4. The federal government, is limited to influencing a 93
decision of the legislative or executive branch of the United 94
States government for which registration as a lobbyist is 95
required. 96
(b) The term "lobby" does not mean any of the following: 97
1. Providing or seeking to provide confidential 98
information to be used for law enforcement purposes. 99
2. Appearing as a witness to provide information at the 100
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written request of the chair of a legislative body or committee, 101
including a legislative delegation meeting. 102
3. Appearing or offering written testimony under oath as 103
an expert witness in any proceeding for any purpose related to 104
the proceeding and communications related to such testimony. 105
(12)(a) "Lobby for compensation" means being employed or 106
contracting for compensation, for the purpose of lobbying, and 107
includes being principally employed for governmental affairs to 108
lobby on behalf of a person or governmental entity. 109
(b) The term "lobby for co mpensation" does not include any 110
of the following: 111
1. A public officer carrying out the duties of his or her 112
public office. 113
2. A public or private employee, including an officer of a 114
private business, nonprofit entity, or governmental entity, 115
acting in the normal course of his or her duties, unless he or 116
she is principally employed for governmental affairs. 117
3. Advice or services to a governmental entity pursuant to 118
a contractual obligation with the governmental entity. 119
4. Representation of a person on a legal claim cognizable 120
in a court of law, in an administrative proceeding, or in front 121
of an adjudicatory body, including representation during 122
prelitigation offers, demands, and negotiations, but excluding 123
representation on a claim bill pending in th e Legislature. 124
5. Representation of a person in any proceeding on a 125
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complaint or other allegation that could lead to discipline or 126
other adverse action against the person. 127
6. Representation of a person with respect to a subpoena 128
or other legal process. 129
(13) "Other agency head" means the chief administrative 130
employee or officer of a department that is not headed by an 131
executive director or secretary. 132
(14) "Political subdivision" means a county, municipality, 133
school district, special district with ad valorem taxing 134
authority, or any agency or unit thereof. 135
(15) "Principally employed for governmental affairs" means 136
that the principal or most significant responsibilities of the 137
employee is to oversee the employer's various relationships with 138
governmental entities or representing the employer in its 139
contacts with governmental entities. 140
(16) "Secretary" means the head of a department who is 141
appointed by the Governor. 142
(17) "State government body or agency" means any 143
department, agency, commission, coun cil, board, or 144
instrumentality created by the State Constitution or established 145
by general law and any official or officer thereof. The term 146
includes, but is not limited to, a state attorney, a public 147
defender, a criminal conflict and civil regional counse l, and a 148
capital collateral regional counsel. 149
Section 2. Section 112.3122, Florida Statutes, is created 150
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to read: 151
112.3122 Enforcement and penalties for constitutional 152
prohibition against lobbying by a public officer. — 153
(1) Section 8(f), Art. II of t he State Constitution 154
applies to persons serving as public officers on or after 155
December 31, 2022. 156
(2) For purposes of administrative enforcement, a 157
violation of s. 8(f), Art. II of the State Constitution is 158
deemed a violation of this part. 159
(3) If the commission finds that there has been a 160
violation of s. 8(f)(3), Art. II of the State Constitution, the 161
commission must report its findings and recommendations for 162
appropriate action to the Governor who has the power to invoke 163
any of the penalties under sub section (4). 164
(4) A violation of s. 8(f), Art. II of the State 165
Constitution may be punished by one or more of the following: 166
(a) Public censure and reprimand. 167
(b) A civil penalty not to exceed $10,000. 168
(c) Forfeiture of any pecuniary benefits received for 169
conduct that violates this section. The amount of the pecuniary 170
benefits must be paid to the General Revenue Fund. 171
(5) The Attorney General and Chief Financial Officer are 172
independently authorized to collect any penalty imposed under 173
this section. 174
Section 3. This act shall take effect December 31, 2022. 175