Fla. Admin. Code Ann. R. 34-12.120 - Exclusions for Administrative Proceedings as to Lobbying Activities Involving Water Management Districts

"Lobbyist" does not include an attorney or other person who represents a client in a formal administrative proceeding conducted pursuant to Chapter 120, F.S., or in any other formal hearing before an agency.

(1) Formal administrative proceedings conducted pursuant to Chapter 120, F.S., and other formal hearings before an agency include:

(a) Formal and informal proceedings under Sections 120.569 and 120.57, F.S., after the filing of a petition or request for hearing which initiates the proceeding;

(b) Rule challenge proceedings under Section 120.56, F.S., after the filing of the petition or request with the Division of Administrative Hearings;

(c) Declaratory statement proceedings under Section 120.565, F.S., after the filing of the petition for a declaratory statement;

(d) Bid protest proceedings under Section 120.57(3), F.S., after the filing of a formal written protest; and

(e) All other hearings of an agency of a similar nature to a hearing governed by a provision of Chapter 120, F.S., after the filing of the petition, complaint, or request which initiates the proceeding.

(f) An attorney or other person representing a client who lobbies an agency regarding matters which in the future may result in an administrative proceeding described in paragraphs (a) through (e) above may be a "lobbyist" for purposes of this chapter if he is seeking to influence the agency with respect to a decision of the agency in the area of "policy, " as defined in subsection 34-12.020(9), F.A.C.

(2) Representation of a client in one of the types of administrative proceedings and formal hearings described in subsection (1) includes all oral and written communications with an agency or any of its representatives which relate to the proceeding or hearing.

(3) An appearance in behalf of a client at a publicly noticed hearing or workshop conducted by the agency regarding a proposed agency rule constitutes the representation of a client in a formal hearing before the agency. However, communications with agency personnel in behalf of a client which seek to influence the agency's decision regarding the proposed rule and which are outside of such a hearing or workshop are not exempted on this basis.

Notes

Fla. Admin. Code Ann. R. 34-12.120

Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Chapter 2014-183, Section 6, LOF, 112.3215, 112.3261 FS.

New 10-12-89, Amended by Florida Register Volume 40, Number 195, October 7, 2014 effective 10/19/2014.

New 10-12-89.