Fla. Admin. Code Ann. R. 34-13.240 - Lobbyist Defined
(1) A "lobbyist" means any natural person who
is paid a salary, fee, or is otherwise compensated for seeking, at the time a
gift, honorarium, or the payment or provision of expenses related to an
honorarium event is solicited or offered, to influence the governmental
decisionmaking of, or to encourage of passage, defeat, or modification of any
proposal or recommendation by, a reporting individual or procurement employee
in an official capacity or the individual's or employee's agency.
(2) A "lobbyist" also means any natural
person who was paid a salary, fee, or was otherwise compensated for seeking and
sought, within the 12 months preceding the time a gift, honorarium, or the
payment or provision of expenses related to an honorarium event is solicited or
offered, to influence the governmental decisionmaking of, or to encourage the
passage, defeat, or modification of any proposal or recommendation by, a
reporting individual or procurement employee in an official capacity or the
individual's or employee's agency.
(3) "Governmental decisionmaking" and "the
passage, defeat, or modification of any proposal or recommendation" include,
but are not limited to, decisions, proposals, and recommendations in the areas
of procurement, policymaking, investigation, or adjudication.
(4) One is "seeking to influence" or "seeking
to encourage" when one has the intent to affect a decision, proposal, or
recommendation and takes any action that directly or indirectly furthers or
communicates one's intention. A purely informational request made to an agency
representative and not intended in any way to directly or indirectly affect a
decision, proposal, or recommendation of an officer or employee of an agency
does not constitute seeking to influence governmental decisionmaking or seeking
to encourage the passage, defeat, or modification of a proposal or
recommendation.
(5) With respect to
an agency that has established by rule, ordinance, or law a registration
process for persons seeking to influence decisionmaking or to encourage the
passage, defeat, or modification of any proposal or recommendation by such
agency or an employee or official of the agency, the term "lobbyist" includes
only a person who is required to be registered as a lobbyist in accordance with
such rule, ordinance, or law or who was during the preceding 12 months required
to be registered as a lobbyist in accordance with such rule, ordinance, or law.
At a minimum, such a registration system must require the registration of, or
must designate, persons as "lobbyists" who engage in the same activities as
require registration to lobby the Legislature under Section
11.045,
F.S.
Notes
Rulemaking Authority 112.322(9)(b) FS. Law Implemented 112.312, 112.313, 112.3148, 112.3149 FS.
New 4-16-92, Amended 2-27-95.
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