Section 34-12.175 - Examples of Activities Not Constituting Lobbying[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.Fla. Admin. Code Ann. R. 34-12.175
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Chapter 2014-183, Section 6, L.O.F., 112.3215, 112.3261 FS.
Adopted by Florida Register Volume 40, Number 195, October 7, 2014 effective 10/19/2014.