[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.
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Chapter 2014-183, Section 6, L.O.F., 112.3215, 112.3261 FS. History‒New 10-19-14.