• Legislative Bills that May Return in 2015
• Lobbying Registration and Water Management Districts
• Are You Eligible for A Permit Extension?

• Q & A – Eminent Domain
• In The News
• Our Team

101 E. Kennedy Blvd.,
Suite 2000
Tampa, FL 33602
813-229-2775

Lobbying Registration and Water Management Districts

On June 13, 2014, the Florida Senate presented Senate Bill (SB) 846 to the Governor for his approval. As part of this bill, the Florida Legislature created Section 112.3261, Florida Statutes, which requires individuals that lobby water management districts (WMDs) to register with each district they lobby. Any entity that directly or indirectly appears before a WMD will need ensure that any person representing them in a lobbyist capacity is properly registered with that particular district as a lobbyist for that entity.
Affected Parties

Section 112.3261 affects three parties: lobbyists, principals, and WMDs. As defined in Section 112.3215, Florida Statutes, a lobbyist is any individual who is employed, or who contracts for economic consideration, for the purpose of seeking, on behalf of another person (the principal), to influence a WMD with respect to policy decisions or contract procurement, or merely to attempt to obtain the goodwill of an agency official or employee. This includes any employee of a principal who represents the principal in front of a WMD’s governing board, as well as any nonemployee individuals contracted to appear before a governing board on the principal’s behalf. For examples of lobbying activities, see Rule 34-12.160, Florida Administrative Code (F.A.C.). For examples of activities that do not constitute lobbying, see Rule 34-12.170, F.A.C.

Each WMD is tasked with adopting its own procedures to govern the registration of lobbyists and ensuring that all lobbyists that appear before it have complied with its registration requirements.

Registration Requirements

Section 112.3261(2) provides that “[a] person may not lobby a district until such person has registered as a lobbyist with that district. Such registration shall be due upon initially being retained to lobby and is renewable on a calendar-year basis thereafter.” The Florida Legislature intends Section 112.3261 to be interpreted and applied consistently with the rules governing the registration of executive branch lobbyists. While each WMD can develop and adopt its own registration form and procedures, Section 112.3261 provides that in lieu of creating its own registration forms, a WMD may accept a completed executive branch lobbyist registration form or legislative branch lobbyist registration form. Furthermore, until a WMD has developed its own registration forms and made such forms available to the public, the WMD will accept a completed executive branch or legislative branch lobbyist registration form. Section 112.3261 provides that the registration requires each lobbyist to disclose under oath, the following:

• The lobbyist’s name and business address;
• The name and business address of each principal represented; and
• The existence of any direct or indirect business association, partnership, or financial relationship with any officer or employee of a district with which he or she lobbies or intends to lobby.

In addition, the registration must include a statement signed by the principal or principal’s representative stating that the registrant is authorized to represent the principal. As part of this statement, the principal must also identify and designate its main business pursuant to a classification system approved by the district. The executive and legislative branch registration forms currently use the NAICS 6-digit code to identify the principal’s main business. Section 112.3261 also authorizes the WMDs to charge a registration fee of up to $40 but, as of this writing, no fees have been announced.

Any changes to the information required by Section 112.3261 must be disclosed to the appropriate WMD within 15 days by filing a new registration form with the WMD. Upon termination of a lobbyist’s representation of a principal, the lobbyist must promptly send a written statement to each WMD with which he or she is registered cancelling the registration as it pertains to that principal. In addition, a WMD may cancel the registration of a lobbyist as it pertains to a certain principal if the principal notifies the WMD that a lobbyist is no longer authorized to represent that principal.

Public Availability

Section 112.3261 requires WMDs to make lobbyist registrations available to the public. If the WMD has a website, it must provide a current database of registered lobbyists and principals on the website. Furthermore, accepted registration forms will be posted on each WMD’s website.

If you have any further questions regarding as to whether you are required to register with a WMD, please contact Vivian Arenas-Battles or Kristin Melton in our office at varenas@dgfirm.com or kmelton@dgfirm.com.