(1) “Contingency fee” means a fee, bonus, commission, or nonmonetary benefit as compensation which is dependent or in any way contingent on the enactment, defeat, modification, or other outcome of any specific executive branch action.
(2) No person may, in whole or in part, pay, give, or receive, or agree to pay, give, or receive, a contingency fee. However, this subsection does not apply to claims bills.
(3) Any person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. If such person is a lobbyist, the lobbyist shall forfeit any fee, bonus, commission, or profit received in violation of this section and is subject to the penalties set forth in s. 112.3215. When the fee, bonus, commission, or profit is nonmonetary, the fair market value of the benefit shall be used in determining the amount to be forfeited. All forfeited benefits shall be deposited into the Executive Branch Lobby Registration Trust Fund.
(4) Nothing in this section may be construed to prohibit any salesperson engaging in legitimate state business on behalf of a company from receiving compensation or commission as part of a bona fide contractual arrangement with that company.
History.—s. 7, ch. 93-121; s. 9, ch. 2000-336.
Structure Florida Statutes
Title X - Public Officers, Employees, and Records
Chapter 112 - Public Officers and Employees: General Provisions
Part III - Code of Ethics for Public Officers and Employees (Ss. 112.311-112.3261)
112.311 - Legislative intent and declaration of policy.
112.3125 - Dual public employment.
112.3135 - Restriction on employment of relatives.
112.3144 - Full and public disclosure of financial interests.
112.31445 - Electronic filing system; full and public disclosure of financial interests.
112.31446 - Electronic filing system for financial disclosure.
112.3145 - Disclosure of financial interests and clients represented before agencies.
112.31485 - Prohibition on gifts involving political committees.
112.3149 - Solicitation and disclosure of honoraria.
112.3151 - Extensions of time for filing disclosure.
112.3175 - Remedies; contracts voidable.
112.3185 - Additional standards for state agency employees.
112.31895 - Investigative procedures in response to prohibited personnel actions.
112.31901 - Investigatory records.
112.320 - Commission on Ethics; purpose.
112.321 - Membership, terms; travel expenses; staff.
112.3213 - Legislative intent and purpose.
112.32151 - Requirements for reinstitution of lobbyist registration after felony conviction.
112.32155 - Electronic filing of compensation reports and other information.
112.3217 - Contingency fees; prohibitions; penalties.
112.322 - Duties and powers of commission.
112.3232 - Compelled testimony.
112.3251 - Citizen support and direct-support organizations; standards of conduct.
112.326 - Additional requirements by political subdivisions and agencies not prohibited.
112.3261 - Lobbying before water management districts; registration and reporting.