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Division Director

Christina Smith

Assistant Director

Rick Sweet


Accounting and Auditing
200 East Gaines Street
Tallahassee, FL 32399-0318

(850) 413-5510
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DATE: March 31, 2003
TO: Agency Addressed (No. 10, 2002-2003)
FROM: Douglas A. Darling, Director
Division of Accounting & Auditing
Department of Financial Services
SUBJECT: Use of State Funds for Lobbying the Florida Legislature

The purpose of this memo is to remind agencies of the legal restrictions regarding the use of state funds for the purpose of lobbying the Florida Legislature. Section 11.062(1), Florida Statutes, prohibits the use of appropriated state funds by the executive or judicial branch to pay a person that is not a State employee to lobby the Florida Legislature. Funds for salaries, travel expenses, and per diem may be used to defray the cost of lobbying the Legislature by full time employees of executive agencies or the judicial branch, but appropriated state funds may not be used to retain, by contract, an outside lobbyist.

Section 11.062(2)(a), Florida Statutes, specifically states, “[A] department of the executive branch, a state university, a community college, or a water management district may not use public funds to retain a lobbyist to represent it before the legislative or executive branch.” This subsection authorizes full-time employees of a department of the executive branch, a state university, a community college, or a water management district to register as lobbyists to represent their respective employers before the Legislature. Except for their salary as full time employees, these persons may not accept any public funds from a department of the executive branch, a state university, a community college, or a water management district as compensation for lobbying.

The statute does not, however, prohibit a department of the executive branch, a state university, a community college, or a water management district from retaining an outside lobbyist to represent the entity before the executive or legislative branch of the Federal Government. See Section 11.062 (2)(c), Florida Statutes.

If you have any questions regarding this memo please contact Sandra Chapman at 850-410-9301, SUNCOM 210-9301, email: sdchapman@dfs.state.fl.us or Sharon Schrader at 850-410-9323, SUNCOM 210-9323, email: sschrade@dfs.state.fl.us.


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