The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

View Entire Chapter

F.S. 112.3217

112.3217 Contingency fees; prohibitions; penalties.—

(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.

F.S. 112.3217 on Google Scholar

F.S. 112.3217 on Casetext

Amendments to 112.3217

Arrestable Offenses / Crimes under Fla. Stat. 112.3217

Level: Degree
Misdemeanor/Felony: First/Second/Third

S112.3217 - BRIBE-GIVING - CONTINGENCY FEE - M: F

S112.3217 - BRIBE-RECEIVING - CONTINGENCY FEE - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

ROTEMI REALTY, INC. v. ACT REALTY COMPANY, INC., 911 So. 2d 1181 (Fla. 2005)

. . . only to the specific contracts it mentions and is irrelevant here., Act Realty also relies on section 112.3217 . . . We therefore conclude that the restriction on contingency fees under section 112.3217 does not apply . . .

WINTHROP JOSEPH, INC. v. MARRIOTT RESORT HOSPITALITY CORPORATION,, 695 So. 2d 789 (Fla. Dist. Ct. App. 1997)

. . . We reverse because section 112.3217 applies only to contracts for lobbying and, in the instant case, . . . Having taken judicial notice of section 112.3217, the trial court granted the motion in favor of Marriott . . . Section 112.3217 provides in full: 112.3217 Contingency fees; prohibitions; penalties.- (1) “Contingency . . . W & J contends that section 112.3217 was enacted solely to prohibit lobbyists from contracting for fees . . . In reviewing the legislative history of section 112.3217, the Final Bill Analysis and Economic Impact . . .