CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
of 1933, 15 U.S.C. § 77q(a). . Under Ala.Code § 11-62-1 et seq., public corporations may be organized
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
...and legislative bodies, nor may the board request a private entity to hire an individual to represent the interests of the department. Full-time employees of the board, however, may represent the interests of the board subject to the restrictions in section 11.062 , Florida Statutes....
...Once received by the board, such funds would be considered public moneys. 6 In the absence of legislative authorization, it does not appear that a Health and Human Services Board may independently determine how funds it receives will be appropriated. 7 Section 11.062 , Florida Statutes, in pertinent part, provides: "(1) No funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes....
...s before administrative and legislative bodies, nor may it request a private entity to secure lobbying services beneficial to the department. Full-time employees of the board, however, may engage in lobbying activities subject to the restrictions in section 11.062 , Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 18685, 2007 WL 4145459
...rida Legislature. The Horn Re-' port recommended that the' Department of Financial Services legal staff initiate action against Dupree and Jennings to recover State of Florida funds that were inappropriately paid by them to lobbyists in violation of section 11.062, Florida Statutes....
...d unwritten rule, as defined by section
120.52(15), Florida Statutes, declaring that CCRC-M and CCRC-S are executive branch agencies. The petition claimed that the office was a “legislative agency,” rather than an executive agency, and therefore section
11.062 did not apply to CCRC-M. 2 On January 11, 2007, after a hearing, the order on review was issued by the ALJ. The ALJ found that the Horn Report “expressed” what the order characterized as “the challenged construction of Section *530
11.062.” According to the order, the Department “construes Section
11.062 to mean that CCRC-MR is an executive agency” prohibited from “using public funds to lobby the legislative or executive branches of government.” The “challenged construction” was determined to be a rule because “[t]he agency statement of general applicability interprets and implements Section
11.062.” On January 12, 2007, the Department filed its Notice of Appeal....
...The statements were never self-executing or capable of granting or taking away rights of any person by its own terms. See Fla. State Univ. v. Dann,
400 So.2d 1304, 1305 (Fla. 1st DCA 1981). The Horn report merely represents a recommendation by OFI staff that legal action be instituted to collect funds spent in violation of section
11.062....
...The ALJ also cited an “inter-agency communication” as evidence of the Department’s rule that the CCRC-M is an executive branch agency. The inter-agency communication was a legal memorandum prepared by Department legal counsel. The memo addressed whether CCRCs are executive branch agencies, to which section 11.062 would apply. The conclusion of the legal memorandum was that CCRC’s are executive branch agencies subject to the provisions of section 11.062....
...ate funds for lobbying purposes, a letter from the Department to Mr. Jennings explaining that his payroll account had been “flagged” due to the investigation, and testimony from members of the Department as to their longstanding understanding of section 11.062....
..., Department rule. *532 Conclusion Because the ALJ erred in finding that the Department had a “rule” placing the CCRCs in the executive branch, the order finding an invalid, unpromulgated rule is REVERSED. WOLF, KAHN, and POLSTON, JJ., concur. . Section 11.062 prohibits employees of executive, judicial, or quasi-judicial agencies from using state funds to lobby the legislature....
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
Mr. C. Graham Carothers Leon County School Board Attorney Post Office Box 391 Tallahassee, Florida 32302 Dear Mr. Carothers: You ask substantially the following question: Do the provisions of section 11.062 (2), Florida Statutes, restricting the use of state funds for lobbying, apply to a school district? In sum: The provisions of section 11.062 (2), Florida Statutes, restricting the use of state funds for lobbying, do not apply to a school district. You state that a question has arisen whether a public school district may use a part-time employee or contract with a nonemployee to represent the school district's interests before the legislative or executive branch. You note the provisions of section 11.062 (2), Florida Statutes, and state that is it unclear whether a school district is a part of the "executive department" or an employee is a "state employee" inasmuch as state funds are appropriated to school districts and are used for salaries. Therefore, you inquire about the applicability of section 11.062 (2) to district school boards. Section 11.062 (2)(a), Florida Statutes, provides: "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....
...lobbying." The above prohibition does not apply to such governmental entities retaining a lobbyist for the purpose of representing the entity before the executive or legislative branch of the Federal Government. 1 Those entities or persons violating section 11.062 (2)(a), Florida Statutes, however, may be prohibited from lobbying, or registering to lobby, the executive or judicial branch for a period not exceeding two years....
...Moreover, the Supreme Court of Florida in Advisory Opinion to Governor — School Board Member — Suspension Authority , 7 held that district school board members are "county officers" for purposes of governor's suspension authority under provision of State Constitution and for purposes of dual officeholding. Section 11.062 (2)(a), Florida Statutes, refers to a department in the executive branch, a state university, a community college, or a water management district. The Legislature has deemed it necessary to specifically include community colleges among those entities subject to the prohibitions and limitations of section 11.062 (2)(a), Florida Statutes. 8 It has not, however, included district school boards. In light of the above, I am therefore of the opinion that the provisions of section 11.062 (2), Florida Statutes, restricting the use of state funds for lobbying, do not apply to a school district. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 Section 11.062 (2)(c), Fla. Stat. 2 See , s. 11.062 (2)(b) and (d), Fla....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
...te of the electors." 4 They may enact ordinances "not inconsistent with general law." 5 Thus, Orange County, which is a charter county, may enact local legislation on subjects not specifically reserved to the state or that conflict with a state law. Section 11.062 (1), Florida Statutes, allows the use of state employee salaries for lobbying purposes....
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
agencies, among them section
11.062, Florida Statutes. The opinion notes that section
11.062, Florida Statutes
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
subject to the lobbying restrictions contained in section
11.062(2)(a), Florida Statutes.6 Members of the school
