Florida Statutes
Fla. Stat. § 112.3217 (2025)
Contingency fees; prohibitions; penalties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 112.3217
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§112.3217BRIBE-GIVINGAGREE TO PAY CONTINGENCY FEE
§112.3217BRIBE-RECEVINGAGREE TO RECEIVE CONTINGENCY FEE
Notes of Decisions
Cited in 1
case, 1997–1997 · leading case: Winthrop & Joseph, Inc. v. Marriott Resort Hosp. Corp., 695 So. 2d 789 (Fla. 5th DCA 1997).
Winthrop & Joseph, Inc. v. Marriott Resort Hosp. Corp., 695 So. 2d 789 (Fla. 5th DCA 1997). “We reverse because section 112.3217 applies only to contracts for lobbying and, in the instant case, there was no lobbying contract between the parties.”
— 112.3217(3) — 1 case
Winthrop & Joseph, Inc. v. Marriott Resort Hosp. Corp., 695 So. 2d 789 (Fla. 5th DCA 1997). “We reverse because section 112.3217 applies only to contracts for lobbying and, in the instant case, there was no lobbying contract between the parties.”
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