Florida Statute 112.3217 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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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 Citing Statute 112.3217

Total Results: 2

Rotemi Realty, Inc. v. Act Realty Co., Inc.

Court: Fla. | Date Filed: 2005-07-07T00:00:00-07:00

Citation: 911 So. 2d 1181

Snippet: irrelevant here. Act Realty also relies on section 112.3217, Florida Statutes (2004), which prohibits lobbyists… on contingency *Page 1188 fees under section 112.3217 does not apply to real estate brokers acting in

Winthrop & Joseph, Inc. v. Marriott Resort Hospitality Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-02T00:00:00-07:00

Citation: 695 So. 2d 789

Snippet: ; J appeals this ruling. Section 112.3217 provides in full: 112.3217 Contingency fees; prohibitions; penalties…executive branch action. We reverse because section 112.3217 applies only to contracts for lobbying and, in…unenforceable. Having taken judicial notice of section 112.3217, the trial court granted the motion in favor of… that company. W & J contends that section 112.3217 was enacted solely to prohibit lobbyists from …In reviewing the legislative history of section 112.3217, the Final Bill Analysis and Economic Impact Statement