If you are a paid lobbyist, representing clients and attempting to influence the actions of the Orange County Board of County Commissioners, then you must comply with all requirements of the County's lobbying ordinance.
Even if you are not a paid lobbyist, you must comply with the log-in requirement of the ordinance, so this website is for you, too.
The Orange County Board of County Commissioners believes strongly that every action it takes at its meetings is public business, to be conducted in public view, with full disclosure and full public knowledge and awareness. Consequently, in 1994, the board enacted its lobbying ordinance to set forth the rules, requirements, and restrictions that apply to lobbyists and others who may try from time to time to influence board actions and decisions.
It is imperative that everyone who may try on occasion to influence board actions be knowledgeable of the rules and requirements that govern those who lobby in Orange County. The board believes that the public will have confidence in board decisions only if lobbyists and others who try to influence board actions understand and comply with the county's lobbying rules. To that end, this "Lobbyist Information" is offered, online.
The Orange County lobbying ordinance is found at Article X of Chapter 2 of the Orange County Code. You can obtain copies of the relevant code sections from the county attorney's office (407-836-7320, ask for Kim Cundiff) or from the public library. To read it on-line, go to Municode. (Online Codes > Florida > Orange County Codes. Click on "Frames" under "New Site." Then, in the left hand column click on "Chapter 2 Administration." Scroll down on the right to Article X for the "Lobbying Activities" sections. Click on any section you would like to read.)
Revision of the lobbying ordinance was approved by the Board of County Commissioners on October 15, 2002. That revision isavailable here (PDF - 150 KB).
Under the ordinance, one engages in "lobbying" anytime that one attempts to influence action by the board of county commissioners.Attempting to influence board action occurs when one communicates directly with the mayor or any county commissioner, whether orally, in writing, electronically, or otherwise, in an effort to get the board to approve or disapprove something such as an ordinance, resolution, contract, development permit, etc.
Lobbying includes this type of communication even when the discussion is initiated by the board member. Lobbying includes this type of communication regardless of whether it occurs in county offices or "off campus" at a meeting, a party, a golf course, a grocery store, or elsewhere.
One does not engage in "lobbying" for purposes of the ordinance by trying to influence the decision-making of a constitutional officer such as the sheriff or the tax collector. Generally, talking to county staff does not constitute lobbying. However, if one talks to staff in such a way as to attempt to communicate indirectly with a county commissioner or with the mayor (for example, asking a member of the mayor's staff to urge him to vote a certain way on a pending board matter), then one is engaging in lobbying.
Under the ordinance, not everyone who lobbies is a "lobbyist." Only those who get paid in some fashion to lobby are deemed by the ordinance to be lobbyists. For example, a consultant hired and paid by a homeowners association to lobby the board members is a lobbyist, but the president of the HOA – assuming he or she is not being paid or compensated in any fashion – is not a "lobbyist," even when he or she lobbies board members on behalf of the HOA.
What about employees? When a company's employee lobbies, he or she is deemed to be a "lobbyist" only if governmental relations and/or governmental liaison is either his or her primary job duty or a substantial part of his or her ongoing job responsibilities. Consequently, in-house employees can, indeed, be lobbyists for purposes of the ordinance.
What about citizens who lobby for themselves? Certainly, citizens can and do engage in lobbying when they visit members of the board, but unless they are being paid to do it, they are not "lobbyists."
As of September 1, 2008 a Specific Project Expenditure Report (SPR) tracking all lobbying expenditures for each project or item to come before the Board of County Commissioners (BCC or board) must be included in the agenda back up for each item or project. The Principal for the item or project should file one SPR per item or project. Each SPR must contain the original signature of the Principal and must be notarized and filed with the department processing your application for board approval of your item or project. This SPR will be included in the agenda back up for your item.
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