2.33 - Lobbying

Section 2.33: LOBBYING

2.33.1 Definitions

  • Lobbying:

    • Defined as the act of communicating either directly or indirectly with the Sheriff or any employee of the Broward Sheriff’s Office (BSO) to influence the outcome of a purchasing contract or bid award.

    • Modes of communication include:

      • In-person meetings

      • Telephone calls

      • Written correspondence (letters, etc.)

      • Electronic communications

      • Other methods as applicable

  • Lobbyist:

    • Any individual who is employed, retained, or otherwise compensated by a principal or client to engage in lobbying activities.

  • Senior Level Employee:

    • This category includes various personnel:

      • Sworn law enforcement or detention personnel of captain rank and higher

      • Sworn Fire Rescue personnel of battalion chief rank and higher

      • Civilian personnel in manager positions and above

  • Vendor’s Representative:

    • Includes any:

      • Employee, partner, officer, or director of a potential vendor

      • Consultant, lobbyist, or any current or potential subcontractor/subconsultant associated with the vendor

  • Cone of Silence:

    • This term refers to a prohibition on communications regarding a specific Request for Proposal (RFP), Request for Letters of Interest (RLI), bid, or any other competitive solicitation. The restriction applies to communication between:

      • The Sheriff

      • Any member of the BSO’s Selection, Evaluation, or Technical Committee related to the solicitation

      • Any agency employee with purchasing responsibilities, regardless of rank or position

      • Any senior level employee of the agency

2.33.2 Lobbyist Registration

  • Before engaging in lobbying activities, all lobbyists must register with the Office of the General Counsel using the Lobbyist Registration Statement (BSO#A165).

  • Each principal or client represented requires a separate registration.

  • Registration forms are subject to public records laws and available for inspection in accordance with Chapter 119, Florida Statutes.

2.33.3 Cone of Silence

  • Implementation of Cone of Silence:

    • The Cone of Silence will be enforced for every RFP, RLI, bid, or other competitive solicitation. It commences once the solicitation is publicly posted and available for review.

  • Public Notification:

    • Upon the activation of the Cone of Silence, the Purchasing Bureau Director must provide public notice regarding this action for the specific solicitation.

  • Termination Conditions:

    • The Cone of Silence ends when the contract is executed or if all bids or proposals are rejected.

  • Exceptions to the Cone of Silence:

    • Permitted actions include:

      1. Presentations by potential vendors or their representatives at scheduled agency Purchasing Bureau meetings or before relevant Selection, Evaluation, or Technical Committees.

      2. Written communication with any Purchasing Bureau employee for the purpose of seeking clarification or additional information about the solicitation. Such communications must be copied to the Purchasing Bureau Director.

      3. Purchasing Bureau employees may initiate contact with potential vendors for further information about the solicitation.

      4. BSO employees are not restricted from communicating with one another about the subject solicitation.

      5. Direct communication with the General Counsel and their staff or the Purchasing Bureau Director and their staff for obtaining clarification or information regarding the solicitation is permitted.

  • Investigation of Violations:

    • The General Counsel will be notified of any alleged violations regarding the Lobbyist Registration or Cone of Silence provisions. An investigation will be conducted by the General Counsel or their designee.

    • Findings, along with any determined violations, will be documented in a report. This report will then be forwarded to:

      • The Sheriff

      • The Executive Director of Administration

      • The Purchasing Bureau Director

  • Consequences of Violations:

    • Any breach of the Cone of Silence by a vendor or their representative may result in the voidable status of the RFP, RLI, bid, or other solicitation award, determined at the sole discretion of the Sheriff or designee.