The purpose of amending Rule 34-6.003 is to indicate the Commission can render advisory opinions concerning the statutes identified in Section 16.715(1)(d), Florida Statutes, as well as the entirety of statutes identified ....

 

COMMISSION ON ETHICS

RULE NOS.:RULE TITLES:

34-6.003Subject Matter of Advisory Opinions

34-6.006Receipt of Requests for Advisory Opinions and Withdrawal of Requests

PURPOSE AND EFFECT: The purpose of amending Rule 34-6.003 is to indicate the Commission can render advisory opinions concerning the statutes identified in Section 16.715(1)(d), Florida Statutes, as well as the entirety of statutes identified in Section 350.043, Florida Statutes. The purpose of amending Rule 34-6.006 is to remove a reference to a repealed rule.

SUMMARY: Rule 34-6.003 will be amended to indicate that the Commission can render advisory opinions regarding Sections 16.71 and 16.715, pursuant to Section 16.715(1)(d), Florida Statutes. Rule 34-6.003 will also be amended to indicate that the Commission can render advisory opinions regarding Section 350.0605, pursuant to Section 350.043, Florida Statutes. Rule 34-6.006(7) is being amended to remove a reference to Rule 34-6.008, which has been previously repealed.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Considering that the changes pertain to internal processes of the Commission (i.e., the issuance of advisory opinions), the adverse impact or regulatory cost, if any, do not exceed and would not be expected to exceed any one of the economic criteria set forth in Section 120.541(2)(a), Florida Statutes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 112.322(9), F.S.

LAW IMPLEMENTED: 16.715(1)(d) and 350.043, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 6, 2024 at 8:30 a.m.

PLACE: First District Court of Appeal, Third Floor Courtroom, 2000 Drayton Drive, Tallahassee, Florida.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: Diana Westberry, Office Manager, Florida Commission on Ethics, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Amelia Naomi, Attorney, Florida Commission on Ethics, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

34-6.003 Subject Matter of Advisory Opinions.

Advisory opinions may be rendered only with respect to the interpretation and applicability of Article II, Section 8, Florida Constitution, of Part III, Chapter 112 or Sections 16.71, 16.715, 350.31, 350.04, 350.041, and 350.042, and 350.0605, F.S.

Rulemaking Authority 112.322(9) FS. Law Implemented 16.715(1)(d), 112.3215(12), 112.322(3), 350.041(4), 350.043 FS. History–New 4-11-76, Amended 9-21-77, 1-23-78, Formerly 34-6.03, Amended 8-7-94,______.

 

34-6.006 Receipt of Requests for Advisory Opinions and Withdrawal of Requests.

(1) through (6) No change.

(7) The person requesting an advisory opinion may not withdraw his request after copies of the working draft of the opinion have been sent to him and to Commission members except with the consent of the Commission for good cause shown. Any advisory opinion issued by the Commission subsequent to an attempted withdrawal of request shall be binding. in accordance with Rule 34-6.008, F.A.C.

Rulemaking Authority 112.322(9) FS. Law Implemented 112.3215(12), 112.322(3), 350.041(4), 350.043 FS. History–New 4-11-76, Amended 4-7-77, 9-21-77, 1-23-78, Formerly 34-6.06, Amended 8-7-94, 7-28-98, 11-24-15,______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Amelia Naomi, Attorney, Florida Commission on Ethics, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kerrie Stillman, Executive Director, Florida Commission on Ethics.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 23, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 22, 2024.