Rulemaking is needed to reflect a recent statutory change to Section 112.3142(2)(d), Florida Statutes, made by Chapter 2023-121, Laws of Florida. The Chapter Law modified Section 112.3142(2)(d) to require that elected officers ....

 

COMMISSION ON ETHICS

RULE NO.: RULE TITLE:

34-7.025: Ethics Training Course Content

PURPOSE AND EFFECT: Rulemaking is needed to reflect a recent statutory change to Section 112.3142(2)(d), Florida Statutes, made by Chapter 2023-121, Laws of Florida. The Chapter Law modified Section 112.3142(2)(d) to require that elected officers of independent special districts, and each person appointed to fill a vacancy for an unexpired term of such an elective office, receive four hours of ethic training each calendar year, beginning on January 1, 2024. Currently Rule 34-7.025 does not include officers of independent special district when listing the types of public officers that must receive four hours of ethics training under Section 112.3142. The Rule will be updated to reflect the statutory addition.

SUMMARY: Rules 34-7.025(1) and 34-7.025(2) will be updated to reflect that the statutory training requirements contained therein apply as well to elected local officers of independent special districts, as defined in Section 189.012, Florida Statutes, including any person appointed to fill a vacancy for an unexpired term of such elective office of an independent special district.

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: based on past experience, the adverse impact or regulatory costs, if any, do not exceed and would not be expected to exceed any one of the economic criteria set forth in Section 120.541, FS.

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: Sections 112.322(9) and 112.3142, Florida Statutes

LAW IMPLEMENTED: Section 112.3142, Florida Statutes

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

DATE AND TIME: December 1, 2023, 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: Steven J. Zuilkowski, General Counsel, or Gray Schafer, Assistant General Counsel, Florida Commission on Ethics, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

34-7.025 Ethics Training Course Content.

(1) Constitutional officers, elected municipal officers, and commissioners of community redevelopment agencies created under Part III of Chapter 163, F.S., and elected local officers of independent special districts, as defined in Section 189.012, Florida Statutes, including any person appointed to fill a vacancy for an unexpired term of such elective office of an independent special district, are required by Section 112.3142, F.S., to complete four (4) hours of ethics training each calendar year.

(2)(a) In addition to receiving training on Florida’s public records laws (Chapter 119, F.S.) and open meetings laws (Chapter 286, F.S.), constitutional officers, elected municipal officers, and commissioners of community redevelopment agencies created under Part III of Chapter 163, F.S., and elected local officers of independent special districts, as defined in Section 189.012, Florida Statutes, including any person appointed to fill a vacancy for an unexpired term of such elective office of an independent special district, are required to obtain ethics training that is derived from Article II, Section 8, Florida Constitution, “Ethics in Government,” and Chapter 112, Part III, F.S., the “Code of Ethics for Public Officers and Employees.”

(b) No change.

(3)(a) through (b) No change.

(4) No change.

PROPOSED EFFECTIVE DATE January 4, 2024.

Rulemaking Authority 112.322(9), 112.3142 FS. Law Implemented 112.3142, 332.0075 FS. History‒New 9-10-13, Amended 1-8-15, 1-9-20, 4-8-21,       .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Gray Schafer, Assistant General Counsel, Florida Commission on Ethics, [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 5, 2023