Rulemaking is needed to reflect a recent statutory change to Section 112.3215(8)(d), Florida Statutes, by Chapter 2023-49, Laws of Florida. This change modified how the Commission on Ethics may dispose of complaints or ....

 

COMMISSION ON ETHICS

RULE NO.:RULE TITLE:

34-12.750Probable Cause Hearing

PURPOSE AND EFFECT: Rulemaking is needed to reflect a recent statutory change to Section 112.3215(8)(d), Florida Statutes, by Chapter 2023-49, Laws of Florida. This change modified how the Commission on Ethics may dispose of complaints or investigations resulting from complaints or random audits of lobbying reports. It specifies these types of proceedings may be dismissed at any stage of disposition if the Commission determines that proceeding further will not serve the public interest. Currently, Rule 34-12.750(3) requires these matters to proceed to a probable cause hearing, and states dismissal can be predicated only upon a finding of no probable cause. The Rule needs to be updated to account for the dismissals now allowed by Section 112.3215(8)(d).

SUBJECT AREA TO BE ADDRESSED: Executive Branch Lobbying; Complaints and Audits Conducted Pursuant To Section 112.3215, Florida Statutes

RULEMAKING AUTHORITY: Sections 112.3215 and 112.322(9), Florida Statutes

LAW IMPLEMENTED: Section 112.3215(8)(d), Florida Statutes

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Gray Schafer, Assistant General Counsel, Florida Commission on Ethics, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.