This amendment relates to material incorporated by reference within Rule 34-7.010(1)(b), F.A.C. That rule subsection concerns the Form 50, which is the form submitted by individuals seeking to file a complaint with the ....

 

COMMISSION ON ETHICS

RULE NO.:RULE TITLE:

34-7.010List of Forms and Instructions

PURPOSE AND EFFECT: This amendment relates to material incorporated by reference within Rule 34-7.010(1)(b), F.A.C. That rule subsection concerns the Form 50, which is the form submitted by individuals seeking to file a complaint with the Florida Commission on Ethics concerning the actions of a public officer or employee. The purpose of the proposed amendment is to update, clarify, and re-adopt the Form 50. The updates/clarifications are explained in the Summary section of this Notice.

SUMMARY: Given a recent statutory amendment to Section 112.324(1)(a), Florida Statutes, an allegation in a Form 50 ethics complaint may now only be investigated if it is based on personal knowledge or information other than hearsay. See Ch. 2024-253, Laws of Florida. The Form 50 is being amended to indicate this new requirement. Moreover, the amendment will remove language from the Form 50 concerning the Commission's jurisdiction and statute of limitations, the process by which a complaint is reviewed, investigated, and prosecuted, as well as the confidentiality of ethics complaint proceedings, and the law concerning costs and attorney's fees. This material is being removed because it is general information about the complaint process but is not instructive to actually completing the Form 50, and its removal will shorten the form and make it more accessible for filers. The language being removed either repeats language included elsewhere on the Form 50, or repeats language already publicly available in other Commission laws and rules. A link also will be added to the Form 50 where filers can learn about the Commission and its procedures.

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: 112.3147, 112.322(9), 112.324(1)(a) F.S.

LAW IMPLEMENTED: 112.324(1)(a), F.S.

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

DATE AND TIME: October 25, 2024, 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: Gray Schafer, Assistant General Counsel, Florida Commission on Ethics [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

34-7.010 List of Forms and Instructions.

(1) The following forms and instructions are incorporated by reference and are used by the Commission in its dealings with the public:

(a) No change.

(b) Form 50, Complaint. To be utilized by persons wishing to file a complaint against any public officer, public employee or candidate for public office alleging a violation of any provision of Part III, Chapter 112, F.S. or to be utilized by persons wishing to file a complaint which alleges any other breach of public trust on the part of a public officer or employee who is not within the jurisdiction of the Judicial Qualifications Commission. https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07735. Revised 11/2024 12/2016.

(c) through (i) No change.

(2) No change.

Rulemaking Authority Art. II, Section 8(i), Fla. Const., 112.3144, 112.3145, 112.3147, 112.3215(14), 112.322(9), 112.324(1)(a) FS. Law Implemented Art. II, Section 8(a), (f), (h), Fla. Const., 112.313(9), (12), 112.31425, 112.3143, 112.3144, 112.31446, 112.3145, 112.3148, 112.31485, 112.3149, 112.3215, 112.324(1)(a) FS. History–New 4-11-76, Formerly 34-7.10-7.22, 8.10, Amended 2-23-77, 4-7-77, 5-17-77, 10-20-77, 2-25-79, 1-29-80, 4-29-81, 1-12-82, 3-25-82, 2-21-83, Formerly 34-7.10, Amended 7-10-88, 3-4-91, 10-6-91, 10-29-91, 12-22-91, 7-5-92, 10-15-92, 12-6-92, 11-10-93, 12-27-93, 11-21-94, 2-16-95, 12-26-95, 1-27-97, 1-1-98, 1-1-99, 1-1-00, 12-4-00, 12-21-00, 10-14-01, 11-22-01, 1-1-02, 1-1-03, 1-1-04, 1-1-05, 1-1-06, 6-15-06, 1-1-07, 1-1-10, 8-18-10, 1-1-11, 1-19-11, 11-4-13, 1-1-15, 11-24-15, 7-5-16, 1-9-17, 1-9-20, 4-8-21, 1-1-24,         .

 

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 04, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 24, 2024