The purpose of the amendment is to implement Chapter 2019-60, Laws of Florida, which repealed Section 112.31425, Florida Statutes, a statute relating to qualified blind trusts. The amendment will implement Chapter 2019-60 by removing Rule 34-7.010(...

 

COMMISSION ON ETHICS

RULE NO.:RULE TITLE:

34-7.010List of Forms and Instructions

PURPOSE AND EFFECT: The purpose of the amendment is to implement Chapter 2019-60, Laws of Florida, which repealed Section 112.31425, Florida Statutes, a statute relating to qualified blind trusts. The amendment will implement Chapter 2019-60 by removing Rule 34-7.010(1)(j), F.A.C., which was written to be used by a public officer electing to create a qualified blind trust pursuant to Section 112.31425. The amendment will, by its effect, also remove Form 40 (Certification by Trustee of Qualified Blind Trust), which was adopted by reference in Rule 34-7.010(1)(j), F.A.C.

SUMMARY: The amendment removes Rule 34-7.010(1)(j), F.A.C. and, in doing so, also removes Form 40, which is referenced therein.

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 with the content in Rule 34-7.010(1)(j), the adverse impact or regulatory costs, if any, do not exceed and would not be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), F.S.

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: Art. II, Section 8, Fla. Const., 112.322(9), FS.

LAW IMPLEMENTED: Ch. 2019-60, Laws of Florida.

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

DATE AND TIME: December 6, 2019, 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: Victoria Kaiser, Executive Secretary, 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: Grayden Schafer, Senior Attorney, 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) through (i) No change.

(j) Form 40, Certification by Trustee of Qualified Blind Trust. To be utilized by a public officer who elects to create a qualified blind trust pursuant to Section 112.31425, F.S. http://www.flrules.org/Gateway/reference.asp?No=Ref-03280. Effective 11-4-13.

(2) No change.

Rulemaking Authority Art. II, Section 8(i), Fla. Const., 112.31425, 112.3144, 112.3145, 112.3147, 112.3215(14), 112.322(9) FS. Law Implemented Art. II, Section 8(a), (f), (h), Fla. Const., 112.313(9), (12), 112.31425, 112.3143, 112.3144, 112.3145, 112.3148, 112.31485, 112.3149, 112.3215 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, ____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Grayden Schfer, Senior Attorney, Florida Commission on Ethics, (850)-488-7864

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: C. Christopher Anderson, III, Executive Director, Florida Commission on Ethics, (850)-488-7864

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 07, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 4, 2019