This amendment will affect paragraph 34-7.010(1)(a), F.A.C., which concerns the Form 2, Quarterly Client Disclosure. The rule change will update the statutory citation in the Rule, as well as in the Form 2, to reflect that ....

 

COMMISSION ON ETHICS

RULE NO.:RULE TITLE:

34-7.010List of Forms and Instructions

PURPOSE AND EFFECT: This amendment will affect paragraph 34-7.010(1)(a), F.A.C., which concerns the Form 2, Quarterly Client Disclosure. The rule change will update the statutory citation in the Rule, as well as in the Form 2, to reflect that the underlying statutory authority is Section 112.3145(6), FS. instead of Section 112.3145(5), FS. Also, an addition in language will be made to the Form 2 to reflect that members of the governing bodies of local governments, and their firms, are prohibited by Section 112.313(7), FS. from representing clients before subordinate staff or boards of their political subdivisions.

SUMMARY: This rulemaking affects the CE Form 2 - Quarterly Client Gift Disclosure.

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 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), 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: Art. II, Section 8, Fla. Const., 112.3145, 112.3147, 112.322(9) FS.

LAW IMPLEMENTED: 112.313(7), 112.3145(6), FS.

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

DATE AND TIME: January 22, 2021, 11:00 a.m.

PLACE: Agency for Health Care Administration, Fort Knox Office Complex - Building 3, 2727 Mahan Drive, Room A, Tallahassee, FL 32308

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, Administrative Assistant, 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, Senior Attorney, 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) Form 2, Quarterly Client Disclosure. To be utilized by elected constitutional officers, state officers, local officers, and specified employees for compliance with Section 112.3145(6)(5), F.S. http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 06092. Revised 2/2021 10/2015.

(b) 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) 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, 1-9-20,       .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Gray Schafer, Senior Attorney, Commission on Ethics, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chris Anderson, Executive Director, Commission on Ethics, [phone]

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 16, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 21, 2020