This rulemaking has two purposes. The first purpose is to clarify that, in the income sections of the CE Form 6 -- Full and Public Disclosure of Financial Interests, CE Form 6F -- Final Full and Public Disclosure of Financial ....

 

COMMISSION ON ETHICS

RULE NOS.:RULE TITLES:

34-8.001General

34-8.002General Rules for Filing the CE Form 6 - Full and Public Disclosure of Financial Interests

34-8.005Disclosure of Sources and Amounts of Income

34-8.008Final Filing Using the CE Form 6F

34-8.009Amended Filing Using the CE Form 6X

34-8.202General Rules for Filing the CE Form 1 - Statement of Financial Interests

34-8.209Amended Filing Using the CE Form 1X

PURPOSE AND EFFECT: This rulemaking has two purposes. The first purpose is to clarify that, in the income sections of the CE Form 6 -- Full and Public Disclosure of Financial Interests, CE Form 6F -- Final Full and Public Disclosure of Financial Interests, and CE Form 6X -- Amendment to Full and Public Disclosure of Financial Interests, a filer does not have to disclose identifying information concerning an income source if it would violate confidentiality or privilege pursuant to the law or rules governing attorneys. In such an instance, the filer may indicate they have a "Legal Client" meeting the disclosure criteria without providing further information. The Commission on Ethics has rulemaking authority in the Constitution to develop rules regarding the disclosure of income on these particular Forms. The second purpose is to clarify in the instructions for the CE Form 6 and CE Form 6X, as well as in the instructions for the CE Form 1 -- Statement of Financial Interests and the CE Form 1X -- Amendment to Statement of Financial Interests, that the training certification portion does not yet have to be completed by elected local officers of independent special districts, or any person appointed to fill a vacancy on an independent special district board. While these types of officers must begin receiving four hours of ethics training during 2024, they will not have to certify receiving that training until they file their 2024 financial disclosure, which will be after the 2024 calendar year is complete. For that reason, it is premature to mention them in the instructions for this portion of the forms, and the amendment will remove that reference, at least temporarily.

SUMMARY: First, Rule 34-8.005 is being amended to include a new subsection, which will indicate CE Form 6 filers, who are attorneys, will not have to disclose a legal client as a primary or secondary source of income if it will violate the law or rules governing attorneys. The subsection will indicate that filers can instead write "Legal Client" in the disclosure fields without providing further information.

Second, language allowing CE Form 6 filers to refrain from disclosing identifying information about legal clients in the income portion of the form, and prompting them to write "Legal Clients" in the disclosure fields instead, will be added to the instructions for the CE Form 6, CE Form 6F, and CE Form 6X, which are incorporated by reference in the following enumerated rules (Rules 34-8.001, 34-8.002, 34-8.008, and 34-8.009).

Third, any reference to elected local officers of independent special districts, and any person appointed to fill a vacancy on an elected special district board, in the training certification portion of the instructions for the CE Form 6, CE Form 6X, CE Form 1, and CE Form 1X, will be removed. These instructions are incorporated by reference in the following enumerated rules (Rules 34-8.001, 34-8.002, 34-8.009, 34-8.202, and 34-8.209).

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: Approximately 40,000 persons are required by law to file the CE Form 6 and CE Form 1 (and related forms) each year, depending on their positions. Other than the amount of time that they expend to complete the forms, any economic impact is nominal. The Commission will absorb in its annual budget the costs of creating and maintaining the electronic filing system which will be used to submit both the CE Form 6 and CE Form 1 filings beginning January 1, 2024.

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., 112.3147, 112.322(9), FS

LAW IMPLEMENTED: Art. II, Section 8, Fla. Const., 112.3144, 112.3145, FS

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

DATE AND TIME: January 26, 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: Steven Zuilkowski, General Counsel, or Gray Schafer, Assistant General Counsel, Florida Commission on Ethics, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

34-8.001 General.

(1) No change.

(2) As used in this chapter and as referenced in the electronic filing system created and maintained by the Commission as provided in Section 112.31446, F.S., unless the context otherwise requires:

a. “CE Form 6 – Full and Public Disclosure of Financial Interests” means the fields of information required to complete the full and public disclosure requirements of Section 8, Art. II of the State Constitution, as set forth by the instructions available at www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 15809 (2/2024) (1/2024).

b. “CE Form 6F – Final Full and Public Disclosure of Financial Interests” means the fields of information required to complete the final disclosure statement required by Section 112.3144(10), F.S., as set forth by the instructions available at www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 15811 (2/2024) (1/2024).

c. “CE Form 6X – Amendment to Full and Public Disclosure of Financial Interests” means the fields of information required on an amendment to a full and public disclosure of financial interest submitted pursuant to Section 112.3144(11), F.S., as set forth by the instructions available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 15813 (2/2024) (1/2024).

d. "CE Form 1 – Statement of Financial Interests" means the fields of information required to complete the statement of financial interests requirements of s. 112.3145, Florida Statutes, as set forth by the instructions available at www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 15815 (2/2024) (1/2024).

e. No change.  

f. "CE Form 1X – Amendment to Statement of Financial Interests" means the fields of information required on an amendment to a statement of financial interests submitted pursuant to s. 112.3145(13), Florida Statutes, as set forth by the instructions available at www.fl.rules.org/Gateway/reference.asp?No=Ref-XXXXX 15819 (2/2024) (1/2024).

PROPOSED EFFECTIVE DATE February 29, 2024.

Rulemaking Authority Art. II, Section 8, Fla. Const., 112.3144, 112.31446, 112.3145, 112.3147, 112.322(9) FS. Law Implemented Art. II, Section 8, Fla. Const., 112.3144, 112.3145, FS. History–New 4-7-77, Formerly 34-8.01, Amended 8-7-94, 11-7-01, 1-1-22, 1-1-23, 1-1-24,       .

 

34-8.002 General Rules for Filing the CE Form 6 – Full and Public Disclosure of Financial Interests.

(1) Every person who holds an office specified in Rule 34-8.003, F.A.C., must file full and public disclosure of his or her financial interests with the Commission by July 1 of each year during which he or she is in office, and every person who held an office specified in Rule 34-8.003, F.A.C., on December 31st of a year must file full and public disclosure of his or her financial interests with the Commission by July 1 of the following year, except that candidates who have already filed with a qualifying officer as part of qualifying are not required to also file with the Commission. Full and public disclosure of financial interests means completing, through the electronic filing system created and maintained by the Commission as provided in Section 112.31446, F.S., a sworn disclosure filing, identified in the system as the CE Form 6 – Full and Public Disclosure of Financial Interests, showing net worth, assets, liabilities, and sources of income. The instructions for completing the Full and Public Disclosure of Financial Interests (2/2024) (1/2024) http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 15810, are incorporated by reference herein and may be obtained without cost from the Florida Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us. A candidate for an elective office specified in Rule 34-8.003, F.A.C., or otherwise specified by law must file this information prior to or at the time he or she qualifies as a candidate.

(2) No change.

(3) No change.

(4) No change.

PROPOSED EFFECTIVE DATE February 29, 2024.

Rulemaking Authority Art. II, Section 8, Fla. Const., 112.3144, 112.31445, 112.31446, 112.3145, 112.3147, 112.322(9) FS. Law Implemented Art. II, Section 8, Fla. Const., 112.3144 FS. History–New 4-7-77, Amended 10-3-84, Formerly 34-8.02, Amended 8-7-94, 7-2-00, 11-7-01, 1-19-11, 1-1-12, 1-1-13, 1-1-14, 1-1-15, 1-1-16, 1-1-17, 1-1-18, 1-1-19, 1-1-20, 1-1-21, 1-1-22, 1-1-23, 1-1-24,       .

 

34-8.005 Disclosure of Sources and Amounts of Income.

The Commission shall prescribe as part of the CE Form 6 – Full and Public Disclosure of Financial Interests provisions for the disclosure of sources and amounts of income and for the disclosure of secondary sources of income as required by Article II, Section 8 of the Florida Constitution.

(1) No change.

(2) No change.

(3) No change.

(4) No change.

(5) If disclosure of identifying information regarding a source of income or secondary source of income will violate confidentiality or privilege pursuant to law or rules governing attorneys, a filer, who is also an attorney, may indicate he or she has a legal client meeting the disclosure criteria without providing further information about the client.  The filer in such circumstances may write "Legal Client" in the disclosure fields without providing any further information.

PROPOSED EFFECTIVE DATE February 29, 2024.

Rulemaking Authority Art. II, Section 8, Fla. Const., 112.3144, 112.3147, 112.322(9) FS. Law Implemented Art. II, Section 8, Fla. Const. History–New 4-7-77, Formerly 34-8.05, Amended 1-1-22, 1-1-24,       .

 

34-8.008 Final Filing Using the CE Form 6F.

(1) Each person who is required to file full and public disclosure of financial interests shall, within 60 days of leaving his or her public position, complete and file through the electronic filing system created and maintained by the Commission as provided in Section 112.31446, F.S., a final disclosure statement covering the period between January 1 of the year in which the person leaves and his or her last day in the position, unless he or she takes another position within that 60-day period which requires full and public disclosure. The final filing shall be identified in the system as the CE Form 6F – Final Full and Public Disclosure of Financial Interests. The instructions for completing the Final Full and Public Disclosure of Financial Interests (2/2024) (1/2024), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 15812, are incorporated by reference herein and may be obtained without cost from the Florida Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us. The filer may include attachments or other supporting documentation when filing a disclosure.

(2) No change.

(3) No change.

PROPOSED EFFECTIVE DATE February 29, 2024

Rulemaking Authority Art. II, Section 8, Fla. Const., 112.3144, 112.31446, 112.3147, 112.322(9) FS. Law Implemented Art. II, Section 8, Fla. Const., 112.3144(5) FS. History–New 11-7-01, Amended 1-19-11, 1-1-12, 1-1-13, 1-1-14, 1-1-15, 1-1-16, 1-1-17, 1-1-18, 1-1-19, 1-1-20, 1-1-21, 1-1-22, 1-1-23, 1-1-24,       .

 

34-8.009 Amended Filing Using the CE Form 6X.

(1) At any time after submitting the CE Form 6 – Full and Public Disclosure of Financial Interests, a person may amend his or her original disclosure filing to add to or modify the information originally reported. Filers shall complete an amended filing through the electronic filing system created and maintained by the Commission as provided in Section 112.31446, F.S., which will allow them to access and complete the disclosure filing identified in the system as the CE Form 6X – Amendment to the Full and Public Disclosure of Financial Interests. The instructions for completing the Amendment to the Full and Public Disclosure of Financial Interests (2/2024) (1/2024), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 15814, are incorporated by reference herein and may be obtained without cost from the Florida Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us. The filer may include attachments or other supporting documentation when filing a disclosure.

(2) No change.

(3) No change.

PROPOSED EFFECTIVE DATE February 29, 2024

Rulemaking Authority Art. II,, Section 8, Fla. Const., 112.3144, 112.31446, 112.3147, 112.322(9) FS. Law Implemented Art. II, Section 8, Fla. Const., 112.3144(7) FS. History–New 11-7-01, Amended 1-19-11, 1-1-12, 1-1-13, 1-1-14, 1-1-15, 1-1-16, 1-1-17, 1-1-18, 1-1-20, 1-1-21, 1-1-22, 1-1-24,       .

 

34-8.202 General Rules for Filing the CE Form 1 – Statement of Financial Interests.

(1) A person who was a local officer as defined in Section 112.3145, F.S., except for those local officers specified in Section 112.3144(1)(d), F.S., on December 31st of a year must file by July 1 of the following year a statement of financial interests on the form prescribed by the Commission, CE Form 1 – Statement of Financial Interests. A statement of financial interests means completing, through the electronic filing system created and maintained by the Commission as provided in s. 112.31446, a disclosure filing, identified in the system as the CE Form 1 – Statement of Financial Interests. The instructions for completing the Statement of Financial Interests (2/2024) (1/2024), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 15816, are incorporated by reference herein and may be obtained without cost from the Florida Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us.

(2) No change.

(3) No change.

(4) No change.

(5) No change.

(6) No change.

PROPOSED EFFECTIVE DATE February 29, 2024

Rulemaking Authority 112.3145, 112.31445, 112.31446, 112.3147, 112.322(9) FS. Law Implemented 112.3145, 112.312(10) FS. History–New 11-7-01, Amended 1-19-11, 1-1-12, 1-1-13, 1-1-14, 1-1-15, 1-1-16, 1-1-17, 1-1-18, 1-1-19, 1-1-20, 1-1-21, 1-1-22, 1-1-23, 1-1-24,       .

 

34-8.209 Amended Filing Using the CE Form 1X.

(1) At any time after submitting the CE Form 1 – Statement of Financial Interests, a person may amend his or her original disclosure filing to add to or modify the information originally reported. Filers shall complete an amended filing through the electronic filing system created and maintained by the Commission as provided in s. 112.31446, Florida Statutes, which will allow them to access and complete the disclosure filing identified in the system as the CE Form 1X – Amendment to Statement of Financial Interests. The instructions for completing the Amendment to Statement of Financial Interests (2/2024) (1/2024) http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 15820, is incorporated by reference herein and may be obtained without cost from the Florida Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us. The filer may include attachments or other supporting documentation when filing a disclosure.

(2) No change.

PROPOSED EFFECTIVE DATE February 29, 2024.

Rulemaking Authority 112.3145(13), 112.31446, 112.3147, 112.322(9) FS. Law Implemented 112.3145(9) FS. History–New 11-7-01, Amended 1-19-11, 1-1-12, 1-1-13, 1-1-14, 1-1-15, 1-1-16, 1-1-17, 1-1-18, 1-1-20, 1-1-21, 1-1-22, 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: December 18, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 15, 2023, and December 18, 2023