The purpose of Rule 34-18.001 is to address the recent amendment found in Article II, Section 8(h)(2) of the Florida Constitution. The amendment in Article II, Section 8(h)(2) of the Constitution requires the Florida Commission on Ethics, through ...

 

COMMISSION ON ETHICS

RULE NO.:RULE TITLE:

34-18.001Scope and Applicability of Chapter

PURPOSE AND EFFECT: The purpose of Rule 34-18.001 is to address the recent amendment found in Article II, Section 8(h)(2) of the Florida Constitution. The amendment in Article II, Section 8(h)(2) of the Constitution requires the Florida Commission on Ethics, through the statutory procedures governing rule-making, to define the term "disproportionate benefit," as it is used in that particular subsection, and to prescribe the requisite intent for finding a violation of the prohibition contained in that particular subsection.

SUMMARY: Rule 34-18.001 defines the term "disproportionate benefit" to mean a benefit, privilege, exemption, or result not available to similarly situated persons. It then lists factors that the Commission should consider in determining whether a particular benefit, privilege, exemption, or result constitutes a "disproportionate benefit." Finally, it states the requisite intent for finding a violation of the prohibition found in Article II, Section 8(h)(2) of the Florida Constitution is whether a public officer or public employee acted, or refrained from acting, with knowledge that his or her action or failure to act would result in a disproportionate benefit.

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 statutes similar in nature to the amendment found in Article II, Section 8(h)(2) of the Florida Constitution and the narrow scope of rule-making authority granted in the constitutional provision, the adverse impact or regulatory cost, 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: Article II, Section 8(h)(2), Florida Constitution

LAW IMPLEMENTED: Article II, Section 8(h)(2), Florida Constitution

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

DATE AND TIME: June 7, 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: Diana Westberry, 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:

 

34-18.001 Scope and Applicability of Chapter.

(1) The purpose of this chapter is to provide notice and guidance to public officers or public employees, as well as to the general public, regarding the definition of the term "disproportionate benefit," as that term is used in Article II, Section 8(h)(2) of the Florida Constitution, as well as the requisite intent for finding a violation of the prohibition contained in Article II, Section 8(h)(2) of the Florida Constitution.

(2) For the purposes of Article II, Section 8(h)(2) of the Florida Constitution, "disproportionate benefit" means a benefit, privilege, exemption, or result not available to similarly situated persons.

(3) The Commission will consider the following factors in determining whether a benefit, privilege, exemption, or result constitutes a "disproportionate benefit":

(a) The size of the class who will experience the benefit, privilege, exemption, or result;

(b) The nature of the interests involved;

(c) The degree to which the interests of all members of the class are affected; and

(d) The degree to which the public officer or public employee, his or her spouse, children, employer, or business with which he or she contracts, in which he or she is an officer, a partner, a director, or a proprietor, or in which he or she owns an interest, receives a greater or more advantageous benefit, privilege, exemption, or result when compared to others in the class.

(4) The requisite intent for finding a violation of the prohibition in Article II, Section 8(h)(2) of the Florida Constitution is that the public officer or public employee acted, or refrained from acting, with knowledge that his or her action or failure to act would result in a disproportionate benefit. 

Rulemaking Authority Article II, Section 8(h)(2), Florida Constitution. Law Implemented Article II, Section 8(h)(2), Florida Constitution History – New ____.

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Virlindia Doss, Executive Director, Florida Commission on Ethics

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 15, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 5, 2018