The proposed rule establishes course content for the 4 hours of mandatory ethics training that constitutional officers are required to obtain annually.

 

COMMISSION ON ETHICS

RULE NO.:RULE TITLE:

34-7.025Ethics Training Course Content

PURPOSE AND EFFECT: The proposed rule establishes course content for the 4 hours of mandatory ethics training that constitutional officers are required to obtain annually.

SUMMARY: Providers of ethics training are encouraged to offer training that covers a myriad of subjects involving Article II, Section 8, Florida Constitution, and Chapter 112, Part III, Florida Statutes.

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: No regulatory cost is anticipated, as the Commission has not been given authority to certify trainers or track the hours of training received by constitutional officers.

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: §4, Ch. 2013-36, L.O.F.

LAW IMPLEMENTED: §4, Ch. 2013-36, L.O.F.

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

DATE AND TIME: Friday, July 26, 2013, 8:30 a.m.

PLACE: Room 37S, Senate Office Building, 404 South Monroe Street, Tallahassee, FL

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: Ms. Millie Fulford, telephone [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: Julie Costas, Assistant General Counsel, telephone [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

ETHICS TRAINING, FORMS AND INSTRUCTIONS

 

 

34-7.025 Ethics Training Course Content.

(1) Beginning in 2013, constitutional officers are required by Section 112.3142, F.S., to complete four (4) hours of ethics training each calendar year.

(2) In addition to receiving training on Florida's public records laws (Chapter 119, Florida Statutes) and open meetings laws (Chapter 286, Florida Statutes), constitutional officers are required to obtain ethics training that is derived from Article II, Section 8, Florida Constitution, "Ethics in Government," and Chapter 112, Part III, Florida Statutes, the "Code of Ethics for Public Officers and Employees."

(a) Providers may develop and offer courses using a "menu" approach to fulfill agency-specific training needs. Subjects to be covered in training may include but are not limited to one or more of the following:

1. Doing business with one's own agency;

2. Conflicting employment or contractual relationships;

3. Misuse of position;

4. Disclosure or use of certain information;

5. Gifts and honoraria, including solicitation and acceptance of gifts, and unauthorized compensation;

6. Post-officeholding restrictions;

7. Restrictions on the employment of relatives;

8. Voting conflicts;

9. Financial disclosure requirements, including the automatic fine and appeal process;

10. Commission procedures on ethics complaints and referrals; and

11. The importance of and process for obtaining advisory opinions rendered by the Commission.

(3) Providers are encouraged to seek accreditation from The Florida Bar for courses offered pursuant to Section 112.3142, F.S., so that attendees who are members of The Florida Bar may also obtain continuing legal education credit for course attendance.

Rulemaking Authority §4, Ch. 2013-36, L.O.F., 112.3142 FS. Law Implemented: §4, Ch. 2013-36, L.O.F., 112.3142 FS. History: New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Julie Costas, Assistant General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Commission on Ethics

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 7, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 17, 2013