This rulemaking has several purposes. First, certain of these rules need to be updated to reflect that - beginning January 1, 2024 - the Commission on Ethics will accept certain disclosure filings only through the electronic ....

 

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

34-8.003Persons Required to File Full and Public Disclosure

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

34-8.011Penalties for Late Filing

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

34-8.208Final Filing Using the CE Form 1F

34-8.209Amended Filing Using the CE Form 1X

34-8.210Penalties for Late Filing

PURPOSE AND EFFECT: This rulemaking has several purposes. First, certain of these rules need to be updated to reflect that - beginning January 1, 2024 - the Commission on Ethics will accept certain disclosure filings only through the electronic filing system created and maintained by the Commission as provided in Section 112.31446, Florida Statutes. In particular, this will affect the filing of the CE Form 1 - Statement of Financial Interests, CE Form 1F - Final Statement of Financial Interests, and CE Form 1X - Amendment to Statement of Financial Interests. Second, the amendments will update, clarify, and re-adopt the instructions incorporated by reference within these rules to similarly reflect that the CE Form 1, CE Form 1F, and CE Form 1X must be filed electronically beginning January 1, 2024. Third, additional changes are being made to enumerated rules, and to the materials incorporated by reference, to reflect recent legislative changes to the disclosure laws, as explained in the "summary" portion of this notice.

SUMMARY: The referenced rules are each being amended to reflect changes to the financial disclosure process. The amendments are based on statutory changes found in the language of Sections 112.3142, 112.3144, 112.31446, and 112.3145, Florida Statutes. In particular, the amendments to Rules 34-8.001, 34-8.202, 34-8.208, 34-8.209, and 34-8.210 (which concern the CE Form 1, CE Form 1F, and CE Form 1X filings) delete any references to paper filings and related statements regarding filing by paper because, in accordance with Section 112.3145(2)(e), Florida Statutes, any enumerated disclosures filed after January 1, 2024, must be through the electronic filing system. This also affects the material incorporated by reference within certain of these Form 1-related rules inasmuch as the paper forms for these filings will be eliminated, although the rules will continue to incorporate the instructions for completing the forms. In addition, Rules 34-8.005 and 34-8.009 are being amended to reflect a recent statutory change to Section 112.3144(6)(c) allowing CE Form 6 and CE Form 6X filers to attach their federal income tax returns for purposes of reporting their income. The rules are also being updated to reflect that, for each of the disclosure forms submitted through electronic filing, filers may include attachments or other supporting documentation, as recently provided in statutory amendments to Sections 112.3144(8), 112.31446(2)(f), and 112.3145(8). The amendments to Rule 34-8.003 clarify that mayors, elected members of municipal governing bodies, and each member of the Commission on Ethics must file a CE Form 6, in accordance with recent changes to Sections 112.3144(1)(d) and 112.3144(1)(e). The amendments to Rules 34-8.011 and 34-8.210 reflect a statutory change to Sections 112.3144(8)(f) and 112.3145(8)(f), which indicate the monetary penalties for late filing of a CE Form 6 or CE Form 1 will be based only upon when the filer submitted the form to the electronic filing system. An additional change to Rue 34-8.210 reflects the notice requirements for penalties, as provided in Section 112.3145(8)(f)1.

And, finally, the instructions incorporated by reference in the enumerated rules (Rules 34-8.001, 34-8.002, 34-8.008, 34-8.009, 34-8.202, 34-8.208, and 34-8.209) will be amended to reflect the following: (1) filers can submit attachments or other supporting documentation when filing their forms (under Sections 112.3144(8), 112.3144(2)(f), and 112.3145(8); (2) filers should not include mortgage or brokerage account numbers, PID numbers, or taxpayer information on their filings, and the Commission on Ethics will not be liable if such information is included (under Sections 112.3144(7)(a) and 112.3145(4)(a)); (3) mayors, municipal commissioners, and members of the Commission no longer file a Form 1, but a Form 6 (Sections 112.3144(1)(d) and 112.3144(1)(e)); (4) on the instructions for the CE Form 6 and CE Form 6X, that a filer can complete the "Income" section by submitting a copy of their federal income tax return for that year, including all schedules, W-2s, and attachments (under Section 112.3144(6)(c)); (5) on the instructions for the "Training" section of the CE Form 6, CE Form 6X, CE Form 1, and CE Form 1X, that elected officers of independent special districts, including anyone appointed to fill a vacancy, are subject to the training requirement and must complete that section (under Section 112.3142(2)(d)); (6) on the instructions for the "Training" section of the CE Form 6, CE Form 6X, CE Form 1, and CE Form 1X, that the required training must be completed only by enumerated public officers who began serving after March 31 of the year for which they are filing. The instructions will also all be updated to reflect the appropriate calendar year.

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 38,400 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., 112.3144, 112.31445, 112.31446, 112.3145, 112.3147, 112.322(9), FS.

LAW IMPLEMENTED: Art. II, Section 8, Fla. Const., 112.312, 112.3144, 112.31445, 112.31446, 112.3145, FS.

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

DATE AND TIME: July 28, 2023, 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 14802 (1/2024) (1/2023).

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 14803 (1/2024) (1/2023).

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 www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 13877 (1/2024) (1/2023).

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 (1/2024).

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

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 (1/2024).

PROPOSED EFFECTIVE DATE January 1, 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 FS. History–New 4-7-77, Formerly 34-8.01, Amended 8-7-94, 11-7-01, 1-1-22, 1-1-23,       .

 

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 (1/2024) (1/2023) http://www.flurles.org/Gateway/reference.asp?No=Ref-XXXXX 14796, 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) Pursuant to Section 112.3144(2), F.S., public officers and employees required to file the CE Form 6 – Full and Public Disclosure of Financial Interests with the Commission on Ethics must file electronically through the electronic filing system.  The filer may include attachments or other supporting documentation when filing a disclosure.

(4) No change.

PROPOSED EFFECTIVE DATE January 1, 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,       .

 

34-8.003 Persons Required to File Full and Public Disclosure.

The following officers and candidates have been specified by Article II, Section 8, Florida Constitution, to file full and public disclosure:

(1) No change.

(2) No change.

(3) Mayors and the elected members of the govering body of a municipality.

(4) Each member of the Commission on Ethics.

(5)(3) No change.

PROPOSED EFFECTIVE DATE January 1, 2024

Rulemaking Authority Art. II, Section 8, Fla. Const., 112.322(9) FS. Law Implemented Art. II, Section 8, Fla. Const., 112.3144 FS. History–New 4-7-77, Amended 9-21-77, 10-3-84, Formerly 34-8.03, Amended 8-7-94, 10-12-15,       .

 

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) For the purpose of reporting income on a CE Form 6 – Full and Public Disclosure of Financial Interests, the filer may submit a federal income tax return, provided he or she includes all attachments and schedules associated with the federal income tax return.

(3)(2) No change.

(4)(3) No change.

PROPOSED EFFECTIVE DATE January 1, 2024.

Rulemaking Authority Art. II, Section 8, Fla. Const., 112.3144, 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,       .

 

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 (1/2024) (1/2023), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 14798, 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 January 1, 2024

Rulemaking Authority 112.3144, 112.31446, 112.3147, 112.322(9) FS. Law Implemented 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,       .

 

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 (1/2024) (1/2022), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 13880, 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) For the purpose of reporting income on a CE Form 6X – Amendment to Full and Public Disclosure of Financial Interests, the filer may submit a federal income tax return, provided he or she includes all attachments and schedules associated with the federal income tax return.

PROPOSED EFFECTIVE DATE January 1, 2024.

Rulemaking Authority 112.3144, 112.31446, 112.3147, 112.322(9) FS. Law Implemented 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,       .

 

34-8.011 Penalties for Late Filing.

(1) No change.

(2) No change.

(3) The fine shall be $25.00 per day for each late day, up to a maximum of $1,500.00. Commission staff shall determine the amount of the fine due, once electronic filing goes active, based upon when the CE Form 6 – Full and Public Disclosure of Financial Interests was submitted through the electronic filing system created and maintained by the Commission as provided in Section 112.31446, F.S. Until that time, the fine will be based on the earliest of the following:

(a) When the CE Form 6 is actually received by the Commission;

(b) When the CE Form 6 is postmarked;

(c) When the certificate of mailing is dated, or

(d) When the receipt from an established courier company is dated.

(4) No change.

(5) No change.

(6) No change.

(7) No change.

PROPOSED EFFECTIVE DATE January 1, 2024.

Rulemaking Authority 112.3144, 112.322(9) FS. Law Implemented 112.3144, 112.31455 FS. History–New 11-7-01, Amended 10-12-15, 1-1-22,     ­_______.

 

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. with the Supervisor of Elections in the county where he or she permanently resides, or, if the person does not permanently reside in Florida, with the supervisor of elections in the county of his or her agency’s headquarters, except that candidates who have already filed with a qualifying officer as part of qualifying are not required to also file with the Supervisor of Elections. The instructions for completing the Statement of Financial Interests CE Form 1 (1/2024) (1/2020), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 14799, are 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. 

(2) A person who was a state officer or a specified state employee as defined in Section 112.3145, F.S., on December 31st of a year must file electronically with the Commission by July 1 of the following year a statement of financial interests, as defined in and pursuant to the instructions  on the form prescribed by the Commission, CE Form 1-Statement of Financial Interests, incorporated by reference in subsection 34-8.202(1), F.A.C., except that candidates who, pursuant to law, are required to file a statement of financial interests must electronically complete the filing prior to or at the time they qualify as candidates have already filed with a qualifying officer as part of qualifying are not required to also file with the Supervisor of Elections.

(3) A person who assumes a public position defined in Section 112.3145, F.S., as a state officer, specified state employee, or local officer must file electronically within 30 days of taking that position a statement of financial interests, as defined in and pursuant to the instructions incorporated on the form prescribed by the Commission, CE Form 1-Statement of Financial Interests, adopted by reference in subsection 34-8.202(1), F.A.C., provided that any person whose appointment is subject to confirmation by the Senate shall electronically file prior to confirmation hearings or within 30 days from the date of appointment, whichever comes first. The disclosure statement of a state officer or specified state employee must be filed with the Commission. The disclosure statement of a local officer must be filed with the supervisor of elections in the county where he or she permanently resides, or, if the person does not permanently reside in Florida, with the supervisor of elections in the county of his or her agency’s headquarters.

(4) Disclosure forms filed under subsection (1) or (2), above, must be filed no later than 5:00 p.m. on the due date. However, any disclosure that is postmarked by the United States Postal Service no later than midnight of the due date shall be deemed to have been filed in a timely manner. A certificate of mailing obtained from and dated by the United States Postal Service at the time of mailing, or a receipt from an established courier company which bears a date on or before the due date, shall also be proof of mailing in a timely manner.

(4)(5) No change.

(5)(6) Pursuant to s. 112.3145(2)(e), Florida Statutes, local officers, state officers, and specified state employees required to file the statement of financial interests with the Commission on Ethics must file electronically through the electronic filing system.  The filer may include attachments or other supporting documentation when filing a disclosure.

(6)  When submitting qualifying papers, an incumbent in an elective office or a candidate holding another position subject to the annual filing requirement may submit a copy of the CE Form 1 – Statement of Financial Interests filed with the Commission, or a verification or receipt of the filing, with the officer before whome he or she qualifies.  Candidates not subject to an annual filing requirement must use the electronic filing system to complete and print a CE Form 1 – Statement of Financial Interests to be submitted to the officer before whom he or she qualifies.  A candidate for an elective state or local office specified in Section 112.3145, F.S., must file with the officer before whom he or she qualifies a statement of financial interests on the form prescribed by the Commission, CE Form 1 – Statement of Financial Interests, adopted by reference in subsection 34-8.202(1), F.A.C., together with and at the same time he or she files qualifying papers as a candidate.

PROPOSED EFFECTIVE DATE January 1, 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,           .

 

34-8.208 Final Filing Using the CE Form 1F.

(1) Each person who is required to file a statement of financial interests (CE Form 1) shall, within 60 days of leaving his or her public position, complete and submit through the electronic filing system created and maintained by the Commission as provided in s. 112.31446 file a final 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 filing either a statement of financial interests or full and public disclosure covering that disclosure period.

(2) The final filing shall be identified in the system as the on the form prescribed by the Commission, CE Form 1F – Final Statement of Financial Interests. The instructions for completing the Final Statement of Financial Interests CE Form 1F (1/2024) (1/2023), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 14800, are 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.

(3) Pursuant to s. 112.3145(2)(e), Florida Statutes, local officers, state officers, and specified state employees required to file the CE Form 1F – Final Statement of Financial Interests must file electronically through the electronic filing system. The final statement of financial interests of a state officer or specified state employee shall be filed with the Commission. The final statement of a local officer shall be filed with the supervisor of elections in the county where he or she permanently resides, or, if the person does not permanently reside in Florida, with the supervisor of elections in the county of his or her agency’s headquarters.

(4) No change.

PROPOSED EFFECTIVE DATE January 1, 2024.

Rulemaking Authority 112.3145, 112.31446, 112.3147, 112.322(9) FS. Law Implemented 112.3145 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,            .

 

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 A person may amend his or her original disclosure filing statement of financial interests to add to or modify the information originally reported on the form as originally filed at any time after filing the disclosure form.  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 amended statement shall be filed with the same office where the original form was filed and shall be made on the form prescribed by the Commission, CE Form 1X – Amendment to Form 1 Statement of Financial Interests. The instructions for completing the Amendment to Statement of Financial Interests CE Form 1X (1/2024) (1/2022) http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 13571, are 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 January 1, 2024.

Rulemaking Authority 112.3145(13)(9), 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,           .

 

34-8.210 Penalties for Late Filing.

(1) Upon determining that a CE Form 1 – Statement of Financial Interests has not been filed by the due date CE Form 1 has been filed after the due date or that the maximum fine has accrued, Commission staff shall send a notice by email U.S. Mail notifying the delinquent person of the failure to timely file, and shall redeliver the notice on a weekly basis by email as long as the person remains delinquent. of the amount of the payment due for the accrued fine, and of the person’s right to appeal or dispute the fine as provided in Rule 34-8.215, F.A.C.

(2) Upon determining that the Statement of Financial Interests has been filed after the due date or that the maximum fine has accrued, Commission staff shall send a notice by email notifying the filer of the amount of the payment due for the accrued fine, and of the filer's right to appeal or dispute the fine as provided in Rule 34-8.215, F.A.C.

(3) The fine shall be $25 per day for each late day, up to a maximum of $1,500. Commission staff shall determine the amount of the fine due based upon when the CE Form 1 – Statement of Financial Interests was submitted through the electronic filing system created and maintained by the Commission as provided in s. 112.31446, F.S. the earliest of the following:

(a) When the CE Form 1 is actually received by the Commission;

(b) When the CE Form 1 is postmarked;

(c) When the certificate of mailing is dated; or

(d) When the receipt from an established courier company is dated.

(4)(3) No change.

(5)(4) No change.

(6)(5) No change.

(7)(6) No change.

PROPOSED EFFECTIVE DATE January 1, 2024.

Rulemaking Authority 112.322(9) FS. Law Implemented 112.3145, 112.31455 FS. History–New 11-7-01, Amended 10-12-15,        

 

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: June 26, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 22, 2023