This amendment affects Rule 34-7.010(1)(a), F.A.C. The purpose of the amendment is to transition the Form which that provision concerns (the Form 2 - Quarterly Client Disclosure) from paper filing to electronic filing. ....

 

COMMISSION ON ETHICS

RULE NO.: RULE TITLE:

34-7.010: List of Forms and Instructions

PURPOSE AND EFFECT: This amendment affects Rule 34-7.010(1)(a), F.A.C. The purpose of the amendment is to transition the Form which that provision concerns (the Form 2 - Quarterly Client Disclosure) from paper filing to electronic filing. This reflects a recent statutory change in Section 112.3145, Florida Statutes, the statute authorizing the Form 2, requiring the Form to be submitted, beginning January 1, 2024, only through the electronic filing system created and maintained by the Commission as provided in Section 112.31446, Florida Statutes.

SUMMARY: The amendment clarifies the meaning of the Form 2, and then updates the material incorporated by reference to eliminate the paper version of the Form, as the Form, under a recent change to Section 112.3145(2)(e), must be filed beginning January 1, 2024, only through the electronic filing system maintained by the Commission. The material incorporated by reference will continue to include the instructions for completing the Form, although any reference to paper filings will be removed from the instructions.

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 costs, if any, do not exceed and would not be expected to exceed any one of the economic criteria set forth in Section 120.541, 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: 112.31446, 112.3145, Fla. Stat.

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 J. Zuilkowski, General Counsel, or Gray Schafer, Assistant General Counsel, Florida 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. This is the fields of information required to To be utilized by elected constitutional officers, state officers, local officers, and specified employees for compliance with Section 112.3145(6), F.S., as set forth by instructions available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 12820. Revised 1/2024 2/2021.

(b) through (i) No change.

(2) No change.

PROPOSED EFFECTIVE DATE January 1, 2024.

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, 112.31446, 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, 4-8-21,       .

 

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