The purpose of this rulemaking is to amend the rule to reflect a recent legislative change to the Commission's procedures for complaints filed prior to an election. Previously, the Commission could not accept complaints filed within 5 days of an ...

 

COMMISSION ON ETHICS

RULE NO.:RULE TITLE:

34-5.001Staff Procedures Upon Receipt of a Complaint of Breach of Public Trust

PURPOSE AND EFFECT: The purpose of this rulemaking is to amend the rule to reflect a recent legislative change to the Commission's procedures for complaints filed prior to an election. Previously, the Commission could not accept complaints filed within 5 days of an election, but with the statutory change, complaints cannot be filed within 30 days immediately preceding an election.

SUBJECT AREA TO BE ADDRESSED: The subject area is the procedures for handling complaints and the time-frame in which complaints must be returned to complainants if filed within 30 days of an election.

RULEMAKING AUTHORITY: 112.322(9) FS.

LAW IMPLEMENTED: Art. II, Sec. 8(f), (h), Fla. Const., 112.322, 112.324 FS., Section 17, Chapter 2013-36, L.O.F.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

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: Millie Fulford, Executive Secretary, Florida Commission on Ethics. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Julie Costas, Assistant General Counsel, Florida Commission on Ethics

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

34-5.001 Staff Procedures Upon Receipt of a Complaint of Breach of Public Trust.

(1) through (3)  No change.

(4) Any complaint against a candidate in a general, special, or primary election that is received within the thirty five calendar days immediately preceding the date of that election, including Saturdays, Sundays, and holidays, will be returned by the Executive Director to the person filing the complaint, with an explanation of why the complaint is being returned.

Rulemaking Authority 112.322(9) FS. Law Implemented Art. II, Sec. 8(f), (h), Fla. Const., 112.322, 112.324 FS., Section 17, Chapter 2013-36, L.O.F. History–New 4-7-77, Amended 9-21-77, 11-9-77, 7-13-80, 11-26-80, 4-29-81, 2-21-83, Formerly 34-5.01, Amended 2-16-95,_________.