The purpose of the proposed amendment is to update and clarify the rules related to the forms adopted by reference in Chapter 34-8, F.A.C., to address changes required by law, and to clarify and re-adopt the forms and their instructions. Rule 34-8....

 

COMMISSION ON ETHICS

RULE NOS.:RULE TITLES:

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

34-8.007Choosing to File Copy of Income Tax Return

34-8.008Final Filing Using the CE Form 6F

34-8.009Amended Filing Using the CE Form 6X

34-8.011Penalties for Late Filing

34-8.015Appeal of Statutory Fines: Hearings, Unusual Circumstances

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

34-8.215Appeal of Statutory Fines: Hearings, Unusual Circumstances

PURPOSE AND EFFECT: The purpose of the proposed amendment is to update and clarify the rules related to the forms adopted by reference in Chapter 34-8, F.A.C., to address changes required by law, and to clarify and re-adopt the forms and their instructions. Rule 34-8.002, F.A.C. is amended to update the filing year and to clarify that a candidate who files a CE Form 6 with a qualifying officer need not also file the form with a Supervisor of Elections or the Commission on Ethics. Rule 34-8.003, F.A.C. contains a deletion to clarify that judges are not required by law to file financial disclosure (requirement is imposed by the Code of Judicial Conduct) and substitutes "superintendents" of schools for "wardens" to reflect current usage. Rule 34-8.007, F.A.C. contains a deletion of "most recent" in order to clarify attachment of an income tax return to a CE Form 6. Rule 34-8.008, F.A.C. is amended to update the filing year. Rule 34-8.009, F.A.C. is amended to update the filing year and to reflect a legislative change providing that amendments submitted on CE Form 6X prior to September 1 are treated as part of the original filing. Rule 34-8.011, F.A.C. is amended, reflecting a legislative change, to provide procedures for collecting automatic fines for failure to file CE Form 6 financial disclosure forms. Rule 34-8.015, F.A.C. is amended to clarify that the full Commission votes on orders as to waivers by CE Form 6 filers of appeals of financial disclosure fines. Rule 34-8.202, F.A.C. is amended to update the filing year and to clarify that a candidate who files a CE Form 1 with a qualifying officer need not also file with a Supervisor of Elections or the Commission on Ethics. Rule 34-8.208, F.A.C. is amended to update the filing year. Rule 34-8.209, F.A.C. is amended to update the filing year, to clarify that CE Form 1X may be used to correct either CE Form 1 or CE Form 1F, and to clarify that amendments on CE Form 1X received before September 1 are treated as part of the original filing. Rule 34-8.210, F.A.C. is amended, reflecting a legislative change, to provide procedures for collection of automatic fines for failure to file CE Form 1 financial disclosure. Rule 34-8.215, F.A.C. is amended to reflect that the full Commission votes on orders as to waivers of appeals of fines for failure to file CE Form 1 financial disclosure. All of the forms and instructions will reference the 2016 filing year. As a result of a legislative change, a signature line is being added to CE Form 1 and CE Form 1X for a filer to certify completion of ethics training. CE Form 1X is amended to add the option of correcting a CE Form 1F. CE Form 1 and CE Form 1F instructions are amended, as a result of a legislative change, to add board members of Career Source Florida and community redevelopment agencies to the list of appointees required to file CE Form 1. CE Form 6 and CE Form 6F instructions are amended to add "bridge authority" members to the list of officials required to file. CE Form 6 instructions are amended to reflect that CE Form 6 and its attachments are public records and, as such, are required by law to be posted on the Commission's website. CE Form 6X is amended to add the option of correcting a CE Form 6F.

SUBJECT AREA TO BE ADDRESSED: The subject area is financial disclosure.

RULEMAKING AUTHORITY: Art. II, Section 8, Fla. Const., 112.3144, 112.3147, 112.322(9) FS.

LAW IMPLEMENTED: Art. II, Section 8, Fla. Const., 112.3144, 112.3145, 112.322 FS.

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: Lindsey Smith, 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, IF AVAILABLE, IS: Betsy Daley, Senior Attorney, Florida Commission on Ethics

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.