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

 

COMMISSION ON ETHICS

RULE NOS.:RULE TITLES:

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

PURPOSE AND EFFECT: The purpose of the proposed amendment is to update, clarify, and re-adopt the forms and their instructions incorporated by reference in the aforementioned rules in Chapter 34-8, F.A.C., and to address changes required by law. All of the referenced forms and instructions are being updated to reflect that (1) an active or former officer or employee listed in Section 119.071, F.S., submitting a written request to maintain the confidentiality of their home address must ensure that the request is notarized; (2) bank accounts, debit, charge, and credit card numbers are not required to be listed; (3) members of the governing bodies of large-hub commercial service airports are required to file, unless they are already required to comply with the financial disclosure requirements of s. 8, Article II of the State Constitution; (4) only that alimony considered gross income under federal law is subject to disclosure as a primary source of income; and (5) the statutory basis for Part F of the forms is Section 112.3145(7), F.S. In addition, Rule 34-8.202, F.A.C. is being amended to have the Form 1, and its correlating instructions, reference the 2021 calendar year. And Rule 34-8.208, F.A.C. is being amended to have the Form 1F, and its correlating instructions, reference the 2022 calendar year.

SUMMARY: This rulemaking affects the CE Form 1 -- Statement of Financial Interests; the CE Form 1F -- Final Statement of Financial Interests; and the CE Form 1X -- Amendment to Statement of Financial Interests. The rulemaking also affects instructions for completing these forms.

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 36,000 persons are required by law to file the CE Form 1 (and related forms) each year, depending on their positions. Other than the amount of time they expend to complete the forms, any economic impact is nominal. The Commission absorbs in its annual budget the costs of printing and distributing the forms.

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: 112.3145, 112.3147, 112.322(9), F.S.

LAW IMPLEMENTED: 112.3144, 112.3145, 112.3147, 112.322, 119.071, F.S.

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

DATE AND TIME: September 10, 2021, 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: Gray Schafer, Senior Attorney, Florida Commission on Ethics, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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., 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, 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 CE Form 1 (1/2022) (1/2021), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 12117, 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) through (6) No change.

PROPOSED EFFECTIVE DATE January 1, 2022.

Rulemaking Authority 112.3145, 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,       .

 

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

(1) No change.

(2) The final filing shall be on the form prescribed by the Commission, CE Form 1F – Final Statement of Financial Interests. The CE Form 1F (1/2022) (1/2021), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 12122, 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.

(3) through (4) No change.

PROPOSED EFFECTIVE DATE January 1, 2022.

Rulemaking Authority 112.3145, 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,       .

 

34-8.209 Amended Filing Using the CE Form 1X.

(1) A person may amend his or her statement of financial interests to add to or modify the information reported on the form as originally filed at any time after filing the disclosure form. 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 CE Form 1X (1/2022) (1/2021) http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 12121, 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) No change.

PROPOSED EFFECTIVE DATE January 1, 2022.

Rulemaking Authority 112.3145(9), 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,       .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Gray Schafer, Senior Attorney, Florida Commission on Ethics, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: C. Christopher Anderson, III, Executive Director, Florida Commission on Ethics

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 11, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 10, 2021