The purpose of the amendments are to update and re-adopt the Form 6, Form 6F, Form 1, and Form 1F, and any correlating instructions, incorporated by reference in the aforementioned rules in Chapter 34-8, F.A.C. The updates ....

 

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

34-8.008Final Filing Using the CE Form 6F

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

34-8.208Final Filing Using the CE Form 1F

PURPOSE AND EFFECT: The purpose of the amendments are to update and re-adopt the Form 6, Form 6F, Form 1, and Form 1F, and any correlating instructions, incorporated by reference in the aforementioned rules in Chapter 34-8, F.A.C. The updates solely concern changes to the calendar years referenced in the Forms and instructions. In particular: (1) Rules 34-8.001(2)a. and 34-8.002, F.A.C. are being updated to have the instructions for the Form 6 reference the 2022 calendar year; (2) Rules 34-8.001(2)b. and 34-8.008, F.A.C. are being updated to have the instructions for the Form 6F reference the 2023 calendar year; (3) Rule 34-8.202, F.A.C. is being updated to have the Form 1 and its correlating instructions reference the 2022 calendar year; and (4) Rule 34-8.208, F.A.C. is being updated to have the Form 1F and its correlating instructions reference the 2023 calendar year.

SUMMARY: This rulemaking updates the calendar years referenced in the CE Form 6 - Full and Public Disclosure of Financial Interests; the CE Form 6F - Final Full and Public Disclosure of Financial Interests; the CE Form 1 - Statement of Financial Interests; and the CE Form 1F - Final 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 38,600 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 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. In addition, the rulemaking herein simply is intended to update the calendar years listed on 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: Art. II, Section 8, Fla. Const., 112.3144, 112.3145, 112.3147, 112.322(9), F.S.

LAW IMPLEMENTED: Art. II, Section 8, Fla. Const., 112.3144, 112.3145, 112.3147, 112.322, F.S.

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

DATE AND TIME: September 9, 2022, 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, 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 13875 (1/2023) (1/2022).

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 13876 (1/2023) (1/2022).

c. No change.

PROPOSED EFFECTIVE DATE January 1, 2023.

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,       .

 

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 (1/2023) (1/2022) http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 13878, 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) through (4) No change.

PROPOSED EFFECTIVE DATE January 1, 2023.

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

 

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 (1/2023) (1/2022), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 13879, 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.

(2) through (3) No change.

PROPOSED EFFECTIVE DATE January 1, 2023.

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,       .

 

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 (1/2023) (1/2022), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 13570, 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, 2023.

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, 1-1-22,       .

 

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 (1/2023) (1/2022), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 13572, 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, 2023.

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, 1-1-22,       .

 

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 Stillman, Executive Director, Florida Commission on Ethics

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 11, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 11, 2022