This Notice replaces and supercedes the Notice of Rule Development published on August 9, 2013, regarding Chapter 34-5, F.A.C. The effect of this rulemaking is to clarify the Commission's complaint handling procedures, provide for the thirty (30) ...  

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    COMMISSION ON ETHICS

    RULE NOS.: RULE TITLES:

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

    34-5.002Review for Sufficiency of Allegations of Breach of Public Trust and Order of Preliminary Investigation

    PURPOSE AND EFFECT: This Notice replaces and supercedes the Notice of Rule Development published on August 9, 2013, regarding Chapter 34-5, F.A.C. The effect of this rulemaking is to clarify the Commission's complaint handling procedures, provide for the thirty (30) day "black-out" that prohibits the filing of a complaint within 30 days of an election, and explains the process that will be followed when a complaint alleges an error or omission on a CE Form 6 or CE Form 1.

    SUBJECT AREA TO BE ADDRESSED: This rulemaking amends the staff procedures for handing complaints, increases the length of the "black-out" period from 5 days to 30 days for prohibiting the filing of complaints prior to an election, and provides a process to amend financial disclosure forms where a complaint is filed alleging that a respondent made an error or omission that is immaterial, inconsequential, or de mininimis.

    RULEMAKING AUTHORITY: 112.322(9), 120.53 FS.

    LAW IMPLEMENTED: Art. II, Sec. 8(f), (h), Fla. Const., Chapter 2013-36, Sections 7, 9, and 17, LOF, 112.322, 112.324 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 three (3) days before the workshop/meeting by contacting: Millie Fulford, Executive Secretary, 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: Julie Costas, Assistant General Counsel, Commission on Ethics

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

     

Document Information

Subject:
This rulemaking amends the staff procedures for handing complaints, increases the length of the "black-out" period from 5 days to 30 days for prohibiting the filing of complaints prior to an election, and provides a process to amend financial disclosure forms where a complaint is filed alleging that a respondent made an error or omission that is immaterial, inconsequential, or de mininimis.
Purpose:
This Notice replaces and supercedes the Notice of Rule Development published on August 9, 2013, regarding Chapter 34-5, F.A.C. The effect of this rulemaking is to clarify the Commission's complaint handling procedures, provide for the thirty (30) day "black-out" that prohibits the filing of a complaint within 30 days of an election, and explains the process that will be followed when a complaint alleges an error or omission on a CE Form 6 or CE Form 1.
Rulemaking Authority:
112.322(9), 120.53 FS.
Law:
Art. II, Sec. 8(f), (h), Fla. Const., Chapter 2013-36, Sections 7, 9, and 17, LOF, 112.322, 112.324 FS.
Contact:
Julie Costas, Assistant General Counsel, Commission on Ethics
Related Rules: (2)
34-5.001. Staff Procedures Upon Receipt of a Complaint of Breach of Public Trust
34-5.002. Review for Sufficiency of Allegations of Breach of Public Trust and Order of Preliminary Investigation