The purpose of the proposed amendment clarifies the Commission staff's handling of complaints alleging errors or omissions on financial disclosure forms and incorporates the deletion of a date resulting from the enactment of Chapter 2014-183, LOF.

 

COMMISSION ON ETHICS

RULE NO.:RULE TITLE:

34-5.002Review for Sufficiency of Allegations of Breach of Public Trust and Order of Preliminary Investigation; Review of Allegations of Failure to Properly Complete Financial Disclosure Forms

PURPOSE AND EFFECT: The purpose of the proposed amendment clarifies the Commission staff's handling of complaints alleging errors or omissions on financial disclosure forms and incorporates the deletion of a date resulting from the enactment of Chapter 2014-183, LOF.

SUMMARY: The amendment deletes the date August 25 from the process under which Commission staff notifies a respondent of a complaint alleging a de minimis error or omission on the respondent’s financial disclosure form and under which the respondent has 30 days to correct such error for no further action to be taken.

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: based on past experiences with complaint procedures and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed and would not be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), F.S.

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: 112.322(9), 120.53 FS.

LAW IMPLEMENTED: Art. II, Section 8, Fla. Const., Chapter 2014-183, Sections 3 and 4, LOF, 112.3144, 112.3145, 112.322, 112.324 FS.

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

DATE AND TIME: September 12, 2014, 8:30 a.m.

PLACE: Senate Office Building, Room 37S, 404 South Monroe Street, Tallahassee, FL

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, 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 IS: Betsy Daley, Senior Attorney, Commission on Ethics

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

34-5.002 Review for Sufficiency of Allegations of Breach of Public Trust and Order of Preliminary Investigation; Review of Allegations of Failure to Properly Complete Financial Disclosure Forms.

(1) through (4)(a) No change.

(b) If a complaint filed after May 1, 2013, alleges an error or omission on an annual CE Form 6 ‒ Full and Public Disclosure of Financial Interests, or CE Form 1 ‒ Statement of Financial Interests, and is filed after August 25 of the year in which the annual disclosure is or was due, the Executive Director shall determine whether the complaint contains any allegations other than allegations of an immaterial, inconsequential, or de minimis error or omission on the disclosure form. If the complaint contains no such allegations, the staff shall take no action on the complaint other than to notify the respondent of the complaint. If the respondent files an amended disclosure correcting the error or omission with the Commission within 30 days of the date the notice is mailed, no further action shall be taken. If the respondent does not file an amended disclosure correcting the error or omission with the Commission within 30 days of the date the notice is mailed, the procedures in subsections (1)-(3), above, shall be followed.

Rulemaking Authority 112.322(9), 120.53 FS. Law Implemented Art. II, Section 8(f), (h), Fla. Const., Chapter 2013-36 Sections 7 and 9, LOF, Chapter 2014-183, Sections 3 and 4, LOF, 112.3144, 112.3145, 112.322, 112.324 FS. History–New 4-7-77, Amended 9-21-77, 7-13-80, 1-12-82, Formerly 34-5.02, Amended 10-29-13,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Virlindia Doss, Executive Director, Commission on Ethics

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Virlindia Doss, Executive Director, Commission on Ethics

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 12, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 12, 2014