This rulemaking is intended to update the rules to reflect recent statutory changes made to Section 112.324, Florida Statutes. The changes were made in Ch. 2024-253, Laws of Florida, and will become effective on October ....

 

COMMISSION ON ETHICS

RULE NOS.:RULE TITLES:

34-17.004Staff Procedures upon Receipt of a Referral

34-17.005Review for Sufficiency of Allegations of Breach of Public Trust and Ordering Preliminary Investigation

PURPOSE AND EFFECT: This rulemaking is intended to update the rules to reflect recent statutory changes made to Section 112.324, Florida Statutes. The changes were made in Ch. 2024-253, Laws of Florida, and will become effective on October 1, 2024. In particular, the rules will be updated to reflect that a copy of a referral received by the Commission on Ethics will be transmitted to the respondent within 5 days of its receipt. Also, the rules will be updated to remove the requirement that six members of the Commission must find a referral to be legally sufficient before an investigation can be conducted, and will reflect that a referral can be investigated if the Commission's Executive Director finds its allegations legally sufficient.

SUBJECT AREA TO BE ADDRESSED: Review and Investigation of Referrals

RULEMAKING AUTHORITY: 112.322(9), FS.

LAW IMPLEMENTED: 112.324, FS. (as amended by Ch. 2024-253, Laws of Fla.)

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: 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Gray Schafer, Assistant General Counsel, Florida Commission on Ethics, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.