The proposed new rule Chapter 34-16 sets forth procedures for reasonable opportunities for the public to be heard during public meetings of the Florida Commission on Ethics.

 

COMMISSION ON ETHICS

RULE NOS.:RULE TITLES:

34-16.001Scope and Applicability of Chapter

34-16.002Amount of Time for Individual Members of the Public to Address the Commission

34-16.003Procedure for Group Representative to Address the Commission

34-16.004Procedure for Informing Commission of Individual's Desire to be Heard or to Indicate Designation of a Representative Speaker

34-16.005Designation of Specified Time Period for Public Comment

PURPOSE AND EFFECT: The proposed new rule Chapter 34-16 sets forth procedures for reasonable opportunities for the public to be heard during public meetings of the Florida Commission on Ethics.

SUMMARY: Under a new statutory provision (Chapter 2013-227, Section 1, LOF, 286.0114, F.S.), the Legislature requires boards and commissions, including the Florida Commission on Ethics, to adopt rules or policies in compliance with the statute, which requires such boards and commissions to provide reasonable opportunities to be heard to members of the public.

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: The agency has determined that this rule could have a negative impact on the Florida Commission on Ethics through added travel costs for Commission members, resulting from extending the length of meetings to accommodate public comment.

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), 286.0114 FS.

LAW IMPLEMENTED: 286.0114 FS.

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

DATE AND TIME: September 13, 2013, 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: Millie Fulford, Executive Secretary, 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: Betsy Daley, Senior Attorney, Commission on Ethics, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

34-16.001 Scope and Applicability of Chapter.

The Rules in this Chapter 34-16, F.A.C., shall govern the procedures for reasonable opportunities for members of the public to be heard during public meetings of the Florida Commission on Ethics under Section 286.0114(4), Florida Statutes. On the effective date of this chapter, the rules of procedure of this chapter shall govern public opportunity to be heard at public meetings of the Commission. These rules do not apply to quasi-judicial actions of the Commission, including adoption of advisory opinions and action on complaints. These rules do not apply to Commission rulemaking proceedings pursuant to Chapter 120, Florida Statutes, which contain separate procedures for public comment. All individuals who request an opportunity to speak at a public Commission meeting will be allowed to speak within the guidelines provided in this rule chapter.

Rulemaking Authority 112.322(9), 286.0114 FS. Law Implemented Art. II, Section 8, Fla. Const., Chapter 2013-227, Section 1, LOF, 286.0114 FS. History–New _________.

 

34-16.002 Amount of Time for Individual Members of the Public to Address the Commission.

During a public meeting of the Commission, each speaker will be allowed to speak for up to three minutes. The Chair may impose a cumulative time limit for all public comment on any specific agenda item. A Commission staff member will keep time for each speaker and inform the Chair when the speaker's time has expired. The Commission may use such timing devices as may be practicable to ensure that time limits are observed.

Rulemaking Authority 112.322(9), 286.0114 FS. Law Implemented Art. II, Section 8, Fla. Const., Chapter 2013-227, Section 1, LOF, 286.0114 FS. History–New _________.

 

34-16.003 Procedure for Group Representative to Address the Commission.

The Chair will, where appropriate, encourage members of an organization to defer their time to a representative of their organization to speak on their behalf. At any Commission meeting during which a large number of individuals wish to speak, the Chair may require any group, faction, or organization to select a representative to speak on behalf of that group, faction, or organization. The Chair will ask speakers to refrain from repeating comments made by individual members of the public who have previously spoken.

Rulemaking Authority 112.322(9), 286.0114 FS. Law Implemented Art. II, Section 8, Fla. Const., Chapter 2013-227, Section 1, LOF, 286.0114 FS. History–New _________.

 

34-16.004 Procedure for Informing Commission of Individual's Desire to be Heard or to Indicate Designation of a Representative Speaker.

A member of the Commission staff will manage a list of individuals who wish to speak during a Commission meeting. The list will indicate the speaker's name and address; the name of the speaker's organization, if any; whether the speaker wishes to be heard through a representative; the item about which the speaker wishes to comment; and whether the speaker supports, opposes, or remains neutral as to a proposition.

Rulemaking Authority 112.322(9), 286.0114 FS. Law Implemented Art. II, Section 8, Fla. Const., Chapter 2013-227, Section 1, LOF, 286.0114 FS. History–New _________.

 

34-16.005 Designation of Specified Time Period for Public Comment.

During a public meeting of the Commission, public comment, if any, will be heard immediately after the staff presentation, if any, on the matter.

Rulemaking Authority 112.322(9), 286.0114 FS. Law Implemented Art. II, Section 8, Fla. Const., Chapter 2013-227, Section 1, LOF, 286.0114 FS. History–New _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Betsy Daley, Senior Attorney, Florida Commission on Ethics

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 14, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 16, 2013