The purpose of the amendment to Rule 34-7.010 is to add a new form to be used to certify a public officer's qualified blind trust—CE Form 40, and to amend the voting conflict forms—CE Form 8A and CE Form 8B—to reflect changes in the process for ...

 

COMMISSION ON ETHICS

RULE NO.:RULE TITLE:

34-7.010List of Forms and Instructions

PURPOSE AND EFFECT: The purpose of the amendment to Rule 34-7.010 is to add a new form to be used to certify a public officer's qualified blind trust – CE Form 40, and to amend the voting conflict forms – CE Form 8A and CE Form 8B – to reflect changes in the process for declaring voting conflicts for both state and local officers as a result of the enactment of Chapter 2013-36, L.O.F.

SUMMARY: CE Form 8A (Memorandum of Voting Conflict for State Officers), CE Form 8B (Memorandum of Voting Conflict for County, Municipal, and Other Local Officers, and a new form – CE Form 40 (Certification by Trustee of Qualified Blind Trust), are affected by this rulemaking.

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 filing of the referenced forms only affects public officials, not small businesses. There is no discernable impact on small businesses.

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, Sec. 8(i), Fla. Const., 112.3144, 112.3145, 112.3147, 112.3215(14), 112.322(9) FS.

LAW IMPLEMENTED: Art. II, Sec. 8(a), (f), (h), Fla. Const., 112.313(9), (12), 112.31425, 112.3143, 112.3144, 112.3145, 112.3148, 112.3149, 112.3215 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. 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: Julia Cobb Costas, Assistant General Counsel

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

34-7.010 List of Forms and Instructions.

(1) The following forms and instructions are adopted by reference and are used by the Commission in its dealings with the public:

(a) through (d) No change.

(e) Form 8A, Memorandum of Voting Conflict for State Officers. To be utilized by public officers serving at the State level of government for compliance with Section 112.3143, F.S. Effective _______ 1/2000.

(f) Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers. To be utilized by public officers serving at local levels of government for compliance with Section 112.3143, F.S. Effective _______ 1/2000.

(g) through (i) No change.

(j) Form 40, Certification by Trustee of Qualified Blind Trust. To be utilized by a public officer who elects to create a qualified blind trust pursuant to Section 112.31425, F.S. Effective________.

(2) Any of the above forms and instructions may be obtained without cost upon request to the Florida Commission on Ethics, Post Office Drawer 15709, Tallahassee, Florida 32317-5709 and may also be downloaded from the Commission’s website: www.ethics.state.fl.us.

Rulemaking Authority Art. II, Sec. 8(i), Fla. Const., 112.3144, 112.3145, 112.3147, 112.3215(14), 112.322(9) FS. Law Implemented Art. II, Sec. 8(a), (f), (h), Fla. Const., 112.313(9), (12), 112.31425, 112.3143, 112.3144, 112.3145, 112.3148, 112.3149, 112.3215 FS. History–New 4-11-76, Formerly 34-7.10 through 7.22, 8.10, Amended 2-23-77, 4-7-77, 5-17-77, 10-20-77, 2-25-79, 1-29-80, 4-29-81, 1-12-82, 3-25-82, 2-21-83, Formerly 34-7.10, Amended 7-10-88, 3-4-91, 10-6-91, 10-29-91, 12-22-91, 7-5-92, 10-15-92, 12-6-92, 11-10-93, 12-27-93, 11-21-94, 2-16-95, 12-26-95, 1-27-97, 1-1-98, 1-1-99, 1-1-00, 12-4-00, 12-21-00, 10-14-01, 11-22-01, 1-1-02, 1-1-03, 1-1-04, 1-1-05, 1-1-06, 6-15-06, 1-1-07, 1-1-10, 8-18-10, 1-1-11, 1-19-11,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Julia Cobb Costas, Assistant General Counsel

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 8, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 1, 2013