The rule is being amended to update three forms which are incorporated by reference in the rule. CE Form 2 is being amended to update a statutory reference. CE Form 10 is being amended to delete a named agency position pursuant to a statutory change....

 

COMMISSION ON ETHICS

RULE NO.:RULE TITLE:

34-7.010List of Forms and Instructions

PURPOSE AND EFFECT: The rule is being amended to update three forms which are incorporated by reference in the rule. CE Form 2 is being amended to update a statutory reference. CE Form 10 is being amended to delete a named agency position pursuant to a statutory change. CE Form 30 is being amended to add a category of filers pursuant to a statutory change.

SUMMARY: This rulemaking affects the CE Form 2 -- Quarterly Client Disclosure; CE Form 10 -- Annual Disclosure of Gifts from Governmental Entities and Direct Support Organizations and Honorarium Event Related Expenses; CE Form 30 -- Donor’s Quarterly Gift Disclosure. The rulemaking affects instructions for filing the forms.

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: Fewer than 100 gift donors and only a small fraction of the 40,000 persons who file financial disclosure will be required to file one or more of the three incorporated forms being amended. Other than the time they expend to complete the forms, any economic impact on these filers is nominal. The Commission absorbs in its annual budget the costs of printing and distributing its forms.

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, Section 8(i), Fla. Const., 112.322(9), F.S.

LAW IMPLEMENTED: Art II, Section 8, Fla. Const., 112.3145, 112.3148, 112.3149, 112.3215, F.S.

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

DATE AND TIME: October 23, 2015, 8:30 a.m.

PLACE: First District Court of Appeal, Third Floor Courtroom, 2000 Drayton Drive, Tallahassee, Florida

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, [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:

 

RULES OF THE

FLORIDA COMMISSION ON ETHICS

RULE 34-7.010

FORMS AND INSTRUCTIONS

34-7.010 List of Forms and Instructions.

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

(a) Form 2, Quarterly Client Disclosure. To be utilized by elected constitutional officers, state officers, local officers, and specified employees for compliance with Section 112.3145(5) 112.3145(4), F.S., http://www.flrules.org/Gateway/reference.asp?No=Ref-______. Effective 1/2001.

(b) through (g) No change.

(h) Form 10, Annual Disclosure of Gifts from Governmental Entities and Direct Support Organizations and Honorarium Related Expenses. To be utilized by persons who are required to File Form 1 or Form 6 and by State procurement employees for compliance with the gift disclosure requirements of Section 112.3148(6), F.S., and the honorarium disclosure requirements of Section 112.3149(6), F.S. http://www.flrules.org/Gateway/reference.asp?No=Ref-______. Effective 1/2015.

(i) Form 30, Donor's Quarterly Gift Disclosure. To be utilized by political committees, lobbyists (persons who for compensation sought to influence the governmental decision making, proposal, or recommendation of an agency), and the partners, firms, principals, and employers of lobbyists for compliance with the gift disclosure requirements of Section 112.3148(5), F.S. https://www.flrules.org/gateway/reference.asp?NO=Ref-          . Effective 1/2015.

(j) No change.

(2) No change.

Rulemaking Authority Art. II, Section 8(i), Fla. Const., 112.31425, 112.3144, 112.3145, 112.3147, 112.3215(14), 112.322(9) FS. Law Implemented Art. II, Section 8(a), (f), (h), Fla. Const., Chapter 2013-36, LOF, 112.313(9), (12), 112.31425, 112.3143, 112.3144, 112.3145, 112.3148, 112.31485, 112.3149, 112.3215 FS. History–New 4-11-76, Formerly 34-7.10-7.22, 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, 11-4-13, 1-1-15,____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Betsy Daley, Senior Attorney, 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: September 21, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 22, 2015