The purpose of the proposed amendment is to clarify language concerning the jurisdiction of the Commission regarding the complaint process. Rule 34-5.0015, F.A.C., is amended to clarify that a complaint concerning breach of public trust is any ...

 

COMMISSION ON ETHICS

RULE NO.:RULE TITLE:

34-5.0015Jurisdiction of the Commission

PURPOSE AND EFFECT: The purpose of the proposed amendment is to clarify language concerning the jurisdiction of the Commission regarding the complaint process. Rule 34-5.0015, F.A.C., is amended to clarify that a complaint concerning breach of public trust is any complaint, filed with the Commission in accordance with the rules of this chapter, which alleges that a public officer or employee has violated a provision of the State Constitution, or of Part III, Chapter 112, F.S., or any other statutory provision within the jurisdiction of the Commission.

SUMMARY: This rulemaking amends Rule 34-5.0015, F.A.C., to clarify that a complaint concerning breach of public trust is any complaint, filed with the Commission in accordance with the rules of this chapter, which alleges that a public officer or employee has violated a provision of the State Constitution, or of Part III, Chapter 112, F.S., or any other statutory provision within the jurisdiction of the Commission.

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 of the regulatory costs, if any, do not exceed nor would 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) FS.

LAW IMPLEMENTED: Art. II, Section 8(f), (h), Fla. Const., 112.322, 112.324 FS.

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

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

PLACE: Third Floor Courtroom, First District Court of Appeal, 2000 Drayton Drive, 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: Caroline Klancke, Attorney, Commission on Ethics

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

34-5.0015 Jurisdiction of the Commission.

Article II, Section 8(f) Florida Constitution, requires the Commission on Ethics “to conduct investigations and make public reports on all complaints concerning breach of public trust by public officers or employees not within the jurisdiction of the judicial qualifications commission.” The rules of this chapter have been promulgated by the Commission to provide the practices and procedures under which the Commission shall exercise this constitutional function. A complaint concerning breach of public trust is any complaint, filed with the Commission in accordance with the rules of this chapter, which alleges that a public officer or employee has violated a provision of the State Constitution, or of Part III, Chapter 112, F.S., or any other statutory provision within the jurisdiction of the Commission which establishes a standard of ethical conduct, a disclosure requirement, or a prohibition applicable to public officers or employees in order to avoid conflicts between public duties and private interests, including without limitation, a violation of Art. II, Sec. 8, Florida Constitution, or of Part III, Chapter 112, F.S. The rules of this chapter also have been promulgated by the Commission to provide the practices and procedures under which the Commission shall exercise its statutory function of investigating complaints of violations of the Code of Ethics for Public Officers and Employees contained in Part III, Chapter 112, F.S.

PROPOSED EFFECTIVE DATE January 1, 2016.

Rulemaking Authority 112.322(9) FS. Law Implemented Art. II, Section 8(f), (h), Fla. Const., 112.322, 112.324 FS. History–New 9-21-77, Amended 7-13-80, Formerly 34-5.015, Amended 7-28-98, ____.

 

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: September 22, 2015

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