This amendment relates to material incorporated by reference within these rules. Each rule contains instructions for how to complete a certain type of financial disclosure form (i.e., the CE Form 6 - Full and Public Disclosure ....

 

COMMISSION ON ETHICS

RULE NO.:RULE TITLE:

34-8.001General

34-8.002General Rules for Filing the CE Form 6 - Full and Public Disclosure of Financial Interests

34-8.008Final Filing Using the CE Form 6F

34-8.009Amended Filing Using the CE Form 6X

34-8.202General Rules for Filing the CE Form 1 - Statement of Financial Interests

34-8.208Final Filing Using the CE Form 1F

34-8.209Amended Filing Using the CE Form 1X

PURPOSE AND EFFECT: This amendment relates to material incorporated by reference within these rules. Each rule contains instructions for how to complete a certain type of financial disclosure form (i.e., the CE Form 6 - Full and Public Disclosure of Financial Interests, the CE Form 6F- Final Full and Public Disclosure of Financial Interests, the CE Form 6X - Amendment to Full and Public Disclosure of Financial Interests, the CE Form 1 - Statement of Financial Interests, the CE Form 1F - Final Statement of Financial Interests, and the CE Form 1X - Amendment to Statement of Financial Interests). The purpose of the proposed amendments is to update, clarify, and re-adopt these instructions. The updates/clarifications are explained in the summary section of this Notice.

SUMMARY: The following changes will be made to the instructions: (1) State the possible penalty for failure to make a required disclosure is raised to $20,000, pursuant to law (change needed on instructions for the CE Form 6, CE Form 1, CE Form 1F, and CE Form 1X); (2) Indicate that, for attorneys completing the form, if disclosure of the identity of a legal client as a primary or secondary source of income would place them in violation of confidentiality or privilege pursuant to the laws or rules governing attorneys, they may write "Legal Client" without providing further information (change needed on instructions for the CE Form 1, CE Form 1F, and CE Form 1X); (3) Update the calendar years in any dates (change needed on instructions for the CE Form 6 and CE Form 1); (4) State the "Training" section is applicable to elected local officers of independent special districts and any person appointed to fill such a vacancy (change needed on the instructions for the CE Form 6, CE Form 6X, CE Form 1, and CE Form 1X); (5) Indicate the value of real property may be determined by its market value for tax purposes (change needed for the CE Form 1, CE Form 1F, and CE Form 1X); (6) Correct any discrepancy in singular/plural noun usage (change needed for the CE Form 6 and CE Form 6F); and (7) Indicate that, during the pendency of ongoing litigation, mayors and elected members of municipal governing bodies will have to file a CE Form 1 (change needed on instructions for CE Form 6 and CE Form 6F).

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: Approximately 40,000 persons are required by law to file the CE Form 6 or CE Form 1 (and related forms) each year, depending on their positions. Other than the amount of time they expend to complete the forms, any economic impact is nominal. The Commission absorbs in its annual budget the costs of creating and maintaining the electronic filing system which is used to submit the various types of disclosure filings.

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, Fla. Const., 112.3144, 112.3145, 112.3147, 112.322(9), F.S.

LAW IMPLEMENTED: Art. II, Section 8, Fla. Const., 112.3144, 112.3145, 112.3147, F.S.

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

DATE AND TIME: October 25, 2024, 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: 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 IS: Gray Schafer, Assistant General Counsel, Florida Commission on Ethics [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

34-8.001 General.

(1) No change.

(2) As used in this chapter and as referenced in the electronic filing system created and maintained by the Commission as provided in Section 112.31446, F.S., unless the context otherwise requires:

a. “CE Form 6 – Full and Public Disclosure of Financial Interests” means the fields of information required to complete the full and public disclosure requirements of Section 8, Art. II of the State Constitution, as set forth by the instructions available at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX 16531 (1/2025) (4/2024).

b. “CE Form 6F – Final Full and Public Disclosure of Financial Interests” means the fields of information required to complete the final disclosure statement required by Section 112.3144(10), F.S., as set forth by the instructions available at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX 16533 (1/2025) (4/2024).

c. “CE Form 6X – Amendment to Full and Public Disclosure of Financial Interests” means the fields of information required on an amendment to a full and public disclosure of financial interest submitted pursuant to Section 112.3144(11), F.S., as set forth by the instructions available at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX 16535 (1/2025) (4/2024).

d. "CE Form 1 – Statement of Financial Interests" means the fields of information required to complete the statement of financial interests requirements of s. 112.3145, Florida Statutes, as set forth by the instructions available at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX 16537 (1/2025) (4/2024).

e. "CE Form 1F – Final Statement of Financial Interests" means the fields of information required to complete the final disclosure statement required by s. 112.3145(2)(b), Florida Statutes, as set forth by the instructions available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 15817 (1/2025) (1/2024).

f. "CE Form 1X – Amendment to Statement of Financial Interests" means the fields of information required on an amendment to a statement of financial interests submitted pursuant to s. 112.3145(13), Florida Statutes, as set forth by the instructions available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 16539 (1/2025) (4/2024).

PROPOSED EFFECTIVE DATE  January 1, 2025

Rulemaking Authority Art. II, Section 8, Fla. Const., 112.3144, 112.31446, 112.3145, 112.3147, 112.322(9) FS. Law Implemented Art. II, Section 8, Fla. Const., 112.3144, 112.3145 FS. History–New 4-7-77, Formerly 34-8.01, Amended 8-7-94, 11-7-01, 1-1-22, 1-1-23, 1-1-24, 4-11-24, 1-1-25.

 

34-8.002 General Rules for Filing the CE Form 6 – Full and Public Disclosure of Financial Interests.

(1) Every person who holds an office specified in Rule 34-8.003, F.A.C., must file full and public disclosure of his or her financial interests with the Commission by July 1 of each year during which he or she is in office, and every person who held an office specified in Rule 34-8.003, F.A.C., on December 31st of a year must file full and public disclosure of his or her financial interests with the Commission by July 1 of the following year, except that candidates who have already filed with a qualifying officer as part of qualifying are not required to also file with the Commission. Full and public disclosure of financial interests means completing, through the electronic filing system created and maintained by the Commission as provided in Section 112.31446, F.S., a sworn disclosure filing, identified in the system as the CE Form 6 – Full and Public Disclosure of Financial Interests, showing net worth, assets, liabilities, and sources of income. The instructions for completing the Full and Public Disclosure of Financial Interests (1/2025) (4/2024) https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 16532, are incorporated by reference herein and may be obtained without cost from the Florida Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us. A candidate for an elective office specified in Rule 34-8.003, F.A.C., or otherwise specified by law must file this information prior to or at the time he or she qualifies as a candidate.

(2) through (4) No change.

PROPOSED EFFECTIVE DATE January 1, 2025

Rulemaking Authority Art. II, Section 8, Fla. Const., 112.3144, 112.31445, 112.31446, 112.3145, 112.3147, 112.322(9) FS. Law Implemented Art. II, Section 8, Fla. Const., 112.3144 FS. History–New 4-7-77, Amended 10-3-84, Formerly 34-8.02, Amended 8-7-94, 7-2-00, 11-7-01, 1-19-11, 1-1-12, 1-1-13, 1-1-14, 1-1-15, 1-1-16, 1-1-17, 1-1-18, 1-1-19, 1-1-20, 1-1-21, 1-1-22, 1-1-23, 1-1-24, 4-11-24, 1-1-25.

 

34-8.008 Final Filing Using the CE Form 6F.

(1) Each person who is required to file full and public disclosure of financial interests shall, within 60 days of leaving his or her public position, complete and file through the electronic filing system created and maintained by the Commission as provided in Section 112.31446, F.S., a final disclosure statement covering the period between January 1 of the year in which the person leaves and his or her last day in the position, unless he or she takes another position within that 60-day period which requires full and public disclosure. The final filing shall be identified in the system as the CE Form 6F – Final Full and Public Disclosure of Financial Interests. The instructions for completing the Final Full and Public Disclosure of Financial Interests (1/2025) (4/2024), https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 16534, are incorporated by reference herein and may be obtained without cost from the Florida Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us. The filer may include attachments or other supporting documentation when filing a disclosure.

(2) through (3) No change.

PROPOSED EFFECTIVE DATE January 1, 2025

Rulemaking Authority Art. II, Section 8, Fla. Const., 112.3144, 112.31446, 112.3147, 112.322(9) FS. Law Implemented Art. II, Section 8, Fla. Const., 112.3144(5) FS. History–New 11-7-01, Amended 1-19-11, 1-1-12, 1-1-13, 1-1-14, 1-1-15, 1-1-16, 1-1-17, 1-1-18, 1-1-19, 1-1-20, 1-1-21, 1-1-22, 1-1-23, 1-1-24, 4-11-24, 1-1-25.

 

34-8.009 Amended Filing Using the CE Form 6X.

(1) At any time after submitting the CE Form 6 – Full and Public Disclosure of Financial Interests, a person may amend his or her original disclosure filing to add to or modify the information originally reported. Filers shall complete an amended filing through the electronic filing system created and maintained by the Commission as provided in Section 112.31446, F.S., which will allow them to access and complete the disclosure filing identified in the system as the CE Form 6X – Amendment to the Full and Public Disclosure of Financial Interests. The instructions for completing the Amendment to the Full and Public Disclosure of Financial Interests (1/2025) (4/2024), https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 16536, are incorporated by reference herein and may be obtained without cost from the Florida Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us. The filer may include attachments or other supporting documentation when filing a disclosure.

(2) through (3) No change.

PROPOSED EFFECTIVE DATE January 1, 2025

Rulemaking Authority Art. II,, Section 8, Fla. Const., 112.3144, 112.31446, 112.3147, 112.322(9) FS. Law Implemented Art. II,, Section 8, Fla. Const., 112.3144(7) FS. History–New 11-7-01, Amended 1-19-11, 1-1-12, 1-1-13, 1-1-14, 1-1-15, 1-1-16, 1-1-17, 1-1-18, 1-1-20, 1-1-21, 1-1-22, 1-1-24, 4-11-24, 1-1-25.

 

34-8.202 General Rules for Filing the CE Form 1 – Statement of Financial Interests.

(1) A person who was a local officer as defined in Section 112.3145, F.S., except for those local officers specified in Section 112.3144(1)(d), F.S., on December 31st of a year must file by July 1 of the following year a statement of financial interests on the form prescribed by the Commission, CE Form 1 – Statement of Financial Interests. A statement of financial interests means completing, through the electronic filing system created and maintained by the Commission as provided in s. 112.31446, a disclosure filing, identified in the system as the CE Form 1 – Statement of Financial Interests. The instructions for completing the Statement of Financial Interests (1/2025) (4/2024), https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 16538, are incorporated by reference herein and may be obtained without cost from the Florida Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us.

(2) through (6) No change.

PROPOSED EFFECTIVE DATE January 1, 2025

Rulemaking Authority 112.3145, 112.31445, 112.31446, 112.3147, 112.322(9) FS. Law Implemented 112.3145, 112.312(10) FS. History–New 11-7-01, Amended 1-19-11, 1-1-12, 1-1-13, 1-1-14, 1-1-15, 1-1-16, 1-1-17, 1-1-18, 1-1-19, 1-1-20, 1-1-21, 1-1-22, 1-1-23, 1-1-24, 4-11-24, 1-1-25.

 

34-8.208 Final Filing Using the CE Form 1F.

(1) No change.

(2) The final filing shall be identified in the system as the CE Form 1F – Final Statement of Financial Interests. The instructions for completing the Final Statement of Financial Interests (1/2025) (1/2024), https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 15818, are incorporated by reference herein and may be obtained without cost from the Florida Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us. The filer may include attachments or other supporting documentation when filing a disclosure.

(3) through (4) No change.

PROPOSED EFFECTIVE DATE January 1, 2025

Rulemaking Authority 112.3145, 112.31446, 112.3147, 112.322(9) FS. Law Implemented 112.3145 FS. History–New 11-7-01, Amended 1-19-11, 1-1-12, 1-1-13, 1-1-14, 1-1-15, 1-1-16, 1-1-17, 1-1-18, 1-1-19, 1-1-20, 1-1-21, 1-1-22, 1-1-23, 1-1-24, 1-1-25.

 

34-8.209 Amended Filing Using the CE Form 1X.

(1) At any time after submitting the CE Form 1 – Statement of Financial Interests, a person may amend his or her original disclosure filing to add to or modify the information originally reported. Filers shall complete an amended filing through the electronic filing system created and maintained by the Commission as provided in s. 112.31446, Florida Statutes, which will allow them to access and complete the disclosure filing identified in the system as the CE Form 1X – Amendment to Statement of Financial Interests. The instructions for completing the Amendment to Statement of Financial Interests (1/2025) (4/2024) https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 16540, is incorporated by reference herein and may be obtained without cost from the Florida Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us. The filer may include attachments or other supporting documentation when filing a disclosure.

(2) No change.

PROPOSED EFFECTIVE DATE January 1, 2025

Rulemaking Authority 112.3145(13), 112.31446, 112.3147, 112.322(9) FS. Law Implemented 112.3145(9) FS. History–New 11-7-01, Amended 1-19-11, 1-1-12, 1-1-13, 1-1-14, 1-1-15, 1-1-16, 1-1-17, 1-1-18, 1-1-20, 1-1-21, 1-1-22, 1-1-24, 4-11-24, 1-1-25.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Gray Schafer, Assistant General Counsel, Florida Commission on Ethics [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kerrie J. Stillman, Executive Director, Florida Commission on Ethics

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 24, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 24, 2024