The purpose of the proposed amendment is to eliminate specific references to discovery rules in Rule 34-15.081, as these references may change over time, and to eliminate Rule 34-15.024(4), for which there is no rule-making authority.

 

COMMISSION ON ETHICS

RULE NOS.:RULE TITLES:

34-15.0181Subpoenas for Discovery; Discovery

34-15.024Action on Recommended Final Order by the Full Commission

PURPOSE AND EFFECT: The purpose of the proposed amendment is to eliminate specific references to discovery rules in Rule 34-15.081, as these references may change over time, and to eliminate Rule 34-15.024(4), for which there is no rule-making authority.

SUMMARY: The elimination of specific references to discovery rules in Rule 34-15.0181 allows the Commission to remain flexible and adjust to whatever changes may be made in the future to the Florida Rules of Civil Procedure. Rule 34-15.024(4) is being eliminated as it lacks rule-making authority.

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 experience with rules of this nature, the adverse impact or regulatory cost, if any, do not exceed and would not 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: 11.062(2) FS.

LAW IMPLEMENTED: 11.062(2) 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: 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: Grayden Schafer, Senior Attorney, Commission on Ethics, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

34-15.0181 Subpoenas for Discovery; Discovery.

At any time after the Commission orders a public hearing of the matter, the Commission may issue subpoenas to effect discovery upon the written request of respondent or Advocate. The requesting person shall give the name and address of each witness he wishes to have deposed and shall describe with particularity those documents or other items that the person wishes to have the witness to produce, bring or deliver pursuant to a subpoena duces tecum. Subpoenas shall be issued by the Chairman or other authorized member of the Commission and shall be promptly served. The respondent is responsible for service of subpoenas requested by him. Parties may also obtain discovery through the means and in the manner provided in Rules 1.280 through 1.400, F.A.C. the Florida Rules of Civil Procedure. The presiding officer may issue appropriate orders to effectuate the purposes of discovery and to prevent delay.

Rulemaking Authority 11.062(2) FS. Law Implemented 11.062(2) FS. History–New 2-16-95, Amended ____.

 

34-15.024 Action on Recommended Final Order by the Full Commission.

(1) through (3) No change.

(4) A commission member who participated in the hearing may participate with the full Commission in the formulation of the final order.

Rulemaking Authority 11.062(2) FS. Law Implemented 11.062(2) FS. History–New 2-16-95, Amended 7-28-98, ____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Grayden Schafer, Senior Attorney, Commission on Ethics, [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 3, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 1, 2015