Rulemaking is needed to account for a recent statutory change to Section 112.3215(8)(d), Florida Statute, by Chapter 2023-49, Laws of Florida. This change modified how the Commission on Ethics may dispose of complaints ....

 

COMMISSION ON ETHICS

RULE NO.: RULE TITLE:

34-12.750: Probable Cause Hearing

PURPOSE AND EFFECT: Rulemaking is needed to account for a recent statutory change to Section 112.3215(8)(d), Florida Statute, by Chapter 2023-49, Laws of Florida. This change modified how the Commission on Ethics may dispose of complaints or investigations resulting from complaints or random audits of lobbying reports. It specifies these types of proceedings may be dismissed at any stage of disposition if the Commission determines that it would not serve the public interest to proceed further. Currently, Rule 34-12.750(3) requires these matters to proceed to a probable cause hearing, and states these types of matters can only be dismissed based on a finding of no probable cause. The rulemaking would update this portion of the Rule to account for the statutory change.

SUMMARY: An addition will be made to Rule 34-12.750(3) to indicate that the Commission on Ethics may dismiss a complaint concerning a violation of Section 112.3215 at any stage of disposition if it determines that the public interest will not be served by proceeding further. The addition will also indicate, tracking the language in Chapter 2023-49, that the Commission's dismissal order will state with particularity its reasons for the dismissal.

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, the adverse impact or regulatory costs, if any, do not exceed and would not be expected to exceed any one of the economic criteria set forth in Section 120.541, FS.

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: Sections 112.3215 and 112.322(9), Florida Statutes

LAW IMPLEMENTED: Section 112.3215(8)(d), Florida Statutes

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

DATE AND TIME: December 1, 2023, 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: Steven J. Zuilkowski, General Counsel, or Gray Schafer, Assistant General Counsel, Florida Commission on Ethics, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

34-12.750 Probable Cause Hearing.

(1) No change.

(2) No change.

(3) Disposition of Complaint. At the probable cause hearing the Commission may find that there is probable cause to believe that the Respondent committed one or more violations of Section 112.3215, F.S.; may find that there is no probable cause to believe that the Respondent violated Section 112.3215, F.S., and dismiss the complaint; or may continue the hearing to allow further investigation.  The Commission may also dismiss a complaint at any stage of disposition if it determines that the public interest is not served by proceeding futher, in which case the Commission must issue a public report stating with particularity its reasons for the dismissal.

PROPOSED EFFECTIVE DATE January 4, 2024.

Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented 112.3215 FS. History–New 10-12-89, Amended 7-2-00,       .

 

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: October 25, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 5, 2023