The purpose of the proposed amendment is to provide further detail concerning the phrase "provisions of law" in Rule 34-9.006 and to elminate Rule 34-9.0153(3), for which there is no rule-making authority.

 

COMMISSION ON ETHICS

RULE NOS.:RULE TITLES:

34-9.006Commission Disposition of Petition

34-9.0153Action on Recommended Order by the Full Commission

PURPOSE AND EFFECT: The purpose of the proposed amendment is to provide further detail concerning the phrase “provisions of law” in Rule 34-9.006, F.A.C. and to eliminate subsection 34-9.0153(3), for which there is no rule-making authority.

SUMMARY: The addition to Rule 34-9.006, F.A.C. clarifies the process for a hearing granted in absence of a sworn complaint. Subsection 34.90153(3) 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 experiences 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: 112.322(9) FS.

LAW IMPLEMENTED: 112.322(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:

 

34-9.006 Commission Disposition of Petition.

(1) No change.

(2) If the Commission grants a public hearing of the matters alleged, the Commission shall specify whether the hearing shall be before the full Commission, before a single Commissioner as hearing officer, or before the Division of Administrative Hearings; shall determine which provisions of law will be at issue at the hearing; and shall order an investigation to determine whether in fact Petitioner did violate those provisions.

(3) No change.

Rulemaking Authority 112.322(9) FS. Law Implemented 112.322(2) FS. History–New 2-23-77, Amended 9-21-77, Formerly 34-9.06, Amended 2-16-95, 7-28-98, _______.

 

34-9.0153 Action on Recommended Order by the Full Commission.

(1) through (2) No change.

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

Rulemaking Authority 112.322(9) FS. Law Implemented 112.322(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