Scope and Applicability of Chapter

 

COMMISSION ON ETHICS

RULE NO.:RULE TITLE:

34-18.001Scope and Applicability of Chapter

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 96, May 16, 2019 issue of the Florida Administrative Register.

34-18.001 Scope and Applicability of Chapter.

(1) No change.

(2) Definitions

(a) For the purpose purposes of Article II, Section 8(h)(2) of the Florida Constitution, "disproportionate benefit" means a benefit, privilege, exemption, or result arising from an act or omission by a public officer or public employee inconsistent with the proper performance of his or her public duties not available to similarly situated persons.

(3) The Commission will consider the following factors in determining whether a benefit, privilege, exemption, or result constitutes a "disproportionate benefit":

(a) The number of persons besides the public officer or public employee, his or her spouse, children, employer, or business with which he or she contracts, in which he or she is an officer, a partner, a director, or a proprietor, or in which he or she owns an interest, size of the class who will experience the benefit, privilege, exemption, or result;

(b) No change.

(c) The degree to which the interests of all those who will experience the benefit, privilege, exemption, or result members of the class are affected; and

(d) The degree to which the public officer or public employee, his or her spouse, children, employer, or business with which he or she contracts, in which he or she is an officer, a partner, a director, or a proprietor, or in which he or she owns an interest, receives a greater or more advantageous benefit, privilege, exemption, or result when compared to others who will receive a benefit, privilege, exemption, or result; in the class.

(e) The degree to which there is uncertainty at the time of the abuse of public position as to whether there would be any benefit, privilege, exemption, or result, and, if so, the nature or degree of the benefit, privilege, exemption, or result must also be considered; and

(f) The degree to which the benefit, privilege, exemption or result is not available to similarly situated persons.  As used in this chapter, "similarly situtaed persons" means those with a commonality or like characteristic to the public officer or public employee that is unrelated to the holding of public office or public employment, or a commonality or like characeristic to the public officer's or public employee's spouse, children, or employer, or to any business with which the public officer or public employee contracts, serves as an officer, partner, director, or proprietor, or in which he or she owns an interest.

(4) The requisite intent for finding a violation of the prohibition in Article II, Section 8(h)(2) of the Florida Constitution is that the public officer or public employee acted, or refrained from acting, with a wrongful intent for the purpose of obtaining any benefit, privilege, exemption, or result from the act or omission which is inconsistent with the proper performance of his or her public duties knowledge that his or her action or failure to act would result in a disproportionate benefit.

Rulemaking Authority Article II, Section 8(h)(2), Florida Constitution, 112.322(9) FS. Law Implemented Article II, Section 8(h)(2), Florida Constitution, 112.322(9) FS. History – New ____.