This rulemaking is intended to update the rules to reflect recent statutory changes made to Sections 112.317 and 112.324, Florida Statutes. The changes were made in Ch. 2024-253, Laws of Florida, and became effective on ....

 

COMMISSION ON ETHICS

RULE NOS.:RULE TITLES:

34-5.002Review for Sufficiency of Allegations of Breach of Public Trust and Order of Preliminary Investigation; Review of Allegations of Failure to Properly Complete Financial Disclosure Forms

34-5.0291Award of Attorney’s Fees

PURPOSE AND EFFECT: This rulemaking is intended to update the rules to reflect recent statutory changes made to Sections 112.317 and 112.324, Florida Statutes. The changes were made in Ch. 2024-253, Laws of Florida, and became effective on June 21, 2024. In particular, the rules will be updated to reflect that an allegation in a complaint will be considered legally sufficient for investigation by the Commission on Ethics only if it is based upon personal knowledge or information other than hearsay. Also, the rules will be updated to reflect that candidates for public office who are the subject of an ethics complaint may petition for an award of attorney’s fees.

SUBJECT AREA TO BE ADDRESSED: Review and Investigation of Ethics Complaints; Award of Attorney's Fees

RULEMAKING AUTHORITY: 112.322(9), FS.

LAW IMPLEMENTED: 112.317 and 112.324, FS. (as amended by Ch. 2024-253, Laws of Fla.)

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Gray Schafer, Assistant General Counsel, Florida Commission on Ethics, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.