This rulemaking is intended to update certain rules within Chapter 34-17, F.A.C., to reflect amendments made by Ch. 2024-253, Laws of Florida, to Section 112.324, Florida Statutes. These statutory changes become effective ....

 

COMMISSION ON ETHICS

RULE NO.:RULE TITLE:

34-17.004Staff Procedures upon Receipt of a Referral

34-17.005Review for Sufficiency of Allegations of Breach of Public Trust and Order of Preliminary Investigation

PURPOSE AND EFFECT: This rulemaking is intended to update certain rules within Chapter 34-17, F.A.C., to reflect amendments made by Ch. 2024-253, Laws of Florida, to Section 112.324, Florida Statutes. These statutory changes become effective on October 1, 2024. The effect of the change, all of which are in accordance with the statutory amendments, will be to set a timeline for the Commission to send a copy of a referral to a respondent, to allow the Commission's Executive Director to order that a referral be investigated, and to clarify the procedure if a referral is not found legally sufficient for investigation.

SUMMARY: Rule 34-17.004(2) will be amended to reflect that the Commission's staff must send a copy of a referral concerning a violation of a prohibition over which the Commission has jurisdiction to the alleged violator within 5 days of its receipt. Rule 34-17.005(2) will be amended to remove the requirement that at least six Commissioners must find a referral legally sufficient in order for it to be investigated. This subsection also will be updated to reflect that a referral can be investigated if the Commission's Executive Director finds it to be legally sufficient. And Rule 34-17.005(3) will be amended to reflect that if the Executive Director does not find a referral legally sufficient for investigation, the Commission must approve that finding during executive session.

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: considering that these changes pertain only to the internal processes of the Commission (i.e., the procedural handling of an ethics referral and the manner in which the Commission internally reviews and chooses to investigate a referral), the adverse impact or regulatory cost, if any, do not exceed and would not be expected to exceed any one of the economic criteria set forth in Section 120.541(2)(a), 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: 112.322(9), FS.

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

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

DATE AND TIME: September 13, 2024, 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: Gray Schafer, Assistant General Counsel, Florida Commission on Ethics, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

34-17.004 Staff Procedures Upon Receipt of a Referral.

(1) No change.

(2) A copy of the original referral shall be transmitted to the respondent by Commission staff within five (5) days of its receipt.

(3)(2) No change.

Rulemaking Authority 112.322(9) FS. Law Implemented Art. II, Section 8, Fla. Const., 112.322, 112.324 FS. History‒New 11-24-13, Amended        .

 

34-17.005 Review for Sufficiency of Allegations of Breach of Public Trust and Order of Preliminary Investigation.

(1) The referral shall be reviewed by the Executive Director in order to determine make a recommendation of whether or not it is sufficient to allege a breach of public trust or a violation of Chapter 112, Part III, F.S. A referral shall not be insufficient because it is based upon evidence which would be hearsay evidence in a court of law. In order to make this determination, the Executive Director may request additional information from the referring agency and may obtain information from public records.

(2) If the Executive Director finds believes that the referral is sufficient to invoke the jurisdiction of the Commission, a written recommendation will be considered by the Commission in executive session. If at least six members of the Commission find that the referral is legally sufficient, an order to investigate the referral shall be entered and transmitted to the Respondent within five (5) days of the Commission’s determination.

(3) If the Executive Director finds recommends that the referral is not legally sufficient to invoke the jurisdiction of the Commission, the referral shall be brought before the Commission in executive session with the recommendation of the Executive Director and that it should not be investigated, the recommendation will be considered by the Commission in executive session. If a majority of the Commission accepts the Executive Director’s recommendation that the referral is not legally sufficient, the referral shall be dismissed and the referring agency and the respondent will be notified of the dismissal. A summary of the reasons for dismissing the referral together with the referral itself and all documents related thereto shall become a public record and constitute a public report.

Rulemaking Authority 112.322(9) FS. Law Implemented Art. II, Section 8, Fla. Const., 112.322, 112.324 FS. History‒New 11-24-13, Amended        .

 

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: August 14, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 14, 2024