Subject
On April 3, 2020, a request for an expedited advisory opinion was received by the Commission on Ethics. In this request, the requestor seeks guidance as to the restrictions contained in Section 112.3215, Florida Statutes, and related law, as to public service announcements provided by the principals of lobbyists, and in which public officers appear.
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY, OR WEFLARE: The Florida Commission on Ethics is statutorily allowed to issue advisory opinions concerning provisions in Chapter 112, Florida Statutes (the Code of Ethics). A request for an expedited advisory opinion concerning matters related to the COVID-19 pandemic, the expenditure law (Section 112.3215(6), Florida Statutes), and related law was received on April 3, 2020. The opinion is of a time sensitive and urgent nature.
On March 1, 2020, prior to the receipt of the opinion request, Florida Governor Ron DeSantis issued Executive Order Number 20-51 which, in part, declared a public health emergency pursuant to the spread of the COVID-19 pandemic. Further, on March 9, 2020, Governor DeSantis issued Executive Order 20-52 and officially declared that a state of emergency exists in the State of Florida. In addition, as of March 16, 2020, the Centers for Disease Control (CDC) has recommended the cancellation of any meeting or event that would require the attendance of more than 10 people. Given the recently declared state of emergency, and the time sensitive nature of the opinion request, the Commission believes that an emergency meeting under Section 120.525(3), Florida Statutes, is warranted.
REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: Given the recently declared state of emergency in the State of Florida, and the recent guidance from the CDC, and considering the content of the advisory opinion request, which was requested on an expedited basis, the Commission finds that an immediate danger to the public health, safety, or welfare necessitates immediate action on the advisory opinion. Notice of this emergency meeting is hereby published in the Florida Administrative Register. In addition, notice of the Commission's emergency meeting was posted on the Commission's official website. The media was also notified pursuant to Rule 28-102.003(2), F.A.C.