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Florida Administrative Code (Last Updated: November 11, 2024) |
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34. Commission on Ethics |
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D34. Departmental |
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34-18. Abuse Of Position To Obtain Disproportionate Benefit |
34-18.001. Scope and Applicability of Chapter
1(1) The purpose of this chapter is to provide notice and guidance to public officers or public employees, as well as to the general public, regarding the definition of the term “disproportionate benefit,” as that term is used in Article II, Section 8(h)(2) of the Florida Constitution, as well as the requisite intent for finding a violation of the prohibition contained in Article II, Section 8(h)(2) of the Florida Constitution.
72(2) Definitions
74(a) For the purpose 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.
120(3) The Commission will consider the following in determining whether a benefit, privilege, exemption, or result contitutes a “disproportionate benefit”:
140(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, who will experience the benefit, privilege, exemption, or result;
199(b) The nature of the interests involved;
206(c) The degree to which the interests of all those who will experience the benefit, privilege, exemption, or result are affected;
227(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;
300(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
348(f) The degree to which the benefit, privilege, exemption, or result is not available to similarly situated persons. As used in this chapter, “similarly situated 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 characteristic 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.
448(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.
514Rulemaking Authority Article II, Section 8(h)(2), Florida Constitution, 522112.322(9) FS. 524Law Implemented Article II, Section 8(h)(2), Florida Constitution, 532112.322(9) FS. 534History–New 5359-30-19.
