13364483, 34-5.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13364483

Notice of Development of Rulemaking

Department:

COMMISSION ON ETHICS

Chapter:

REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS

Overview

RULE:

34-5.001	Staff Procedures Upon Receipt of a Complaint of Breach of Public Trust
34-5.002	Review 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

PURPOSE:

This Notice replaces and supercedes the Notice of Rule Development published on August 9, 2013, regarding Chapter 34-5, F.A.C.  The effect of this rulemaking is to clarify the Commission's complaint handling procedures, provide for the thirty (30) day "black-out" that prohibits the filing of a complaint within 30 days of an election, and explains the process that will be followed when a complaint alleges an error or omission on a CE Form 6 or CE Form 1.

SUBJECT:

This rulemaking amends the staff procedures for handing complaints, increases the length of the "black-out" period from 5 days to 30 days for prohibiting the filing of complaints prior to an election, and provides a process to amend financial disclosure forms where a complaint is filed alleging that a respondent made an error or omission that is immaterial, inconsequential, or de mininimis.

RULEMAKING AUTHORITY:

112.322(9), 120.53 FS.

LAW:

Art. II, Sec. 8(f), (h), Fla. Const., Chapter 2013-36, Sections 7, 9, and 17, LOF, 112.322, 112.324 FS.

PRINT PUBLISH DATE:

8/13/2013 Vol. 39/157

RELATED STATUTES
AND LAWS:

112.322(9), 120.53 FS., Art. II, Sec. 8(f), (h), Fla. Const., Chapter 2013-36, Sections 7, 9, and 17, LOF, 112.322, 112.324 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=34-5.001&PDate=8/13/2013&Section=1

REFERENCE MATERIALS:

No reference(s).

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