16316484, 34-8.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16316484

Notice of Development of Rulemaking

Department:

COMMISSION ON ETHICS

Chapter:

DISCLOSURE OF FINANCIAL INTERESTS

Overview

RULE:

34-8.002	General Rules for Filing the CE Form 6 - Full and Public Disclosure of Financial Interests
34-8.003	Persons Required to File Full and Public Disclosure
34-8.007	Choosing to File Copy of Income Tax Return (Repealed)
34-8.008	Final Filing Using the CE Form 6F
34-8.009	Amended Filing Using the CE Form 6X
34-8.011	Penalties for Late Filing
34-8.015	Appeal of Statutory Fines: Hearings, Unusual Circumstances
34-8.202	General Rules for Filing the CE Form 1 - Statement of Financial Interests
34-8.208	Final Filing Using the CE Form 1F
34-8.209	Amended Filing Using the CE Form 1X
34-8.210	Penalties for Late Filing
34-8.215	Appeal of Statutory Fines: Hearings, Unusual Circumstances

PURPOSE:

The purpose of the proposed amendment is to update and clarify the rules related to the forms adopted by reference in Chapter 34-8, F.A.C., to address changes required by law, and to clarify and re-adopt the forms and their instructions. Rule 34-8.002 is amended to update the filing year and to clarify that a candidate who files a CE Form 6 with a qualifying officer need not also file the form with a Supervisor of Elections or the Commission on Ethics. Rule 34-8.003 contains a deletion to clarify that judges are not required by law to file financial disclosure (requirement is imposed by the Code of Judicial Conduct) and substitutes "superintendents" of schools for "wardens" to reflect current usage.  Rule 34-8.007 contains a deletion of "most recent" in order to clarify attachment of an income tax return to a CE Form 6. Rule 34-8.008 is amended to update the filing year. Rule 34-8.009 is amended to update the filing year and to reflect a legislative change providing that amendments submitted on CE Form 6X prior to September 1 are treated as part of the original filing. Rule 34-8.011 is amended, reflecting a legislative change, to provide procedures for collecting automatic fines for failure to file CE Form 6 financial disclosure forms. Rule 34-8.015 is amended to clarify that the full Commission votes on orders as to waivers by CE Form 6 filers of appeals of financial disclosure fines. Rule 34-8.202 is amended to update the filing year and to clarify that a candidate who files a CE Form 1 with a qualifying officer need not also file with a Supervisor of Elections or the Commission on Ethics. Rule 34-8.208 is amended to update the filing year. Rule 34-8.209 is amended to update the filing year, to clarify that CE Form 1X may be used to correct either CE Form 1 or CE Form 1F, and to clarify that amendments on CE Form 1X received before September 1 are treated as part of the original filing. Rule 34-8.210 is amended, reflecting a legislative change, to provide procedures for collection of automatic fines for failure to file CE Form 1 financial disclosure. Rule 34-8.215 is amended to reflect that the full Commission votes on orders as to waivers of appeals of fines for failure to file CE Form 1 financial disclosure. All of the forms and instructions will reference the 2016 filing year. As a result of a legislative change, a signature line is being added to CE Form 1 and CE Form 1X for a filer to certify completion of ethics training.  CE Form 1X is amended to add the option of correcting a CE Form 1F. CE Form 1 and CE Form 1F instructions are amended, as a result of a legislative change, to add board members of Career Source Florida and community redevelopment agencies to the list of appointees required to file CE Form 1. CE Form 6 and CE Form 6F instructions are amended to add "bridge authority" members to the list of officials required to file. CE Form 6 instructions are amended to reflect that CE Form 6 and its attachments are public records and, as such, are required by law to be posted on the Commission's website. CE Form 6X is amended to add the option of correcting a CE Form 6F.

SUBJECT:

The subject area is financial disclosure.

RULEMAKING AUTHORITY:

Art. II, Section 8, Fla. Const., 112.3144, 112.3147, 112.322(9), FS.

LAW:

Art. II, Section 8, Fla. Const., 112.3144, 112.3145, 112.322 FS.

PRINT PUBLISH DATE:

8/11/2015 Vol. 41/155

RELATED STATUTES
AND LAWS:

Art. II, Section 8, Fla. Const., 112.3144, 112.3147, 112.322(9), FS., Art. II, Section 8, Fla. Const., 112.3144, 112.3145, 112.322 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=34-8.002&PDate=8/11/2015&Section=1

REFERENCE MATERIALS:

No reference(s).

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