16326863, 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: 16326863

Notice of Proposed Rule

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34-8.007	Choosing to File Copy of Income Tax Return (Repealed)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, clarify, and re-adopt 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. All of the forms and instructions will reference the 2016 filing year. Rules 34-8.002 and 34-8.202 are amended to clarify that a candidate who files a CE Form 6 or CE Form 1 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 reflect 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" of schools to reflect current usage. An amendment to Rule 34-8.007 clarifies a filer's' 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 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. Rules 34-8.015 and 34-8.215 are amended to clarify the process for obtaining orders as to waivers by CE Form 6 and CE Form 1 filers as to waivers of appeals of financial disclosure fines. Rule 34-8.208 is amended to update the filing year. Rule 34-8.209 is amended 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. 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.  The CE Form 1 and 1X instructions are amended to name positions now subject to disclosure pursuant to changes in the law.  The form instructions also contain clarifications on reporting.

SUMMARY:

This rulemaking affects the CE Form 6 -- Full and Public Disclosure of Financial Interests; CE Form 6F --Final Full and Public Disclosure of Financial Interests; CE Form 6X -- Amendment to CE Form 6 Full and Public Disclosure of Financial Interests; CE Form 1 -- Statement of Financial Interests; CE Form 1F -- Final Statement of Financial Interests; CE Form 1X -- Amendment to CE Form 1  Statement of Financial Interests. The rulemaking also affects instructions for completing all of those forms.

RULEMAKING AUTHORITY:

Art. II, Section 8, Fla. Const., 112.3144, 112.3145, 112.3147, 112.322(9), FS.

LAW:

Art. II, Section 8, Fla. Const., 112.3144, 112.31455, 112.3145, 112.322 FS, Chapter 2014-183, Section 3.

PRINT PUBLISH DATE:

8/13/2015 Vol. 41/157

COMMENTS:

From 8/13/2015 To 9/3/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-03284 CE Form 1 - Statement of Financial Interests (2014)
Ref-03287 CE Form 1F - Final Statement of Financial Interests (2014)
Ref-03288 CE Form 1X - Amendment to Form 1 Statement of Financial Interests (2014)

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