16519117, 34-6.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16519117

Notice of Proposed Rule

Department:

COMMISSION ON ETHICS

Chapter:

ADVISORY OPINIONS

Overview

RULE:

34-6.002	Persons Who May Receive an Advisory Opinion - Standing
34-6.006	Receipt of Requests for Advisory Opinions and Withdrawal of Requests
34-6.0065	Emergency Requests for Advisory Opinions
34-6.007	Consideration and Issuance of Advisory Opinions by the Commission
34-6.008	Effect of an Advisory Opinion (Repealed)
34-6.009	Publication of the Name of the Person Seeking the Advisory Opinion

PURPOSE:

The purpose of the proposed amendment is to update and refine language pertaining to the process governing advisory opinions regarding how Part III, Chapter 112, F.S., or Art. II, Sec. 8, Fla. Const., and other statutory provisions apply to a public officer, candidate for public office, or public employee.

SUMMARY:

This rulemaking amends Rule 34-6.002(6), F.A.C., to remove language regarding the ability of attorneys to request advisory opinions on behalf of clients.  Rule 34-6.006(2), F.A.C., has been amended to remove language pertaining to advisory opinions sought under Section 112.3215, F.S.  Rule 34-6.0065, F.A.C., has been amended to remove the reference to Rule 34-2.004, F.A.C., which has been repealed.  Rule 34-6.007(3), F.A.C., has been amended to omit language addressing the reconsideration of advisory opinions, a practice which is best addressed via alternative methods.  Rule 34-6.008, F.A.C., has been amended to remove the provision addressing the effect of advisory opinions.  Rule 34-6.009, F.A.C., has been amended to remove language pertaining to advisory opinions sought under Section 112.3215, F.S.

RULEMAKING AUTHORITY:

112.322(9), F.S.

LAW:

112.3215(12), 112.322(3), 350.041(3), 350.043, F.S.

PRINT PUBLISH DATE:

9/23/2015 Vol. 41/185

COMMENTS:

From 9/23/2015 To 10/14/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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