27268075, 34-8.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 27268075

Notice of Proposed Rule

Department:

COMMISSION ON ETHICS

Chapter:

DISCLOSURE OF FINANCIAL INTERESTS

Overview

RULE:

34-8.001	General
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
34-8.005	Disclosure of Sources and Amounts of Income
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
34-8.202	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

PURPOSE:

This rulemaking has several purposes.  First, certain of these rules need to be updated to reflect that - beginning January 1, 2024 - the Commission on Ethics will accept certain disclosure filings only through the electronic filing system created and maintained by the Commission as provided in Section 112.31446, Florida Statutes.  In particular, this will affect the filing of the CE Form 1 - Statement of Financial Interests, CE Form 1F - Final Statement of Financial Interests, and CE Form 1X - Amendment to Statement of Financial Interests.  Second, the amendments will update, clarify, and re-adopt the instructions incorporated by reference within these rules to similarly reflect that the CE Form 1, CE Form 1F, and CE Form 1X must be filed electronically beginning January 1, 2024.  Third, additional changes are being made to enumerated rules, and to the materials incorporated by reference, to reflect recent legislative changes to the disclosure laws, as explained in the "summary" portion of this notice.

SUMMARY:

The referenced rules are each being amended to reflect changes to the financial disclosure process.  The amendments are based on statutory changes found in the language of Sections 112.3142, 112.3144, 112.31446, and 112.3145, Florida Statutes.  In particular, the amendments to Rules 34-8.001, 34-8.202, 34-8.208, 34-8.209, and 34-8.210 (which concern the CE Form 1, CE Form 1F, and CE Form 1X filings) delete any references to paper filings and related statements regarding filing by paper because, in accordance with Section 112.3145(2)(e), Florida Statutes, any enumerated disclosures filed after January 1, 2024, must be through the electronic filing system.  This also affects the material incorporated by reference within certain of these Form 1-related rules inasmuch as the paper forms for these filings will be eliminated, although the rules will continue to incorporate the instructions for completing the forms.  In addition, Rules 34-8.005 and 34-8.009 are being amended to reflect a recent statutory change to Section 112.3144(6)(c) allowing CE Form 6 and CE Form 6X filers to attach their federal income tax returns for purposes of reporting their income.  The rules are also being updated to reflect that, for each of the disclosure forms submitted through electronic filing, filers may include attachments or other supporting documentation, as recently provided in statutory amendments to Sections 112.3144(8), 112.31446(2)(f), and 112.3145(8).  The amendments to Rule 34-8.003 clarify that mayors, elected members of municipal governing bodies, and each member of the Commission on Ethics must file a CE Form 6, in accordance with recent changes to Sections 112.3144(1)(d) and 112.3144(1)(e).  The amendments to Rules 34-8.011 and 34-8.210 reflect a statutory change to Sections 112.3144(8)(f) and 112.3145(8)(f), which indicate the monetary penalties for late filing of a CE Form 6 or CE Form 1 will be based only upon when the filer submitted the form to the electronic filing system.  An additional change to Rue 34-8.210 reflects the notice requirements for penalties, as provided in Section 112.3145(8)(f)1. 
 And, finally, the instructions incorporated by reference in the enumerated rules (Rules 34-8.001, 34-8.002, 34-8.008, 34-8.009, 34-8.202, 34-8.208, and 34-8.209) will be amended to reflect the following: (1) filers can submit attachments or other supporting documentation when filing their forms (under Sections 112.3144(8), 112.3144(2)(f), and 112.3145(8); (2) filers should not include mortgage or brokerage account numbers, PID numbers, or taxpayer information on their filings, and the Commission on Ethics will not be liable if such information is included (under Sections 112.3144(7)(a) and 112.3145(4)(a)); (3) mayors, municipal commissioners, and members of the Commission no longer file a Form 1, but a Form 6 (Sections 112.3144(1)(d) and 112.3144(1)(e)); (4) on the instructions for the CE Form 6 and CE Form 6X, that a filer can complete the "Income" section by submitting a copy of their federal income tax return for that year, including all schedules, W-2s, and attachments (under Section 112.3144(6)(c)); (5) on the instructions for the "Training" section of the CE Form 6, CE Form 6X, CE Form 1, and CE Form 1X, that elected officers of independent special districts, including anyone appointed to fill a vacancy, are subject to the training requirement and must complete that section (under Section 112.3142(2)(d)); (6) on the instructions for the "Training" section of the CE Form 6, CE Form 6X, CE Form 1, and CE Form 1X, that the required training must be completed only by enumerated public officers who began serving after March 31 of the year for which they are filing.  The instructions will also all be updated to reflect the appropriate calendar year.

RULEMAKING AUTHORITY:

Art. II, Section 8 Fla. Const., 112.3144, 112.31445, 112.31446, 112.3145, 112.3147, 112.322(9), FS.

LAW:

Art. II, Section 8, Fla. Const., 112.312, 112.3144, 112.31445, 112.31446, 112.3145, FS.

PRINT PUBLISH DATE:

6/29/2023 Vol. 49/126

COMMENTS:

From 6/29/2023 To 7/20/2023 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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