27639003, 34-12.750 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 27639003

Notice of Development of Rulemaking

Department:

COMMISSION ON ETHICS

Chapter:

EXECUTIVE BRANCH LOBBYIST REGISTRATION

Overview

RULE:

34-12.750

Probable Cause Hearing

PURPOSE:

Rulemaking is needed to reflect a recent statutory change to Section 112.3215(8)(d), Florida Statutes, by Chapter 2023-49, Laws of Florida.  This change modified how the Commission on Ethics may dispose of complaints or investigations resulting from complaints or random audits of lobbying reports.  It specifies these types of proceedings may be dismissed at any stage of disposition if the Commission determines that proceeding further will not serve the public interest.  Currently, Rule 34-12.750(3) requires these matters to proceed to a probable cause hearing, and states dismissal can be predicated only upon a finding of no probable cause.  The Rule needs to be updated to account for the dismissals now allowed by Section 112.3215(8)(d).

SUBJECT:

Executive Branch Lobbying; Complaints and Audits Conducted Pursuant To Section 112.3215, Florida Statutes

RULEMAKING AUTHORITY:

Sections 112.3215 and 112.322(9), Florida Statutes

LAW:

Section 112.3215(8)(d), Florida Statutes

PRINT PUBLISH DATE:

10/5/2023 Vol. 49/194

RELATED STATUTES
AND LAWS:

Sections 112.3215 and 112.322(9), Florida Statutes, Section 112.3215(8)(d), Florida Statutes

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=34-12.750&PDate=10/5/2023&Section=1

REFERENCE MATERIALS:

No reference(s).

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