27704575, 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: 27704575

Notice of Proposed Rule

Department:

COMMISSION ON ETHICS

Chapter:

EXECUTIVE BRANCH LOBBYIST REGISTRATION

Overview

RULE:

34-12.750

Probable Cause Hearing

PURPOSE:

Rulemaking is needed to account for a recent statutory change to Section 112.3215(8)(d), Florida Statute, 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 it would not serve the public interest to proceed further.  Currently, Rule 34-12.750(3) requires these matters to proceed to a probable cause hearing, and states these types of matters can only be dismissed based on a finding of no probable cause.  The rulemaking would update this portion of the Rule to account for the statutory change.

SUMMARY:

An addition will be made to Rule 34-12.750(3) to indicate that the Commission on Ethics may dismiss a complaint concerning a violation of Section 112.3215 at any stage of disposition if it determines that the public interest will not be served by proceeding further.  The addition will also indicate, tracking the language in Chapter 2023-49, that the Commission's dismissal order will state with particularity its reasons for the dismissal.

RULEMAKING AUTHORITY:

Sections 112.3215 and 112.322(9), Florida Statutes

LAW:

Section 112.3215(8)(d), Florida Statutes

PRINT PUBLISH DATE:

10/26/2023 Vol. 49/209

COMMENTS:

From 10/26/2023 To 11/16/2023 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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