27886062, 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: 27886062

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
34-8.005	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
34-8.202	General Rules for Filing the CE Form 1 - Statement of Financial Interests
34-8.209	Amended Filing Using the CE Form 1X

PURPOSE:

This rulemaking has two purposes.  The first purpose is to clarify that, in the income sections of the CE Form 6 -- Full and Public Disclosure of Financial Interests, CE Form 6F -- Final Full and Public Disclosure of Financial Interests, and CE Form 6X -- Amendment to Full and Public Disclosure of Financial Interests, a filer does not have to disclose identifying information concerning an income source if it would violate confidentiality or privilege pursuant to the law or rules governing attorneys.  In such an instance, the filer may indicate they have a "Legal Client" meeting the disclosure criteria without providing further information.  The Commission on Ethics has rulemaking authority in the Constitution to develop rules regarding the disclosure of income on these particular Forms.  The second purpose is to clarify in the instructions for the CE Form 6 and CE Form 6X, as well as in the instructions for the CE Form 1 -- Statement of Financial Interests and the CE Form 1X -- Amendment to Statement of Financial Interests, that the training certification portion does not yet have to be completed by elected local officers of independent special districts, or any person appointed to fill a vacancy on an independent special district board.  While these types of officers must begin receiving four hours of ethics training during 2024, they will not have to certify receiving that training until they file their 2024 financial disclosure, which will be after the 2024 calendar year is complete.  For that reason, it is premature to mention them in the instructions for this portion of the forms, and the amendment will remove that reference, at least temporarily.

SUMMARY:

First, Rule 34-8.005 is being amended to include a new subsection, which will indicate CE Form 6 filers, who are attorneys, will not have to disclose a legal client as a primary or secondary source of income if it will violate the law or rules governing attorneys. The subsection will indicate that filers can instead write "Legal Client" in the disclosure fields without providing further information.
Second, language allowing CE Form 6 filers to refrain from disclosing identifying information about legal clients in the income portion of the form, and prompting them to write "Legal Clients" in the disclosure fields instead, will be added to the instructions for the CE Form 6, CE Form 6F, and CE Form 6X, which are incorporated by reference in the following enumerated rules (Rules 34-8.001, 34-8.002, 34-8.008, and 34-8.009).
Third, any reference to elected local officers of independent special districts, and any person appointed to fill a vacancy on an elected special district board, in the training certification portion of the instructions for the CE Form 6, CE Form 6X, CE Form 1, and CE Form 1X, will be removed.  These instructions are incorporated by reference in the following enumerated rules (Rules 34-8.001, 34-8.002, 34-8.009, 34-8.202, and 34-8.209).

RULEMAKING AUTHORITY:

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

LAW:

Art. II, Section 8, Fla. Const., 112.3144, 112.3145, FS

PRINT PUBLISH DATE:

12/20/2023 Vol. 49/245

COMMENTS:

From 12/20/2023 To 1/10/2024 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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