31583217, 34-6.006 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 31583217

Notice of Proposed Rule

Department:

COMMISSION ON ETHICS

Chapter:

ADVISORY OPINIONS

Overview

RULE:

34-6.006	Receipt of Requests for Advisory Opinions and Withdrawal of Requests
34-6.009	Publication of the Name of the Person Seeking the Advisory Opinion

PURPOSE:

Clarify how the Commission will handle procedurally the receipt of a request for an advisory opinion as well as the Commission's practices regarding that portion of Section 112.322(3)(a), Florida Statutes, concerning the publication of the requestor's name.

SUMMARY:

The amendments to Rule 34-6.006 will indicate that, after determining the requestor has standing to receive an advisory opinion, Commission staff will use several factors to evaluate if the matter can be resolved without rendering an advisory opinion.  The amendments to the Rule will then clarify how the request will be handled once it is determined, based on these factors, whether or not an advisory opinion is necessary.  Importantly, the amendments to the Rule will indicate that, even if Commission staff does not determine that an advisory opinion is needed, the request for an advisory opinion will still be accepted unless the requestor consents otherwise.  The amendments to Rule 34-6.009 will indicate that, unless the requestor consents to the use of his or her name, the requestor's name will not be included in any published opinion or in the materials related to the opinion request.  The amendments to the Rule will also clarify how the requestor's name will be treated if the request is withdrawn or the Commission votes to resolve the request without rendering an advisory opinion.

RULEMAKING AUTHORITY:

112.322(9), F.S.

LAW:

16.715(1)(d), 112.3215(12), 112.322(3), 350.041(4), 350.043, F.S.

PRINT PUBLISH DATE:

11/6/2026 Vol. 52/217

COMMENTS:

From 11/6/2026 To 11/27/2026 (21 Days)

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.