34-8.002: General Rule for Filing Full and Public Disclosure of Financial Interests
34-8.007: Choosing to File Copy of Income Tax Return
34-8.008: Final Filing
34-8.009: Amended Filing
34-8.202: General Rules for Filing a Statement of Financial Interests
34-8.208: Final Filing
34-8.209: Amended Filing
PURPOSE AND EFFECT: The purpose of the proposed amendments is to make revisions to financial disclosure forms that are adopted by reference in the various rules of Chapter 34-8, Florida Administrative Code. The filing year for the annual forms will be changed to “2011” (filers will complete and file these forms in 2012 for the calendar year ending December 31, 2011), the filing period for the 1F and 6F forms will be changed to 2012, and filing instructions are being revised for greater clarity. Additionally, where there were statutory changes to those who are required to file, those changes are reflected in the forms. Also, Rule 34-8.007, F.A.C., is being amended to address the situation where a filer elects to file his or her Federal income tax return with the CE Form 6 or 6X. If the filer used IRS e-file to transmit his or her Federal income tax return to the IRS, he or she may not have been required to transmit copies of Forms W-2, Forms 1099-R, and other forms showing sources of income. However, they are required to provide copies of these documents to the Commission if they elect to attach a copy of their Federal income tax return to their CE Form 6 or 6X since, unlike the IRS, the Commission does not receive the filer’s income records from other sources.
SUMMARY: CE Form 6 (Full and Public Disclosure of Financial Interests), CE Form 6F (Final Full and Public Disclosure of Financial Interests), CE Form 6X (Amendment to Full and Public Disclosure of Financial Interests), CE Form 1 (Statement of Financial Interests), CE Form 1F (Final Statement of Financial Interests), and CE Form 1X (Amendment to Form 1 Statement of Financial Interests), are affected by this rulemaking.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency. These rule amendments are not expected to require legislative ratification.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: Art. II, Section 8, Fla. Const., 112.3144, 112.3144(7), 112.3145, 112.3145(9), 112.3147, 112.322(9) FS.
LAW IMPLEMENTED: Art. II, Section 8, Fla. Const., 112.3144, 112.3144(6), 112.3144(7), 112.3145, 112.3145(2)(b), 112.3145(9) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 9, 2011, 9:00 a.m.
PLACE: Senate Office Building, Room 37S, 404 South Monroe Street, Tallahassee, FL
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: Millie Fulford, Legal Secretary, Florida Commission on Ethics, Telephone: (850)488-7864. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Julia Cobb Costas, Assistant General Counsel, Florida Commission on Ethics, Telephone: (850)488-7864
THE FULL TEXT OF THE PROPOSED RULE IS:
34-8.002 General Rules Rule for Filing the CE Form 6 – Full and Public Disclosure of Financial Interests.
(1) Every person who holds an office specified in Rule 34-8.003, F.A.C., must file full and public disclosure of his or her financial interests with the Commission by July 1 of each year during which he or she is in office, and every person who held an office specified in Rule 34-8.003, F.A.C., on December 31st of a year must file full and public disclosure of his or her financial interests with the Commission by July 1 of the following year. Full and public disclosure of financial interests means filing a sworn statement showing net worth, assets and liabilities on the form prescribed by the Commission, CE Form 6 – Full and Public Disclosure of Financial Interests, together with either a copy of the person’s most recent federal income tax return, including all attachments, or the completed income disclosure portion of CE Form 6. The CE Form 6 (1/2012) (1/2011) is adopted by reference herein and may be obtained without cost from the Florida Commission on Ethics, P. O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us. A candidate for an elective office specified in Rule 34-8.003, F.A.C., or otherwise specified by law must file this information prior to or at the time he or she qualifies as a candidate.
(2) through (3) No change.
PROPOSED EFFECTIVE DATE JANUARY 1, 2012.
Rulemaking Authority Art. II, Section 8, Fla. Const., 112.3144, 112.3147, 112.322(9) FS. Law Implemented Art. II, Section 8, Fla. Const., 112.3144 FS. History–New 4-7-77, Amended 10-3-84, Formerly 34-8.02, Amended 8-7-94, 7-2-00, 11-7-01, 1-19-11, 1-1-12.
34-8.007 Choosing to File Copy of Income Tax Return.
(1) A reporting official who chooses to file a copy of his or her most recent income tax return with the CE Form 6 or CE Form 6X shall include copies of all schedules and forms that were included with or attached to the official’s return when it was filed with the I.R.S. If the reporting official transmitted his or her Federal income tax return using IRS e-file and was not required to submit copies of Forms W-2, 1099-R, and other forms showing sources of income, these documents must still be submitted to the Commission if the filer elects to file a copy of his or her Federal income tax return with their CE Form 6 or 6X.
(2) No change.
PROPOSED EFFECTIVE DATE JANUARY 1, 2012.
Rulemaking Specific Authority Art. II, Section 8, Fla. Const., 112.3144, 112.322(9), FS. Law Implemented Art. II, Section 8, Fla. Const. History–New 5-17-77, Formerly 34-8.07, Amended 8-7-94, 7-2-00, 11-7-01, 1-1-12.
34-8.008 Final Filing Using the CE Form 6F.
(1) Each person who is required to file full and public disclosure of financial interests shall, within 60 days of leaving his or her public position, file with the Commission a final disclosure statement covering the period between January 1 of the year in which the person leaves and his or her last day in the position, unless he or she takes another position within that 60-day period which requires full and public disclosure. The final filing shall be on the form prescribed by the Commission, CE Form 6F – Final Full and Public Disclosure of Financial Interests. The CE Form 6F (1/2012) (1/2011) is adopted by reference herein and may be obtained without cost from the Florida Commission on Ethics, P. O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us.
(2) No change.
PROPOSED EFFECTIVE DATE JANUARY 1, 2012.
Rulemaking Authority 112.3144, 112.3147, 112.322(9) FS. Law Implemented 112.3144(5), 112.3144(6) FS. History–New 11-7-01, Amended 1-19-11, 1-1-12.
34-8.009 Amended Filing Using the CE Form 6X.
(1) A person may amend his or her full and public disclosure of financial interests to add to or modify the information reported on the form as originally filed at any time after filing the disclosure form. The amended filing shall be filed with the same office where the original form was filed and shall be on the form prescribed by the Commission, CE Form 6X – Amendment to Full and Public Disclosure of Financial Interests. The CE Form 6X (1/2012) (1/2011) is adopted by reference herein and may be obtained without cost from the Florida Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us.
(2) No change.
PROPOSED EFFECTIVE DATE JANUARY 1, 2012.
Rulemaking Authority 112.3144(6), 112.3144(7), 112.3147, 112.322(9) FS. Law Implemented 112.3144(7) FS. History--New 11-7-01, Amended 1-19-11, 1-1-12.
34-8.202 General Rules for Filing the CE Form 1 – a Statement of Financial Interests.
(1) A person who was a local officer as defined in Section 112.3145, F.S., on December 31st of a year must file by July 1 of the following year a statement of financial interests on the form prescribed by the Commission, CE Form 1 – Statement of Financial Interests, with the supervisor of elections in the county where he or she permanently resides, or, if the person does not permanently reside in Florida, with the supervisor of elections in the county of his or her agency’s headquarters. The CE Form 1 (1/2012) (1/2011) is adopted by reference herein and may be obtained without cost from the Florida Commission on Ethics, P. O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us.
(2) through (6) No change.
PROPOSED EFFECTIVE DATE JANUARY 1, 2012.
Rulemaking Authority 112.3145, 112.3147, 112.322(9) FS. Law Implemented 112.3145 FS. History–New 11-7-01, Amended 1-19-11, 1-1-12.
34-8.208 Final Filing Using the CE Form 1F.
(1) No change.
(2) The final filing shall be on the form prescribed by the Commission, CE Form 1F – Final Statement of Financial Interests. The CE Form 1F (2012) (1/2011) is adopted by reference herein and may be obtained without cost from the Florida Commission on Ethics, P. O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us.
(3) No change.
PROPOSED EFFECTIVE DATE JANUARY 1, 2012.
Rulemaking Authority 112.3145, 112.3147, 112.322(9) FS. Law Implemented 112.3145(2)(b) FS. History–New 11-7-01, Amended 1-19-11, 1-1-12.
34-8.209 Amended Filing Using the CE Form 1X.
(1) A person may amend his or her statement of financial interests to add to or modify the information reported on the form as originally filed at any time after filing the disclosure form. The amended statement shall be filed with the same office where the original form was filed and shall be made on the form prescribed by the Commission, CE Form 1X – Amendment to Form 1 Statement of Financial Interests. The CE Form 1X (1/2012) (1/2011) is adopted by reference herein and may be obtained without cost from the Florida Commission on Ethics, P. O. Drawer 15709, Tallahassee, Florida 32317-5709, and may also be downloaded from the Commission’s website: www.ethics.state.fl.us.
(2) No change.
PROPOSED EFFECTIVE DATE JANUARY 1, 2012.
Rulemaking Authority 112.3145(9), 112.3147, 112.322(9) FS. Law Implemented 112.3145(9) FS. History–New 11-7-01, Amended 1-19-11, 1-1-12.