21220513, 34-18.001 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 21220513

Notice of Development of Rulemaking

Department:

COMMISSION ON ETHICS

Chapter:

ABUSE OF POSITION TO OBTAIN DISPROPORTIONATE BENEFIT

Overview

RULE:

34-18.001

Scope and Applicability of Chapter

PURPOSE:

The purpose of Rule 34-18.001 is to provide an overview of Chapter 34-18.  Chapter 34-18 is intended to address the recent amendment found in Article II, Section 8(h)(2) of the Florida Constitution.  The amendment prohibits public officers and/or public employees from abusing their public positions to obtain a "disproportionate benefit" for themselves, their spouses, children, or employers, or any businesses with which they contract or serve as officers, partners, directors, or proprietors, or in which they own interest.  The amendment requires the Florida Commission on Ethics, through the statutory procedures governing rule-making, to define the term "disproportionate benefit" and to prescribe the requisite intent for finding a violation of the prohibition.

SUBJECT:

Abuse of Public Position

RULEMAKING AUTHORITY:

Article II, Section 8(h)(2), Florida Constitution

LAW:

Article II, Section 8(h)(2), Florida Constitution

PRINT PUBLISH DATE:

12/5/2018 Vol. 44/235

RELATED STATUTES
AND LAWS:

Article II, Section 8(h)(2), Florida Constitution, Article II, Section 8(h)(2), Florida Constitution

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=34-18.001&PDate=12/5/2018&Section=1

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.