reglab/statecodes huggingface dataset:
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-8 - DISCLOSURE OF FINANCIAL INTERESTS › Section 34-8.011 - Penalties for Late Filing

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				determining that a CE Form 6 - Full and Public Disclosure of Financial
				Interests has not been filed by the due date, Commission staff shall send a
				notice by email notifying the delinquent person of the failure to timely file,
				and shall redeliver the notice on a weekly basis by email as long as the person
				remains delinquent.
(2) Upon
				determining that the Full and Public Disclosure of Financial Interests has been
				filed after the due date or that the maximum fine has accrued, Commission staff
				shall send a notice by email notifying the filer of the amount of the payment
				due for the accrued fine, and of the filer's right to appeal or dispute the
				fine as provided in Rule
				 34-8.015, F.A.C.
(3) The fine shall be $25.00 per day for each
				late day, up to a maximum of $1, 500.00. Commission staff shall determine the
				amount of the fine due, once electronic filing goes active, based upon when the
				CE Form 6 - Full and Public Disclosure of Financial Interests was submitted
				through the electronic filing system created and maintained by the Commission
				as provided in Section
				 112.31446, F.S.
(4) The fine must be paid within 30 days
				after the notice of payment due is transmitted, unless appeal is made to the
				Commission as provided in Rule
				 34-8.015, F.A.C. Commission
				staff shall deposit all fine moneys into the General Revenue Fund.
(5) Where a fine is not appealed, or is
				appealed but is not waived, the Commission will, following entry of its final
				order pursuant to Rule
				 34-8.015, F.A.C., attempt to
				determine whether the individual owing such fine currently serves as a public
				officer or employee. If the individual owing the fine is a public officer or
				employee, the Commission may notify the Chief Financial Officer or the
				governing body of the appropriate county, municipality, or special district of
				the total amount of the fine and request salary withholding to recover the
				fine.
(6) If payment of the fine
				cannot be obtained through salary withholding and the fine remains unpaid for
				more than 60 days, the Commission may refer the unpaid fine to the appropriate
				collection agency, as directed by the Chief Financial Officer, to utilize any
				collection methods provided by law.
(7) If the individual owing the fine is no
				longer a public officer or employee, or if the Commission is unable to
				determine whether the individual is a public officer or employee, the
				Commission may, six months after the order becomes final, seek garnishment of
				any wages to satisfy any unpaid portion of the fine.
Rulemaking Authority
					 112.3144,
					 112.322(9) FS.
					 Law Implemented 112.3144,
					 112.31455
					 FS.
New 11-7-01, Amended 10-12-15, 1-1-22,
					 1-1-24.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-8 - DISCLOSURE OF FINANCIAL INTERESTS › Section 34-8.015 - Appeal of Statutory Fines: Hearings, Unusual Circumstances

Current through Reg. 50, No. 138; July 16, 2024
(1) A person who chooses to appeal or dispute
				a fine imposed in accordance with Section
				 112.3144, F.S., shall file with
				the Commission a notice of appeal within 30 days of the date the notice of
				payment due is transmitted, setting out with specificity the unusual
				circumstances surrounding the failure to file by the due date. The notice of
				appeal may be accompanied by any documentation or evidence supporting the
				claim, but must be received by the Commission no later than 30 days after the
				date the notice of payment due is transmitted.
(2) Failure to timely file a notice of appeal
				as described herein shall constitute a waiver of any such entitlement. A final
				order of waiver shall be promptly entered by the chair of the
				Commission.
(3) A person who seeks
				a hearing before the Commission shall include in the notice of appeal a
				separate request for hearing. If no request for hearing is included in the
				notice of appeal, the Commission's determination shall be based on the notice
				and any supporting information and shall be final agency action. If a separate
				request for hearing is included in the notice, notice of hearing shall be
				provided and the Commission's determination after hearing shall be final agency
				action. Failure to appear in accordance with the notice of hearing shall
				constitute a waiver of such entitlement, and the Commission shall dispose of
				the case on the written record before it.
(4) "Unusual circumstances" means uncommon,
				rare or sudden events over which the reporting individual had no control and
				which directly result in the failure to act in accordance with the filing
				requirements. Circumstances which allow for time in which to take those steps
				necessary to assure compliance with the filing requirements shall be deemed not
				to constitute unusual circumstances.
Rulemaking Authority
					 112.3144,
					 112.322(9) FS.
					 Law Implemented 112.3144
					 FS.
New 11-7-01, Amended
					 10-12-15.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-8 - DISCLOSURE OF FINANCIAL INTERESTS › Section 34-8.208 - Final Filing Using the CE Form 1F

Current through Reg. 50, No. 138; July 16, 2024
(1) Each person
				who is required to file a statement of financial interests (CE Form 1) shall,
				within 60 days of leaving his or her public position, complete and submit
				through the electronic filing system created and maintained by the Commission
				as provided in s. 112.31446 a final 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 filing either a statement of financial interests or full and
				public disclosure covering that disclosure period.
(2) The final filing shall be identified in
				the system as the CE Form 1F - Final Statement of Financial Interests. The
				instructions for completing the Final Statement of Financial Interests
				(1/2024),
http://www.flrules.org/Gateway/reference.asp?No=Ref-15818
,
				are incorporated 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
. The filer
				may include attachments or other supporting documentation when filing a
				disclosure.
(3) Pursuant to s.
				 112.3145(2)(e),
				Florida Statutes, local officers, state officers, and specified state employees
				required to file the CE Form 1F - Final Statement of Financial Interests must
				file electronically through the electronic filing system.
(4) If the due date for a final filing falls
				on a Saturday, Sunday, or legal holiday designated in Section
				 110.117, F.S., then the due date
				shall be extended to the next day which is not a Saturday, Sunday, or legal
				holiday designated in Section
				 110.117,
				F.S.
Rulemaking Authority
					 112.3145,
					 112.31446,
					 112.3147,
					 112.322(9) FS.
					 Law Implemented  112.3145 FS.
New 11-7-01, Amended 1-19-11, 1-1-12, 1-1-13, 1-1-14,
					 1-1-15, 1-1-16, 1-1-17, 1-1-18, 1-1-19, 1-1-20, 1-1-21, 1-1-22, 1-1-23,
					 1-1-24.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-8 - DISCLOSURE OF FINANCIAL INTERESTS › Section 34-8.209 - Amended Filing Using the CE Form 1X

Current through Reg. 50, No. 138; July 16, 2024
(1) At any time
				after submitting the CE Form 1 - Statement of Financial Interests, a person may
				amend his or her original disclosure filing to add to or modify the information
				originally reported. Filers shall complete an amended filing through the
				electronic filing system created and maintained by the Commission as provided
				in s.  112.31446, Florida Statutes,
				which will allow them to access and complete the disclosure filing identified
				in the system as the CE Form 1X - Amendment to Statement of Financial
				Interests. The instructions for completing the Amendment to Statement of
				Financial Interests (4/2024)
http://www.flrules.org/Gateway/reference.asp?No=Ref-16540
,
				is incorporated 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
. The filer
				may include attachments or other supporting documentation when filing a
				disclosure.
(2) Amendments received
				before September 1 of the year in which disclosure is due shall be treated as
				the original filing. If an amendment is received after September 1 and the
				subject of a complaint filed against the reporting person, the Commission shall
				consider the timing of the amendment as a mitigating factor, as provided in
				Section  112.3145,
				F.S.
Rulemaking Authority
					 112.3145(13),
					 112.31446,
					 112.3147,
					 112.322(9) FS.
					 Law Implemented  112.3145(9) 
					 FS.
New 11-7-01, Amended 1-19-11, 1-1-12, 1-1-13, 1-1-14,
					 1-1-15, 1-1-16, 1-1-17, 1-1-18, 1-1-20, 1-1-21, 1-1-22, 1-1-24,
					 4-11-24.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-8 - DISCLOSURE OF FINANCIAL INTERESTS › Section 34-8.210 - Penalties for Late Filing

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				determining that a CE Form 1 - Statement of Financial Interests has not been
				filed by the due date, Commission staff shall send a notice by U.S. Mail
				notifying the delinquent person of the failure to timely file, and shall
				redeliver the notice on a weekly basis by email as long as the person remains
				delinquent.
(2) Upon determining
				that the Statement of Financial Interests has been filed after the due date or
				that the maximum fine has accrued, Commission staff shall send a notice by
				email notifying the filer of the amount of the payment due for the accrued
				fine, and of the filer's right to appeal or dispute the fine as provided in
				Rule  34-8.215, F.A.C.
(3) The fine shall be $25 per day for each
				late day, up to a maximum of $1, 500. Commission staff shall determine the
				amount of the fine due based upon when the CE Form 1 - Statement of Financial
				Interests was submitted through the electronic filing system created and
				maintained by the Commission as provided in s.
				 112.31446, F.S.
(4) The fine must be paid within 30 days
				after the notice of payment due is transmitted, unless appeal is made to the
				Commission as provided in Rule
				 34-8.215, F.A.C. Commission
				staff shall deposit all fine moneys into the General Revenue Fund.
(5) Where a fine is not appealed, or is
				appealed but is not waived, the Commission will, following entry of its final
				order pursuant to Rule
				 34-8.215, F.A.C., attempt to
				determine whether the individual owing such fine currently serves as a public
				officer or employee.
(a) If the individual
				owing the fine is a public officer or employee, the Commission may notify the
				Chief Financial Officer or the governing body of the appropriate county,
				municipality, or special district of the total amount of the fine and request
				salary withholding to recover the fine.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-8 - DISCLOSURE OF FINANCIAL INTERESTS › Section 34-8.215 - Appeal of Statutory Fines: Hearings, Unusual Circumstances

Current through Reg. 50, No. 138; July 16, 2024
(1) A person who chooses to appeal or dispute
				a fine imposed in accordance with Section
				 112.3145, F.S., shall file with
				the Commission a notice of appeal within 30 days of the date the notice of
				payment due is transmitted, setting out with specificity the unusual
				circumstances surrounding the failure to file by the due date. The notice of
				appeal may be accompanied by any documentation or evidence supporting the
				claim, but must be received by the Commission no later than 30 days after the
				date the notice of payment due is transmitted.
(2) Failure to timely file a notice of appeal
				as described herein shall constitute a waiver of any such entitlement. A final
				order of waiver shall be promptly entered by the Commission.
(3) A person desiring a hearing before the
				Commission shall include in the notice of appeal a separate request for
				hearing. If no request for hearing is included in the notice of appeal, the
				Commission's determination shall be based on the notice and any supporting
				information and shall be final agency action. If a separate request for hearing
				is included in the notice, notice of hearing shall be provided and the
				Commission's determination after hearing shall be final agency action. Failure
				to appear in accordance with the notice of hearing shall constitute a waiver of
				such entitlement, and the Commission shall dispose of the case on the written
				record before it.
(4) "Unusual
				circumstances" means uncommon, rare or sudden events over which the reporting
				individual had no control and which directly result in the failure to act in
				accordance with the filing requirements. Circumstances which allow for time in
				which to take those steps necessary to assure compliance with the filing
				requirements shall be deemed not to constitute unusual
				circumstances.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.3145
					 FS.
New 11-7-01, Amended
					 10-12-15.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.001 - Procedures for Public Hearings, Generally

Current through Reg. 50, No. 138; July 16, 2024
Public hearings requested and conducted pursuant to
				  subsection  112.322(2),
				  F.S., shall be governed by the rules of Chapter 34-9 of the Florida
				  Administrative Code, the Uniform Rules of the Administration Commission in
				  Chapter 28-106, F.A.C., and subsection
				   112.322(2),
				  F.S.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.322(2)
					 FS.
New 2-23-77, Amended 9-21-77, Formerly 34-9.01, Amended
					 2-16-95, 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.0015 - Time Periods

Current through Reg. 50, No. 138; July 16, 2024
In computing any period of time prescribed or allowed by
				  these rules, by order of the Commission, the Chair, or another presiding
				  officer, or by any applicable statute, the time period shall be calculated in
				  accordance with Rule  28-106.103,
				  F.A.C.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.322(2)
					 FS.
New 2-16-95, Amended
					 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.0016 - Filing and Serving Documents; Facsimile Transmissions

Current through Reg. 50, No. 138; July 16, 2024
Pleadings and other documents under the rules of this chapter
				  shall be filed and served in accordance with Rule
				   28-106.104, F.A.C., whether in
				  paper or electronic form, and shall contain the information required by that
				  Rule.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.322(2)
					 FS.
New 2-16-95, Amended
					 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.0017 - Presiding Officer

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of Commission proceedings under Section
				   112.322(2),
				  Florida Statutes, the presiding officer shall be the Chair of the Commission
				  or, in the event the Chair is unavailable, the Vice Chair of the
				  Commission.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.322(2)
					 FS.
New 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.002 - Parties to the Proceeding; Counsel; Qualified Representative

Current through Reg. 50, No. 138; July 16, 2024
The public officer or employee who petitions for a hearing
				  under provisions of this chapter shall be the Petitioner. Petitioner may appear
				  on his own behalf or may be represented by a lawyer or other qualified
				  representative of his choice. All notices and communications to a Petitioner
				  represented by an attorney or qualified representative shall be made through
				  that attorney or qualified representative. The Commission shall be represented
				  by a Solicitor, assigned by and in the discretion of the Commission. The
				  Solicitor shall present at the public hearing all evidence relevant to the
				  cause that was produced by the investigation. No intervenor shall be permitted.
				  Appearances by counsel or other qualified representatives shall be governed by
				  Rules  28-106.105 and
				   28-106.106, F.A.C. The
				  qualifications of a representative shall be determined in accordance with Rule
				   28-106.106, F.A.C. Qualified
				  representatives shall observe the standards of conduct specified in Rule
				   28-106.107,
				  F.A.C.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.322(2),
					 120.62(2)
					 FS.
New 2-23-77, Formerly 34-9.06, Amended 9-21-77, Formerly
					 34-9.02, Amended 2-16-95, 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.003 - Contents of Petition

Current through Reg. 50, No. 138; July 16, 2024
A petition for hearing pursuant to Section
				   112.322(2),
				  F.S., shall contain a statement of the public office or employment held by
				  Petitioner; a statement of the specific allegations made against Petitioner
				  which form the basis of the petition, when and by whom they were made; and a
				  statement of the facts and circumstances which make the allegations of such
				  gravity as to affect the general welfare of the state and the ability of
				  Petitioner effectively to discharge the duties of the office or
				  employment.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.322(2)
					 FS.
New 9-21-77, Formerly 34-9.03, Amended 2-16-95,
					 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.004 - Staff Procedures Upon Receipt of Request for Hearing in Absence of Sworn Complaint

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				receipt of a petition by any public officer or employee seeking a hearing
				before the Ethics Commission to present oral or written testimony pursuant to
				subsection  112.322(2),
				F.S., in response to allegations made against such person that he or she
				engaged in conduct violative of the Code of Ethics, Part III, Chapter 112,
				Florida Statutes, or engaged in any other breach of the public trust, staff
				shall stamp on the face thereof the date on which the petition was received and
				the petition shall be assigned a control number which shall be entered on the
				petition itself and on a folder in which the petition shall be filed as a
				public record.
(2) Upon receipt of
				a petition for a hearing pursuant to Florida Statutes Section
				 112.322(2),
				F.S. the staff of the Commission shall review the petition to determine if
				sufficient detail has been submitted by the Petitioner to enable the Commission
				to judge whether the allegations accuse Petitioner of engaging in conduct
				violative of the Code of Ethics or constituting any other breach of the public
				trust and whether the allegations are of such gravity as to affect the general
				welfare of the state and the ability of Petitioner to effectively discharge the
				duties of office. If the petition is incomplete or insufficient to allow such a
				determination, a copy of the petition shall be returned to Petitioner with a
				request for additional information. The staff shall provide assistance or
				information to persons petitioning for a hearing, but shall not in any manner
				encourage, solicit or discourage a petition for hearing.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.322(2)
					 FS.
New 2-23-77, Formerly 34-9.03, Amended 9-21-77, Formerly
					 34-9.04, Amended 2-16-95, 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.005 - Written Analysis of Sufficiency of Petition

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Executive Director shall review the Petition and make a written analysis (1) of
				whether the allegations made against Petitioner, if true, would constitute a
				violation of any provision of the Code of Ethics or any other breach of the
				public trust and, if so, which provisions, and (2) as to the gravity of the
				allegations and their effect upon the general welfare of the state as well as
				upon the ability of the Petitioner to effectively discharge the duties of
				office. The allegations made against Petitioner need not be as precise as would
				be required by the rules of civil procedure in a court of law. A petition shall
				not be deemed legally insufficient because it is based upon evidence which
				would be hearsay evidence in a court of law. Based upon this analysis, the
				Executive Director shall recommend that the petition for hearing either be
				granted or denied or that additional information be provided by
				Petitioner.
(2) A copy of the
				written analysis shall be sent to Petitioner at least seven (7) days prior to
				bringing it before the Commission in public meeting for Commission disposition,
				provided such period may be shortened with the written consent of
				Petitioner.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.322(2)
					 FS.
New 2-3-77, Formerly 34-9.04, Amended 9-21-77, Formerly
					 34-9.05, Amended 2-16-95, 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.006 - Commission Disposition of Petition

Current through Reg. 50, No. 138; July 16, 2024
(1) In a public
				hearing, the Commission shall find the petition to be legally sufficient and
				grant a public hearing if a majority of those members present and voting
				consider that the allegations, if true, would constitute a violation of the
				Code of Ethics or any other breach of the public trust and that the allegations
				are of such gravity as to affect the general welfare of the state and the
				ability of the Petitioner to discharge effectively the duties of his or her
				office. The Commission shall find the petition to be legally insufficient and
				deny the petition (1) if Petitioner lacks standing; (2) if the allegations
				which gave rise to the petition would not, if true, constitute a violation of
				the Code of Ethics or any other breach of the public trust; or (3) if a
				majority of the Commission present and voting fails to consider the allegations
				to be of such gravity as to affect the general welfare of the state and the
				ability of the Petitioner effectively to discharge the duties of his or her
				office.
(2) If the Commission
				grants a public hearing of the matters alleged, the Commission shall specify
				whether the hearing shall be before the full Commission, before a single
				Commissioner as hearing officer, or before the Division of Administrative
				Hearings; shall determine which provisions of law will be at issue at the
				hearing; and shall order an investigation to determine whether in fact
				Petitioner did violate those provisions.
(3) The Executive Director shall notify
				Petitioner of the Commission's action on the petition not later than five (5)
				days following such action.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.322(2)
					 FS.
New 2-23-77, Amended 9-21-77, Formerly 34-9.06, Amended
					 2-16-95, 7-28-98, 11-24-15.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.0065 - Rules Governing the Proceedings

Current through Reg. 50, No. 138; July 16, 2024
Investigations shall be governed by the rules of this Chapter
				  34-9, F.A.C. Public hearings held before the Commission or its members shall be
				  governed by the Uniform Rules of the Administration Commission, Chapter 28-106,
				  F.A.C. Proceedings before the Commission after the public hearing shall be
				  governed by the Uniform Rules of the Administration Commission, Chapter 28-106,
				  F.A.C., if one of the rules of that chapter is applicable, or by the remaining
				  rules of this chapter.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.322(2)
					 FS.
New 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.007 - Investigations

Current through Reg. 50, No. 138; July 16, 2024
(1) Investigators. Investigations may be
				conducted by Commission staff, by personnel of the Department of Legal Affairs,
				or by any other person or agency so designated by the Executive
				Director.
(2) Scope of
				Investigation. Investigations shall be limited only to encompass facts and
				persons materially related to the issues defined by the Commission in its order
				granting the public hearing, but shall include all facts and persons reasonably
				calculated to lead to evidence admissible at the public hearing.
(3) Investigator to be Impartial. An
				investigator shall be impartial and unbiased in the conduct of the
				investigation. An investigator shall collect all evidence within the limits of
				the scope of the investigation, whether such evidence within the limits of the
				scope of the investigation, whether such evidence tends to prove or disprove
				the allegations. The investigator's duty is to ascertain the truth. If an
				investigator feels that for any reason he or she cannot be impartial or
				unbiased, then such investigator shall so notify the Executive Director and
				shall immediately discontinue working on the investigation. If the Executive
				Director feels that the investigator cannot be unbiased or impartial at any
				time during the investigation, the Executive Director shall terminate any
				further investigation by the investigator.
(4) Investigative Report. Upon completion of
				a thorough investigation, the investigator(s) shall prepare a report to the
				Commission. The report shall contain summaries of statements made to the
				investigator(s) by witnesses and copies of all documents received by the
				investigator(s) which are material to the issues in question. The report shall
				not contain any determination or speculation or recommendation as to whether
				Petitioner violated the Code of Ethics. A copy of the investigative report
				shall be sent to Petitioner upon its completion. Documents shall be
				appropriately labeled and indexed for quick reference.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.322(2)
					 FS.
New 9-21-77, Formerly
					 34-9.07.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.0075 - Delegation of Authority

Current through Reg. 50, No. 138; July 16, 2024
The Commission hereby delegates to its investigators the
				  authority to administer oaths and affirmations, delegates the authority to
				  issue subpoenas to its chair and, in the absence or unavailability of the
				  chair, to its vice chair, and authorizes its employees to serve any subpoena
				  issued under the Commission's authority.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.322(2), (4)
					 FS.
New 2-16-95, Amended
					 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.012 - Disqualification of Commission Members

Current through Reg. 50, No. 138; July 16, 2024
(1) Commission
				members shall be disqualified from sitting either as a member of the Commission
				or as the hearing officer for bias, prejudice, or interest. Disqualification
				may be raised by the Petitioner, by the Solicitor, or by any member.
(2) Unless good cause is shown, all motions
				for disqualification shall be filed with the Commission at least 5 days prior
				to the hearing at which the member is expected to participate. The motion shall
				be accompanied by an affidavit stating the particular grounds.
(3) Unless denied as untimely, the motion
				shall be ruled on by the Commission member whose disqualification is sought;
				the ruling shall be based on the legal sufficiency of the motion and affidavit.
				If the motion and affidavit are found legally sufficient, the member shall
				disqualify himself or herself.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.322(2)
					 FS.
New 2-23-77, Formerly 34-9.09, Amended 9-21-77, Formerly
					 34-9.12, Amended 2-16-95, 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.0121 - Ex Parte Communications

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				commission member shall not initiate nor consider any ex parte communication
				relative to the merits of a pending complaint proceeding by:
(a) A public employee or official engaged in
				prosecution or advocacy in connection with the matter;
(b) A party to the proceeding or any person
				who, directly or indirectly, would have a substantial interest in the proposed
				action of the Commission, or his or her authorized representative or counsel;
				or
(c) Any other individual who has
				personal knowledge of the facts underlying the proceeding, or his or her
				authorized representative or counsel.
Nothing in this subsection shall apply to advisory staff
				  members who do not testify on behalf of the Commission in the proceeding or
				  shall prohibit Commission members who are contacted by any of the above persons
				  from referring them to Commission staff or the Commission
				  Solicitor.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.0153 - Action on Recommended Order by the Full Commission

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Where the hearing has been conducted by a single Commissioner or DOAH
				administrative law judge, the meeting of the full Commission to consider the
				recommended order shall not be an evidentiary "hearing" No new evidence shall
				be taken.
(2) In order to assist
				the Commission in evaluating any exceptions that may have been filed,
				Commission staff may provide a draft final order analyzing the exceptions. If
				one is drafted, copies shall be provided to the Petitioner and the Solicitor
				prior to the final hearing.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.322(2)
					 FS.
New 2-16-95, Amended 7-28-98,
					 11-24-15.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-9 - HEARINGS GRANTED IN ABSENCE OF SWORN COMPLAINT › Section 34-9.016 - Final Action

Current through Reg. 50, No. 138; July 16, 2024
Adoption by the Commission of findings and recommendations
				  for disciplinary action shall constitute final Commission action. The final
				  order shall be signed by the Chair and shall be transmitted by mail to the
				  petitioner and to the proper disciplinary official or body as provided by
				  Section  112.324, F.S.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.322(2)
					 FS.
New 2-23-77, Formerly 34-9.13, Amended 9-21-77, Formerly
					 34-9.16, Amended 2-16-95, 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.010 - Purpose and Scope of Rules

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose
				of this chapter is to implement the provisions of Section
				 112.3215, F.S.
(2) The rules of this chapter shall apply to
				the functions and proceedings of the Commission on Ethics under Section
				 112.3215, F.S., including
				registration of persons who lobby agencies of the Executive Branch or the
				Constitution Revision Commission, reports which must be filed by lobbying
				firms, opinions which may be requested from the Commission concerning the
				application of Section
				 112.3215, F.S., and proceedings
				involving complaints of a violation of the provisions of Section
				 112.3215, F.S. The rules do not
				apply to any of the other functions of the Commission under Article II, Section
				8, Florida Constitution, under Part III, Chapter 112, F.S., or under provisions
				of law other than Section
				 112.3215,
				F.S.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended 1-4-94, 7-2-00,
					 6-15-06.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.015 - Prohibitions

Current through Reg. 50, No. 138; July 16, 2024
(1) No lobbyist or principal shall make,
				directly or indirectly, and no agency official or employee shall knowingly
				accept, directly or indirectly, any expenditure made for the purpose of
				lobbying.
(2) No person shall
				provide compensation for lobbying to any individual or business entity that is
				not a lobbying firm.
(3) No person
				who is a "lobbyist" as defined in Section
				 112.3215(1)(h),
				F.S., and this rule chapter may lobby an agency until such person has
				registered as a lobbyist with the Commission.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 6-15-06.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.030 - Computation of Time

Current through Reg. 50, No. 138; July 16, 2024
In computing any period of time prescribed or allowed by
				  these rules, by order of a presiding officer, or by any applicable statute, the
				  time period shall be calculated in accordance with Rule
				   28-106.103,
				  F.A.C.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended
					 6-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.100 - Lobbyist Defined

Current through Reg. 50, No. 138; July 16, 2024
As used in this chapter and except as excluded in this
				  chapter, "lobbyist" means a person who is employed and receives payment, or who
				  contracts for economic consideration, for the purpose of lobbying, or a person
				  who is principally employed for governmental affairs by another person or
				  governmental entity to lobby an agency on behalf of that other person or
				  governmental entity.
(1) An employee
				of a principal is not a "lobbyist" unless the employee is principally employed
				for governmental affairs. "Principally employed for governmental affairs" means
				that one of the principal or most significant responsibilities of the employee
				to the employer is overseeing the employer's various relationships with
				government or representing the employer in its contacts with
				government.
(2) One who is not an
				employee of a principal is a "lobbyist" if he is retained as an independent
				contractor or otherwise for payment or economic consideration by a person or
				governmental entity to lobby an agency on behalf of that person or governmental
				entity.
(3) If a corporation,
				partnership, firm, or other business organization is retained for payment or
				economic consideration to lobby an agency on behalf of another person or
				governmental entity, only the members, partners, associates, or employees of
				the organization who personally lobby in behalf of that person or governmental
				entity are "lobbyists."
(4) A
				person who lobbies an agency in behalf of himself or in behalf of a business
				entity in which he has an ownership interest is not a "lobbyist" unless he
				comes within one of the above descriptions.
(5) The terms "payment" or "economic
				consideration" do not include receiving only reimbursement for actual travel,
				lodging, and meal expenses.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended 1-4-94, 1-1-97,
					 6-15-06.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.110 - Exclusions for Judicial Proceedings

Current through Reg. 50, No. 138; July 16, 2024
"Lobbyist" does not include an attorney or any other person
				  who represents a client in a judicial proceeding.
(1) Representation of a client in a judicial
				proceeding includes all oral and written communications with an agency or any
				of its representatives which relate to the proceeding.
(2) For purposes of this rule, a judicial
				proceeding does not commence until a complaint, petition, indictment,
				information, or other pleading initiating the proceeding has been filed.
				Therefore, an attorney or other person representing a client who lobbies an
				agency regarding matters which in the future may result in a judicial
				proceeding may be a "lobbyist" for purposes of this chapter if he is seeking to
				influence the agency with respect to a decision of the agency in the area of
				"policy, " as defined in subsection
				 34-12.020(9),
				F.A.C.
(3) A judicial proceeding is
				not concluded until the court or tribunal loses jurisdiction over the
				proceeding. Therefore, an attorney or other person who represents a client
				before an executive branch agency regarding matters on which a court or
				judicial tribunal has jurisdiction to take action is not a
				"lobbyist."
(4) A "judicial
				proceeding" includes a proceeding before a judge of compensation claims
				involving workers' compensation or birth-related neurological
				injuries.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.120 - Exclusions for Administrative Proceedings as to Lobbying Activities Involving Water Management Districts

Current through Reg. 50, No. 138; July 16, 2024
"Lobbyist" does not include an attorney or other person who
				  represents a client in a formal administrative proceeding conducted pursuant to
				  Chapter 120, F.S., or in any other formal hearing before an agency.
(1) Formal administrative proceedings
				conducted pursuant to Chapter 120, F.S., and other formal hearings before an
				agency include:
(a) Formal and informal
				proceedings under Sections
				 120.569 and
				 120.57, F.S., after the filing
				of a petition or request for hearing which initiates the proceeding;
(b) Rule challenge proceedings under Section
				 120.56, F.S., after the filing
				of the petition or request with the Division of Administrative
				Hearings;
(c) Declaratory statement
				proceedings under Section
				 120.565, F.S., after the filing
				of the petition for a declaratory statement;
(d) Bid protest proceedings under Section
				 120.57(3),
				F.S., after the filing of a formal written protest; and
(e) All other hearings of an agency of a
				similar nature to a hearing governed by a provision of Chapter 120, F.S., after
				the filing of the petition, complaint, or request which initiates the
				proceeding.
(f) An attorney or
				other person representing a client who lobbies an agency regarding matters
				which in the future may result in an administrative proceeding described in
				paragraphs (a) through (e) above may be a "lobbyist" for purposes of this
				chapter if he is seeking to influence the agency with respect to a decision of
				the agency in the area of "policy, " as defined in subsection
				 34-12.020(9),
				F.A.C.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.125 - Exclusions for Administrative Proceedings

Current through Reg. 50, No. 138; July 16, 2024
[Notice: This rule replaces Rule
				   34-12.120, F.A.C., except with
				  respect to lobbying activities involving water management districts. Chapter
				  2014-183, Section 6, Laws of Florida, created Section
				   112.3261, F.S., "Lobbying before
				  water management districts; registration." That section provides that "lobbies"
				  means seeking, on behalf of another person, to influence a water management
				  district with respect to a decision of the district in an area of policy or
				  procurement or an attempt to obtain the goodwill of a district official or
				  employee. The term "lobbies" shall be interpreted and applied consistently with
				  the rules of the commission implementing Section
				   112.3215, F.S. As Rule
				   34-12.125, F.A.C., was not in
				  existence when the Legislature enacted Section
				   112.3261, F.S., on May 2, 2014,
				  the rule is not incorporated by reference into Section
				   112.3261, F.S.]
"Lobbyist" does not include an attorney or other person who
				  represents a client in a formal administrative proceeding conducted pursuant to
				  Chapter 120, F.S., or in any other formal hearing before an agency.
(1) Formal administrative proceedings
				conducted pursuant to Chapter 120, F.S., and other formal hearings before an
				agency include:
(a) Formal and informal
				proceedings under Sections
				 120.569 and
				 120.57, F.S., after the filing
				of a petition or request for hearing which initiates the proceeding;
(b) Rule challenge proceedings under Section
				 120.56, F.S., after the filing
				of the petition or request with the Division of Administrative
				Hearings;
(c) Declaratory statement
				proceedings under Section
				 120.565, F.S., after the filing
				of the petition for a declaratory statement;
(d) Bid protest proceedings under Section
				 120.57(3),
				F.S., after the filing of a formal written protest;
(e) Rulemaking proceedings under Section
				120.54. F.S., after the publication of the notice of rule development pursuant
				to Section  120.54(2),
				F.S., or the filing of a petition to initiate rulemaking pursuant to Section
				 120.54(7),
				F.S., and,
(f) All other hearings
				of an agency of a similar nature to a hearing governed by a provision of
				Chapter 120, F.S., after the filing of the petition, complaint, or request
				which initiates the proceeding.
(g)
				An attorney or other person representing a client who lobbies an agency
				regarding matters which in the future may result in an administrative
				proceeding described in subsections (a) through (f) above may be a "lobbyist"
				for purposes of this rule if he or she is seeking to influence the agency with
				respect to a decision of the agency in the area of "policy, " as defined in
				subsection  34-12.020(9),
				F.A.C.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.130 - Exclusion for Officers or Employees of Agencies or Legislative or Judicial Branch Entities

Current through Reg. 50, No. 138; July 16, 2024
An officer or employee of a state agency or a legislative or
				  judicial branch entity is excluded from being a "lobbyist" when acting on its
				  behalf in the normal course of his or her duties.
Rulemaking Authority
					  112.3215,
					 112.322(9) FS.
					 Law Implemented Chapter 2014-183, Section 6, L.O.F.,
					 112.3215,
					  112.3261,
					 FS.
New 10-12-89, Amended 1-4-94, 7-2-00,
					 12-21-00.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.140 - Exclusion for Confidential Informants

Current through Reg. 50, No. 138; July 16, 2024
"Lobbyist" does not include a confidential informant who is
				  providing, or wishes to provide, confidential information to be used for law
				  enforcement purposes.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended
					 1-4-94.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.150 - Exclusion for Category One Purchases

Current through Reg. 50, No. 138; July 16, 2024
"Lobbyist" does not include a person who lobbies to procure a
				  contract pursuant to Chapter 287, F.S., which contract does not exceed category
				  one as provided in Section
				   287.017(1),
				  F.S.
Rulemaking Authority
					 112.3215,
					 112.322(9) FS.
					 Law Implemented 112.3215
					 FS.
New 10-12-89, Amended
					 1-4-94.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-12 - EXECUTIVE BRANCH LOBBYIST REGISTRATION › Section 34-12.160 - Examples of Lobbying Activities Involving Water Management Districts

Current through Reg. 50, No. 138; July 16, 2024
As used in this rule, "lobbying" activities include, for
				  example:
(1) The representation of a
				client in communications with the Office of the Governor with respect to
				legislative matters.
(2) Seeking to
				influence the content of an agency's request for proposals or specifications
				for the purchase of goods or services on behalf of another person or
				governmental entity, unless in regard to the category of purchases described in
				Rule  34-12.150, F.A.C.
(3) Seeking to influence the priority given
				by an agency to the purchase of land or to a construction project on behalf of
				another person or governmental entity.
(4) Seeking to influence an agency's decision
				regarding a proposed rule in behalf of a client through communications with
				agency personnel outside of a publicly noticed agency hearing or
				workshop.
(5) Seeking to influence
				an agency in behalf of a person or governmental entity with respect to policies
				of the agency.
Rulemaking Authority
					  112.3215,
					 112.322(9) FS.
					 Law Implemented Chapter 2014-183, Section 6, L.O.F.,
					 112.3215,
					  112.3261 FS.
New 10-12-89, Amended 1-4-94,
					 10-19-14.