Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-6 - ADVISORY OPINIONS › Section 34-6.006 - Receipt of Requests for Advisory Opinions and Withdrawal of Requests

Current through Reg. 50, No. 138; July 16, 2024
(1) The staff of the Commission shall review
				each request for an advisory opinion. If the staff determines that the person
				making the request is not a person who may receive an advisory opinion as
				provided in Rule  34-6.002, F.A.C. above, the
				staff shall promptly notify the person making the request that an advisory
				opinion cannot be rendered. If the person making the request disagrees with the
				staff's notification, he or she may request in writing that the Commission
				decide whether he or she has standing to receive an opinion, in which case the
				matter shall be agendaed for action at the next available Commission
				meeting.
(2) If the person seeking
				the advisory opinion is entitled to receive an advisory opinion, the staff
				shall promptly acknowledge receipt of the request. The person requesting the
				opinion shall also be provided with an authorization to sign and return to the
				Commission, authorizing the Commission to publish the person's name and that of
				an employee or appointee about whom the person is authorized to inquire when
				the opinion is published. In addition, the authorization shall provide for the
				signature of the person who initiated the request for the opinion, if different
				from the person requesting the opinion, authorizing the Commission to publish
				his or her name. The authorization shall state that unless consent is given,
				these names will not be published.
(3) If at any time after receipt of a request
				for an opinion the staff or any Commission member believes that additional
				relevant information is needed, the person requesting the opinion shall be
				notified and asked to furnish such additional information.
(4) Working drafts of advisory opinions shall
				be prepared by staff of the Commission, under the supervision of the Executive
				Director. The Executive Director shall approve the final working draft, or may
				have alternative working drafts prepared, as appropriate.
(5) When a working draft of the advisory
				opinion is completed and approved by the Executive Director, it shall be mailed
				to all Commission members at least ten (10) days prior to the next regularly
				scheduled meeting of the Commission. The advisory opinion shall be placed on
				the agenda of the next meeting for consideration by the Commission.
(6) The person requesting the opinion shall
				be mailed a copy of the working draft or drafts, together with notification of
				the time and place of the Commission meeting at which the advisory opinion will
				be agendaed for action, at least seven (7) days prior thereto. The person
				requesting the opinion shall be advised that the working draft or drafts are
				not final, and that any additional comments, legal memoranda, or further
				information relevant to the opinion should be submitted as promptly as
				possible, but no later than the day prior to the meeting when the advisory
				opinion will be considered. The person requesting the opinion shall also be
				advised that he or she may attend the meeting and be heard by the Commission
				with respect to the opinion.
(7)
				The person requesting an advisory opinion may not withdraw his request after
				copies of the working draft of the opinion have been sent to him and to
				Commission members except with the consent of the Commission for good cause
				shown. Any advisory opinion issued by the Commission subsequent to an attempted
				withdrawal of request shall be binding in accordance with Rule
				 34-6.008,
				F.A.C.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.3215(12),
					 112.322(3),
					 350.041(4),
					 350.043
					 FS.
New 4-11-76, Amended 4-7-77, 9-21-77, 1-23-78, Formerly
					 34-6.06, Amended 8-7-94, 7-28-98,
					 11-24-15.