reglab/statecodes huggingface dataset:
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.003 - Subpoenas During Preliminary Investigation

Current through Reg. 50, No. 138; July 16, 2024
When an investigation of a complaint is ordered or at any
				  time thereafter, upon recommendation of the Executive Director or upon motion
				  of the Commission, the Commission Chair or other member authorized by the
				  Commission may authorize the issuance of subpoenas or subpoenas duces tecum.
				  Each subpoena shall be signed by the Chair or other member authorized by the
				  Commission and shall state the person, documents, or other things to be
				  subpoenaed. Each subpoena further shall name the person before whom the witness
				  is to give testimony, and shall state in general terms the subject matter of
				  the testimony to be elicited. If documents or other things are to be produced,
				  the subpoena shall describe the same with as much specificity as reasonably
				  practicable. The subpoena shall state clearly on its face that it is issued by
				  the Commission on Ethics in accordance with its authority to investigate
				  complaints of breaches of public trust. Such subpoenas shall be issued for
				  investigative purposes only, and neither the complainant, the respondent, nor
				  their counsel shall be entitled to attend the investigative proceeding at which
				  the witness is to give a sworn statement unless the complainant or respondent
				  is the person subpoenaed.
Rulemaking Authority
					  112.322 (9) FS.
					 Law Implemented Art. II, Section 8(f), (h), Fla. Const.,
					 112.322,
					  112.324 FS.
New 4-7-77, Amended 9-21-77, 7-13-80, 11-26-80, Formerly
					 34-5.03, Amended 2-19-91, 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.004 - Investigations

Current through Reg. 50, No. 138; July 16, 2024
(1) Commencement of Investigations.
				Investigations shall be initiated only as provided above in Rule
				 34-5.002, F.A.C., provided that
				information from public records may be obtained by staff prior to the ordering
				of an investigation to aid in the just and efficient resolution of a
				complaint.
(2) Investigators.
				Investigation shall be conducted by Commission staff, by personnel of the
				Department of Legal Affairs, or by any other person or agency so designated by
				the Commission.
(3) Scope of
				Investigation. Investigations shall be limited to the allegations of the
				complaint, but shall include an investigation of all facts and persons
				materially related to the complaint at issue.
(4) Evidence of Wrongful Acts Unrelated to
				the Complaint. If during the course of an investigation evidence of a wrongful
				act not materially related to the complaint at issue is discovered by the
				investigator, such evidence shall be reported to the Commission in a separate
				investigator's report. The wrongful act shall not be further investigated by
				the investigator in the absence of a complaint with respect thereto. Upon
				receipt of a separate investigator's report containing evidence of a wrongful
				act not materially related to the complaint at issue, the Commission shall:
(a) as soon as practicable forward evidence
				of the commission of a crime to the appropriate law enforcement official;
				and
(b) forward evidence of the
				commission of any other wrongful act to the appropriate disciplinary or law
				enforcement official as soon as practicable following the completion of the
				preliminary investigation. If upon independent investigation the appropriate
				disciplinary official wishes to file a complaint with the Commission he or she
				may do so and said complaint shall be received and considered by the Commission
				in the same manner as any other complaint.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.0043 - Investigation of Facts and Parties Materially Related to Complaint

Current through Reg. 50, No. 138; July 16, 2024
The Commission has the duty to investigate all facts and
				  parties materially related to the complaint at issue.
(1) Facts materially related to the complaint
				include facts which tend to show:
(a) A
				separate violation of Art. II, Sec. 8, Fla. Const. or the Code of Ethics by the
				respondent other than as alleged in the complaint and consisting of separate
				instances of the same or similar conduct by respondent as alleged in the
				complaint; or
(b) A separate
				violation of Art. II, Sec. 8, Fla. Const. or the Code of Ethics by the
				respondent from that alleged in the complaint which arises out of or in
				connection with the allegations of the complaint.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.0045 - Counsel

Current through Reg. 50, No. 138; July 16, 2024
(1) Respondent. Respondent may appear on his
				or her own behalf or may be represented by a lawyer or other qualified
				representative. All notices and communications to a respondent represented by a
				lawyer or qualified representative shall be made through the respondent's
				lawyer or qualified representative.
(2) Advocate. The Advocate presenting the
				matter before the Commission shall be an Assistant Attorney General or another
				attorney designated by the Commission as Advocate. The Advocate represents the
				Commission in its prosecutorial function.
(3) Complainant. To the limited extent the
				complainant is entitled to participate or observe Commission proceedings, the
				complainant may be represented by legal counsel or other qualified
				representative. All notices and communications to a complainant represented by
				a lawyer or qualified representative shall be made through complainant's lawyer
				or qualified representative.
(4)
				Appearances. 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 Art. II, Section 8(f), (h), Fla. Const.,
					 112.322,
					  112.324,
					  120.62(2) 
					 FS.
New 7-13-80, Formerly 34-5.12, 34-5.045, Amended 2-16-95,
					 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.005 - Motions to Dismiss for Lack of Jurisdiction

Current through Reg. 50, No. 138; July 16, 2024
Within a reasonable time before the hearing specified in Rule
				   34-5.006, F.A.C. is to be held,
				  respondent may file with the Commission a written motion to dismiss the
				  complaint for lack of jurisdiction which motion shall state with particularity
				  the grounds therefor. The respondent shall simultaneously serve a copy of any
				  such motion upon the Advocate. The Commission shall hear arguments of the
				  respondent and Advocate on such motion prior to the hearing on the complaint
				  specified in Rule  34-5.006, F.A.C. If the
				  Commission finds that it has jurisdiction over matters alleged in the
				  complaint, it shall deny respondent's motion with respect to those allegations
				  and shall proceed to the hearing. If the Commission finds that it has no
				  jurisdiction over matters alleged in the complaint, it shall order the
				  complaint dismissed with respect to those allegations and shall proceed in
				  accordance with Rule  34-5.002, F.A.C. as if such
				  allegations had been found insufficient under that rule.
Rulemaking Authority
					  112.322 (9) FS.
					 Law Implemented Art. II, Section 8(f), (h), Fla. Const.,
					 112.322,
					  112.324 FS.
New 4-7-77, Amended 9-21-77, 7-13-80, Formerly
					 34-5.05.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.007 - Notification of Manner of Disposition

Current through Reg. 50, No. 138; July 16, 2024
Upon the Commission's ordering a public hearing of a
				  complaint or a public report, as provided in Rule
				   34-5.006, F.A.C. the Executive
				  Director shall so notify the complainant and the respondent in writing. The
				  complainant also shall be provided with a copy of the report of investigation
				  and of the Advocate's written recommendation.
Rulemaking Authority
					  112.322 (9) FS.
					 Law Implemented Art. II, Section 8(f), (h), Fla. Const.,
					 112.322,
					  112.324 FS.
New 4-7-77, Amended 9-21-77, 7-13-80, Formerly 34-5.07,
					 Amended 2-19-91, 7-5-92, 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.008 - Confidentiality

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as otherwise provided in these
				rules, the complaint and all staff and Commission activities, proceedings, and
				documents relating to the complaint shall be confidential until either:
(a) Confidentiality is waived in writing by
				the respondent; or
(b) The
				Commission orders the complaint dismissed, as provided in Rule
				 34-5.002, F.A.C.; or
(c) The Commission orders a public report, or
				a public hearing, as provided in Rule
				 34-5.006, F.A.C. When
				confidentiality is waived, the Commission orders the complaint dismissed, or
				the Commission orders a public report or a public hearing, all materials
				relating to the complaint shall become public records available to the public
				as provided in Chapter 119, F.S., except to the extent the materials are
				otherwise exempted from disclosure under the public records
				law.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.010 - Public Hearings

Current through Reg. 50, No. 138; July 16, 2024
Public hearings may be conducted by the full Commission, by a
				  single Commission member, or by the Division of Administrative Hearings, as
				  directed by the Chair of the Commission after considering the Commission's
				  workload. The Commission may refer the matter by letter to the Division of
				  Administrative Hearings for the appointment of an administrative law judge.
				  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, and, if not, by the rules of
				  this chapter.
Rulemaking Authority
					  112.322 (9) FS.
					 Law Implemented Art. II, Section 8(f), (h), Fla. Const.,
					 112.322,
					  112.324 FS.
New 4-7-77, Amended 9-21-77, 7-13-80, Formerly 34-5.10,
					 Amended 2-19-91, 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.011 - Parties to Public Hearings

Current through Reg. 50, No. 138; July 16, 2024
The person accused of breach of public trust shall be the
				  respondent. Respondent shall be the only party unless consolidation of
				  complaints is granted. The Advocate shall be a full participant in the
				  proceeding and shall present all the evidence relevant to the cause that was
				  produced by the preliminary investigation and such additional evidence as may
				  be obtained through discovery or further investigation.
Rulemaking Authority
					  112.322 (9) FS.
					 Law Implemented Art. II, Section 8(f), (h), Fla. Const.,
					 112.322,
					  112.324 FS.
New 4-7-77, Amended 9-21-77, 7-13-80, Formerly 34-5.11,
					 Amended 2-16-95, 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.017 - Disqualification of Commission Members

Current through Reg. 50, No. 138; July 16, 2024
(1) Commission
				members shall be disqualified from sitting as a member of the Commission at
				either the probable cause hearing or the final public hearing for bias,
				prejudice, or interest. Disqualification may be raised by a party, by the
				Advocate, or by any member, but not by the complainant.
(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 Art. II, Section 8(f), (h), Fla.
					 Const., 112.322(9) FS.
					 Law Implemented Art. II, Section 8(f), (h), Fla.
					 Const.
New 4-7-77, Amended 9-21-77, 7-13-80, Formerly 34-5.17,
					 Amended 2-16-95.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.0171 - 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) A complainant or 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
				  Advocate.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.020 - Stipulations, Settlements, and Consent Orders

Current through Reg. 50, No. 138; July 16, 2024
Informal disposition of the complaint may be made of any
				  proceeding by stipulation, agreed settlement, or consent order between the
				  Advocate and the Respondent, upon approval of the Commission in a public
				  meeting, so long as a public report is made.
(1) The Advocate is not required to present
				or propose to the Commission a stipulation, settlement, or consent order offer
				from the Respondent unless the Advocate agrees to the terms of the
				offer.
(2) Commission staff shall
				send to the complainant a copy of the proposed stipulation, settlement, or
				consent order, notify the complainant of the meeting at which the Commission
				will consider the proposed stipulation or order, and advise the complainant
				that any written response to the proposed stipulation or order submitted by the
				complainant will be provided to the Commission for its consideration. If the
				complainant files a written response, a copy of it will be provided to the
				Respondent and the Advocate by Commission staff.
Rulemaking Authority
					  112.322 (9) FS.
					 Law Implemented Art. II, Section 8(f), (h), Fla. Const.
					 112.322,
					  112.324 FS.
New 7-13-80, Formerly 34-5.20, Amended 2-16-95,
					 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.024 - Action on Recommended Public Report or 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 public
				report shall not be an evidentiary "hearing." No new evidence shall be
				taken.
(2) As the complainant is
				not a party, the complainant is not entitled to address the Commission either
				orally or in writing in response to the recommended order.
(3) 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 respondent and the Advocate prior to the final
				hearing.
Rulemaking Authority
					  112.322 (9) FS.
					 Law Implemented Art. II, Section 8(f), (h), Fla. Const.,
					 112.322,
					  112.324 FS.
New 2-16-95, Amended 7-28-98,
					 7-30-00.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.025 - Transmittal of Public Report

Current through Reg. 50, No. 138; July 16, 2024
The public report shall be signed by the Chair, shall be
				  transmitted by mail to the respondent and complainant, and shall be made
				  available to the public.
Rulemaking Authority
					  112.322 (9) FS.
					 Law Implemented Art. II, Section 8(f), (h), Fla. Const.,
					 112.322,
					  112.324 FS.
New 4-7-77, Amended 9-21-77, 7-13-80, Formerly 34-5.25,
					 Amended 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-6 - ADVISORY OPINIONS › Section 34-6.001 - General

Current through Reg. 50, No. 138; July 16, 2024
The Commission on Ethics is authorized to render advisory
				  opinions about the application of the Sunshine Amendment (Article II, Section
				  8, Florida Constitution), of the Code of Ethics for Public Officers and
				  Employees (Part III, Chapter 112, F.S.), and of Sections
				   350.031,
				   350.04,
				   350.041 and
				   350.042, F.S. If a person does
				  not have standing to receive an advisory opinion from the Commission, but would
				  have standing to receive a declaratory statement, or if the Commission does not
				  have the authority to render an advisory opinion, but would have the authority
				  to render a declaratory statement, the Commission may issue a declaratory
				  statement.
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 9-21-77, Formerly 34-6.01, Amended
					 8-7-94, 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-6 - ADVISORY OPINIONS › Section 34-6.002 - Persons Who May Receive an Advisory Opinion - Standing

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				public officer, candidate for public office, or public employee may request an
				advisory opinion about how Art. II, Sec. 8, Fla. Const., or the Code of Ethics
				applies to his or her own situation.
(2) A public officer or employee having the
				power to hire or terminate employees may request an advisory opinion about how
				the Code of Ethics applies to any such employee or applicant for employment. A
				public officer having the authority to appoint a person to public office may
				request an advisory opinion under the Code of Ethics with respect to any such
				person; where an appointment is made by a commission, council, or board rather
				than by an individual public officer, the commission, council, or board may
				request an advisory opinion with respect to any such appointee.
(3) A former public officer or employee may
				request an advisory opinion concerning any provision of the Code of Ethics or
				the Sunshine Amendment which might apply to him or her in a post-office holding
				or post-employment context.
(4) A
				member of the Public Service Commission or of the Florida Public Service
				Commission Nominating Council may request an advisory opinion from the
				Commission as provided in Sections
				 350.041 and
				 350.043, F.S.
(5) Any person may request an advisory
				opinion concerning the applicability and interpretation of Section
				 112.3215, F.S., to himself or
				herself in a particular context.
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 9-21-77, 1-23-78, 7-2-80, Formerly
					 34-6.02, Amended 8-7-94, 7-28-98,
					 11-24-15.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-6 - ADVISORY OPINIONS › Section 34-6.003 - Subject Matter of Advisory Opinions

Current through Reg. 50, No. 138; July 16, 2024
Advisory opinions may be rendered only with respect to the
				  interpretation and applicability of Article II, Section 8, Florida
				  Constitution, of Part III, Chapter 112 or Sections
				   350.31,
				   350.04,
				   350.041 and
				   350.042, F.S.
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 9-21-77, 1-23-78, Formerly 34-6.03,
					 Amended 8-7-94.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-6 - ADVISORY OPINIONS › Section 34-6.004 - Form of Requests for Opinions

Current through Reg. 50, No. 138; July 16, 2024
Requests for opinions shall be in writing and signed by the
				  person making the request or by his or her representative. Requests for
				  opinions shall state the official status of the person making the request and
				  shall state all material facts necessary for the Commission on Ethics to
				  understand the circumstances and render a complete and correct opinion. The
				  person requesting the opinion may at any time furnish the Commission with legal
				  memoranda, additional facts, or any other information relevant to the opinion
				  requested.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322(3),
					 350.041(4),
					 350.043
					 FS.
New 4-11-76, Formerly 34-6.04, Amended
					 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-6 - ADVISORY OPINIONS › Section 34-6.0065 - Emergency Requests for Advisory Opinions

Current through Reg. 50, No. 138; July 16, 2024
Except in emergency situations or for other good cause shown,
				  no request for an advisory opinion shall be agendaed for Commission action at a
				  public meeting if the request is received after the fifteenth day prior to the
				  meeting. The decision of whether an emergency exists or whether good cause has
				  been shown shall lie within the discretion of the Chairman and the Executive
				  Director, who shall decide whether to agenda the request based upon a written
				  statement from the person(s) requesting the opinion describing the facts and
				  circumstances constituting an emergency or good cause.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.3215(12),
					 112.322(3),
					 350.041(4),
					 350.043
					 FS.
New 4-21-83, Formerly 34-6.065, Amended 8-7-94,
					 11-24-15.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-6 - ADVISORY OPINIONS › Section 34-6.007 - Consideration and Issuance of Advisory Opinions by the Commission

Current through Reg. 50, No. 138; July 16, 2024
(1) The draft or drafts of the advisory
				opinion shall be considered as an agenda item by the Commission and adopted in
				full, amended, modified, or rejected. The Commission may take any other action
				necessary for the rendition of a full and accurate opinion, including, but not
				limited to, directions that further information be provided or that further
				research be undertaken.
(2)
				Advisory opinions approved by the Commission shall be issued bearing the date
				and number and be signed by the Chairman. The advisory opinion shall be mailed
				as soon as practicable to the person who requested the
				opinion.
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 9-21-77, 7-2-80, Formerly 34-6.07,
					 Amended 8-7-94, 11-24-15.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-6 - ADVISORY OPINIONS › Section 34-6.008 - Effect of an Advisory Opinion (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented 112.3215(10),
					 112.322(3),
					 350.041(3),
					 350.043
					 FS.
New 4-11-76, Amended 9-21-77, Formerly 34-6.08, Amended
					 8-7-94, 7-28-98, Repealed 11-24-15.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-6 - ADVISORY OPINIONS › Section 34-6.009 - Publication of the Name of the Person Seeking the Advisory Opinion

Current through Reg. 50, No. 138; July 16, 2024
Advisory opinions shall be published, but the name of the
				  person seeking the advisory opinion, the name of an employee or appointee about
				  whom he or she is authorized to inquire, and the name of the person who
				  initiated the request for the opinion, if different, shall not be published
				  unless consent to the use of these names is received by the
				  Commission.
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 1-23-78, Formerly 34-6.09, Amended
					 8-7-94, 7-28-98, 11-24-15.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-6 - ADVISORY OPINIONS › Section 34-6.010 - Publication of Advisory Opinions

Current through Reg. 50, No. 138; July 16, 2024
Advisory opinions shall be numbered sequentially and dated.
				  The first two digits of the advisory opinion number shall be the last two
				  digits of the year in which the opinion was rendered. Following the year shall
				  be a dash and the number of the opinion. For example, the tenth opinion issued
				  in 1978 will be 78-10, or CEO 78-10.
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 1-12-78, Formerly 34-6.10, Amended
					 8-7-94.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-7 - ETHICS TRAINING, FORMS AND INSTRUCTIONS › Section 34-7.001 - Procedure for Adopting Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. II, Section 8(h), Fla. Const.,
					 112.322(10),
					  120.53(1) (b)
					 FS. Law Implemented 120.53(1),
					  120.54,
					  112.3147,
					  112.3215(13),
					  112.322 FS., Art. II Section
					 8(h)(l), Fla. Const.
New 4-11-76, Amended 4-7-77, 9-21-77, Formerly 34-7.01,
					 Amended 7-10-88, 3-4-91, Repealed
					 6-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-7 - ETHICS TRAINING, FORMS AND INSTRUCTIONS › Section 34-7.002 - Procedure for Adopting Instructions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 112.322(10),
					 120.53(1),
					 120.54(1)(b)
					 FS. Law Implemented  120.53(1)(b),
					  120.54,
					  112.320 FS.
New 4-11-76, Formerly 34-8.01, Amended 4-7-77, 9-21-77,
					 Formerly 34-7.02, Amended 7-10-88, 3-4-91, Repealed
					 6-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-7 - ETHICS TRAINING, FORMS AND INSTRUCTIONS › Section 34-7.011 - Form 2, Quarterly Client Disclosure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 112.322(10),
					 120.53(1),
					 120.54(1)(b)
					 FS. Law Implemented  120.53(1)(b),
					  120.54,
					  112.320 FS.
New 4-11-76, Formerly 34-8.01, Amended 4-7-77, 9-21-77,
					 Formerly 34-7.02, Amended 7-10-88, 3-4-91, Repealed
					 6-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-7 - ETHICS TRAINING, FORMS AND INSTRUCTIONS › Section 34-7.012 - Form 3, Disclosure of Specified Business Interests (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1)(b)
					 FS. Law Implemented 112.3147,
					 112.313(9)
					 FS.
New 4-11-76, Formerly 34-7.12, Repealed
					 9-21-77.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-7 - ETHICS TRAINING, FORMS AND INSTRUCTIONS › Section 34-7.013 - Form 4, Memorandum of Voting Conflict (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1)(b)
					 FS. Law Implemented 112.3147,
					 112.3143
					 FS.
New 4-11-76, Formerly 34-7.13, Repealed
					 9-21-77.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-7 - ETHICS TRAINING, FORMS AND INSTRUCTIONS › Section 34-7.014 - Form 5, Request for Other Concurrent Employment by Full-Time Legislative Employees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1)(b)
					 FS. Law Implemented 112.3147,
					 112.3141(2)
					 FS.
New 4-11-76, Formerly 34-7.14, Repealed
					 9-21-77.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-7 - ETHICS TRAINING, FORMS AND INSTRUCTIONS › Section 34-7.021 - Form 50, Complaint (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1)(b)
					 FS. Law Implemented 112.324
					 FS.
New 4-11-76, Formerly 34-7.22, Repealed
					 9-21-77.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-7 - ETHICS TRAINING, FORMS AND INSTRUCTIONS › Section 34-7.025 - Ethics Training Course Content

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Constitutional officers, elected municipal officers, commissioners of community
				redevelopment agencies created under Part III of Chapter 163, F.S., and elected
				local officers of independent special districts, as defined in Section
				 189.012, Florida Statutes,
				including any person appointed to fill a vacancy for an unexpired term of such
				elective office of an independent special district, are required by Section
				 112.3142, F.S., to complete four
				(4) hours of ethics training each calendar year.
(2)
(a) In
				addition to receiving training on Florida's public records laws (Chapter 119,
				F.S.) and open meetings laws (Chapter 286, F.S.), constitutional officers,
				elected municipal officers, commissioners of community redevelopment agencies
				created under Part III of Chapter 163, F.S., and elected local officers of
				independent special districts, as defined in Section
				 189.012, Florida Statutes,
				including any person appointed to fill a vacancy for an unexpired term of such
				elective office of an independent special district, are required to obtain
				ethics training that is derived from Article II, Section 8, Florida
				Constitution, "Ethics in Government, " and Chapter 112, Part III, F.S., the
				"Code of Ethics for Public Officers and Employees."
(b) Providers may develop and offer courses
				using a "menu" approach to fulfill agency-specific training needs. Subjects
				that must be covered in training shall include one or more of the following:
1. Doing business with one's own
				agency;
2. Conflicting employment
				or contractual relationships;
3.
				Misuse of position;
4. Disclosure
				or use of certain information;
5.
				Gifts and honoraria, including solicitation and acceptance of gifts, and
				unauthorized compensation;
6.
				Post-officeholding restrictions;
7.
				Restrictions on the employment of relatives;
8. Voting conflicts when the constitutional
				officer is a member of a collegial body and votes in his or her official
				capacity;
9. Financial disclosure
				requirements, including the automatic fine and appeal process;
10. Commission procedures on ethics
				complaints and referrals; and
11.
				The importance of and process for obtaining advisory opinions rendered by the
				Commission.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-8 - DISCLOSURE OF FINANCIAL INTERESTS › Section 34-8.003 - Persons Required to File Full and Public Disclosure

Current through Reg. 50, No. 138; July 16, 2024
The following officers and candidates have been specified by
				  Article II, Section 8, Florida Constitution, to file full and public
				  disclosure:
(1) All elected
				constitutional officers and all candidates for elected constitutional offices,
				which offices include the Governor; the Lieutenant Governor; the members of the
				Cabinet; the members of the Legislature; State Attorneys; Public Defenders;
				Clerks of the Circuit Courts; Sheriffs; County Tax Collectors, Property
				Appraisers and Supervisors of Elections; County Commissioners; all elective
				offices in a chartered county government, the duties of which office consist of
				performing the duties of any of the above constitutional offices;
				Superintendents of Schools if elected; and members of District School
				Boards.
(2) Each person holding
				statewide elective office who is not elected to one of the offices listed above
				in subsection  34-8.003(1),
				F.A.C.
(3) Mayors and the elected
				members of the governing body of a municipality.
(4) Each member of the Commission on
				Ethics.
(5) Such other public
				officers, candidates, and employees as are required by law to file full and
				public disclosure.
Rulemaking Authority Art. II, Section 8, Fla. Const.,
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					  112.3144 FS.
New 4-7-77, Amended 9-21-77, 10-3-84, Formerly 34-8.03,
					 Amended 8-7-94, 10-12-15, 1-1-24.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-8 - DISCLOSURE OF FINANCIAL INTERESTS › Section 34-8.004 - Disclosure of Net Worth, Assets and Liabilities

Current through Reg. 50, No. 138; July 16, 2024
The Commission shall prescribe a part of the CE Form 6 - Full
				  and Public Disclosure of Financial Interests for disclosure of net worth,
				  assets and liabilities which satisfies the financial interest requirements of
				  Article II, Section 8 of the Florida Constitution, as amended by Part III,
				  Chapter 112, F.S. This disclosure filing shall provide space for the specific
				  identification and value of each asset which exceeds $1, 000.00 in value and
				  for the name and address of the creditor for each liability which exceeds $1,
				  000.00 in amount and its amount, and shall require a statement of the value of
				  the reporting person's net worth as of December 31st of the preceding year or a
				  more current date. The disclosure filing shall provide for the officer's or
				  candidate's written declaration, as provided for under Section
				   92.525(2),
				  F.S., and electronic signature verifying the information contained in the
				  completed filing. The disclosure filing for disclosure of net worth, assets and
				  liabilities prescribed pursuant to this rule shall be used by any officer,
				  employee, or candidate required to file full and public disclosure of his or
				  her financial interests pursuant to Article II, Section 8 of the Florida
				  Constitution.
Rulemaking Authority Art. II, Section 8, Fla. Const.,
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					  112.3144,
					  112.312 FS.
New 4-7-77, Amended 10-3-84, Formerly 34-8.04, Amended
					 8-7-94, 1-1-22.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-8 - DISCLOSURE OF FINANCIAL INTERESTS › Section 34-8.005 - Disclosure of Sources and Amounts of Income

Current through Reg. 50, No. 138; July 16, 2024
The Commission shall prescribe as part of the CE Form 6 -
				  Full and Public Disclosure of Financial Interests provisions for the disclosure
				  of sources and amounts of income and for the disclosure of secondary sources of
				  income as required by Article II, Section 8 of the Florida Constitution.
(1) The filing for disclosure of income
				sources shall provide for the disclosure of the name and address of each source
				of income which exceeds $1, 000.00 received by the officer or candidate or by
				any person for the officer's or candidate's benefit and use during the previous
				tax year. The filing also shall provide for disclosure of the amount of income
				received from each source and shall provide for the officer's or candidate's
				written declaration, as provided for under Section
				 92.525(2),
				F.S., and electronic signature verifying the information contained in the
				completed filing.
(2) For the
				purpose of reporting income on a CE Form 6 - Full and Public Disclosure of
				Financial Interests, the filer may submit a federal income tax return, provided
				he or she includes all attachments and schedules associated with the federal
				income tax return.
(3) A "secondary
				source of income" shall mean any one customer, client or other source of income
				which provides in excess of 10% of the total income of a business entity, as
				shown on that business entity's most recently filed income tax return, during
				the previous tax year in which a person subject to full and public disclosure
				of financial interests own in excess of five percent (5%) of the business
				entity's total assets or capital stock and from which such person derived in
				excess of $1, 000.00 income during the previous tax year.
(4) The filing for disclosure of secondary
				sources of income shall provide for the officer's or candidate's written
				declaration, as provided for under Section
				 92.525(2),
				F.S., and electronic signature verifying the information contained in the
				completed filing.
(5) If disclosure
				of identifying information regarding a source of income or secondary source of
				income will violate confidentiality or privilege pursuant to law or rules
				governing attorneys, a filer, who is also an attorney, may indicate he or she
				has a legal client meeting the disclosure criteria without providing further
				information about the client. The filer in such circumstances may write "Legal
				Client" in the disclosure fields without providing any further
				information.
Rulemaking Authority Art. II, Section 8, Fla. Const.,
					 112.3144,
					 112.3147,
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla.
					 Const.
New 4-7-77, Formerly 34-8.05, Amended 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 34-8.006 - Income Valuation

Current through Reg. 50, No. 138; July 16, 2024
The method of determining one's income for purposes of
				  disclosure under this chapter shall be in accordance with this rule. Each
				  person who is required to file a full and public disclosure of financial
				  interests must file a sworn statement disclosing all sources and amounts of
				  income in excess of $1, 000.00 and shall follow federal income tax principles
				  pursuant to the Internal Revenue Code of 1954, Title 26, United States Code, as
				  amended.
Rulemaking Authority Art. II, Section 8, Fla. Const.,
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla.
					 Const.
New 5-17-77, Formerly 34-8.06, Amended
					 1-1-22.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-8 - DISCLOSURE OF FINANCIAL INTERESTS › Section 34-8.007 - Choosing to File Copy of Income Tax Return (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. II, Section 8, Fla. Const.,
					 112.3144,
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla.
					 Const.
New 5-17-77, Formerly 34-8.07, Amended 8-7-94, 7-2-00,
					 11-7-01, 1-1-12, 10-12-15, Repealed
					 1-1-22.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-8 - DISCLOSURE OF FINANCIAL INTERESTS › Section 34-8.008 - Final Filing Using the CE Form 6F

Current through Reg. 50, No. 138; July 16, 2024
(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, complete and file
				through the electronic filing system created and maintained by the Commission
				as provided in Section
				 112.31446, F.S., 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 identified in the system as the CE Form
				6F - Final Full and Public Disclosure of Financial Interests. The instructions
				for completing the Final Full and Public Disclosure of Financial Interests
				(4/2024),
http://www.flrules.org/Gateway/reference.asp?No=Ref-16534
,
				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.
(2) If the due date
				prescribed 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.
(3) Pursuant to Section
				 112.3144(2),
				F.S., public officers and employees required to file the CE Form 6F - Final
				Full and Public Disclosure of Financial Interests with the Commission on Ethics
				must file electronically through the electronic filing
				system.
Rulemaking Authority Art. II, Section 8, Fla. Const.,
					 112.3144,
					 112.31446,
					 112.3147,
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					  112.3144(5) 
					 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,
					 4-11-24.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-8 - DISCLOSURE OF FINANCIAL INTERESTS › Section 34-8.009 - Amended Filing Using the CE Form 6X

Current through Reg. 50, No. 138; July 16, 2024
(1) At any time
				after submitting the CE Form 6 - Full and Public Disclosure 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 Section
				 112.31446, F.S., which will
				allow them to access and complete the disclosure filing identified in the
				system as the CE Form 6X - Amendment to the Full and Public Disclosure of
				Financial Interests. The instructions for completing the Amendment to the Full
				and Public Disclosure of Financial Interests (4/2024),
http://www.flrules.org/Gateway/reference.asp?No=Ref-16536
,
				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.
(2) If the amendment is
				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  112.3144, F.S.
(3) For the purpose of reporting income on a
				CE Form 6X - Amendment to Full and Public Disclosure of Financial Interests,
				the filer may submit a federal income tax return, provided he or she includes
				all attachments and schedules associated with the federal income tax
				return.
Rulemaking Authority Art. II,, Section 8, Fla. Const.,
					 112.3144,
					 112.31446,
					 112.3147,
					 112.322(9) FS.
					 Law Implemented Art. II,, Section 8, Fla. Const.,
					  112.3144(7) 
					 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 34-8.010 - A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1)(b)
					 FS. Law Implemented 120.53(1)(b),
					 112.3143,
					 112.3145,
					 112.3147,
					 112.230,
					 112.322(2)(a),
					 112.324
					 FS.
New 4-11-76, Amended 2-23-77, Formerly 34-8.10, Repealed
					 9-21-77.