21866630, 34-18.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 21866630

Notice of Proposed Rule

Department:

COMMISSION ON ETHICS

Chapter:

ABUSE OF POSITION TO OBTAIN DISPROPORTIONATE BENEFIT

Overview

RULE:

34-18.001

Scope and Applicability of Chapter

PURPOSE:

The purpose of Rule 34-18.001 is to address the recent amendment found in Article II, Section 8(h)(2) of the Florida Constitution.  The amendment in Article II, Section 8(h)(2) of the Constitution requires the Florida Commission on Ethics, through the statutory procedures governing rule-making, to define the term "disproportionate benefit," as it is used in that particular subsection, and to prescribe the requisite intent for finding a violation of the prohibition contained in that particular subsection.

SUMMARY:

Rule 34-18.001 defines the term "disproportionate benefit" to mean a benefit, privilege, exemption, or result not available to similarly situated persons.  It then lists factors that the Commission should consider in determining whether a particular benefit, privilege, exemption, or result constitutes a "disproportionate benefit."  Finally, it states the requisite intent for finding a violation of the prohibition found in Article II, Section 8(h)(2) of the Florida Constitution is whether a public officer or public employee acted, or refrained from acting, with knowledge that his or her action or failure to act would result in a disproportionate benefit.

RULEMAKING AUTHORITY:

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

LAW:

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

PRINT PUBLISH DATE:

5/16/2019 Vol. 45/96

COMMENTS:

From 5/16/2019 To 6/6/2019 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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