25056184, 34-8.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 25056184

Notice of Proposed Rule

Department:

COMMISSION ON ETHICS

Chapter:

DISCLOSURE OF FINANCIAL INTERESTS

Overview

RULE:

34-8.001	General
34-8.002	General Rules for Filing the CE Form 6 - Full and Public Disclosure of Financial Interests
34-8.004	Disclosure of Net Worth, Assets and Liabilities
34-8.005	Disclosure of Sources and Amounts of Income
34-8.006	Income Valuation
34-8.007	Choosing to File Copy of Income Tax Return (Repealed)
34-8.008	Final Filing Using the CE Form 6F
34-8.009	Amended Filing Using the CE Form 6X
34-8.011	Penalties for Late Filing

PURPOSE:

The purpose of this rulemaking is to update these rules to reflect that --on January 1, 2022--the Commission on Ethics will accept certain disclosure filings only through the electronic filing system that will be created and maintained by the Commission as provided in Section 112.31446, Florida Statutes.  In particular, this will affect the filing of the CE Form 6 - Full and Public Disclosure of Financial Interests, the CE Form 6F - Final  Full and Public Disclosure of Financial Interests, and the CE Form 6X - Amendment to Full and Public Disclosure of Financial Interests.  The amendments to these rules will also update, clarify, and re-adopt the instructions incorporated by reference within them to similarly reflect that the forms must be filed electronically beginning January 1, 2022.  Finally, additional changes are being made to the all of the referenced instructions to update and clarify their language, as explained in the "summary" portion of this notice.

SUMMARY:

The referenced rules are each being amended to reflect the changes to the financial disclosure process, described in Section 112.3144, Florida Statutes, which will go into effect on January 1, 2022, when the electronic filing of the enumerated forms becomes active.  The amendments delete references to paper filings and related statements regarding filing by paper because, in accordance with Section 112.3144(2), any enumerated disclosure filed after January 1, 2022, must be through the electronic filing system.  In addition, rulemaking will repeal Rule 34-8.007, F.A.C., which allowed filers of the enumerated forms to file a copy of their most recent income tax return with their disclosure filing, as Section 112.3144(6)(c) states that, starting January 1, 2022, the Commission may no longer accept federal income tax returns for the purpose of reporting income.  Further, the material incorporated by reference in Rules 34-8.002, 34-8.008, and 34-8.009 are being amended to eliminate paper forms, although such material will continue to include the instructions needed to complete disclosure filings.  And, finally, all of the referenced instructions are being updated to reflect: (1) an active or former officer or employee listed in Section 119.071, F.S., submitting a written request to maintain the confidentiality of his or her home address must ensure that the request is notarized; (2) bank accounts, debit, charge, and credit card numbers are not required to be disclosed; and (3) only that alimony considered gross income under federal law is subject to disclose as a primary source of income.  Rule 34-8.002 is being amended to have the instructions for the Form 6 reference the 2021 calendar year, while Rule 34-8.008 is being amended to have the instructions for the Form 6F reference the 2022 calendar year.

RULEMAKING AUTHORITY:

Art. II, Section 8, Fla. Const., 112.3144, 112.31455, 112.31446, 112.3145, 112.3147, 112.322(9), F.S.

LAW:

Art. II, Section 8, Fla. Const., 112.3144, 112.31455, 112.312, F.S.

PRINT PUBLISH DATE:

9/23/2021 Vol. 47/185

COMMENTS:

From 9/23/2021 To 10/14/2021 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.