11665625, 34-5.006 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11665625

Notice of Proposed Rule

Department:

COMMISSION ON ETHICS

Chapter:

REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS

Overview

RULE:

34-5.006	Probable Cause Determination
34-5.0291	Award of Attorney's Fees

PURPOSE:

The Commission is amending Rule 34-5.006, which contains the procedures for probable cause determinations, at the recommendation of JAPC to make it clearer and consistent with Section 112.324, F.S. Rule 34-5.0291, F.A.C., is being amended to provide respondents and complainants with additional guidance on the process to obtain an award of attorney’s fees and costs pursuant to Section 112.317(7), F.S.

SUMMARY:

The proposed changes to Rule 34-5.006, F.A.C., clarify the probable cause determination procedures, and the proposed changes to Rule 34-5.0291, F.A.C., require petitioners to state the amount of attorney’s fees and costs expended or incurred on their behalf through the date of filing their petition. Other minor changes are made to both rules for clarity.

RULEMAKING AUTHORITY:

112.322(9) FS.

LAW:

Art. II, Section 8(f), (h), Fla. Const., 112.317(7), 112.322, 112.324 FS.

PRINT PUBLISH DATE:

6/29/2012 Vol. 38/26

COMMENTS:

From 6/29/2012 To 7/20/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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