13355753, 34-5.0001 - Florida Administrative Rules, Law, Code, Register

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Notice: 13355753

Notice of Development of Rulemaking

Department:

COMMISSION ON ETHICS

Chapter:

REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS

Overview

RULE:

34-5.0001	Scope and Applicability of Chapter
34-5.001	Staff Procedures Upon Receipt of a Complaint of Breach of Public Trust
34-5.0015	Jurisdiction of the Commission
34-5.002	Review for Sufficiency of Allegations of Breach of Public Trust and Order of Preliminary Investigation; Review of Allegations of Failure to Properly Complete Financial Disclosure Forms
34-5.0025	Withdrawal of Complaints
34-5.003	Subpoenas During Preliminary Investigation
34-5.004	Investigations
34-5.0043	Investigation of Facts and Parties Materially Related to Complaint
34-5.0045	Counsel
34-5.005	Motions to Dismiss for Lack of Jurisdiction
34-5.006	Probable Cause Determination
34-5.007	Notification of Manner of Disposition
34-5.008	Confidentiality
34-5.0171	Ex Parte Communications
34-5.020	Stipulations, Settlements, and Consent Orders
34-5.024	Action on Recommended Public Report or Recommended Order by the Full Commission
34-5.025	Transmittal of Public Report
34-5.0291	Award of Attorney's Fees

PURPOSE:

The purpose of these amendments to the rules in Chapter 34-5, FAC, is to incorporate the statutory changes made pursuant to the enactment of Chapter 2013-36, LOF.  Primarily, the changes in the law now allow referrals from the Governor, the Department of Law Enforcement, a state attorney, or a United States Attorney.  The law also increased the "black-out" period for complaints filed five (5) days prior to an election.  As a result, complaints or referrals filed within thirty (30) days of an election will now be returned, unless based upon personal information or information other than hearsay.

SUBJECT:

These rules involve the Commission's procedures for the filing, handling, and disposition of complaints and referrals alleging a breach of public trust filed with the Commission.

RULEMAKING AUTHORITY:

112.322(9), F.S.

LAW:

Art. II, Sec. 8(f), (h), Fla. Const., Chapter 2013-36, LOF, 112.322, 112.324 FS.

PRINT PUBLISH DATE:

8/9/2013 Vol. 39/155

RELATED STATUTES
AND LAWS:

112.322(9), F.S., Art. II, Sec. 8(f), (h), Fla. Const., Chapter 2013-36, LOF, 112.322, 112.324 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=34-5.0001&PDate=8/9/2013&Section=1

REFERENCE MATERIALS:

No reference(s).

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