28643729, 34-5.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 28643729

Notice of Development of Rulemaking

Department:

COMMISSION ON ETHICS

Chapter:

REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS

Overview

RULE:

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
34-5.0291	Award of Attorney's Fees

PURPOSE:

This rulemaking is intended to update the rules to reflect recent statutory changes made to Sections 112.317 and 112.324, Florida Statutes.  The changes were made in Ch. 2024-253, Laws of Florida, and became effective on June 21, 2024.  In particular, the rules will be updated to reflect that an allegation in a complaint will be considered legally sufficient for investigation by the Commission on Ethics only if it is based upon personal knowledge or information other than hearsay.  Also, the rules will be updated to reflect that candidates for public office who are the subject of an ethics complaint may petition for an award of attorney's fees.

SUBJECT:

Review and Investigation of Ethics Complaints; Award of Attorney's Fees

RULEMAKING AUTHORITY:

112.322(9), FS.

LAW:

112.317 and 112.324, FS. (as amended by Ch. 2024-253, Laws of Fla.)

PRINT PUBLISH DATE:

8/14/2024 Vol. 50/159

RELATED STATUTES
AND LAWS:

112.322(9), FS., 112.317 and 112.324, FS. (as amended by Ch. 2024-253, Laws of Fla.)

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=34-5.002&PDate=8/14/2024&Section=1

REFERENCE MATERIALS:

No reference(s).

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