28649064, 34-17.004 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 28649064

Notice of Proposed Rule

Department:

COMMISSION ON ETHICS

Chapter:

REVIEW, INVESTIGATION AND HEARING OF REFERRALS

Overview

RULE:

34-17.004	Staff Procedures upon Receipt of a Referral
34-17.005	Review for Sufficiency of Allegations of Breach of Public Trust and Ordering Preliminary Investigation

PURPOSE:

This rulemaking is intended to update certain rules within Chapter 34-17, F.A.C., to reflect amendments made by Ch. 2024-253, Laws of Florida, to Section 112.324, Florida Statutes.  These statutory changes become effective on October 1, 2024.  The effect of the change, all of which are in accordance with the statutory amendments, will be to set a timeline for the Commission to send a copy of a referral to a respondent, to allow the Commission's Executive Director to order that a referral be investigated, and to clarify the procedure if a referral is not found legally sufficient for investigation.

SUMMARY:

Rule 34-17.004(2) will be amended to reflect that the Commission's staff must send a copy of a referral concerning a violation of a prohibition over which the Commission has jurisdiction to the alleged violator within 5 days of its receipt.  Rule 34-17.005(2) will be amended to remove the requirement that at least six Commissioners must find a referral legally sufficient in order for it to be investigated.  This subsection also will be updated to reflect that a referral can be investigated if the Commission's Executive Director finds it to be legally sufficient.  And Rule 34-17.005(3) will be amended to reflect that if the Executive Director does not find a referral legally sufficient for investigation, the Commission must approve that finding during executive session.

RULEMAKING AUTHORITY:

112.322(9), FS.

LAW:

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

PRINT PUBLISH DATE:

8/15/2024 Vol. 50/160

COMMENTS:

From 8/15/2024 To 9/5/2024 (21 Days)

REFERENCE MATERIALS:

No reference(s).

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