31295709, 34-5.0015 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 31295709

Notice of Rule Development

Department:

COMMISSION ON ETHICS

Chapter:

REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS

Overview

RULE:

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
34-5.004	Investigations
34-5.0043	Investigation of Facts and Parties Materially Related to Complaint
34-5.006	Probable Cause Determination
34-5.011	Parties to Public Hearings
34-5.017	Disqualification of Commission Members
34-5.0171	Ex Parte Communications
34-5.020	Stipulations, Settlements, and Consent Orders

PURPOSE:

To make substantive changes pursuant to the factors listed in Section 120.5435(4), Florida Statutes.

SUBJECT:

Regarding Rule 34-5.0015, adding language indicating the constitutional and statutory provisions over which the Commission has jurisdiction. Regarding Rule 34-5.002, removing language in the rule duplicative of statutory language. Regarding Rule 34-5.004, removing language regarding wrongful acts for which there is no specific statutory support. Regarding 34-5.0043, removing reference to a rule that has been repealed. Regarding Rule 34-5.006, removing duplicative language from within the Rule as well as updating language to reflect statutory requirements regarding the issuance of public reports. Regarding Rule 34-5.011, modifying language to reflect that confidential complaints against different respondents should not be consolidated. Regarding Rule 34-5.017 and Rule 34-5.0171, adding language ensuring consistency with other rules that indicate a respondent is the only party in an ethics matter. Regarding Rule 34-5.020, removing language indicating the ethics complaint process is informal.

RULEMAKING AUTHORITY:

112.322(9), FS

LAW:

Art II, Section 8(g), (j)(3), Fla Const.; 112.322, 112.324, FS

PRINT PUBLISH DATE:

8/26/2026 Vol. 52/166

RELATED STATUTES
AND LAWS:

112.322(9), FS, Art II, Section 8(g), (j)(3), Fla Const.; 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=34-5.0015&PDate=8/26/2026&Section=1

REFERENCE MATERIALS:

No reference(s).

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