28644408, 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: 28644408

Notice of Development of Rulemaking

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 Order of Preliminary Investigation

PURPOSE:

This rulemaking is intended to update the rules to reflect recent statutory changes made to Section 112.324, Florida Statutes.  The changes were made in Ch. 2024-253, Laws of Florida, and will become effective on October 1, 2024.  In particular, the rules will be updated to reflect that a copy of a referral received by the Commission on Ethics will be transmitted to the respondent within 5 days of its receipt.  Also, the rules will be updated to remove the requirement that six members of the Commission must find a referral to be legally sufficient before an investigation can be conducted, and will reflect that a referral can be investigated if the Commission's Executive Director finds its allegations legally sufficient.

SUBJECT:

Review and Investigation of Referrals

RULEMAKING AUTHORITY:

112.322(9), FS.

LAW:

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., 112.324, 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=34-17.004&PDate=8/14/2024&Section=1

REFERENCE MATERIALS:

No reference(s).

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