28647997, 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: 28647997

Notice of Proposed Rule

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 certain rules within Chapter 34-5, F.A.C., to reflect recent changes that Ch. 2024-253, Laws of Florida, made to Sections 112.317 and 112.324, Florida Statutes.  The effect of the changes will be to limit the Commission's investigation of alleged violations to only those which are based upon personal knowledge or information other than hearsay, in accordance with the statutory amendment.  The rules will also clarify in what circumstances an allegation will be considered to be based on information other than hearsay.  In addition, the rules will indicate that candidates for public office who are the subject of an ethics complaint may petition for an award of costs and reasonable attorney fees, in accordance with the statutory amendment.

SUMMARY:

Rule 34-5.002(1) will be updated to reflect that, when evaluating whether an allegation in a complaint is legally sufficient, the Executive Director of the Commission must consider whether it is based on the complainant's personal knowledge or information other than hearsay.  Rule 34-5.002(2) will be amended to indicate that for an allegation to be legally sufficient, each element of the statute to be investigated must be supported in the complaint by personal information or information other than hearsay.  Rule 34-5.002(2) will also indicate the circumstances in which an allegation will be considered to be based on information other than hearsay.  In particular, the rule will indicate that, in accordance with the Fourth District Court of Appeal's ruling in "Florida Elections Commission v. Valliere," 45 So. 3d 506 (2010), which interpreted the meaning of this same phrase when used in the Florida Elections Code, the evidence supporting the allegation can be based on hearsay that is or likely will be admissible under a statutory hearsay exception.  Exact language from the court's ruling will be used in the rule.  Rule 34-5.002(2) will go on to  clarify how complaints will be assessed when filed in a representative capacity on behalf of an incorporated association or group, as well as how an allegation may be found legally sufficient even if other allegations in the complaint are not.  Finally, provisions in Rule 34-5.0291 will be updated to indicate that candidates for public office may petition for costs and reasonable attorney's fees, and will be considered parties if a fees hearing is held at the Division of Administrative Hearings.

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:

8/15/2024 Vol. 50/160

COMMENTS:

From 8/15/2024 To 9/5/2024 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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