Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 34-5.001 - Staff Procedures Upon Receipt of a Complaint of Breach of Public Trust

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon receipt of a complaint, staff shall
				stamp on the face thereof the date on which the complaint was received in the
				Commission office.
(2) Technical
				and Clerical Review. Upon receipt of a complaint, the staff of the Commission
				shall review the complaint to insure that the proper complaint form has been
				used, that all the information required has been provided, that only one
				respondent has been named in each complaint form submitted, and that the
				complaint has been properly signed by the complainant under oath. One or more
				persons may sign a complaint under oath; however, when the complaint is to be
				filed under oath in a representative capacity in behalf of an incorporated
				association or group, the complaint shall include sufficient information to
				indicate the authority of the person signing the complaint to file such a
				complaint in behalf of the association or group. If the complaint lacks any of
				the foregoing, is otherwise incomplete, or alleges a matter or names a person
				not within the jurisdiction of the Commission on Ethics, the complaint shall be
				returned to the complainant identifying the defect. The staff shall provide
				assistance or information to persons seeking to file a complaint, but shall not
				encourage, solicit or discourage the filing of a complaint. If the complaint is
				filed in behalf of an unincorporated group or association, the person(s)
				signing the complaint will be considered to be the complainant(s) rather than
				the group or association.
(3) Each
				complaint which is not returned to the complainant shall be assigned a control
				number which shall be entered on the complaint itself and on a colored folder
				in which the complaint shall be filed so long as it remains confidential. Any
				document related to the complaint shall be entered into the complaint
				file.
(4) Transmittal of Complaint
				to Respondent. A copy of the original sworn complaint shall be transmitted to
				the respondent by certified mail, return receipt requested, by the Commission
				staff within five days of its receipt. Subsequent sworn amendments to the
				complaint also shall be transmitted to the respondent within five days of their
				receipt. If the certified mailing is returned undelivered, personal service of
				the copy of the complaint may be used in the manner provided by law for service
				of subpoenas, while maintaining the confidentiality of the complaint to the
				extent possible under the circumstances.
(5) Unless the complaint is based upon
				personal information or information other than hearsay, a complaint against a
				candidate in a general, special, or primary election that is received within
				the thirty (30) calendar days immediately preceding the date of that election,
				including Saturdays, Sundays, and holidays, will be returned by the Executive
				Director to the person filing the complaint, with an explanation of why the
				complaint is being returned.
Rulemaking Authority
					  112.322 (9) FS.
					 Law Implemented Art. II, Sec. 8(f), (h), Fla. Const., Chapter 2013-36, Section
					 17, LOF, 112.322,
					  112.324 FS.
New 4-7-77, Amended 9-21-77, 11-9-77, 7-13-80, 11-26-80,
					 4-29-81, 2-21-83, Formerly 34-5.01, Amended 2-16-95,
					 10-29-13.