reglab/statecodes huggingface dataset:
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.002 - Staff Procedures Upon Receipt of a Complaint

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				receipt of a complaint pursuant to Section
				 11.062(2),
				F.S., of a possible violation of that law, staff shall assign a control number.
				The Executive Director shall review the complaint to determine whether the
				matters alleged indicate a violation; if not, the Executive Director may
				request additional information from the complainant.
(2) The person or agency that is the subject
				of the complaint shall be designated as the respondent(s).
(3) A copy of the complaint shall be
				forwarded to the respondent within five working days following receipt by the
				Commission.
(4) When the Executive
				Director determines that a violation is indicated by the complaint, the
				Executive Director shall order an investigation of the matter in accordance
				with the rules of this chapter. If the Executive Director determines that the
				complaint is not sufficient to indicate a possible violation, the Executive
				Director shall recommend that the Commission dismiss the complaint. The
				Commission may find the complaint to be sufficient and order an investigation;
				may find the complaint to be insufficient, dismiss it, and notify the
				complainant that no investigation will be made; or may take such other action
				as may be appropriate.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2)
					 FS.
New 2-16-95.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.0035 - Delegation of Authority

Current through Reg. 50, No. 138; July 16, 2024
The Commission hereby delegates to its investigators the
				  authority to administer oaths and affirmations, delegates the authority to
				  issue subpoenas to its chair and, in the absence or unavailability of the
				  chair, to its vice chair, and authorizes its employees to serve any subpoena
				  issued under the Commission's authority.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2)
					 FS.
New 2-16-95, Amended
					 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.004 - Subpoenas During Preliminary Investigation

Current through Reg. 50, No. 138; July 16, 2024
When an investigation is ordered or at any time thereafter,
				  upon recommendation of the Executive Director or upon motion of the Commission,
				  the Commission Chair or other member authorized by the Commission may authorize
				  the issuance of subpoenas or subpoenas duces tecum. Each subpoena shall be
				  signed by the Chair or other member authorized by the Commission and shall
				  state the person, documents or other things to be subpoenaed. Each subpoena
				  further shall name the person before whom the witness is to give testimony, and
				  shall state in general terms the subject matter of the testimony to be
				  elicited. If documents or other things are to be produced, the subpoena shall
				  describe the same with as much specificity as reasonably practicable. The
				  subpoena shall state clearly on its face that it is issued by the Commission on
				  Ethics in accordance with its authority to investigate violations of Section
				   11.062(2), F.S.
				  Such subpoenas shall be issued for investigative purposes only, and neither the
				  respondent nor the respondent's counsel shall be entitled to attend the
				  investigative proceeding at which the witness is to give a sworn statement
				  unless the respondent is the person subpoenaed.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2)
					 FS.
New 2-16-95, Amended
					 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.005 - Investigations

Current through Reg. 50, No. 138; July 16, 2024
(1) Commencement of Investigations.
				Investigations shall be initiated as provided above in Rule
				 34-15.002, F.A.C., provided that
				information from public records may be obtained by staff prior to the ordering
				of an investigation.
(2)
				Investigators. Investigation shall be conducted by Commission staff, by
				personnel of the Department of Legal Affairs, or by any other person or agency
				so designated by the Commission.
(3) Scope of Investigation. Investigations
				shall be limited to the allegations of the complaint.
(4) Evidence of Wrongful Acts Unrelated to
				the Complaint. If during the course of an investigation evidence of a wrongful
				act unrelated to the complaint is discovered by the investigator, such evidence
				shall be reported to the Commission in a separate investigator's report. The
				wrongful act shall not be further investigated by the investigator in the
				absence of a complaint with respect thereto. Upon receipt of a separate
				investigator's report containing evidence of a wrongful act unrelated to the
				matter at issue, the Commission shall:
(a) as
				soon as practicable forward evidence of the commission of a crime to the
				appropriate law enforcement official; and
(b) forward evidence of the commission of any
				other wrongful act to the appropriate disciplinary or law enforcement official
				as soon as practicable following the completion of the preliminary
				investigation. If upon independent investigation the appropriate disciplinary
				official wishes to file a complaint with the Commission he may do so and said
				complaint shall be received and considered by the Commission in the same manner
				as any other complaint.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.006 - Counsel

Current through Reg. 50, No. 138; July 16, 2024
(1) Respondent. Respondent may be represented
				by a lawyer or other qualified representative. All notices and communications
				to a respondent represented by a lawyer or qualified representative shall be
				made through respondent's lawyer or qualified representative.
(2) Advocate. The Advocate presenting the
				matter before the Commission shall be an Assistant Attorney General or another
				attorney designated by the Commission as Advocate. The Advocate represents the
				Commission in its prosecutorial function.
(3) Appearances. Appearances by counsel or
				other qualified representatives shall be governed by Rules
				 28-106.105 and
				 28-106.106, F.A.C. The
				qualifications of a representative shall be determined in accordance with Rule
				 28-106.106, F.A.C. Qualified
				representatives shall observe the standards of conduct specified in Rule
				 28-106.107,
				F.A.C.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2),
					 120.62(2)
					 FS.
New 2-16-95, Amended
					 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.008 - Notification of Manner of Disposition

Current through Reg. 50, No. 138; July 16, 2024
Upon the Commission's ordering a final, public hearing the
				  Executive Director shall, within five days, so notify the respondent in
				  writing. If the Commission enters any other order regarding the proceeding, the
				  Executive Director shall send a copy of the order to the
				  respondent.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2)
					 FS.
New 2-16-95.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.010 - Procedures for Public Hearings, Generally

Current through Reg. 50, No. 138; July 16, 2024
Public hearings may be conducted by the full Commission, by a
				  single Commission member, or by the Division of Administrative Hearings, as
				  directed by the Chair of the Commission after considering the Commission's
				  workload. The Commission may refer the matter by letter to the Division of
				  Administrative Hearings for the appointment of an administrative law judge.
				  Public hearings held before the Commission or its members shall be governed by
				  the Uniform Rules of the Administration Commission, Chapter 28-106, F.A.C.
				  Proceedings before the Commission after the public hearing shall be governed by
				  the Uniform Rules of the Administration Commission, Chapter 28-106, F.A.C., if
				  one of the rules of that chapter is applicable, or by the remaining rules of
				  this chapter.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2)
					 FS.
New 2-16-95, Amended
					 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.013 - Notice of Public Hearing

Current through Reg. 50, No. 138; July 16, 2024
The Executive Director shall notify respondent of the date,
				  time and place of the public hearing by mailing to the respondent by certified
				  mail, return receipt requested, a written notice at least 30 days prior to the
				  hearing. The notice shall describe the specific violations charged. Upon
				  written consent of respondent, the 30-day notice may be waived and the hearing
				  held sooner. In addition, the hearing may be held sooner than 30 days when the
				  passage of time may be reasonably expected to render moot the ultimate
				  disposition of the matter by the Commission, so long as reasonable notice under
				  the circumstances is given.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2)
					 FS.
New 2-16-95.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.017 - Disqualification of Commission Members

Current through Reg. 50, No. 138; July 16, 2024
(1) Commission
				members shall be disqualified from sitting as a member of the Commission at
				either the probable cause hearing or the final public hearing for bias,
				prejudice, or interest. Disqualification may be raised by a respondent, by the
				Advocate, or by any member, but not by the complainant.
(2) Unless good cause is shown, all motions
				for disqualification shall be filed with the Commission at least 5 days prior
				to the hearing at which the member is expected to participate. The motion shall
				be accompanied by an affidavit stating the particular grounds.
(3) Unless denied as untimely, the motion
				shall be ruled on by the Commission member whose disqualification is sought;
				the ruling shall be based on the legal sufficiency of the motion and affidavit.
				If the motion and affidavit are found legally sufficient, the member shall
				disqualify himself or herself.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2)
					 FS.
New 2-16-95.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.0171 - Ex Parte Communications

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				Commission member shall not initiate nor consider any ex parte communication
				relative to the merits of a pending proceeding by:
(a) A public employee or official engaged in
				prosecution or advocacy in connection with the matter;
(b) A party to the proceeding or any person
				who, directly or indirectly, would have a substantial interest in the proposed
				action of the Commission, or his or her authorized representative or counsel;
				or
(c) A complainant or any other
				individual who has personal knowledge of the facts underlying the proceeding,
				or his or her authorized representative or counsel.
Nothing in this subsection shall apply to advisory staff
				  members who do not testify on behalf of the Commission in the proceeding or
				  shall prohibit Commission members who are contacted by any of the above persons
				  from referring them to Commission staff or the Commission
				  Advocate.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.0181 - Subpoenas for Discovery; Discovery

Current through Reg. 50, No. 138; July 16, 2024
At any time after the Commission orders a public hearing of
				  the matter, the Commission may issue subpoenas to effect discovery upon the
				  written request of respondent or Advocate. The requesting person shall give the
				  name and address of each witness he wishes to have deposed and shall describe
				  with particularity those documents or other items that the person wishes to
				  have the witness to produce, bring or deliver pursuant to a subpoena duces
				  tecum. Subpoenas shall be issued by the Chairman or other authorized member of
				  the Commission and shall be promptly served. The respondent is responsible for
				  service of subpoenas requested by him. Parties may also obtain discovery
				  through the means and in the manner provided in the Florida Rules of Civil
				  Procedure. The presiding officer may issue appropriate orders to effectuate the
				  purposes of discovery and to prevent delay.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2)
					 FS.
New 2-16-95, Amended
					 11-24-15.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.020 - Stipulations, Settlements, and Consent Orders

Current through Reg. 50, No. 138; July 16, 2024
Informal disposition of the proceeding shall be made by
				  stipulation, agreed settlement, or consent order between the Advocate and the
				  Respondent, upon approval of the Commission in a public meeting.
(1) The Advocate is not required to present
				or propose to the Commission a stipulation, settlement, or consent order offer
				from the Respondent unless the Advocate agrees to the terms of the
				offer.
(2) Commission staff shall
				send to the complainant a copy of the proposed stipulation, settlement, or
				consent order, notify the complainant of the meeting at which the Commission
				will consider the proposed stipulation or order, and advise the complainant
				that any written response to the proposed stipulation or order submitted by the
				complainant will be provided to the Commission for its
				consideration.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2)
					 FS.
New 2-16-95, Amended
					 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.024 - Action on Recommended Final Order by the Full Commission

Current through Reg. 50, No. 138; July 16, 2024
(1) Where the hearing has been conducted by a
				single Commissioner or DOAH administrative law judge, the meeting of the full
				Commission to consider the recommended final order shall not be an evidentiary
				"hearing." No new evidence shall be taken.
(2) As the complainant is not a party, the
				complainant is not entitled to address the Commission either orally or in
				writing in response to the recommended order.
(3) In order to assist the Commission in
				evaluating any exceptions that may have been filed, Commission staff may
				provide a draft final order analyzing the exceptions. If one is drafted, copies
				shall be provided to the respondent and the Advocate prior to the final
				hearing.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2)
					 FS.
New 2-16-95, Amended 7-28-98,
					 11-24-15.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-15 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS ALLEGING VIOLATION OF S. 11.062(2), F.S › Section 34-15.025 - Transmittal of Final Order

Current through Reg. 50, No. 138; July 16, 2024
The final order shall be signed by the Chair, shall be
				  transmitted by mail to the respondent and complainant, and shall be made
				  available to the public.
Rulemaking Authority
					 11.062(2) FS.
					 Law Implemented 11.062(2)
					 FS.
New 2-16-95, Amended
					 7-28-98.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-16 - COMMISSION MEETINGS - PUBLIC COMMENT › Section 34-16.001 - Scope and Applicability of Chapter

Current through Reg. 50, No. 138; July 16, 2024
The Rules in this Chapter 34-16, F.A.C., shall govern the
				  procedures for reasonable opportunities for members of the public to be heard
				  during public meetings of the Florida Commission on Ethics under Section
				   286.0114(4),
				  F.S. On the effective date of this chapter, the rules of procedure of this
				  chapter shall govern public opportunity to be heard at public meetings of the
				  Commission. These rules do not apply to quasi-judicial actions of the
				  Commission, including adoption of advisory opinions and action on complaints.
				  These rules do not apply to Commission rulemaking proceedings pursuant to
				  Chapter 120, F.S., which contain separate procedures for public comment. All
				  individuals who request an opportunity to speak at a public Commission meeting
				  will be allowed to speak within the guidelines provided in this rule
				  chapter.
Rulemaking Authority
					 112.322(9),
					 286.0114 FS. Law Implemented
					 Art. II, Section 8, Fla. Const.,
					  286.0114 FS.
New 10-29-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-16 - COMMISSION MEETINGS - PUBLIC COMMENT › Section 34-16.002 - Amount of Time for Individual Members of the Public to Address the Commission

Current through Reg. 50, No. 138; July 16, 2024
During a public meeting of the Commission, each speaker will
				  be allowed to speak for up to three minutes. The Chair may impose a cumulative
				  time limit for all public comment on any specific agenda item. A Commission
				  staff member will keep time for each speaker and inform the Chair when the
				  speaker's time has expired. The Commission may use such timing devices as may
				  be practicable to ensure that time limits are observed.
Rulemaking Authority
					 112.322(9),
					 286.0114 FS. Law Implemented
					 Art. II, Section 8, Fla. Const.,
					  286.0114 FS.
New 10-29-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-16 - COMMISSION MEETINGS - PUBLIC COMMENT › Section 34-16.003 - Procedure for Group Representative to Address the Commission

Current through Reg. 50, No. 138; July 16, 2024
The Chair will, where appropriate, encourage members of an
				  organization to defer their time to a representative of their organization to
				  speak on their behalf. At any Commission meeting during which a large number of
				  individuals wish to speak, the Chair may require any group, faction, or
				  organization to select a representative to speak on behalf of that group,
				  faction, or organization. The Chair will ask speakers to refrain from repeating
				  comments made by individual members of the public who have previously
				  spoken.
Rulemaking Authority
					 112.322(9),
					 286.0114 FS. Law Implemented
					 Art. II, Section 8, Fla. Const.,
					  286.0114 FS.
New 10-29-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-16 - COMMISSION MEETINGS - PUBLIC COMMENT › Section 34-16.004 - Procedure for Informing Commission of Individual's Desire to be Heard or to Indicate Designation of a Representative Speaker

Current through Reg. 50, No. 138; July 16, 2024
A member of the Commission staff will manage a list of
				  individuals who wish to speak during a Commission meeting. The list will
				  indicate the speaker's name and address; the name of the speaker's
				  organization, if any; whether the speaker wishes to be heard through a
				  representative; the item about which the speaker wishes to comment; and whether
				  the speaker supports, opposes, or remains neutral as to a
				  proposition.
Rulemaking Authority
					 112.322(9),
					 286.0114 FS. Law Implemented
					 Art. II, Section 8, Fla. Const.,
					  286.0114 FS.
New 10-29-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-16 - COMMISSION MEETINGS - PUBLIC COMMENT › Section 34-16.005 - Designation of Specified Time Period for Public Comment

Current through Reg. 50, No. 138; July 16, 2024
During a public meeting of the Commission, public comment, if
				  any, will be heard immediately after the staff presentation, if any, on the
				  matter.
Rulemaking Authority
					 112.322(9),
					 286.0114 FS. Law Implemented
					 Art. II, Section 8, Fla. Const.,
					  286.0114 FS.
New 10-29-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.001 - Scope and Applicability of Chapter

Current through Reg. 50, No. 138; July 16, 2024
Section
				   112.324(1)(b),
				  F.S., authorizes the Commission to accept written referrals of possible
				  violations of Article II, Section 8, Florida Constitution, or Chapter 112, Part
				  III, F.S., from the Governor, the Florida Department of Law Enforcement, a
				  state attorney, or a United States Attorney. The rules in this Chapter 34-17,
				  F.A.C., shall govern the receipt and disposition of all referrals reported to
				  the Commission under this statute.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322,
					 112.324
					 FS.
New 11-24-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.002 - Time Periods

Current through Reg. 50, No. 138; July 16, 2024
In computing any period of time prescribed or allowed by
				  these rules, by order of the Commission, the Chair, or another presiding
				  officer, or by any applicable statute, the time period shall be calculated in
				  accordance with Rule  28-106.103,
				  F.A.C.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322,
					 112.324
					 FS.
New 11-24-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.003 - Filing and Serving Documents; Facsimile Transmissions

Current through Reg. 50, No. 138; July 16, 2024
Pleadings and other documents under the rules of this chapter
				  shall be filed and served in accordance with Rule
				   28-106.104, F.A.C., whether in
				  paper or electronic form, and shall contain the information required by that
				  rule.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322,
					 112.324
					 FS.
New 11-24-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.004 - Staff Procedures upon Receipt of a Referral

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				receipt of a referral pursuant to Section
				 112.324(1)(b),
				F.S., staff shall assign a control number which shall be entered on the
				referral itself and on a colored folder in which the referral shall be filed so
				long as it remains confidential. Any documents related to the referral shall be
				entered in the referral file.
(2)
				Unless the referral is based upon personal information or information other
				than hearsay, any referral 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
				submitting the referral, with an explanation of why the referral is being
				returned.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322,
					 112.324
					 FS.
New 11-24-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.005 - Review for Sufficiency of Allegations of Breach of Public Trust and Ordering Preliminary Investigation

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				referral shall be reviewed by the Executive Director in order to make a
				recommendation of whether or not it is sufficient to allege a breach of public
				trust or a violation of Chapter 112, Part III, F.S. A referral shall not be
				insufficient because it is based upon evidence which would be hearsay evidence
				in a court of law. In order to make this determination, the Executive Director
				may request additional information from the referring agency and may obtain
				information from public records.
(2) If the Executive Director believes that
				the referral is sufficient to invoke the jurisdiction of the Commission, a
				written recommendation will be considered by the Commission in executive
				session. If at least six members of the Commission find that the referral is
				legally sufficient, an order to investigate the referral shall be entered and
				transmitted to the Respondent within five (5) days of the Commission's
				determination.
(3) If the Executive
				Director recommends that the referral is not legally sufficient to invoke the
				jurisdiction of the Commission and that it should not be investigated, the
				recommendation will be considered by the Commission in executive session. If a
				majority of the Commission accepts the Executive Director's recommendation that
				the referral is not legally sufficient, the referral shall be dismissed and the
				referring agency and the respondent will be notified of the dismissal. A
				summary of the reasons for dismissing the referral together with the referral
				itself and all documents related thereto shall become a public record and
				constitute a public report.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322,
					 112.324
					 FS.
New 11-24-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.006 - Delegation of Authority

Current through Reg. 50, No. 138; July 16, 2024
The Commission hereby delegates to its investigators the
				  authority to administer oaths and affirmations, delegates the authority to
				  issue subpoenas to its chair and, in the absence or unavailability of the
				  chair, to its vice chair, and authorizes its employees to serve any subpoena
				  issued under the Commission's authority.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322,
					 112.324
					 FS.
New 11-24-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.007 - Subpoenas During Preliminary Investigation

Current through Reg. 50, No. 138; July 16, 2024
When an investigation of a referral is ordered or at any time
				  thereafter, upon recommendation of the Executive Director or upon motion of the
				  Commission, the Commission Chair or other member authorized by the Commission
				  may authorize the issuance of subpoenas or subpoenas duces tecum. Each subpoena
				  shall be signed by the Chair or other member authorized by the Commission and
				  shall state the person, documents, or other things to be subpoenaed. Each
				  subpoena further shall name the person before whom the witness is to give
				  testimony, and shall state in general terms the subject matter of the testimony
				  to be elicited. If documents or other things are to be produced, the subpoena
				  shall describe the same with as much specificity as reasonably practicable. The
				  subpoena shall state clearly on its face that it is issued by the Commission on
				  Ethics in accordance with its authority to investigate referrals of breaches of
				  public trust. Such subpoenas shall be issued for investigative purposes only,
				  and neither a representative from the referring agency, the respondent, nor
				  their counsel shall be entitled to attend the investigative proceeding at which
				  the witness is to give a sworn statement unless a representative from the
				  referring agency or the respondent is the person subpoenaed.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322,
					 112.324
					 FS.
New 11-24-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.009 - Counsel

Current through Reg. 50, No. 138; July 16, 2024
(1) Respondent. Respondent may appear on his
				or her own behalf or may be represented by a lawyer or other qualified
				representative. All notices and communications to a respondent represented by a
				lawyer or other qualified representative shall be made through the respondent's
				lawyer or qualified representative.
(2) Advocate. The Advocate presenting the
				matter before the Commission shall be an Assistant Attorney General or another
				attorney designated by the Commission as Advocate. The Advocate represents the
				Commission in its prosecutorial function.
(3) Referring Agency. To the limited extent
				the referring agency is entitled to participate or observe Commission
				proceedings, the referring agency may be represented by legal counsel or other
				qualified representative. All notices and communications to a referring agency
				represented by a lawyer or qualified representative shall be made through
				referring agency's lawyer or qualified representative.
(4) Appearances. Appearances by counsel or
				other qualified representatives shall be governed by Rules
				 28-106.105 and
				 28-106.106, F.A.C. The
				qualifications of a representative shall be determined in accordance with Rule
				 28-106.106, F.A.C. Qualified
				representatives shall observe the standards of conduct specified in Rule
				 28-106.107,
				F.A.C.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322,
					 112.324
					 FS.
New 11-24-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.011 - Notification of Manner of Disposition

Current through Reg. 50, No. 138; July 16, 2024
Upon the Commission's ordering a public hearing of a referral
				  or a public report, as provided in Rule
				   34-17.010, F.A.C., the Executive
				  Director shall so notify the referring agency and the respondent in writing.
				  The referring agency also shall be provided with a copy of the report of
				  investigation and of the Advocate's written recommendation.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322,
					 112.324
					 FS.
New 11-24-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.012 - Confidentiality

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as otherwise provided in these
				rules, the referral and all staff and Commission activities, proceedings, and
				documents relating to the referral shall be confidential until either:
(a) Confidentiality is waived in writing by
				the respondent; or
(b) The
				Commission orders the referral dismissed, as provided in Rule
				 34-17.005, F.A.C.; or
(c) The Commission orders a public report or
				a public hearing as provided in Rule
				 34-17.010, F.A.C. When
				confidentiality is waived, the Commission orders the referral dismissed, or the
				Commission orders a public report or a public hearing, all materials relating
				to the referral shall become public records available to the public as provided
				in Chapter 119, F.S., except to the extent the materials are otherwise exempted
				from disclosure under the public records law.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.013 - Public Hearings

Current through Reg. 50, No. 138; July 16, 2024
Public hearings may be conducted by the full Commission, by a
				  single Commission member, or by the Division of Administrative Hearings, as
				  directed by the Chair of the Commission after considering the Commission's
				  workload. The Commission may refer the matter by letter to the Division of
				  Administrative Hearings for the appointment of an administrative law judge.
				  Public hearings held before the Commission or its members shall be governed by
				  the Uniform Rules of the Administration Commission, Chapter 28-106, F.A.C.
				  Proceedings before the Commission after the public hearing shall be governed by
				  the Uniform Rules of the Administration Commission, Chapter 28-106, F.A.C., if
				  one of the rules of that chapter is applicable, and, if not, by the rules of
				  this chapter.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322,
					 112.324
					 FS.
New 11-24-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.014 - Parties to Public Hearings

Current through Reg. 50, No. 138; July 16, 2024
The person accused of breach of public trust shall be the
				  respondent. Respondent shall be the only party unless consolidation of
				  referrals is granted. The Advocate shall be a full participant in the
				  proceeding and shall present all the evidence relevant to the cause that was
				  produced by the preliminary investigation and such additional evidence as may
				  be obtained through discovery or further investigation.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322,
					 112.324
					 FS.
New 11-24-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.015 - Disqualification of Commission Members

Current through Reg. 50, No. 138; July 16, 2024
(1) Commission
				members shall be disqualified from sitting as a member of the Commission at
				either the probable cause hearing or the final public hearing for bias,
				prejudice, or interest. Disqualification may be raised by a party, by the
				Advocate, or by any member, but not by the referring agency.
(2) Unless good cause is shown, all motions
				for disqualification shall be filed with the Commission at least 5 days prior
				to the hearing at which the member is expected to participate. The motion shall
				be accompanied by an affidavit stating the particular grounds.
(3) Unless denied as untimely, the motion
				shall be ruled on by the Commission member whose disqualification is sought;
				the ruling shall be based on the legal sufficiency of the motion and affidavit.
				If the motion and affidavit are found legally sufficient, the member shall
				disqualify himself or herself.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322,
					 112.324
					 FS.
New 11-24-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.016 - Ex Parte Communications

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				Commission member shall not initiate nor consider any ex parte communication
				relative to the merits of a pending referral proceeding by:
(a) A public employee or official engaged in
				prosecution or advocacy in connection with the matter;
(b) A party to the proceeding or any person
				who, directly or indirectly, would have a substantial interest in the proposed
				action of the Commission, or his or her authorized representative or counsel;
				or
(c) A referring agency or any
				other individual who has personal knowledge of the facts underlying the
				proceeding, or his or her authorized representative or counsel. Nothing in this
				subsection shall apply to advisory staff members who do not testify on behalf
				of the Commission in the proceeding or shall prohibit Commission members who
				are contacted by any of the above persons from referring them to Commission
				staff or the Commission Advocate.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.017 - Stipulations, Settlements and Consent Orders

Current through Reg. 50, No. 138; July 16, 2024
Informal disposition of the referral may be made of any
				  proceeding by stipulation, agreed settlement, or consent order between the
				  Advocate and the Respondent, upon approval of the Commission in a public
				  meeting, so long as a public report is made.
(1) The Advocate is not required to present
				or propose to the Commission a stipulation, settlement, or consent order offer
				from the Respondent unless the Advocate agrees to the terms of the
				offer.
(2) Commission staff shall
				send to the referring agency a copy of the proposed stipulation, settlement, or
				consent order, notify the referring agency of the meeting at which the
				Commission will consider the proposed stipulation or order, and advise the
				referring agency that any written response to the proposed stipulation or order
				submitted by the referring agency will be provided to the Commission for its
				consideration. If the referring agency files a written response, a copy of it
				will be provided to the Respondent and the Advocate by Commission
				staff.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322,
					 112.324
					 FS.
New 11-24-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.018 - Action on Recommended Public Report or Recommended Order by the Full Commission

Current through Reg. 50, No. 138; July 16, 2024
(1) Where the
				hearing has been conducted by a single Commissioner or DOAH administrative law
				judge, the meeting of the full Commission to consider the recommended public
				report shall not be an evidentiary "hearing." No new evidence shall be
				taken.
(2) As the referring agency
				is not a party, the referring agency or its representative is not entitled to
				address the Commission either orally or in writing in response to the
				recommended order.
(3) In order to
				assist the Commission in evaluating any exceptions that may have been filed,
				Commission staff may provide a draft final order analyzing the exceptions. If
				one is drafted, copies shall be provided to the respondent and the Advocate
				prior to the final hearing.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322,
					 112.324
					 FS.
New 11-24-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-17 - REVIEW, INVESTIGATION AND HEARING OF REFERRALS › Section 34-17.019 - Transmittal of Public Report

Current through Reg. 50, No. 138; July 16, 2024
The public report shall be signed by the Chair, shall be
				  transmitted by mail to the respondent and referring agency, and shall be made
				  available to the public.
Rulemaking Authority
					 112.322(9) FS.
					 Law Implemented Art. II, Section 8, Fla. Const.,
					 112.322,
					 112.324
					 FS.
New 11-24-13.
Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-18 - ABUSE OF POSITION TO OBTAIN DISPROPORTIONATE BENEFIT › Section 34-18.001 - Scope and Applicability of Chapter

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose
				of this chapter is to provide notice and guidance to public officers or public
				employees, as well as to the general public, regarding the definition of the
				term "disproportionate benefit, " as that term is used in Article II, Section
				8(h)(2) of the Florida Constitution, as well as the requisite intent for
				finding a violation of the prohibition contained in Article II, Section 8(h)(2)
				of the Florida Constitution.
(2)
				Definitions
(a) For the purpose of Article II,
				Section 8(h)(2) of the Florida Constitution, "disproportionate benefit" means a
				benefit, privilege, exemption or result arising from an act or omission by a
				public officer or public employee inconsistent with the proper performance of
				his or her public duties.
Florida Administrative Code › 35 - METROPOLITAN PLANNING ORGANIZATIONS › 35 - Departmental › Chapter 35-1 - METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL › Section 35-1.001 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  339.175(10)  FS. Law Implemented
					  120.53(1)(a)  FS.
New 7-6-94, Repealed
					 3-24-15.
Florida Administrative Code › 35 - METROPOLITAN PLANNING ORGANIZATIONS › 35 - Departmental › Chapter 35-1 - METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL › Section 35-1.002 - Agency Functions and Responsibilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.53(1)(a),  339.175(10)  FS. Law
					 Implemented  120.53(1)(a),  339.155(5),  339.175(10) 
					 FS.
New 7-6-94, Repealed
					 3-24-15.
Florida Administrative Code › 35 - METROPOLITAN PLANNING ORGANIZATIONS › 35 - Departmental › Chapter 35-1 - METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL › Section 35-1.003 - Description of the Agency Organization and Operational Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.53(1)(a),  339.175(10)  FS. Law
					 Implemented  119.07,  119.08,  120.53(1)(a),  339.175(10) 
					 FS.
New 7-6-94, Amended 7-2-95, Repealed
					 3-24-15.
Florida Administrative Code › 35 - METROPOLITAN PLANNING ORGANIZATIONS › 35 - Departmental › Chapter 35-1 - METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL › Section 35-1.004 - Organization of the Governing Board (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.53(1)(a),  339.175(10)  FS. Law
					 Implemented  120.53(1)(a),  339.175(10)  FS.
New 7-6-94, Repealed
					 3-24-15.
Florida Administrative Code › 35 - METROPOLITAN PLANNING ORGANIZATIONS › 35 - Departmental › Chapter 35-1 - METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL › Section 35-1.005 - Staff Directors' Advisory Committee and Subcommittees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  339.175(10)  FS. Law Implemented
					  339.175(10)  FS.
New 7-6-94, Amended 7-2-95, Repealed
					 3-24-15.
Florida Administrative Code › 35 - METROPOLITAN PLANNING ORGANIZATIONS › 35 - Departmental › Chapter 35-1 - METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL › Section 35-1.006 - Notice of Meetings and Workshops (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  339.175(10)  FS. Law Implemented
					  120.53(1)(d),  120.54(1)(a),  286.0105,  339.175(10) 
					 FS.
New 7-6-94, Amended 7-2-95, Repealed
					 3-24-15.
Florida Administrative Code › 35 - METROPOLITAN PLANNING ORGANIZATIONS › 35 - Departmental › Chapter 35-1 - METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL › Section 35-1.007 - Agenda (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.53(1)(d),  339.175(10)  FS. Law
					 Implemented  120.53(1)(d),  120.54(1)(a),  339.175(10) 
					 FS.
New 7-6-94, Amended 7-2-95, Repealed
					 3-24-15.
Florida Administrative Code › 35 - METROPOLITAN PLANNING ORGANIZATIONS › 35 - Departmental › Chapter 35-1 - METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL › Section 35-1.008 - Emergency Meetings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.53(1)(d),  339.175(10)  FS. Law
					 Implemented  120.53(1)(d)  FS.
New 7-6-94, Amended 7-2-95, Repealed
					 3-24-15.
Florida Administrative Code › 35 - METROPOLITAN PLANNING ORGANIZATIONS › 35 - Departmental › Chapter 35-2 - AGENCY STRATEGIC PLAN › Section 35-2.001 - Adoption of Agency Strategic Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  339.175(10)  FS. Law Implemented
					  339.175(10)  FS.
New 7-10-96, Amended 1-20-98, Repealed
					 3-24-15.
Florida Administrative Code › 37 - ADVISORY COUNCIL ON INTERGOVERNMENTAL RELATIONS › 37 - Departmental › Chapter 37-1 - ORGANIZATION › Section 37-1.001 - General Authority (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.53(1)(a),  163.706(4)  FS. Law
					 Implemented  120.53(1),  163.703 FS.
New 2-19-78, Formerly 37-1.01, Repealed by Section 12,
					 Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 37 - ADVISORY COUNCIL ON INTERGOVERNMENTAL RELATIONS › 37 - Departmental › Chapter 37-1 - ORGANIZATION › Section 37-1.002 - Composition of the Council (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.53(1),  163.706(4)  FS. Law
					 Implemented  112.061,  120.53(1),  163.704,  163.708(1) 
					 FS.
New 2-19-78, Formerly 37-1.02, Repealed by Section 12,
					 Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 37 - ADVISORY COUNCIL ON INTERGOVERNMENTAL RELATIONS › 37 - Departmental › Chapter 37-1 - ORGANIZATION › Section 37-1.003 - Council Officers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.53(1),  163.706(4)  FS. Law
					 Implemented  120.53(1),  163.704(4)  FS.
New 2-19-78, Amended 2-4-79, Formerly 37-1.03, Repealed by
					 Section 12, Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 37 - ADVISORY COUNCIL ON INTERGOVERNMENTAL RELATIONS › 37 - Departmental › Chapter 37-1 - ORGANIZATION › Section 37-1.004 - General Description of Council Organization and Operations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.53(1)(a),  163.706(4)  FS. Law
					 Implemented  120.53(1),  163.707 FS.
New 2-19-78, Amended 12-4-83, Formerly 37-1.04, Repealed by
					 Section 12, Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 37 - ADVISORY COUNCIL ON INTERGOVERNMENTAL RELATIONS › 37 - Departmental › Chapter 37-1 - ORGANIZATION › Section 37-1.005 - Council Functions and Duties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.53(1),  163.706(4)  FS. Law
					 Implemented  120.53(1),  163.705,  163.7055,  163.706(3) 
					 FS.
New 1-19-78, Amended 2-4-79, Formerly 37-1.05, Repealed by
					 Section 12, Chapter 2012-31, Laws of Florida,
					 5-27-12.