Florida Administrative Code › 34 - COMMISSION ON ETHICS › 34 - Departmental › Chapter 34-5 - REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS › Section 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

Current through Reg. 50, No. 138; July 16, 2024
(1) After a
				complaint has been reviewed and found to be in proper form, the complaint shall
				be reviewed by the Executive Director in order to determine whether the
				complaint is legally sufficient to allege a breach of public trust. Complaints
				need not be as precise as would be required by the rules of civil procedure in
				a court of law and shall be deemed sufficient if the complainant under oath
				upon knowledge or belief alleges matters which, if true, may constitute a
				breach of public trust. A complaint 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 complainant and may obtain information from public
				records.
(2) If the Executive
				Director finds that the complaint is legally sufficient, the Executive Director
				shall order an investigation of the complaint.
(3) If the Executive Director finds that the
				complaint is not legally sufficient, the complaint shall be brought before the
				Commission in executive session with the recommendations of the Executive
				Director. 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. In any case where a complaint is found
				legally insufficient and dismissed, a summary of the reasons for dismissing the
				complaint together with the complaint itself and all documents related thereto
				shall become a public record and constitute a public report.
(4) Review of complaints alleging violation
				of Article II, Section 8(a) or (i), Florida Constitution, or Sections
				 112.3144 or
				 112.3145, F.S., due to errors or
				omissions on an annual CE Form 6 - Full and Public Disclosure of Financial
				Interests, or CE Form 1 - Statement of Financial Interests.
(a) Effective May 1, 2013, the Commission
				shall treat an amended annual CE Form 6 - Full and Public Disclosure of
				Financial Interests, or CE Form 1 - Statement of Financial Interests, filed
				prior to September 1 of the year in which the disclosure is or was due as the
				original filing, regardless of whether a complaint has been filed.
(b) If a complaint filed after May 1, 2013,
				alleges an error or omission on an annual CE Form 6 - Full and Public
				Disclosure of Financial Interests, or CE Form 1 - Statement of Financial
				Interests, the Executive Director shall determine whether the complaint
				contains any allegations other than allegations of an immaterial,
				inconsequential, or de minimis error or omission on the disclosure form. If the
				complaint contains no such allegations, the staff shall take no action on the
				complaint other than to notify the respondent of the complaint. If the
				respondent files an amended disclosure correcting the error or omission with
				the Commission within 30 days of the date the notice is mailed, no further
				action shall be taken. If the respondent does not file an amended disclosure
				correcting the error or omission with the Commission within 30 days of the date
				the notice is mailed, the procedures in subsections (1)-(3), above, shall be
				followed.