Section 34-12.760 - ConfidentialityThe complaint and all Commission and staff activities, proceedings, and documents relating to a complaint are confidential, notwithstanding any provision of Chapters 119, 120 and 286, F.S., unless confidentiality is waived in writing by the Respondent.
(1) When a complaint is dismissed without investigation as provided in Rule 34-12.720, F.A.C., the complaint, the Executive Director's recommendation, and the Commission's order dismissing the complaint will become public records available to the public upon the filing of the order with the Clerk of the Commission; the remainder of the file and the investigative file will remain confidential.(2) When a complaint is dismissed with a finding of no probable cause, the complaint, the report of investigation, and the Commission's order will become public records available to the public upon the filing of the order with the Clerk of the Commission; the remainder of the file and the investigative file will remain confidential.(3) When the Commission finds probable cause to believe that a violation has occurred, all documents made or received in the disposition of the complaint shall become public records available to the public upon the filing of the Commission's order with the Clerk of the Commission.Fla. Admin. Code Ann. R. 34-12.760
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented 112.3215 FS.