Section 34-17.005 - Review for Sufficiency of Allegations of Breach of Public Trust and Order of Preliminary Investigation(1) The referral shall be reviewed by the Executive Director in order to determine 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 finds that the referral is sufficient to invoke the jurisdiction of the Commission, an order to investigate the referral shall be entered.(3) If the Executive Director finds that the referral is not legally sufficient to invoke the jurisdiction of the Commission, the referral shall be brought before the Commission in executive session with the recommendation of the Executive Director. 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.Fla. Admin. Code Ann. R. 34-17.005
Rulemaking Authority 112.322(9) FS. Law Implemented Art. II, Section 8, Fla. Const., 112.322, 112.324 FS.
New 11-24-13, Amended by Florida Register Volume 50, Number 197, October 8, 2024 effective 10/21/2024.