11526139, 34-5.0006 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11526139

Notice of Development of Rulemaking

Department:

COMMISSION ON ETHICS

Chapter:

REVIEW, INVESTIGATION AND HEARING OF COMPLAINTS

Overview

RULE:

34-5.0006	Filing and Serving Documents; Facsimile Transmissions
34-5.0291	Award of Attorney's Fees

PURPOSE:

The Commission proposes to change Rule 34-5.006, F.A.C., in response to comments received from the Joint Administrative Procedures Committee. Additionally, the Commission is amending Rule 34-5.0291, F.A.C., to require petitioners for fees and costs to include the amount of fees and costs expended by or on their behalf in complaint proceedings.

SUBJECT:

The subject of this rulemaking includes the Commission’s procedural rule for probable cause determinations in complaint proceedings, and the rule that allows for respondents to recover their costs and attorney's fees against complainants pursuant to Section 112.317(7), Florida Statutes.

RULEMAKING AUTHORITY:

112.322(9) FS.

LAW:

Art. II, Section 8(f), (h), Fla. Const., 112.317(7), 112.322, 112.324 FS.

PRINT PUBLISH DATE:

5/25/2012 Vol. 38/21

RELATED STATUTES
AND LAWS:

112.322(9) FS., Art. II, Section 8(f), (h), Fla. Const., 112.317(7), 112.322, 112.324 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=34-5.0006&PDate=5/25/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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