34-5.005. Motions to Dismiss for Lack of Jurisdiction

Within a reasonable time before the hearing specified in Rule 34-5.006, F.A.C. is to be held, respondent may file with the Commission a written motion to dismiss the complaint for lack of jurisdiction which motion shall state with particularity the grounds therefor. The respondent shall simultaneously serve a copy of any such motion upon the Advocate. The Commission shall hear arguments of the respondent and Advocate on such motion prior to the hearing on the complaint specified in Rule 34-5.006, F.A.C. If the Commission finds that it has jurisdiction over matters alleged in the complaint, it shall deny respondent’s motion with respect to those allegations and shall proceed to the hearing. If the Commission finds that it has no jurisdiction over matters alleged in the complaint, it shall order the complaint dismissed with respect to those allegations and shall proceed in accordance with Rule 34-5.002, F.A.C. as if such allegations had been found insufficient under that rule.

Rulemaking Authority 112.322(9) FS. Law Implemented Art. II, Section 8(f), (h), Fla. Const., 112.322, 112.324 FS. History–New 4-7-77, Amended 9-21-77, 7-13-80, Formerly 34-5.05.