34-9.006. Commission Disposition of Petition

(1) In a public hearing, the Commission shall find the petition to be legally sufficient and grant a public hearing if a majority of those members present and voting consider that the allegations, if true, would constitute a violation of the Code of Ethics or any other breach of the public trust and that the allegations are of such gravity as to affect the general welfare of the state and the ability of the Petitioner to discharge effectively the duties of his or her office. The Commission shall find the petition to be legally insufficient and deny the petition (1) if Petitioner lacks standing; (2) if the allegations which gave rise to the petition would not, if true, constitute a violation of the Code of Ethics or any other breach of the public trust; or (3) if a majority of the Commission present and voting fails to consider the allegations to be of such gravity as to affect the general welfare of the state and the ability of the Petitioner effectively to discharge the duties of his or her office.

(2) If the Commission grants a public hearing of the matters alleged, the Commission shall specify whether the hearing shall be before the full Commission, before a single Commissioner as hearing officer, or before the Division of Administrative Hearings; shall determine which provisions of law will be at issue at the hearing; and shall order an investigation to determine whether in fact Petitioner did violate those provisions.

(3) The Executive Director shall notify Petitioner of the Commission’s action on the petition not later than five (5) days following such action.

Rulemaking Authority 112.322(9) FS. Law Implemented 112.322(2) FS. History–New 2-23-77, Amended 9-21-77, Formerly 34-9.06, Amended 2-16-95, 7-28-98, 11-24-15.