Summary
All of the following amendments are based on statutory additions to Section 112.324(3), Florida Statutes. Rule 34-17.008 will be amended to indicate: (1) a preliminary investigation must be undertaken by Commission within 30 days after receiving a referral that is technically and legally sufficient; (2) the Commission has one year to complete a preliminary investigation, including determining probable cause; (3) an investigatory report must be completed within 150 days from the start of the investigation; and (4) the process by which the Commission may extend the time frame to complete the investigation, which can extend for up to 60 days. Rule 34-17.010 will be amended to reflect: (1) the investigatory report must be sent to the respondent and the Commission's Advocate within 5 days of its completion; (2) the Advocate will have 15 days upon receiving the report to submit a written recommendation to the Commission concerning probable cause; (3) the Advocate's recommendation shall be sent to the respondent within 5 days of its completion, and the respondent will have 14 days to respond in writing to the recommendation; (4) upon receiving the Advocate's recommendation, the Commission will schedule a probable cause hearing for its next Commission meeting; (5) if the Commission finds probable cause during the hearing, it will send an order of this finding to the complainant and the respondent within 5 days of the date of the determination; (6) the process by which a formal evidentiary hearing may be requested, including clarifying that a public hearing will be deemed waived if not requested by a respondent within 14 days of receiving the probable cause determination; and (7) the process by which the Commission will complete final action on a case after a public hearing is held. Rule 34-17.017 will be amended to indicate that at least two-thirds of the members of the Commission present at a meeting must vote to reject or deviate from a stipulation or settlement being recommended by the Commission Advocate.