Summary


Rule 34-5.002(1) will be updated to reflect that, when evaluating whether an allegation in a complaint is legally sufficient, the Executive Director of the Commission must consider whether it is based on the complainant's personal knowledge or information other than hearsay. Rule 34-5.002(2) will be amended to indicate that for an allegation to be legally sufficient, each element of the statute to be investigated must be supported in the complaint by personal information or information other than hearsay. Rule 34-5.002(2) will also indicate the circumstances in which an allegation will be considered to be based on information other than hearsay. In particular, the rule will indicate that, in accordance with the Fourth District Court of Appeal's ruling in "Florida Elections Commission v. Valliere," 45 So. 3d 506 (2010), which interpreted the meaning of this same phrase when used in the Florida Elections Code, the evidence supporting the allegation can be based on hearsay that is or likely will be admissible under a statutory hearsay exception. Exact language from the court's ruling will be used in the rule. Rule 34-5.002(2) will go on to clarify how complaints will be assessed when filed in a representative capacity on behalf of an incorporated association or group, as well as how an allegation may be found legally sufficient even if other allegations in the complaint are not. Finally, provisions in Rule 34-5.0291 will be updated to indicate that candidates for public office may petition for costs and reasonable attorney's fees, and will be considered parties if a fees hearing is held at the Division of Administrative Hearings.