34-5.001. Staff Procedures Upon Receipt of a Complaint of Breach of Public Trust

(1) Upon receipt of a complaint, staff shall stamp on the face thereof the date on which the complaint was received in the Commission office.

(2) Technical and Clerical Review. Upon receipt of a complaint, the staff of the Commission shall review the complaint to insure that the proper complaint form has been used, that all the information required has been provided, that only one respondent has been named in each complaint form submitted, and that the complaint has been properly signed by the complainant under oath. One or more persons may sign a complaint under oath; however, when the complaint is to be filed under oath in a representative capacity in behalf of an incorporated association or group, the complaint shall include sufficient information to indicate the authority of the person signing the complaint to file such a complaint in behalf of the association or group. If the complaint lacks any of the foregoing, is otherwise incomplete, or alleges a matter or names a person not within the jurisdiction of the Commission on Ethics, the complaint shall be returned to the complainant identifying the defect. The staff shall provide assistance or information to persons seeking to file a complaint, but shall not encourage, solicit or discourage the filing of a complaint. If the complaint is filed in behalf of an unincorporated group or association, the person(s) signing the complaint will be considered to be the complainant(s) rather than the group or association.

(3) Each complaint which is not returned to the complainant shall be assigned a control number which shall be entered on the complaint itself and on a colored folder in which the complaint shall be filed so long as it remains confidential. Any document related to the complaint shall be entered into the complaint file.

(4) Transmittal of Complaint to Respondent. A copy of the original sworn complaint shall be transmitted to the respondent by certified mail, return receipt requested, by the Commission staff within five days of its receipt. Subsequent sworn amendments to the complaint also shall be transmitted to the respondent within five days of their receipt. If the certified mailing is returned undelivered, personal service of the copy of the complaint may be used in the manner provided by law for service of subpoenas, while maintaining the confidentiality of the complaint to the extent possible under the circumstances.

(5) Unless the complaint is based upon personal information or information other than hearsay, a complaint against a candidate in a general, special, or primary election that is received within the thirty (30) calendar days immediately preceding the date of that election, including Saturdays, Sundays, and holidays, will be returned by the Executive Director to the person filing the complaint, with an explanation of why the complaint is being returned.

Rulemaking Authority 112.322(9) FS. Law Implemented Art. II, Sec. 8(f), (h), Fla. Const., Chapter 2013-36, Section 17, LOF, 112.322, 112.324 FS. History–New 4-7-77, Amended 9-21-77, 11-9-77, 7-13-80, 11-26-80, 4-29-81, 2-21-83, Formerly 34-5.01, Amended 2-16-95, 10-29-13.