Section 34-17.008 - Investigations(1) Commencement of Investigations. Investigations shall be initiated only as provided above in Rule 34-17.005, F.A.C., provided that information from public records may be obtained by staff prior to the ordering of an investigation to aid in the just and efficient resolution of a referral. A preliminary investigation must be undertaken by the Commission within 30 days after the receipt of any technically and legally sufficient referral over which the Commission has jurisdiction to determine whether there is probable cause to believe that a violation has occurred. The probable cause determination is the conclusion of the preliminary investigation. The Commission shall complete the preliminary investigation, including the probable cause determination, no later than 1 year after the beginning of the preliminary investigation.(2) Investigators. Investigation shall be conducted by Commission staff, by personnel of the Department of Legal Affairs, or by any other person or agency so designated by the Commission.(3) Scope of Investigation. Investigations shall be limited to the allegations of the referral.(4) Investigator Contacts with Potential Witnesses. The investigator shall inform the person being interviewed of the confidential nature of the investigation and of the referral, unless the respondent has waived confidentiality.(5) Investigator to be Impartial. An investigator shall be impartial and unbiased in the conduct of the preliminary investigation. An investigator shall collect all evidence materially related to the allegations of the referral, whether such evidence tends to prove or disprove the allegations. If the Commission determines that a public hearing shall be held, however, the investigator is responsible for assisting the Advocate in the proof of the allegations brought against the respondent. If an investigator feels that for any reason he or she cannot be impartial or unbiased during the preliminary investigation then such investigator shall so notify the Executive Director of the Ethics Commission and shall immediately discontinue working in the investigation. If the Commission feels that the investigator cannot be unbiased or impartial at any point of time during the preliminary investigation, the Commission shall terminate any further investigation by the investigator.(6) Investigator's Report. Upon the completion of the preliminary investigation, the investigator shall prepare a report to the Commission. The report shall contain a narrative account of all pertinent information obtained through interviews of witnesses, documentary evidence, or other sources and shall include a discussion of any conflicts in the evidence. The report shall not contain any determination or speculation with respect to whether the evidence indicates a breach of public trust. The report shall make no recommendations.(a) An investigatory report must be completed no later than 150 days after the beginning of the preliminary investigation(b) If, at any one meeting of the Commission held during a given preliminary investigation, the Commission determines that additional time is necessary to adequately complete such investigation, the Commission may extend the time frame to complete the preliminary investigation by no more than 60 days. During such meeting, the Commission shall document its reasons for extending the investigation and transmit a copy of such documentation to the alleged violator no later than 5 days after the extension is ordered.(7) Investigatory File. The investigator shall prepare an investigatory file to be maintained in the office of the Commission on Ethics, which file shall contain: (a) Copies of all documents obtained during the course of the investigation;(b) Recordings of interviews with witnesses and, if no recording is made, a summary of the interview;(c) A list of the names and addresses of all persons actually interviewed;(d) Any other relevant documents; and(e) The investigator's report to the Commission.Fla. Admin. Code Ann. R. 34-17.008
Rulemaking Authority 112.322(9) FS. Law Implemented Art. II, Section 8, Fla. Const., 112.322, 112.324 FS.
New 11-24-13, Amended by Florida Register Volume 50, Number 249, December 24, 2024 effective 1/9/2025.