Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 7014
Ì451260sÎ451260
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/10/2024 .
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The Committee on Rules (Burgess) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 153 - 273
4 and insert:
5 state attorney, or a United States Attorney which at least six
6 members of the commission determine is sufficient to indicate a
7 violation of this part or any other breach of the public trust.
8
9 Within 5 days after receipt of a complaint or referral by the
10 commission or a determination by at least six members of the
11 commission that the referral received is deemed sufficient, a
12 copy must shall be transmitted to the alleged violator.
13 (3)(a) A preliminary investigation must shall be undertaken
14 by the commission within 30 days after its receipt of each
15 technically and legally sufficient complaint or referral over
16 which the commission has jurisdiction to determine whether there
17 is probable cause to believe that a violation has occurred. A
18 complainant may submit an amended complaint up to 60 days after
19 the commission receives the initial complaint. The probable
20 cause determination is the conclusion of the preliminary
21 investigation. The commission shall complete the preliminary
22 investigation, including the probable cause determination, no
23 later than 1 year after the beginning of the preliminary
24 investigation.
25 (b) An investigatory report must be completed no later than
26 150 days after the beginning of the preliminary investigation.
27 If, at any one meeting of the commission held during a given
28 preliminary investigation, at least six members of the
29 commission determine that additional time is necessary to
30 adequately complete such investigation, the commission may
31 extend the timeframe to complete the preliminary investigation
32 by no more than 60 days. During such meeting, the commission
33 shall document its reasons for extending the investigation and
34 transmit a copy of such documentation to the alleged violator
35 and complainant no later than 5 days after the extension is
36 ordered. The investigatory report must be transmitted to the
37 alleged violator and to the counsel representing the commission
38 no later than 5 days after completion of the report. The counsel
39 representing the commission shall make a written recommendation
40 to the commission for the disposition of the complaint or
41 referral no later than 15 days after he or she receives the
42 completed investigatory report. The commission shall transmit
43 the counsel’s written recommendation to the alleged violator no
44 later than 5 days after its completion. The alleged violator has
45 14 days after the mailing date of the counsel’s recommendation
46 to respond in writing to the recommendation.
47 (c) Upon receipt of the counsel’s recommendation, the
48 commission shall schedule a probable cause hearing for the next
49 executive session of the commission for which notice
50 requirements can be met.
51 (d) If, upon completion of the preliminary investigation,
52 the commission finds no probable cause to believe that this part
53 has been violated, or that no any other breach of the public
54 trust has been committed, the commission must shall dismiss the
55 complaint or referral with the issuance of a public report to
56 the complainant and the alleged violator, stating with
57 particularity its reasons for dismissal. At that time, the
58 complaint or referral and all materials relating to the
59 complaint or referral shall become a matter of public record.
60 (e) If the commission finds from the preliminary
61 investigation probable cause to believe that this part has been
62 violated or that any other breach of the public trust has been
63 committed, it must transmit a copy of the order finding probable
64 cause to shall so notify the complainant and the alleged
65 violator in writing no later than 5 days after the date of the
66 probable cause determination. Such notification and all
67 documents made or received in the disposition of the complaint
68 or referral shall then become public records. Upon request
69 submitted to the commission in writing, any person who the
70 commission finds probable cause to believe has violated any
71 provision of this part or has committed any other breach of the
72 public trust is shall be entitled to a public hearing and may
73 elect to have a formal administrative hearing conducted by an
74 administrative law judge in the Division of Administrative
75 Hearings. If the person does not elect to have a formal
76 administrative hearing by an administrative law judge, the
77 person is entitled to an informal hearing conducted before the
78 commission. Such person is shall be deemed to have waived the
79 right to a formal or an informal public hearing if the request
80 is not received within 14 days following the mailing date of the
81 probable cause notification required by this paragraph
82 subsection. However, the commission may, on its own motion,
83 require a public hearing.
84 (f) If the commission conducts an informal hearing, it must
85 be held no later than 75 days after the date of the probable
86 cause determination.
87 (g) If the commission refers a case to the Division of
88 Administrative Hearings for a formal hearing and subsequently
89 requests that the case be relinquished back to the commission,
90 or if the administrative law judge assigned to the case
91 relinquishes jurisdiction back to the commission before a
92 recommended order is entered, the commission must schedule the
93 case for additional action at the next commission meeting for
94 which notice requirements can be met. At the next subsequent
95 commission meeting, the commission must complete final action on
96 such case.
97 (h) The commission, may conduct such further investigation
98 as it deems necessary, and may enter into such stipulations and
99 settlements as it finds to be just and in the best interest of
100 the state. The commission is without jurisdiction to, and no
101 respondent may voluntarily or involuntarily, enter into a
102 stipulation or settlement which imposes any penalty, including,
103 but not limited to, a sanction or admonition or any other
104 penalty contained in s. 112.317. Penalties may shall be imposed
105 only by the appropriate disciplinary authority as designated in
106 this section.
107 (i) At least six members of the commission must vote to
108 reject or deviate from a recommendation of the counsel
109 representing the commission.
110 (j) If a criminal complaint related to an investigation
111 pursuant to this section is filed, the timeframes in this
112 subsection are tolled until completion of the criminal
113 investigation or prosecution, excluding any appeals from such
114 prosecution, whichever occurs later.
115 (k) The failure of the commission to comply with the time
116 limits provided in this subsection constitutes harmless error in
117 any related disciplinary action unless a court finds that the
118 fairness of the proceedings or the correctness of an action may
119 have been impaired by a material error in procedure or a failure
120 to follow prescribed procedure.
121 Section 5. This act shall take effect October 1, 2024.
122
123 ================= T I T L E A M E N D M E N T ================
124 And the title is amended as follows:
125 Delete lines 12 - 74
126 and insert:
127 office; amending s. 112.324, F.S.; specifying that a
128 certain number of members of the commission are not
129 required to make a specified determination related to
130 written referrals submitted to the commission by
131 specified parties; requiring the commission to submit
132 a copy of a certain referral to an alleged violator
133 within a specified timeframe; requiring the commission
134 to undertake a preliminary investigation within a
135 specified timeframe after receipt of technically and
136 legally sufficient complaints or referrals and make a
137 certain determination; authorizing a complainant to
138 submit an amended complaint within a specified
139 timeframe; providing that the probable cause
140 determination concludes the preliminary investigation;
141 requiring the commission to complete a preliminary
142 investigation, including a probable cause
143 determination, within a specified timeframe; requiring
144 the commission to complete an investigatory report
145 within a specified timeframe; authorizing the
146 commission to extend, for a specified period, the
147 allowable timeframe to adequately complete a
148 preliminary investigation if a specified number of
149 members of the commission determine such extension is
150 necessary; requiring the commission to document the
151 reasons for extending such investigation and transmit
152 a copy of such documentation to the alleged violator
153 and complainant within a specified timeframe;
154 requiring the commission to transmit a copy of the
155 completed report to an alleged violator and to the
156 counsel representing the commission within a specified
157 timeframe; requiring such counsel to make a written
158 recommendation for disposition of a complaint or
159 referral within a specified timeframe after receiving
160 the investigatory report; requiring the commission to
161 transmit such recommendation to the alleged violator
162 within a specified timeframe; providing that the
163 alleged violator has a specified timeframe to respond
164 in writing to the counsel’s recommendation; requiring
165 the commission, upon receipt of the counsel’s
166 recommendation, to schedule a probable cause hearing
167 for the next executive session of the commission for
168 which notice requirements can be met; providing that,
169 under specified conditions, the commission may dismiss
170 complaints or referrals before completion of a
171 preliminary investigation; providing a timeframe
172 within which the commission must transmit a copy of
173 the order finding probable cause to the complainant
174 and the alleged violator after a finding of probable
175 cause; specifying that an alleged violator is entitled
176 to request a formal hearing before the Division of
177 Administrative Hearings or may select an informal
178 hearing with the commission; providing that persons
179 are deemed to waive their rights to a formal or an
180 informal hearing if the request is not received within
181 a specified timeframe; providing the timeframe within
182 which the commission must conduct an informal hearing;
183 requiring the commission to schedule a case that has
184 been relinquished from the Division of Administrative
185 Hearings for additional action at the next commission
186 meeting for which notice requirements can be met;
187 requiring the commission to complete final action on
188 such case within a specified timeframe; requiring a
189 specified number of commissioners to vote to reject or
190 deviate from a recommendation made by the counsel
191 representing the commission; providing that specified
192 timeframes are tolled until the completion of a
193 related criminal investigation or prosecution,
194 excluding appeals, whichever occurs later; providing
195 that a harmless error standard applies to the
196 commission regarding specified timeframes; providing
197 an effective date.