Florida Regulations 34-5.005: Motions to Dismiss for Lack of Jurisdiction
Current as of: 2024 | Check for updates
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Within a reasonable time before the hearing specified in Fl. Admin. Code R. 34-5.006 is to be held, respondent may file with the Commission a written motion to dismiss the complaint for lack of jurisdiction which motion shall state with particularity the grounds therefor. The respondent shall simultaneously serve a copy of any such motion upon the Advocate. The Commission shall hear arguments of the respondent and Advocate on such motion prior to the hearing on the complaint specified in Fl. Admin. Code R. 34-5.006 If the Commission finds that it has jurisdiction over matters alleged in the complaint, it shall deny respondent’s motion with respect to those allegations and shall proceed to the hearing. If the Commission finds that it has no jurisdiction over matters alleged in the complaint, it shall order the complaint dismissed with respect to those allegations and shall proceed in accordance with Fl. Admin. Code R. 34-5.002 as if such allegations had been found insufficient under that rule.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented Art. II, Section 8(f), (h), Fla. Const., 112.322, 112.324 FS. History-New 4-7-77, Amended 9-21-77, 7-13-80, Formerly 34-5.05.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented Art. II, Section 8(f), (h), Fla. Const., 112.322, 112.324 FS. History-New 4-7-77, Amended 9-21-77, 7-13-80, Formerly 34-5.05.
Terms Used In Florida Regulations 34-5.005
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.