Florida Regulations 34-12.760: Confidentiality
Current as of: 2024 | Check for updates
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The complaint and all Commission and staff activities, proceedings, and documents relating to a complaint are confidential, notwithstanding any provision of Chapters 119, 120 and 286, F.S., unless confidentiality is waived in writing by the Respondent.
(1) When a complaint is dismissed without investigation as provided in Fl. Admin. Code R. 34-12.720, the complaint, the Executive Director’s recommendation, and the Commission’s order dismissing the complaint will become public records available to the public upon the filing of the order with the Clerk of the Commission; the remainder of the file and the investigative file will remain confidential.
(2) When a complaint is dismissed with a finding of no probable cause, the complaint, the report of investigation, and the Commission’s order will become public records available to the public upon the filing of the order with the Clerk of the Commission; the remainder of the file and the investigative file will remain confidential.
(3) When the Commission finds probable cause to believe that a violation has occurred, all documents made or received in the disposition of the complaint shall become public records available to the public upon the filing of the Commission’s order with the Clerk of the Commission.
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Florida Statutes § 112.3215. History-New 10-12-89.
Terms Used In Florida Regulations 34-12.760
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(2) When a complaint is dismissed with a finding of no probable cause, the complaint, the report of investigation, and the Commission’s order will become public records available to the public upon the filing of the order with the Clerk of the Commission; the remainder of the file and the investigative file will remain confidential.
(3) When the Commission finds probable cause to believe that a violation has occurred, all documents made or received in the disposition of the complaint shall become public records available to the public upon the filing of the Commission’s order with the Clerk of the Commission.
Rulemaking Authority 112.3215, 112.322(9) FS. Law Implemented Florida Statutes § 112.3215. History-New 10-12-89.