(1) The Executive Director shall review the Petition and make a written analysis (1) of whether the allegations made against Petitioner, if true, would constitute a violation of any provision of the Code of Ethics or any other breach of the public trust and, if so, which provisions, and (2) as to the gravity of the allegations and their effect upon the general welfare of the state as well as upon the ability of the Petitioner to effectively discharge the duties of office. The allegations made against Petitioner need not be as precise as would be required by the rules of civil procedure in a court of law. A petition shall not be deemed legally insufficient because it is based upon evidence which would be hearsay evidence in a court of law. Based upon this analysis, the Executive Director shall recommend that the petition for hearing either be granted or denied or that additional information be provided by Petitioner.

Terms Used In Florida Regulations 34-9.005

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
    (2) A copy of the written analysis shall be sent to Petitioner at least seven (7) days prior to bringing it before the Commission in public meeting for Commission disposition, provided such period may be shortened with the written consent of Petitioner.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented 112.322(2) FS. History-New 2-3-77, Formerly 34-9.04, Amended 9-21-77, Formerly 34-9.05, Amended 2-16-95, 7-28-98.