(1) Except as otherwise provided in these rules, the referral and all staff and Commission activities, proceedings, and documents relating to the referral shall be confidential until either:
    (a) Confidentiality is waived in writing by the respondent; or
    (b) The Commission orders the referral dismissed, as provided in Fl. Admin. Code R. 34-17.005; or
    (c) The Commission orders a public report or a public hearing as provided in Fl. Admin. Code R. 34-17.010 When confidentiality is waived, the Commission orders the referral dismissed, or the Commission orders a public report or a public hearing, all materials relating to the referral shall become public records available to the public as provided in Florida Statutes Chapter 119, except to the extent the materials are otherwise exempted from disclosure under the public records law.
    (2) For the purposes of this rule, the Commission shall be deemed to have ordered a dismissal of the referral, a public report, or a public hearing at the time the written order or document evidencing that action is filed with the Commission Clerk, rather than at the time the Commission has so voted.
    (3) The confidentiality provided by this rule shall not prohibit the Commission or its staff from advising the respondent or the referring agency about the status of the referral proceeding.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented Art. II, Section 8, Fla. Const., 112.322, 112.324 FS. History—New 11-24-13.