Florida Regulations 34-5.008: Confidentiality
Current as of: 2024 | Check for updates
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(1) Except as otherwise provided in these rules, the complaint and all staff and Commission activities, proceedings, and documents relating to the complaint shall be confidential until either:
(a) Confidentiality is waived in writing by the respondent; or
(b) The Commission orders the complaint dismissed, as provided in Fl. Admin. Code R. 34-5.002; or
(c) The Commission orders a public report, or a public hearing, as provided in Fl. Admin. Code R. 34-5.006 When confidentiality is waived, the Commission orders the complaint dismissed, or the Commission orders a public report or a public hearing, all materials relating to the complaint 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 complaint, 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 complainant about the status of the complaint proceeding.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented Art. II, Section 8(f), (h), Fla. Const., 112.322, 112.324 FS. History-New 2-5-76, Formerly 34-1.07, Amended 4-11-76, 4-7-77, 9-21-77, 7-13-80, 10-3-84, Formerly 34-5.08, Amended 2-19-91, 7-5-92, 2-16-95, 7-28-98.
Terms Used In Florida Regulations 34-5.008
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
(b) The Commission orders the complaint dismissed, as provided in Fl. Admin. Code R. 34-5.002; or
(c) The Commission orders a public report, or a public hearing, as provided in Fl. Admin. Code R. 34-5.006 When confidentiality is waived, the Commission orders the complaint dismissed, or the Commission orders a public report or a public hearing, all materials relating to the complaint 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 complaint, 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 complainant about the status of the complaint proceeding.
Rulemaking Authority Florida Statutes § 112.322(9). Law Implemented Art. II, Section 8(f), (h), Fla. Const., 112.322, 112.324 FS. History-New 2-5-76, Formerly 34-1.07, Amended 4-11-76, 4-7-77, 9-21-77, 7-13-80, 10-3-84, Formerly 34-5.08, Amended 2-19-91, 7-5-92, 2-16-95, 7-28-98.