Fla. Admin. Code Ann. R. 34-5.0291 - Award of Attorney's Fees

(1) If the Commission determines that a person has filed a complaint against a public officer or employee or a candidate for public office with a malicious intent to injure the reputation of such officer or employee or candidate by filing the complaint with knowledge that the complaint contains one or more false allegations or with reckless disregard for whether the complaint contains false allegations of fact material to a violation of the Code of Ethics, the complainant shall be liable for costs plus reasonable attorney's fees incurred in the defense of the person complained against, including the costs and reasonable attorney's fees incurred in proving entitlement to and the amount of costs and fees.

(2) The Commission shall make such a determination only upon a petition for costs and attorney's fees filed with the Commission by the public officer or employee or candidate for public office complained against within 30 days following a dismissal of the complaint. Such petition shall state with particularity the facts and grounds which would prove entitlement to costs and attorney's fees and shall include the amount of such costs and attorney's fees expended by, or on behalf of, such petitioner through the date of the filing of the petition. Staff shall forward a copy of said petition to the complainant by certified mail, return receipt requested.

(3) If the facts and grounds alleged in the petition are not sufficient to state a claim for costs and reasonable attorney's fees, the Commission shall dismiss the petition after an informal proceeding. If the Commission determines that the facts and grounds are sufficient, the Chair after considering the Commission's workload, shall direct that the hearing of the petition be held before the Division of Administrative Hearings, the full Commission, or a single Commission member serving as hearing officer. Commission hearing officers shall be appointed by the Chair. The hearing shall be a formal proceeding under Chapter 120, F.S., and the Uniform Rules of the Administration Commission, Chapter 28-106, F.A.C. All discovery and hearing procedures shall be governed by the applicable provisions of Chapter 120, F.S. and Chapter 28-106, F.A.C. The parties to the hearing shall be the petitioner (i.e., the public officer or employee or candidate for public office who was the respondent in the complaint proceeding) and the complainant(s), who may be represented by legal counsel.

(4) The petitioner has the burden of proving the grounds for an award of costs and attorney's fees.

(5) If the petition is heard by the full Commission, it shall direct staff to prepare an order complying with Chapter 120, F.S., incorporating its findings and either granting or denying the petition. The draft of that order shall be modified or adopted at the next Commission meeting.

(6) If the petition is heard by a Commission hearing officer or, DOAH administrative law judge, in order to assist the Commission in evaluating any exceptions that may have been filed, Commission staff will provide a draft final order analyzing the exceptions. Copies shall be provided to the parties prior to the final hearing.

Notes

Fla. Admin. Code Ann. R. 34-5.0291

Rulemaking Authority 112.322(9) FS. Law Implemented 112.317(7), 112.322, 112.324 FS.

New 2-16-95, Amended 7-28-98, 7-30-00, 9-4-12, Amended by Florida Register Volume 50, Number 197, October 8, 2024 effective 10/21/2024.

New 2-16-95, Amended 7-28-98, 7-30-00, 9-4-12.