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Version A final setup - Florida House of Representatives

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RULE EIGHTEEN–COMPLAINTS AGAINST MEMBERS AND<br />

OFFICERS OF THE HOUSE, LOBBYISTS, AND OTHER<br />

PERSONS<br />

18.1—Complaints against Members and Officers <strong>of</strong> the <strong>House</strong>,<br />

Lobbyists, and Other Persons; Procedure<br />

Rule 18 governs proceedings on all complaints under the jurisdiction <strong>of</strong> the<br />

<strong>House</strong>. Such complaints include:<br />

(a) Those alleging violation <strong>of</strong> law, violation <strong>of</strong> the <strong>House</strong> Code <strong>of</strong><br />

Conduct, or improper conduct <strong>of</strong> a member or <strong>of</strong>ficer that may reflect upon the<br />

<strong>House</strong>; or<br />

(b) Violations <strong>of</strong> Joint Rule One or s. 11.045, s. 112.3148, or s.<br />

112.3149, <strong>Florida</strong> Statutes, by any lobbyist or person other than a member <strong>of</strong><br />

the <strong>House</strong>.<br />

18.2—Violations; Investigations<br />

(a) Any person may file a sworn complaint with the Chair <strong>of</strong> the Rules<br />

& Calendar Committee alleging a violation as provided in Rule 18.1. The<br />

complaint shall be based on personal knowledge <strong>of</strong> the complainant, shall state<br />

detailed facts, shall specify the actions <strong>of</strong> the named respondent which form the<br />

basis for the complaint, and shall identify each specific rule or law alleged by<br />

the complainant to have been violated.<br />

(b) Upon a determination by the Chair <strong>of</strong> the Rules & Calendar<br />

Committee that the complaint states facts supporting a finding <strong>of</strong> probable<br />

cause, the Speaker shall refer the complaint to a special master or to a select<br />

committee. Upon a determination by the Chair <strong>of</strong> the Rules & Calendar<br />

Committee that the complaint fails to state facts supporting a finding <strong>of</strong><br />

probable cause, the complaint shall be dismissed.<br />

(c) Upon referral by the Speaker <strong>of</strong> a complaint under subsection (b),<br />

the special master or select committee shall conduct an investigation, shall give<br />

reasonable notice to the respondent, and shall grant the respondent an<br />

opportunity to be heard unless the investigation fails to reveal facts supporting a<br />

finding <strong>of</strong> probable cause. A special master's or select committee's report and<br />

recommendation is advisory only and shall be presented to the Chair <strong>of</strong> the<br />

Rules & Calendar Committee as soon as practicable after the close <strong>of</strong> the<br />

investigation. If the report and recommendation conclude that the facts do not<br />

support a finding <strong>of</strong> probable cause, the complaint shall be dismissed by the<br />

Chair <strong>of</strong> the Rules & Calendar Committee.<br />

(d) If the complaint is not dismissed by the special master or the select<br />

committee, the Rules & Calendar Committee shall consider the report and<br />

recommendation, shall grant the respondent an opportunity to be heard, and<br />

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