Drug Testing Criteria

DEPARTMENT OF FINANCIAL SERVICES
Division of Worker's Compensation

RULE NO.: RULE TITLE:
69L-9.015: Drug Testing Criteria

NOTICE OF CORRECTION

Notice is hereby given that the following correction has been made to the proposed rule in Vol. 37 No. 36, September 9, 2011 issue of the Florida Administrative Weekly.

The Notice of Proposed Rule, as advertised on September 9, 2011, did not fully address information that should have been included under the Summary of Statement of Estimated Regulatory Costs and Legislative Ratification.

The following language is inserted under the Summary of Statement of Estimated Regulatory Costs and Legislative Ratification: The Department has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Department has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department neither uses nor relies on Rule 69L-9.015, F.A.C., and lacks the rulemaking authority necessary to retain it. The rule is an artifact of the multiple reorganizations made to State of Florida’s government agencies that have occurred over the years. The rule was inadvertently transferred to the Department in 2003. The text of Rule 69L-9.015, F.A.C., is limited to a statement incorporating Agency for Health Care Administration (AHCA) Rule 59A-24.006, F.A.C., by reference. Given that Rule 59A-24.006 is actively administered under a grant of rulemaking authority provided to AHCA, the repeal of Rule 69L-9.015 will not result in any economic impact and will therefore not be subject to legislative ratification.