The purpose of amended Rule 28-104.001 is to clarify language. With regard to Rule 28-104.005, the purpose of proposed subsection (2) is to require the agency to give notice of receipt of petition for variance or waiver on its website. The ...

ADMINISTRATION COMMISSION
Departmental

RULE NO: RULE TITLE
28-104: VARIANCE OR WAIVER
28-104.001: Purpose; Construction
28-104.005: Time for Consideration of Emergency Petition
PURPOSE AND EFFECT: The purpose of amended Rule 28-104.001 is to clarify language. With regard to Rule 28-104.005, the purpose of proposed subsection (2) is to require the agency to give notice of receipt of petition for variance or waiver on its website. The language of subsections (3) through (5) was modified, added, or deleted for clarification purposes. The specific authority is being amended to comport with statutory change.
SUMMARY: The purpose of amended Rule 28-104.001 is to clarify language. With regard to Rule 28-104.005, the purpose of proposed subsection (2) is to require the agency to give notice of receipt of petition for variance or waiver on its website. The language of subsections (3) through (5) was modified, added, or deleted for clarification purposes. The specific authority is being amended to comport with statutory change.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 120.54(5)(b)8., 120.542(3) FS.
LAW IMPLEMENTED: 120.542(3) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: 9:00 AM, Friday, December 15, 2006
PLACE: Room 2103, The Capitol, Tallahassee, Florida 32399-0001
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least two days before the workshop/meeting by contacting: Barbara Leighty, Senior Policy Analyst, telephone [phone], Administration Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Leighty, Senior Policy Analyst, telephone [phone], or Gladys Perez, General Counsel, telephone [phone], Administration Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001.

THE FULL TEXT OF THE PROPOSED RULE IS:

    

  

28-104.001 Purpose; Construction.

        (1) The purpose of Tthis chapter is to implements the provisions of Section 120.542, F.S., by setting forth establishing the uniform procedures for granting or denying petitions for variances from and waivers of agency rules, and,

        (2) This chapter should be read in conjunction with the provisions of Sections 120.52(18), 120.52(19) and 120.542, F.S.

Specific Authority 120.54(5)(b)6.8., 120.542(3) FS. Law Implemented 120.542(3) FS. History–New 4-1-97, Amended ________.

        28-104.005 Time for Consideration of Emergency Petition.

        (1) No change.

        (2) Within 5 days after filing a petition for emergency variance or waiver with the agency clerk, the agency shall give notice of receipt of the petition on its website, if it has one. The agency shall also give notice by any procedure that is fair under the circumstances or provide notice of the petition to the Department of State for publication in the first available issue of the Florida Administrative Weekly. Any interested person or other agency may submit written comments on the petition for emergency variance or waiver within 5 days after publication of the of the notice required herein. The notice and comment requirements in this subsection shall not apply if the agency head finds that an immediate danger to the public health, safety, or welfare requires an immediate final order, which final order shall recite with particularity the facts underlying such finding.

        (3)(2) The agency shall issue a written order granting or denying the petition. The order shall state the facts and reasons supporting the agency's action. If tThe agency decides may deny a petition based on its decision that the situation is not an emergency,. tThe petition shall then be reviewed by the agency on a non-emergency basis as set forth in Section 120.542(7), F.S.

        (4)(3) The duration of an emergency variance or waiver shall be determined by the agency. The agency may also consider a petition requesting the same or similar variance or waiver on a non-emergency basis.

        (5) The agency shall issue a written order granting or denying the petition. The order shall state the facts and reasons supporting the agency’s action.

Specific Authority 120.54(5)(b)6.8., 120.542(3) FS. Law Implemented 120.542(3) FS. History–New 4-1-97, Amended ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Teresa Tinker, Administration Commission, Room 1801, The Capitol, Tallahassee, Florida 32399-0001
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Administration Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 14, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 1, 2006