DEPARTMENT OF CHILDREN AND FAMILIES
Statement of Reasons for Not Initiating Rulemaking Pursuant to Section 120.54(7)(c) , Florida Statutes
The Department hereby provides notice pursuant to Section 120.54(7)(c), Florida Statutes, that it will not be initiating rulemaking to adopt the following documents as rules: 1) the Department of Children and Families Statewide Auxiliary Aids and Service Plan for Persons with Disabilities & Persons with Limited English Proficiency; 2) the Department of Children and Families Operating Procedure American With Disabilities Act (ADA) Accommodation Procedures for Applicants/Employees/General Public, CFOP 60-10, Chapters 1 and 3; and 3) the Department of Children and Families Operating Procedure Methods of Administration: Equal Opportunity in Service Delivery, CFOP 60-16.
Per notices duly posted in the Florida Administrative Register, public hearings were held in Tallahassee, Florida, on November 23 and December 9, 2015, pursuant to Section 120.54(7)(b), Florida Statutes, at which time oral presentations and written materials were received from persons in attendance and additional written materials were received after the conclusion of the hearings. The oral and written presentations urged that the Department commence rulemaking to adopt the above documents as rules, citing the Department’s obligation to adopt rules and the need for public access to information regarding auxiliary aids and services for persons with disabilities and limited English proficiency.
Considering the public’s oral and written comments, based on the scope and application of the three documents, it is determined that the public interest is served adequately by the application of these documents on a case-by-case basis, as contrasted with their adoption by the rulemaking procedures or requirements set forth in Chapter 120, Florida Statutes. The reasoning of the October 28, 2015, Order Concerning Petition to Initiate Rulemaking, Case No. 15-052CF, Rendition No. DCF-15-176-FO is adopted and incorporated herein. Additionally, the rulemaking requirements of Section 414.45, Florida Statutes, have been fulfilled by the incorporation of the ACCESS Florida Application, CF-ES 2337, 11/2011, and the ACCESS Florida Web Application, CF-ES 2353, 09/2011, into subsection 65A-1.205(1), Florida Administrative Code. Each of these forms (and the rule through incorporation) protect the public from discrimination by prohibiting exclusion or denial of benefits on the basis of color, religion, national origin, sex, age, or disability and provide instructions on filing a complaint of discrimination with the Department. These forms also include a similar prohibition in discrimination regarding federal programs and provide instructions on filing a complaint of discrimination with USDA and HHS.
