The Commission proposes the rule amendment to delete unnecessary language and to add new language to clarify the procedures for award of attorney’s fees.

 

DEPARTMENT OF LEGAL AFFAIRS

Florida Elections Commission

RULE NO.:RULE TITLE:

2B-1.0045Award of Attorney’s Fees

PURPOSE AND EFFECT: The Commission proposes the rule amendment to delete unnecessary language and to add new language to clarify the procedures for award of attorney’s fees.

SUMMARY: The rule amendment will clarify the procedures for filing for award for attorney’s fees.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency 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 Agency 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 agency 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: During discussion of the economic impact of this rule at its Commission meeting, the Commission, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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.

RULEMAKING AUTHORITY: 106.24(5), 106.26 FS.

LAW IMPLEMENTED: 106.265(6) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Amy McKeever Toman, Executive Director, Florida Elections Commission, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida 33299-1050

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

2B-1.0045 Award of Attorney’s Fees.

(1) No cost.

(2) At its next regularly scheduled meeting, the Commission shall determine whether the petition states a prima facie case for costs and attorney’s fees. If the Commission finds that the petition does not state a prima facie case for costs and attorney’s fees, the Commission shall dismiss the petition. If the Commission finds that the petition states a prima facie case for costs and attorney’s fees, the Commission shall enter an order setting the petition for a hearing involving disputed issues of material fact be held before the Commission or before one or more Commissioners appointed by the Chairman, or before the Division of Administrative Hearings for the entry of a recommended final order determining whether respondent is entitled to an award of attorney’s attormeys fees and costs and, if so, what amount is due. The Commission shall enter a fnal order after reviewing the recommended order and the parties’ exceptions, if any.

Rulemaking Authority 106.24(5), 106.26 FS. Law Implemented 106.265(6) FS. History–New 4-24-05, Amended 8-13-14,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Elections Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Elections Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 28, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 25, 2014