Clarifies that the term of office for a Commission member appointed to the Medical Examiner’s Commission is determined by the governor and adds to the District Candidate Search Committee a “medical examiner designated by the chairperson” upon ...

DEPARTMENT OF LAW ENFORCEMENT
Medical Examiners Commission

RULE NO.: RULE TITLE:
11G-5.003: District Medical Examiner Terms of Office
11G-5.004: Process for District Medical Examiner Candidate Nomination to the Governor

PURPOSE AND EFFECT: Clarifies that the term of office for a Commission member appointed to the Medical Examiner’s Commission is determined by the governor and adds to the District Candidate Search Committee a “medical examiner designated by the chairperson” upon notification of a vacancy on the Medical Examiners Commission.

SUMMARY: Revises district medical examiner gubernatorial appointments and district candidate search committee.

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:

OTHER RULES INCORPORATING THIS RULE: N/A.

EFFECT ON THOSE OTHER RULES: N/A.

The proposed rule is not expected to exceed any of the criteria set forth in Section 120.541(2)(a), F.S., and thus, a legislative ratification is not required under Section 120.541(3), F.S. This determination is based upon the nature of the subject matter of the proposed amendment, i.e., repeal of a reporting requirement.

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: 406.04 FS.
LAW IMPLEMENTED: 406.06(1)(a) 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):

DATE AND TIME: Tuesday, February 28, 2012, 1:00 p.m.

PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Donna Hunt at [phone] or [e-mail], or write to Florida Department of Law Enforcement, Criminal Justice Professionalism Program, 2331 Phillips Road, Tallahassee, Florida 32308

 

THE FULL TEXT OF THE PROPOSED RULES IS:

11G-5.003 District Medical Examiner Terms of Office.

The term of office for a of the district medical examiner appointed by the governor shall be three years. A gubernatorial appointment Appointments to fill a vacancy shall be for the unexpired portion of the term. For the purpose of administration, the 24 district medical examiners serve staggered terms, in accord with the following rotation:

(1) First year – Districts 1 through 7;

(2) Second year – Districts 8 through 14;

(3) Third year – Districts 15 through 24.

Rulemaking Specific Authority 406.04 FS. Law Implemented 406.06(1)(a) FS. History–New 2-23-93, Amended_________.

 

11G-5.004 Process for District Medical Examiner Candidate Nomination to the Governor.

(1) through (2) No change.

(3) Procedure to fill a District Medical Examiner Vacancy.

(a) No change.

(b) Within 30 days of being notified of a vacancy or anticipated vacancy, the Chairman of the Commission shall call for a district candidate search committee to be established and appoint a chairman. The search committee shall consist of invited representatives from the offices of the state attorney(s), public defender(s), sheriff(s), police chief(s), county commission(s), funeral homes and a representative of the local medical community from within the bounds of that particular medical examiner district and a physician member of the Medical Examiners Commission or other medical examiner designated by the Chairman or his designee. The search committee shall be requested to:

1. through 6. No change.

(c) through (f) No change.

Rulemaking Specific Authority 406.04 FS. Law Implemented 406.06(1)(a) FS. History–New 2-23-93, Amended 9-27-93, Repealed __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Donna Hunt

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 15, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 14, 2011