To repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

DEPARTMENT OF LAW ENFORCEMENT
Division of Criminal Justice Information Systems

RULE NO.: RULE TITLE:
11C-4.005: Deceased Notification Submission
11C-4.0065: Orders of Executive Clemency; Disposition
PURPOSE AND EFFECT: To repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: Repeal of Rule 11C-4.005, F.A.C., is required as it is duplicative of Medical Examiner requirements to submit fingerprints of unknown deceased individuals to FDLE per Rule 11G-2.002, F.A.C. Repeal of Rule 11C-4.0065, F.A.C., is required as it is duplicative of final disposition reporting procedures outlined in Rule 11C-4.006, F.A.C., and obsolete.
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 rules.
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: 943.03(4), 943.05(2)(d) FS.
LAW IMPLEMENTED: 406.145, 943.05, 943.051 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
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 5 days before the workshop/meeting by contacting: Jean Itzin at [phone] or [e-mail] or write to Florida Department of Law Enforcement, Criminal Justice Information Services, Attention: Jean Itzin, 2331 Phillips Road, Tallahassee, Florida 32308. 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: Jean Itzin at [phone] or [e-mail], or write the Florida Department of Law Enforcement, Crime Information Bureau, P. O. Box 1489, Tallahassee, Florida 32302

THE FULL TEXT OF THE PROPOSED RULE IS:

11C-4.005 Deceased Notification Submission.

The cognizant law enforcement agency shall submit a set of fingerprints on unknown deceased individuals to the Department for the purpose of positive identification.

Rulemaking Specific Authority 943.03(4), 943.05(2)(d) FS. Law Implemented 406.145, 943.05, 943.051 FS. History–New 6-24-76, Formerly 11C-4.05, Amended 7-7-99, Repealed________.

 

11C-4.0065 Orders of Executive Clemency; Disposition.

Upon notice from an individual who has obtained any form of executive clemency by order of the Governor and the cabinet, such clemency shall be treated by the Department as a final disposition. It shall be the responsibility of the individual to forward to the Department a copy of the order together with a fingerprint card for assurance of positive identification.

Rulemaking Specific Authority 943.03(4), 943.05(2)(d) FS. Law Implemented 943.05, 943.051 FS. History–New 11-12-81, Formerly 11C-4.065, Amended 7-7-99, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha Wright
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 15, 2011