The amendments streamline and update the rule chapter that governs the development and revision of department policies that impact contracted delinquency services and programs.

 

DEPARTMENT OF JUVENILE JUSTICE

Division of Administration

RULE NOS.:RULE TITLES:

63F-8.001:Scope

63F-8.002:Definitions

63F-8.003:Development of New and Revised Policies

PURPOSE AND EFFECT: The amendments streamline and update the rule chapter that governs the development and revision of department policies that impact contracted delinquency services and programs.

SUMMARY: The process for policy development and revision is updated and the comment period is reduced.

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 SERC Checklist and current information available to the Department indicates that the statutory threshold for ratification will not be exceeded.

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: 985.64, 985.644, FS.

LAW IMPLEMENTED: 985.644, 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: Friday, May 22, 2020, 10:00 a.m.

PLACE: DJJ Headquarters, 2737 Centerview Drive, General Counsel's Conference Room 3223, Tallahassee, Florida. For information about participation by telephone, contact John Milla at [phone].

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John Milla, 2737 Centerview Dr., Ste. 3200, Tallahassee, FL 32399-3100, e-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

63F-8.001 Scope.

Rulemaking Authority 20.316, 985.405, 985.407 FS. Law Implemented 985.407 FS. History–New 8-5-04, Repealed___.

 

63F-8.002 Definitions.

(1) Policy – For purposes of this rule, a “policy” is an operational requirement that applies to only the specified contracted delinquency service or program and that encompasses the general goals and acceptable procedures of the Department. Excluded from this rule are any policies which:

(a) Are issued as a result of a statutory mandate or an emergency and require implementation in a shorter time period than is described in this rule, or

(b) Apply only to grants administered by or through the Department.

(2) Contracted Delinquency Service or Program – A service or program for supervision, custody, education, or treatment of delinquent youth operated under contract with the Department.

(3) Fiscal Impact Statement – Identifies the fiscal impact of the policy on the Department and contracted delinquency service or program providers. A Rule 63F Fiscal Impact Statement (Rule 63F Fiscal Impact Statement, Rev. 06/08/2004) will be prepared for each applicable policy by the Department. The Rule 63F Fiscal Impact Statement (FDJJ-1000-2, 6/8/2004) is incorporated by reference and is available at [link] herein and is available from the Policy Development Officer in the Department’s Office of Administration in Tallahassee.

Rulemaking Authority 985.64, 985.644 20.316, 985.405, 985.407 FS. Law Implemented 985.644 985.407 FS. History–New 8-5-04, Amended __________.

 

63F-8.003 Development of New and Revised Policies.

The Department shall:

(1) Post the proposed policy, the draft Fiscal Impact Statement, and identifying information of the Department’s contact person on the Department’s internet site (http://www.djj.state.fl.us/partners/policies-resources/department-policies/policies-under-review) (http://www.djj.state.fl.us/DJJServices/Administration/policies_procedures/policyreview.shtml).

(2) Provide notice in the Florida Administrative Register advising the public that a proposed policy has been posted, that briefly describes the proposed policy and identifies the Department’s internet site. This notice begins the public comment period of 10 20 working days.

(3) Analyze comments received during the comment period and Pprepare a written response to public comments submitted to the contact person in that period.

(4) Prepare a second draft of the proposed policy and Fiscal Impact Statement. Post the second draft of the proposed policy, the response of the Department to comments received, and the Fiscal Impact Statement, and identifying information of the Department’s contact person on the Department’s internet site.

(5) Post the policy on the Department’s internet site upon approval by the Secretary of the Department.

Rulemaking Authority 985.64, 985.644 20.316, 985.405, 985.407 FS. Law Implemented 985.644 985.407 FS. History–New 8-5-04, Amended __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Christopher Goodman, Director, Department of Juvenile Justice's Office of Program Accountability

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Simone Marstiller, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 7, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 20, 2019