The Commission proposes the substantial rewrite of the rule modify the rule language to clarify the procedures for awarding 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 substantial rewrite of the rule modify the rule language to clarify the procedures for awarding of attorney’s fees.

SUMMARY: The substantial rewrite of the rule will modify the language to clarify the procedures for awarding of 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: 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:

 

(Substantial Rewording of Rule 2B-1.0045 follows. See Florida Administrative Code for present text.)

2B-1.0045 Award of Attorney’s Fees.

(1) To claim costs and attorney’s fees, the respondent shall file a petition with the Commission clerk no later than 30 days following disposition of the complaint. The petition shall state with particularity the facts and grounds that demonstrate that the respondent is entitled to an award of costs and attorney’s fees from the complainant. The Commission clerk shall forward a copy of the petition to the complainant at the most recent address on file with the Commission.

(2) 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 final order determining whether respondent is entitled to an award of attormey’s fees and costs and, if so, what amount is due.

Rulemaking Specific Authority 106.24(5), 106.26 FS. Law Implemented 106.265(6)(5) FS. History–New 4-24-05, Amended__________.

 

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: February 26, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 8, 2014