Rule notes how the Commission vote occurs.

 

FLORIDA PAROLE COMMISSION

RULE NO.:RULE TITLE:

23-15.011Commission Voting

PURPOSE AND EFFECT: Rule notes how the Commission vote occurs.

SUMMARY: This rule is duplicative of statute and no longer necessary when the Commissioners were reduced to a total of three members.

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: 1) there is no requirement for SERC triggered under Section 120.541(1), F.S., and 2) based on direct past experiences with Agency rules, there are no adverse impacts or regulatory costs as defined by the economic analysis criteria set forth in Section 120.541(2)(a), F.S.

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: 947.07 FS.

LAW IMPLEMENTED: 947.04, 947.066 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: Sarah Rumph, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

23-15.011 Commission Voting.

Decisions of the Commission at all Commission business meetings shall be determined by a majority of those Commissioners present and voting to concur in a decision. No vote shall be taken when the required quorum of the Commission is not present. Provided, however, that decisions in the following matters and cases shall be by a majority vote of the Commission:

(1) Selection of the Commission Secretary; Section 947.04(3), F.S.;

(2) All acts and decisions of the Chair as provided in Sections 947.002(3) and 947.04(1), F.S. can, pursuant to Section 947.04(5) F.S., be modified by the Governor and Cabinet upon a recommendation made by a majority vote of the Commission. Any Commissioner can have the issue involving such an act or decision of the Chair placed on the agenda for the next available Commission meeting to be voted on by the Commission.

(3) Adoption of rules, pursuant to Section 947.07, FS.

Rulemaking Specific Authority 947.07 FS. Law Implemented 947.04, 947.06 FS. History–New 1-26-93, Amended 1-5-94, 3-2-94, Repealed_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sarah Rumph, [phone], [e-mail]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Tena Pate

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 15, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 16, 2014