This new rule will provide standards and guidelines on how to transmit agency final orders to the Division of Administrative Hearings and implements other changes to sections 119.021, 120.53, and 120.533, Florida Statutes, made by Ch. 2015-155, Laws ...

 

DEPARTMENT OF STATE

Division of Library and Information Services

RULE NO.:RULE TITLE:

1B-32.003Maintenance of Agency Final Orders

PURPOSE AND EFFECT: This new rule will provide standards and guidelines on how to transmit agency final orders to the Division of Administrative Hearings and implements other changes to sections 119.021, 120.53, and 120.533, Florida Statutes, made by Ch. 2015-155, Laws of Fla.

SUBJECT AREA TO BE ADDRESSED: Guidelines and standards on transmitting final orders to the Division of Administrative Hearings.

RULEMAKING AUTHORITY: 120.533, FS.

LAW IMPLEMENTED: 119.021, 120.53, 120.533, FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Carlos A. Rey, Florida Department of State, Assistant General Counsel, 500 S. Bronough St., Tallahassee, FL 32399

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

1B-32.003: Maintenance of Agency Final Orders

(1) Pursuant to section 120.53, Florida Statutes, agencies are required to transmit final orders rendered on or after July 1, 2015 to a centralized electronic database. The Division of Administrative Hearings (DOAH) has been designated as the centralized electronic database of agency final orders. It is the responsibility of each agency to create an account and submit their final orders to the centralized database.

(2) The final orders that must be filed with DOAH are set forth in section 120.53(2), Florida Statutes.

(3) To be filed in DOAH’s centralized electronic database, a final order must meet the following criteria:

(a) It shall be electronically transmitted to DOAH pursuant to subsection (4) below no later than 90 days after being rendered.

(b) It shall be submitted in an ADA-compliant and text searchable PDF format, with a maximum file size of 25 MB.

(c) It must be secured with a digital signature, as defined by section 668.003, Florida Statutes, and retain metadata sufficient to establish that the electronic order filed is a true copy of the original final order and has not been modified.

(4) Agency final orders must be electronically transmitted to the DOAH through its eALJ portal (https://www.doah.state.fl.us/eALJ/Login.aspx?ReturnUrl=%2feALJ%2f).

(5) Each filing agency must follow the instructions provided on the DOAH eALJ website to register for electronic filing and to file final orders. Each agency must designate at least one person who has authority to file through the eALJ portal on behalf of the agency, prior to or upon submitting the Electronic Filing Registration form provided at https://www.doah.state.fl.us/eALJ/Registration.aspx. The designated person must obtain access by contacting DOAH’s Clerk.

(6) Only those persons designated by a filing agency under this rule may file final orders with DOAH through the eALJ portal.

(7) Each filing agency shall be responsible for ensuring proper training for each person it designates and for ensuring the security of access through its designated persons. Within 48 hours of a designated person separating from a filing agency or otherwise ceasing to be a designated person under this rule, the filing agency shall notify DOAH and have that designated person’s access to the database cancelled.

(8) DOAH shall be responsible for continued maintenance and update of the list of designated persons for each filing agency and for the ongoing security of access to the electronic database.

(9) In final orders where personal, privileged, or private information has been deemed confidential by law and, therefore, not subject to a public records request or generally available for viewing by the public, the agency that has redacted the final order prior to transmitting it to DOAH shall retain an original, unredacted copy.

Rulemaking Authority 120.53, FS. Law Implemented 119.021, 120.53, 120.533, FS. History – New xx-xx-xx