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

SUMMARY: This new rule will provide guidelines and standards on transmitting final orders to the Division of Administrative Hearings.

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: Upon completion of a SERC checklists, it was determined that the proposed rule will not have a direct or indirect financial impact on small businesses.

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: 120.53, FS.

LAW IMPLEMENTED: 119.021, 120.53, 120.533, 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: Carlos A. Rey, Florida Department of State, 500 S. Bronough St., Tallahassee, FL 32399, 850-245-6536, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE 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 canceled.

(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

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Carlos A. Rey

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Detzner

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 07/28/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 07/21/2016