This rule contains definitions commonly used throughout the Chapter for conducting business.

 

FLORIDA COMMISSION ON OFFENDER REVIEW

RULE NO.:RULE TITLE:

23-21.002Definitions

PURPOSE AND EFFECT: This rule contains definitions commonly used throughout the Chapter for conducting business.

SUMMARY: The proposed change to one definition is necessary to comply with recent changes to paragraph 23-21.007(1)(a), F.A.C.

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 Subsection 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 in Subsection 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, 947.20 FS.

LAW IMPLEMENTED: 947.002, 947.16, 947.165, 947.172, 947.173, 947.174, 947.1745, 947.1746, 947.21, 947.22, 947.23 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, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

23-21.002 Definitions.

The following definitions are provided for the clarification of all terms used throughout Chapter 23, F.A.C.:

(1) through (40) No change.

(41) Recidivist Criminal Factor means four or more prior adult felony convictions or juvenile ajudications for felony offenses, from four or more separate criminal episodes, at least two of which resulted in incarceration.

(42) through (51) No change.

Rulemaking Authority 947.07, 947.20, 947.149, 947.174(5) FS. Law Implemented 947.002, 947.16, 947.165, 947.172, 947.173, 947.174, 947.1745, 947.1746, 947.21, 947.22, 947.23, FS. History–New 9-10-81, Amended 10-1-82, 8-1-83, 7-1-84, Formerly 23-21.02, Amended 7-9-87, 1-29-93, 1-5-94, 8-19-04, 8-17-06, 2-12-13, 2-3-14,                                           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sarah Rumph

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 3, 2014

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