The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.

DEPARTMENT OF TRANSPORTATION

RULE NO.: RULE TITLE:
14-1.021: Final Orders.
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during the comprehensive rule review required by Executive Order 11-01 as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: This rule regulates indexing of the Department’s final orders. This rule is duplicative of Sections 120.53 and 120.533, F.S., and Rule 1B-30.007, F.A.C., and is no longer necessary.
Other Rules Incorporating This Rule: N/A
Effect On Those Other Rules: N/A
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: Based upon an economic impact analysis, the agency has determined that this rule will not have an adverse impact on small business and will not increase regulatory costs by $200,000 in the aggregate within one year. A SERC has not been prepared by the agency. In addition, the agency has determined that the rule(s) will not require legislative ratification pursuant to Section 120.541(3), Florida Statutes.
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(1), 334.044(2) FS.
LAW IMPLEMENTED: 120.53(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, [phone], [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

14-1.021 Final Orders.

(1) To ensure public access, the Department of Transportation (Department) will maintain a uniform index of final orders pursuant to Sections 120.53 and 120.533, F.S., and Rule 1B-30.007, F.A.C.

(2) Final orders required to be indexed pursuant to Section 120.53(1)(a)2.c., F.S., which are entered on or after July 1, 1998, will be maintained, stored, and indexed on an electronic database. Pursuant to Section 120.53(2)(a), F.S., the Department hereby designates the Municipal Code Corporation as the official reporter for creating the electronic database and indexing and preserving final orders therein. The Department will maintain the electronic database and make it available for public use. The following website is available to view Final Orders issued by the Department: http://www.mccinnovations.com/weblink/Browse.aspx.

(3) Numbering of Final Orders. All final orders shall be sequentially numbered using a two-part number separated by a dash. The first part before the dash indicates the year and the second part indicates the numerical sequence of the order issued for that year, beginning with number “1” each new calendar year with zeros left of the case number for computer sorting purposes. For example, “00-001” is the first case for calendar year 2000. The assigned agency prefix, “FDOT,” shall precede the two-part number.

(4) System for Indexing Final Orders.

(a) The Department shall maintain an alphabetical subject matter index for final orders. The subject matter index will go from general to specific. The initial headings shall be by subject broad enough to incorporate the subject titles from the Florida Statutes under which the order is rendered. The indentations below the subject headings or titles shall be more specific with the final indentation being the most specific. Related key words (specific words, terms, or phrases) and common and colloquial words shall be listed sequentially in an indentation immediately below the applicable text indentation.

(b) The Department shall designate the major subject headings to be used in the index. The index shall be cumulative for at least one year, updated at least every 120 days, and made accessible to the public.

(5) Maintenance of Records. Final orders shall be maintained by the Department pursuant to the retention schedule approved by the Department of State, Division of Library and Information Services.

Rulemaking Authority 120.53(1), 334.044(2) FS. Law Implemented 120.53(2) FS. History–New 4-6-93, Amended 2-20-96, 11-16-00, 5-8-03, Formerly 14-6.0011, Amended 10-25-10, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bruce R. Conroy, Chief, Administrative Law Division
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ananth Prasad, P.E., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 19, 2011