The purpose of this proposed rule amendment is to clarify the filing date of documents not filed during business hours.

ADMINISTRATION COMMISSION

RULE NO: RULE TITLE
28-101.001: Statement of Agency Organization and Operation
PURPOSE AND EFFECT: The purpose of this proposed rule amendment is to clarify the filing date of documents not filed during business hours.
SUBJECT AREA TO BE ADDRESSED: Filing of documents.
SPECIFIC AUTHORITY: 120.54(5) FS.
LAW IMPLEMENTED: 120.54(5)(b)7. 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 WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Barbara Leighty, Policy Analyst, telephone [phone], or Gladys Perez, General Counsel, telephone [phone], Administration Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

28-101.001 Statement of Agency Organization and Operation.

(1) No change.

(2) The Statement of Agency Organization and Operation shall:

(a) through (d) No change.

(e) State whether documents can be filed by electronic mail or facsimile transmission, including applicable telephone numbers and electronic mail addresses where filings may be submitted, and set forth the acceptable nature and scope of such filings, including the following:

1. That a party who files a document by electronic mail or facsimile transmission represents that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause, and that the party shall produce it upon the request of other parties.

2. That a party who elects to file a document by electronic mail or facsimile transmission shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the agency as a result.

3. That the filing date for a document transmitted by electronic mail or by facsimile shall be the date the agency receives the complete document. Any document received by the office of the agency clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day.

(f) through (g) No change.

(3) No change.

Specific Authority 120.54(5) FS. Law Implemented 120.54(5)(b)7. FS. History–New 4-1-97, Amended 1-15-07,_________.