The purpose and effect of the proposed rule amendments are to amend rule language to conform to present technology with respect to providing e-mail addresses and to conform to statutory change.

 

ADMINISTRATION COMMISSION

RULE NO.: RULE TITLE:
28-101.001: Statement of Agency Organization and Operation

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments are to amend rule language to conform to present technology with respect to providing e-mail addresses and to conform to statutory change.

SUBJECT AREA TO BE ADDRESSED: Statement of Agency Organization and Operation.

RULEMAKING AUTHORITY: 14.202, 120.54(5) FS.

LAW IMPLEMENTED: 120.54(5) 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 IS: Barbara Leighty, Office of the Governor, Room 1801, The Capitol, Tallahassee, Florida, [phone]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

28-101.001 Statement of Agency Organization and Operation.

(1)(a) through (c) No change.

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

(a) through (c) No change.

(d) Identify the agency clerk by name, position, address, e-mail address, and telephone number; and set out his or her duties and responsibilities.

(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) Identify the name, and address, and e-mail address of the appropriate contact person for obtaining information about variances from or waivers of agency rules, and indicate how to file a petition for variance or waiver.

(g) No change.

(h) Set forth where and how agency index of final orders can be accessed.

(3) The agency clerk head shall provide a copy of its Statement of Agency Organization and Operation to any person upon request.

Rulemaking Specific Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History–New 4-1-97, Amended 1-15-07, 12-24-07,__________.