14-1.020: General Purpose and Application.
14-1.021: Final Orders.
PURPOSE AND EFFECT: Rule Chapter 14-1, F.A.C., is being amended to remove unnecessary language and repeal Rule 14-1.020, F.A.C.
SUMMARY: Rule Chapter 14-1, F.A.C., is being amended to update and reorganize the rules.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 344.044(2) FS.
LAW IMPLEMENTED: 120.53(1), (2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
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
THE FULL TEXT OF THE PROPOSED RULE IS:
14-1.020 General Purpose and Application.
Rulemaking Specific Authority 334.044(2) FS. Law Implemented 120.53(1)(b),(c), 120.533(2)-(4), 120.57 FS. HistoryNew 6-26-75, Amended 9-1-75, Formerly 14-6.01, Amended 8-1-90, 4-6-93, 1-17-99, Formerly 14-6.001, Repealed________.
14-1.021 Final Orders.
(1) To ensure public access, tThe Department of Transportation (Department) will maintain a uniform index of final orders. pPursuant to Sections 120.53 and 120.533, F.S. Florida Statutes, and Rule 1B-30.007, F.A.C. this rule chapter establishes the minimum requirements for indexing final orders as defined in Section 120.52(7), Florida Statutes.
(2) Public Inspection and Duplication.
(a) The following shall be made available by the Department for public inspection and copying, at no more than cost:
1. All final orders.
2. A current subject-matter index.
(b) The Clerk of Agency Proceedings assigned by the Department shall maintain and store such final orders and assist the public in obtaining copies of final orders and maintain a current subject-matter index.
(c) The Department shall maintain and store such final orders. index with the Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Room 550, Mail Station 58, Tallahassee, Florida 32399-0458. The office is open to the public between the hours of 8:00 a.m. and 5:00 p.m., excluding holidays and weekends.
(2)(d) Final orders required to be indexed pursuant to under Section 120.53(1)(a)2.c., F.S. Florida Statutes, which are entered on or after July 1, 1998, will also be maintained, stored, and indexed on an electronic database Pursuant to Section 120.53(2)(a), F.S. Florida Statutes, the Department hereby designates the Municipal Code Corporation as the its official reporter for creating the electronic database and indexing and preserving final orders therein. The electronic database will allow users to research and retrieve the full texts of agency final orders by using commonly used search terms and descriptive information about the orders, including major subject headings. The indexing system for the electronic database shall have fixed fields to ensure common usage of such terms by anyone who uses the system. 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 http://www.mccimaging.com.
(3) Final Orders Required to be Indexed. The Department shall index all final orders.
(3)(4) Numbering of Final Orders.
(a) 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, which is FDOT, shall precede the two-part number.
(4)(5) 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)(6) Maintenance of Records. Final orders pursuant to this rule chapter shall be maintained by the Department pursuant to the retention schedule approved by the Department of State, Division of Library and Information Services.
Rulemaking Specific Authority 120.53(1), 334.044(2) FS. Law Implemented 120.53(2) FS. HistoryNew 4-6-93, Amended 2-20-96, 11-16-00, 5-8-03, Formerly 14-6.0011, Amended________.
