The purpose and effect of the proposed rule is to clarify Form DC1-201, Invoice for Production of Records, to update what is exempt from disclosure.

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-102.101: Public Information and Inspection of Records
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify Form DC1-201, Invoice for Production of Records, to update what is exempt from disclosure.
SUMMARY: The proposed rule updates Form DC1-201, Invoice for Production of Records, to include additional statutory exemptions to public records disclosure.
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.
Based on legal analysis provided by the Office of the General Counsel, the amendments only reflect statutory changes to public records laws and will not have a negative economic impact or affect small business. The rule is therefore not expected to require legislative ratification.
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: 944.09 FS.
LAW IMPLEMENTED: 119.07, 120.53 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kendra Jowers, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-102.101 Public Information and Inspection of Records.

(1) through (4) No change.

(5) When copies requested pursuant to this rule are available to be picked up or for mailing, the requestor shall be notified of the costs of reproduction as specified in subsections (2) and (3) on Form DC1-201, Invoice for Production of Records. Form DC1-201. Form DC1-201 shall also indicate if any information is redacted from the copies provided as required by state law. Form DC1-201 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of Form DC1-201 is February, 2011 8-18-09.

Rulemaking Authority 944.09 FS. Law Implemented 119.07, 120.53 FS. History–New 10-8-76, Amended 2-24-81, Formerly 33-1.04, Amended 6-9-86, 2-9-88, Formerly 33-1.004, Amended 10-29-01, 12-5-05, 4-16-08, 12-25-08, 8-18-09,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jennifer Parker, General Counsel
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 17, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 2, 2011