The purpose of the proposed repeal of Rule 12-2.021, F.A.C. (Purpose), Rule 12-2.027, F.A.C. (System for Indexing Final Orders), and Rule 12-2.028, F.A.C. (Maintenance of Final Orders), is to remove unnecessary requirements and provisions regarding ...

 

DEPARTMENT OF REVENUE

RULE NOS.:RULE TITLES:
12-2.021Purpose
12-2.027System for Indexing Final Orders
12-2.028Maintenance of Final Orders
PURPOSE AND EFFECT: The purpose of the proposed repeal of Rule 12-2.021, F.A.C. (Purpose), Rule 12-2.027, F.A.C. (System for Indexing Final Orders), and Rule 12-2.028, F.A.C. (Maintenance of Final Orders), is to remove unnecessary requirements and provisions regarding the indexing and handling of final orders that are redundant of Department of State Rules 1B-32.001 and 1B-32.002, F.A.C., of Rule Chapter 1B-32, F.A.C. (Indexing, Management, and Availability of Final Orders).
SUMMARY: The proposed repeal of Rule 12-2.021, F.A.C. (Purpose), removes provisions that are repetitive of requirements for the indexing or listing of final orders provided in Rule 12-2.023, F.A.C. (Final Orders Required to be Indexed), and Rule 12-2.024, F.A.C. (Listing of Final Orders).
The proposed repeal of Rule 12-2.027, F.A.C. (System for Indexing Final Orders), removes provisions repetitive of subsection (2) of Department of State Rule 1B-32.002, F.A.C. (Minimum Indexing Requirement), which requires agencies to maintain an alphabetical subject matter index of final orders.
The proposed repeal of Rule 12-2.028, F.A.C. (Maintenance of Final Orders), removes provisions repetitive of subsection (2) of Department of State Rule 1B-32.001, F.A.C. (General Information), which requires agencies to maintain final orders according to the retention schedule approved by the Division of Library and Information Services.
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.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) no requirement for the Statement of Economic Regulatory Costs (SERC) was triggered under Section 120.541(1), F.S.; and 2) based on past experiences with activities for indexing or listing of final orders and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would exceed any one of the economic analysis criteria in a SERC, as set forth in Section 120.541(2)(a), F.S.
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: 120.533(1), 120.54(1), 213.06(1) FS.
LAW IMPLEMENTED: 119.041(2), 120.53(1), (2), (3), (4) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 29, 2013, 1:30 p.m.
PLACE: 2450 Shumard Oak Boulevard, Building One, Room 1220, Tallahassee, Florida
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 48 hours before the workshop/meeting by contacting: Tammy Miller at [phone]. 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: Janet Young, Tax Law Specialist, Technical Assistance and Dispute Resolution, Department of Revenue, P. O. Box 7443, Tallahassee, Florida 32314-7443, telephone [phone].

THE FULL TEXT OF THE PROPOSED RULE IS:

12-2.021 Purpose.

Rulemaking Authority 120.54(1) FS. Law Implemented 120.53(1), (2), (3) FS. History-New 11-11-92,

Repealed_________.

 

12-2.027 System for Indexing Final Orders.

Rulemaking Authority 120.533(1), 213.06(1) FS. Law Implemented 120.53(2), (3), (4) FS. History-New 11-11-92, Repealed_________.

 

12-2.028 Maintenance of Final Orders.

Rulemaking Authority 120.533(1), 213.06(1) FS. Law Implemented 119.041(2) FS. History-New 11-11-92, Repealed_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Janet Young, Tax Law Specialist, Technical Assistance and Dispute Resolution, Department of Revenue, P. O. Box 7443, Tallahassee, Florida 32314-7443, telephone [phone].
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: A Notice of Proposed Rule Development was published in the Florida Administrative Weekly on July 20, 2012 (Vol. 38, No. 29, pp. 2890-2891), to advise the public of the proposed repeal of Rule 12-2.021, F.A.C. (Purpose), Rule 12-2.027, F.A.C. (System for Indexing Final Orders), and Rule 12-2.028, F.A.C. (Maintenance of Final Orders), and to provide that, if requested in writing, a rule development workshop would be held on August 8, 2012. No request was received by the Department. No written comments were received by the Department.