The purpose and effect of this rulemaking is the repeal of Rule 69I-40.040, F.A.C., because it is outdated and no longer necessary.

DEPARTMENT OF FINANCIAL SERVICES
Division of Accounting and Auditing

RULE NO.: RULE TITLE:
69I-40.040: Contracts and Grants
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is the repeal of Rule 69I-40.040, F.A.C., because it is outdated and no longer necessary.
SUMMARY: This rule repeal is part of the comprehensive review of existing rules that agencies were mandated to conduct pursuant to Executive Order 11-01 (superseded by 11-72). Rule 69I-40.040, F.A.C., “Contracts and Grants,” is being repealed because the procedure it provides has not been used for eight years. The process used today is embodied in CFO Memo 2 (2010-2011). Under Section 120.52(16)(c)2., F.S. memoranda, are instructions to state agencies issued by the CFO relating to claims for payments submitted by state agencies falling outside the definition of “rule” and are therefore exempt from the requirements of Section 120.54, F.S.
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.
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: 17.14, 17.29 FS.
LAW IMPLEMENTED: 17.001, 17.03, 17.14, 215.42 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: Tuesday, November 29, 2011, 9:30 a.m.
PLACE: 142 Larson Building, 200 East Gaines Street, 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 5 days before the workshop/meeting by contacting: Mark Merry, [phone] or [e-mail]. 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: Mark Merry, Bureau Chief, Bureau of Auditing, Division of Accounting and Auditing, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0355, [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

69I-40.040 Contracts and Grants.

Rulemaking Specific Authority 17.14, 17.29 FS. Law Implemented 17.001, 17.03, 17.14, 215.42 FS. History–New 10-21-75, Formerly 3A-40.40, Amended 1-8-95, Formerly 3A-40.040, Repealed_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Merry, Bureau Chief, Bureau of Auditing, Division of Accounting and Auditing, Department of Financial Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 17, 2011