The proposed rule amendment, in order to conform with statutory language in subsection 120.57(3)(d)2, seeks to amend rule language to clarify language in the situation where the last day of the period allowed for filing a petition or bond falls on a ...

 

ADMINISTRATION COMMISSION

RULE NO.: RULE TITLE:
28-110.004: Formal Written Protest
PURPOSE AND EFFECT: The proposed rule amendment, in order to conform with statutory language in subsection 120.57(3)(d)2, seeks to amend rule language to clarify language in the situation where the last day of the period allowed for filing a petition or bond falls on a weekend or state holiday.
SUMMARY: The rule is amended to conform with statutory language in subsection 120.57(3)(d)2.
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: The Commission has determined that the rule amendment is not expected to require legislative ratification based on the fact that the rule amendment merely clarifies language in the situation where the last day of the period allowed for filing a petition or bond falls on a weekend or legal holiday in order to conform with statutory language in subsection 120.57(3)(d)2.
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: 14.202, 120.54(5) FS.
LAW IMPLEMENTED: 120.57(5) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Leighty, Office of the Governor, Room 1801, The Capitol, Tallahassee, Florida [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

28-110.004 Formal Written Protest.

(1) - (2) No Change.

(3) The time allowed for filing a petition or a bond is not extended by mailing either document. If the last day of the period allowed for filing a petition or bond is a Saturday, Sunday, or state holiday, the period shall not run until the end of the next day that is not a Saturday, Sunday, or state holiday.

Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.57(5) FS. History–New 4-1-97, Amended 1-15-07, __________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Administration Commission
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Administration Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 18, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2012