The purpose of this rule chapter is to identify the duties and responsibilities of the Corporation Clerk, and to specify how documents must be filed with the Corporation. Revisions to the rule chapter are required to clarify and update the rule to ...

 

FLORIDA HOUSING FINANCE CORPORATION

RULE NO.:RULE TITLE:

67-52.002Corporation Clerk

67-52.003Final Orders

67-52.004Custodian

PURPOSE AND EFFECT: The purpose of this rule chapter is to identify the duties and responsibilities of the Corporation Clerk, and to specify how documents must be filed with the Corporation. Revisions to the rule chapter are required to clarify and update the rule to reflect current practices and more closely conform to the Uniform Rules.

SUMMARY: The rule chapter is being amended to specify an email address for the Corporation Clerk, to specifically reference the Uniform Rules to avoid any uncertainty as to when documents may be filed, to eliminate the need to submit paper copies of documents along with electronic copies, and to provide a fee for the preparation of a record on appeal.

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 rule is not likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule. The rule is not likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule. In addition, the rule is not likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule.

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: 420.507(12) FS.

LAW IMPLEMENTED: 120.53, 420.507 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:

DATE AND TIME: January 24, 2019, 9:30 a.m.

PLACE: Florida Housing Finance Corporation, 227 North Bronough Street, 6th Floor Seltzer Room, Tallahassee, FL 32301

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chris McGuire, Florida Housing Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, FL 32301, email [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

67-52.002 Corporation Clerk.

(1) The address for the Corporation Clerk is Clerk, Florida Housing Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, Florida 32301.  The email address for the Corporation Clerk is [e-mail].

(2) The Corporation Clerk shall receive all administrative petitions, motions, requests, pleadings and other papers and docket them, maintain the files of such proceedings, and prepare the record of any case that which is appealed to a Florida the First District Court of Appeals.  The cost for preparing, numbering, and indexing the record on appeal is $3.50 per instrument.

(3) The Corporation Clerk shall accept for filing administrative petitions, motions, pleadings, and requests in accordance with the following:

(a) All petitions, motions, requests or pleadings must be filed in original with one copy;

(b) Petitions, motions, requests or other pleadings may be delivered in the original or may be that are sent by facsimile or electronic mail. If filed by facsimile or electronic mail it is not necessary to also deliver an original document.  All filings must be in compliance with Rule 28-106.104, F.A.C., specifically including Rule 28-106.104(3), F.A.C., which states that “any document received by the office of the agency clerk before 5:00 p.m. shall be filed as of that day but any document received after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day.” shall be accepted on the date transmitted. A copy of the original physically signed document shall be delivered within five business days of receipt of the copy sent by facsimile or electronic mail;

(c) All petitions, motions, requests, pleadings and other papers shall be legible, either printed or typed; preferably double-spaced with margins no less than one inch in either Times New Roman 14-point or Courier New 12-point font.

Rulemaking Authority 420.507(12) FS. Law Implemented 120.53(1), 420.507  FS. History–New 11-17-03; Amended________.

 

67-52.003 Final Orders.

The Corporation Clerk will shall maintain all Corporation final orders and subject matter index and such orders pursuant to the requirements of Section 120.53, F.S.

Rulemaking Authority 420.507(12) FS. Law Implemented 120.53(1), 420.507 FS. History–New 11-17-03; Amended_________.

 

67-52.004 Custodian.

The Corporation Clerk will shall be the custodian of all the Corporation’s official records. The Corporation Clerk shall testify as to the authenticity of any Corporate documents maintained pursuant to Part V, Chapter 420, F.S.

Rulemaking Authority 420.507(12) FS. Law Implemented 120.53(1), 420.507 FS. History–New 11-17-03; Amended_______ .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hugh Brown, General Counsel, Florida Housing Finance Corporation, 227 North Bronough Street, Suite 500, Tallahassee, FL 32301, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ray Dubuque, Chairman of the Board, Florida Housing Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, FL 32301, [phone]

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 14, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 13, 2018