The purpose and effect of the propsed rule is to clarify Form DC1-201, Invoice for Production of Records, to indicate the circumstances under which the Department will charge an “extensive use” fee and to add an exemption for personal identifying ...

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 propsed rule is to clarify Form DC1-201, Invoice for Production of Records, to indicate the circumstances under which the Department will charge an “extensive use” fee and to add an exemption for personal identifying information of dependents of Department employees if those dependents are insured by an agency group insurance plan.
SUMMARY: The proposed rule clarifies Form DC1-201, Invoice for Production of Records, to indicate the circumstances under which the Department will charge an “extensive use” fee to locate, review, copy, and file public records. The rule is also amended to add an exemption, in accordance with House Bill 135 (effective June 1, 2009), for personal identifying information of dependents of Department employees if those dependents are insured by an agency group insurance plan.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. 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.
SPECIFIC 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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kendra Lee Jowers, 2601 Blair Stone Road, 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, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of Form DC1-201 is ________ 12-25-08.

Rulemaking Specific 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, ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Kathleen Von Hoene, General Counsel
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Walter A. McNeil, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 27, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 15, 2009