The purpose and effect of the proposed rule amendments are to amend rule language to conform to present technology with respect to providing e-mail addresses and clarify rule provisions.

 

ADMINISTRATION COMMISSION

RULE NO.: RULE TITLE:
28-104.002: Petition for Variance or Waiver
28-104.003: Comments on Petition
28-104.005: Time for Consideration of Emergency Petition
28-104.006: Request for Information

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments are to amend rule language to conform to present technology with respect to providing e-mail addresses and clarify rule provisions.

SUBJECT AREA TO BE ADDRESSED: Variance or Waiver.

RULEMAKING AUTHORITY: 14.202, 120.54(5)(b)8., 120.542(5) FS.

LAW IMPLEMENTED: 120.542(4), 120.542(5)(b)8. FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Barbara Weighty, Office of the Governor, Room 1801, The Capitol, Tallahassee, Florida, [phone]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

28-104.002 Petition for Variance or Waiver.

(1) No change.

(2) The petition must include the following information:

(a) No change.

(b) The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner, if the party is not represented by an attorney or a qualified representative;

(c) The name, address, e-mail address, telephone number, and any facsimile number of the attorney or qualified representative of the petitioner, (if any);

(d) through (i) No change.

(3) through (4) No change.

Rulemaking Specific Authority 14.202, 120.542(5) FS. Law Implemented 120.542(5)(b)8. FS. History–New 4-1-97, Amended 3-18-98,_________.

 

28-104.003 Comments on Petition.

(1) Any interested person or other agency may submit written comments on the petition for a variance or waiver within 14 days after the notice required by Section 120.542(6), F.S. The agency shall state in any order disposing of the petition whether comments were received by the agency.

(2) through (3) No change.

Rulemaking Specific Authority 14.202, 120.54(5)(b)8. FS. Law Implemented 120.54(5)(b)8. FS. History–New 4-1-97, Amended _________.

 

28-104.005 Time for Consideration of Emergency Petition.

(1) The agency shall grant or deny a petition for emergency variance or waiver within 30 days of its receipt by the agency. If such petition is not granted or denied within this time limit, the petition shall be deemed approved unless the time limit is waived by the petitioner.

(1)(2) Within 5 days after filing a petition for emergency variance or waiver with the agency clerk, the agency shall give notice of receipt of the petition on its website, if it has one. The agency shall also give notice by any procedure that is fair under the circumstances or provide notice of the petition to the Department of State for publication in the first available issue of the Florida Administrative Weekly. Any notice under this subsection shall inform interested persons of the right to submit comments. Interested persons or other agencies may submit written comments on the petition for emergency variance or waiver within 5 days after publication of the notice required herein. The notice and comment requirements in this subsection shall not apply if the agency head finds that an immediate danger to the public health, safety, or welfare requires an immediate final order, which final order shall recite with particularity the facts underlying such finding.

(2) The agency shall grant or deny a petition for emergency variance or waiver or determine that the request is not an emergency within 30 days of its receipt by the agency. If such petition is not granted or denied within this time limit, the petition shall be deemed approved unless the time limit is waived by the petitioner.

(3) If the agency decides that the situation is not an emergency, the agency shall so notify the petitioner in writing, and the petition shall then be reviewed by the agency on a non-emergency basis as set forth in Section 120.542(7), F.S.

(4) through (5) No change.

Rulemaking Authority 14.202, 120.54(5)(b)8. FS. Law Implemented 120.54(5)(b)8. FS. History–New 4-1-97, Amended 1-15-07, 12-24-07,__________.

 

28-104.006 Request for Information.

(1) No change.

(2) In its response to a request for information, the agency shall indicate the name, address, and e-mail address of the appropriate contact person for additional information and shall indicate how a petition for variance or waiver is filed with the agency.

Rulemaking Specific Authority 14.202, 120.54(5)(b)8. FS. Law Implemented 120.542(4) FS. History–New 4-1-97, Amended__________.