The purpose and effect of the proposed rule amendment is to amend rule language to conform to present technology with respect to providing e-mail addresses; add uniformity to proceedings by requiring that intervention be by motion rather than ...

Notice of Development of Rulemaking

 

ADMINISTRATION COMMISSION

RULE NO.: RULE TITLE:
28-105.002: The Petition
28-105.0024: Notice of Filing
28-105.0027: Intervention
28-105.004: Notice of Disposition

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to amend rule language to conform to present technology with respect to providing e-mail addresses; add uniformity to proceedings by requiring that intervention be by motion rather than petition, which provides the procedural framework attendant to motions; and to reduce the allegations required for intervention from those required for petition which initiates the proceeding.

SUBJECT AREA TO BE ADDRESSED: Declaratory Statements.

RULEMAKING AUTHORITY: 14.202, 120.54(5)(b)6, 120.542(5) FS.

LAW IMPLEMENTED: 120.54(5)(b)6., 120.565 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 Leighty, Office of the Governor, Room 1801, The Capitol, Tallahassee, Florida, [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

28-105.002 The Petition.

A petition seeking a declaratory statement shall be filed with the clerk of the agency that has the authority to interpret the statute, rule, or order at issue and shall provide the following information:

(1) No change.

(2) The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner.

(3) The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner’s attorney or qualified representative (if any).

(4) through (7) No change.

Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law Implemented 120.565 FS. History–New 4-1-97, Amended 3-18-98, 1-15-07,__________.

 

28-105.0024 Notice of Filing.

The agency shall file a notice of the Petition for Declaratory Statement in the next available Florida Administrative Weekly including the following information:

(1) The name of the agency with which whom the Petition for Declaratory Statement is filed.

(2) through (4) No change.

(5) The contact name, address, e-mail address, and phone number where a copy of the petition may be obtained.

(6) The applicable time limit for filing motions to intervene or petitions for administrative hearing by persons whose substantial interests may be affected.

Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law Implemented 120.54(5)(b)6. FS. History–New 1-15-07, Amended__________.

 

28-105.0027 Intervention.

(1) Persons other than the original parties to a pending proceeding whose substantial interests will be affected by the disposition of the declaratory statement and who desire to become parties may move the presiding officer for leave to intervene. The presiding officer shall allow for intervention of persons meeting the requirements for intervention of this rRule 28-106.205, F.A.C. Except for good cause shown, motions Petitions for leave to intervene must be filed within 21 days after publication of (or such later time as is specified in) the notice in the Florida Administrative Weekly at least 10 days before the final hearing. The presiding officer may impose terms and conditions on the intervenor to limit prejudice to other parties.

(2) The motion to intervene shall contain the following information:

(a) The name and address of the intervenor and, if the intervenor is not represented, the e-mail address and facsimile number, if any; and

(b) The name, address, e-mail address, telephone number, and any facsimile number of the intervenor’s attorney or qualified representative; and

(c) Allegations sufficient to demonstrate that the intervenor is entitled to participate in the proceeding as a matter of constitutional or statutory right or pursuant to agency rule, or that the substantial interests of the intervenor are subject to determination or will be affected by the declaratory statement; and

(d) The signature of the intervenor or intervenor’s attorney or qualified representative; and

(e) The date.

(3) Any party may, within seven days of service of the motion, file a response in opposition.

Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law Implemented 120.54(5)(b)6. FS. History–New 1-15-07, Amended__________.

 

28-105.004 Notice of Disposition.

The agency shall file a Notice of Disposition for the Declaratory Statement or denial of the petition in the next available issue of the Florida Administrative Weekly including the following information:

(1) through (2) No change.

(3) The agency, contact person, and address, and e-mail address where a copy of the petition and final order may be obtained.

(4) No change.

Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law Implemented 120.54(5)(b)6. FS. History–New 1-15-07, Amended__________.