34-6.006. Receipt of Requests for Advisory Opinions and Withdrawal of Requests

(1) The staff of the Commission shall review each request for an advisory opinion. If the staff determines that the person making the request is not a person who may receive an advisory opinion as provided in Rule 34-6.002, F.A.C. above, the staff shall promptly notify the person making the request that an advisory opinion cannot be rendered. If the person making the request disagrees with the staff’s notification, he or she may request in writing that the Commission decide whether he or she has standing to receive an opinion, in which case the matter shall be agendaed for action at the next available Commission meeting.

(2) If the person seeking the advisory opinion is entitled to receive an advisory opinion, the staff shall promptly acknowledge receipt of the request. The person requesting the opinion shall also be provided with an authorization to sign and return to the Commission, authorizing the Commission to publish the person’s name and that of an employee or appointee about whom the person is authorized to inquire when the opinion is published. In addition, the authorization shall provide for the signature of the person who initiated the request for the opinion, if different from the person requesting the opinion, authorizing the Commission to publish his or her name. The authorization shall state that unless consent is given, these names will not be published.

(3) If at any time after receipt of a request for an opinion the staff or any Commission member believes that additional relevant information is needed, the person requesting the opinion shall be notified and asked to furnish such additional information.

(4) Working drafts of advisory opinions shall be prepared by staff of the Commission, under the supervision of the Executive Director. The Executive Director shall approve the final working draft, or may have alternative working drafts prepared, as appropriate.

(5) When a working draft of the advisory opinion is completed and approved by the Executive Director, it shall be mailed to all Commission members at least ten (10) days prior to the next regularly scheduled meeting of the Commission. The advisory opinion shall be placed on the agenda of the next meeting for consideration by the Commission.

(6) The person requesting the opinion shall be mailed a copy of the working draft or drafts, together with notification of the time and place of the Commission meeting at which the advisory opinion will be agendaed for action, at least seven (7) days prior thereto. The person requesting the opinion shall be advised that the working draft or drafts are not final, and that any additional comments, legal memoranda, or further information relevant to the opinion should be submitted as promptly as possible, but no later than the day prior to the meeting when the advisory opinion will be considered. The person requesting the opinion shall also be advised that he or she may attend the meeting and be heard by the Commission with respect to the opinion.

(7) The person requesting an advisory opinion may not withdraw his request after copies of the working draft of the opinion have been sent to him and to Commission members except with the consent of the Commission for good cause shown. Any advisory opinion issued by the Commission subsequent to an attempted withdrawal of request shall be binding in accordance with Rule 34-6.008, F.A.C.

Rulemaking Authority 112.322(9) FS. Law Implemented 112.3215(12), 112.322(3), 350.041(4), 350.043 FS. History–New 4-11-76, Amended 4-7-77, 9-21-77, 1-23-78, Formerly 34-6.06, Amended 8-7-94, 7-28-98, 11-24-15.