reglab/statecodes huggingface dataset:
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-40 - PROCEDURES FOR WITHHOLDING WAGES TO REPAY EDUCATIONAL LOANS IN DEFAULT › Section 28-40.007 - Calculation of Involuntary Withholding from Pay

Current through Reg. 50, No. 138; July 16, 2024
(1) The amount
				of pay to be involuntarily withheld shall be determined based on the
				outstanding balance of the educational loan, the employee's pay and the number
				of dependents supported by the employee. Such withholding of pay shall be in a
				percentage as determined by the agency holding the loan in accordance with the
				following table:
Outstanding Balance of Loan
Annual Employee Pay
$0-2, 899
$2, 900-5, 199
$5, 200 +
$0-19, 499
7%
7.5%
8%
$19, 500-31, 800
8%
8.5%
9%
$31, 801 +
9%
9.5%
10%
(2)
				The percentage of pay to be involuntarily withheld as determined from the table
				shall be reduced by five-tenths (.5) percent for each dependent of the employee
				that is supported by the employee; provided, however, that the maximum
				reduction allowed for all employee dependents shall be one (1)
				percent.
(3) The amount of pay to
				be involuntarily withheld per pay period shall be calculated by dividing the
				annual amount of pay to be withheld by twelve (12) for employees on a monthly
				payroll, by twenty-four (24) for employees on a bi-monthly payroll, by
				twenty-six (26) for employees on a bi-weekly payroll and by fifty-two (52) for
				employees on a weekly payroll.
(4)
				Under no circumstances may an amount in excess of ten (10) percent per pay
				period of the pay of an employee be required to be withheld by the agency
				holding the loan as part of the involuntary repayment schedule or plan.
				However, an employee may, by written consent, agree to a repayment schedule
				that provides for withholding of the employee's pay in an amount that otherwise
				exceeds the involuntary wage withholding provisions of this rule chapter,
				including a repayment schedule that exceeds ten (10) percent of the employee's
				pay per pay period.
(5) The amount
				of pay to be involuntarily withheld shall be recalculated by the agency holding
				the loan each year in the employee's birth month, provided that at least twelve
				(12) months have passed since the initial withholding calculation was made.
				Adjustments shall be made to employee's wage withholding based on changes in
				employee's pay or changes in the number of employee's dependents. For purposes
				of this recalculation, the determination of the percentage of employee's pay to
				be withheld shall be made based on the original outstanding balance of the loan
				for which the employee's pay is being involuntarily withheld without regard to
				subsequent employee payments which may have reduced such
				balance.
Rulemaking Authority  112.175(2)  FS. Law Implemented
					  112.175(2)  FS.
New 5-27-90.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-40 - PROCEDURES FOR WITHHOLDING WAGES TO REPAY EDUCATIONAL LOANS IN DEFAULT › Section 28-40.008 - Notices

Current through Reg. 50, No. 138; July 16, 2024
All notices to employees shall be deemed served when mailed
				  by certified mail, return receipt requested. All notices to employers shall be
				  deemed served when mailed by regular U.S. mail.
Rulemaking Authority  112.175(2)  FS. Law Implemented
					  112.175(2)  FS.
New 5-27-90.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-40 - PROCEDURES FOR WITHHOLDING WAGES TO REPAY EDUCATIONAL LOANS IN DEFAULT › Section 28-40.009 - Hearings

Current through Reg. 50, No. 138; July 16, 2024
A hearing shall be provided if the employee, on or before the
				  fifteenth (15th) day following receipt of the notice of default, files a
				  petition challenging the existence or amount of the debt or the default
				  condition with the agency holding the loan. The hearing may be conducted by the
				  head of the agency holding the loan or his designee unless the employee is
				  under the supervision or control of the agency head, or the hearing may be
				  conducted by an administrative law judge from the Division of Administrative
				  Hearings. A final order shall be entered at the earliest practicable date
				  following the hearing, which shall not be more than ninety (90) days after the
				  filing of the petition requesting the hearing. The timely filing of a petition
				  shall stay withholding procedures until a final order is
				  entered.
Rulemaking Authority  112.175(2)  FS. Law Implemented
					  112.175(2)  FS.
New 5-27-90.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-40 - PROCEDURES FOR WITHHOLDING WAGES TO REPAY EDUCATIONAL LOANS IN DEFAULT › Section 28-40.010 - Collection Agencies and Loan Servicing Agencies

Current through Reg. 50, No. 138; July 16, 2024
Nothing in this rule chapter shall be construed to limit or
				  interfere with prior arrangements made by an agency holding educational loans
				  with a collection agent or a loan servicing agent.
Rulemaking Authority  112.175(2)  FS. Law Implemented
					  112.175(2)  FS.
New 5-27-90.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-42 - MUNICIPAL LAW ENFORCEMENT AGENCY BUDGET APPEAL PROCESS › Section 28-42.001 - Scope and Applicability of Chapter (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  14.202,  166.241(4)-(5)  FS. Law
					 Implemented  166.241(4)-(5)  FS.
New 8-8-21, Repealed
					 11-27-23.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-42 - MUNICIPAL LAW ENFORCEMENT AGENCY BUDGET APPEAL PROCESS › Section 28-42.002 - Time Periods (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  14.202,  166.241(4)-(5)  FS. Law
					 Implemented  166.241(4)-(5)  FS.
New 8-8-21, Repealed
					 11-27-23.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-42 - MUNICIPAL LAW ENFORCEMENT AGENCY BUDGET APPEAL PROCESS › Section 28-42.003 - Filing Documents (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  14.202,  166.241(4)-(5)  FS. Law
					 Implemented  166.241(4)-(5)  FS.
New 8-8-21, Repealed
					 11-27-23.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-42 - MUNICIPAL LAW ENFORCEMENT AGENCY BUDGET APPEAL PROCESS › Section 28-42.004 - Initiation of an Appeal (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  14.202,  166.241(4)-(5)  FS. Law
					 Implemented  166.241(4)-(5)  FS.
New 8-8-21, Repealed
					 11-27-23.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-42 - MUNICIPAL LAW ENFORCEMENT AGENCY BUDGET APPEAL PROCESS › Section 28-42.005 - Executive Office of the Governor Procedures Upon Receipt of an Appeal (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  14.202,  166.241(4)-(5)  FS. Law
					 Implemented  166.241(4)-(5)  FS.
New 8-8-21, Repealed
					 11-27-23.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-42 - MUNICIPAL LAW ENFORCEMENT AGENCY BUDGET APPEAL PROCESS › Section 28-42.006 - Withdrawal of Appeals (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  14.202,  166.241(4)-(5)  FS. Law
					 Implemented  166.241(4)-(5)  FS.
New 8-8-21, Repealed
					 11-27-23.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-42 - MUNICIPAL LAW ENFORCEMENT AGENCY BUDGET APPEAL PROCESS › Section 28-42.007 - Budget Analysis (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  14.202,  166.241(4)-(5)  FS. Law
					 Implemented  166.241(4)-(5)  FS.
New 8-8-21, Repealed
					 11-27-23.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-42 - MUNICIPAL LAW ENFORCEMENT AGENCY BUDGET APPEAL PROCESS › Section 28-42.008 - Budget Hearing (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  14.202,  166.241(4)-(5)  FS. Law
					 Implemented  166.241(4)-(5)  FS.
New 8-8-21, Repealed
					 11-27-23.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-42 - MUNICIPAL LAW ENFORCEMENT AGENCY BUDGET APPEAL PROCESS › Section 28-42.009 - Administration Commission Hearing and Final Order (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  14.202,  166.241(4)-(5)  FS. Law
					 Implemented  166.241(4)-(5)  FS.
New 8-8-21, Repealed
					 11-27-23.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-43 - SHERIFF BUDGET PROCEEDINGS › Section 28-43.001 - Scope and Applicability of Chapter

Current through Reg. 50, No. 138; July 16, 2024
The rules in this Chapter 28-43, F.A.C., shall govern the
				  receipt and disposition of all Sheriffs' budget appeals and applications under
				  Section   30.49, F.S.
Rulemaking Authority  14.202,  30.49(4)-(5), (10)  FS. Law
					 Implemented  30.49(4)-(5), (10)  FS.
New 8-8-21.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-43 - SHERIFF BUDGET PROCEEDINGS › Section 28-43.002 - Time Periods

Current through Reg. 50, No. 138; July 16, 2024
In computing any period of time prescribed or allowed by
				  these rules the time period shall be calculated in accordance with Rule
				    28-106.103, F.A.C.
Rulemaking Authority  14.202,  30.49(4)-(5), (10)  FS. Law
					 Implemented  30.49(4)-(5), (10)  FS.
New 8-8-21.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-43 - SHERIFF BUDGET PROCEEDINGS › Section 28-43.003 - Filing Documents

Current through Reg. 50, No. 138; July 16, 2024
All documents, including the initial petition, shall be filed
				  electronically.
Rulemaking Authority  14.202,  30.49(4)-(5), (10)  FS. Law
					 Implemented  30.49(4)-(5), (10)  FS.
New 8-8-21.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-43 - SHERIFF BUDGET PROCEEDINGS › Section 28-43.004 - Initiation of an Appeal

Current through Reg. 50, No. 138; July 16, 2024
(1) Parties.
				The Petitioner shall be the Sheriff. The Respondent shall be the governing body
				of the county, either the board or commission.
(2) Filing the Petition. When the Sheriff
				files an appeal, he or she shall do so by completing Form AC-SBA 001, Petition
				Packet, and filing electronically with the Administration Commission. Form
				AC-SBA 001 is hereby incorporated by reference, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13345
.
				Copies of the form are available by contacting the Clerk of the Administration
				Commission at Office of the Governor, Room 1802, The Capitol, Tallahassee,
				Florida 32399-0001. The effective date of the form is 09/2021. The Sheriff
				shall direct the petition to the Secretary of the Administration Commission
				within the Executive Office of the Governor and shall serve a copy of the
				petition on the board or commission or the clerk of the circuit court located
				within the county.
(3) Filing a
				Response. The board or commission may file a response electronically within
				five working days after service. The response must set forth the budget
				requested by the Sheriff and the budget approved by the County, and must list
				(by functional category and object code) the specific changes the County made
				to the Sheriff's requested budget. The response must also fully address the
				reasons or grounds for the appeal stated by the Sheriff. The board or
				commission should direct the response to the Secretary of the Administration
				Commission within the Executive Office of the Governor.
(4) The Secretary of the Administration
				Commission and his or her staff may request additional budgetary information
				from the current fiscal year and the two previous fiscal years including draft
				budgets, budget amendments, or budget meeting minutes.
Rulemaking Authority  14.202,  30.49(4)-(5)  FS. Law
					 Implemented  30.49(4)-(5)  FS.
New 8-8-21.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-43 - SHERIFF BUDGET PROCEEDINGS › Section 28-43.005 - Executive Office of the Governor Procedures Upon Receipt of an Appeal

Current through Reg. 50, No. 138; July 16, 2024
(1) Receipt. Upon receipt of an appeal, the
				case will be assigned to staff in the Executive Office of the
				Governor.
(2) Transmittal of Appeal
				Petition to Board or Commission. After serving the petition on the board or
				commission, the Sheriff shall submit Form AC-SBA 002, Certificate of Service,
				to the Secretary of the Administration Commission. Form AC-SBA 002 is hereby
				incorporated by reference, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13343
.
				Copies of the form are available by contacting the Clerk of the Administration
				Commission at Office of the Governor, Room 1802, The Capitol, Tallahassee,
				Florida 32399-0001. The effective date of this form is 09/2021.
(3) Upon receipt of a response or when the
				time for filing a response has expired, the Secretary of the Administration
				Commission shall send to the Sheriff and the board or commission an electronic
				acknowledgment of receipt of the appeal and shall provide contact information
				for the assigned staff.
Rulemaking Authority  14.202,  30.49(4)-(5)  FS. Law
					 Implemented  30.49(4)-(5)  FS.
New 8-8-21.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-43 - SHERIFF BUDGET PROCEEDINGS › Section 28-43.006 - Withdrawal of Appeals

Current through Reg. 50, No. 138; July 16, 2024
After an appeal has been filed with the Commission, the
				  Sheriff has the right to withdraw the appeal any time before the hearing with
				  the Administration Commission. Withdrawal shall be requested through an
				  electronic filing signed by the Sheriff. After receiving the request for
				  withdrawal, the Secretary shall enter an order dismissing the
				  appeal.
Rulemaking Authority  14.202,  30.49(4)-(5)  FS. Law
					 Implemented  30.49(4)-(5)  FS.
New 8-8-21.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-43 - SHERIFF BUDGET PROCEEDINGS › Section 28-43.007 - Budget Analysis

Current through Reg. 50, No. 138; July 16, 2024
(1) Scope of
				Analysis. Analyses shall be limited to the issues of the appeal, but shall
				include:
(a) a comparison of the Sheriff's
				budget to other county agencies with particular attention paid to other county
				constitutional officers; and
(b) a
				comparison of the County's law enforcement data and the Sheriff's staffing to
				other county law enforcement data/staffing.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-43 - SHERIFF BUDGET PROCEEDINGS › Section 28-43.008 - Budget Hearing

Current through Reg. 50, No. 138; July 16, 2024
(1) Notice. After receiving all of the
				required information from the parties, the assigned staff shall prepare a
				Memorandum for the Sheriff and the board or commission which includes:
(a) the date and location of the budget
				hearing; and
(b) a summary of the
				individual issues under appeal. Additionally, the staff will notice the hearing
				in the Florida Administrative Register at least seven days prior to the date of
				the hearing.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-43 - SHERIFF BUDGET PROCEEDINGS › Section 28-43.009 - Administration Commission Hearing and Final Order

Current through Reg. 50, No. 138; July 16, 2024
(1) Notice.
				After the budget hearing, the assigned staff shall request a date from the
				Clerk of the Administration Commission for the appeal to be placed on the
				Administration Commission agenda within 30 days of the Commission receiving the
				budget panel hearing report from the Secretary. The staff shall send
				electronically a letter to the Sheriff and the board or commission outlining
				the panel's recommendations, the date, time, and location of the meeting of the
				Administration Commission, and the format for the meeting. The staff shall
				submit to the Clerk of the Administration Commission an agenda item
				summary.
(2) Format. Each party
				shall have an opportunity to present its case and an opportunity for rebuttal.
				There shall also be a time for the Commission to ask questions.
(3) Disposition and Final Order. Before the
				close of the hearing, the Administration Commission shall decide the appeal in
				accordance with Section   30.49(5), F.S. After the hearing, the Secretary of the
				Administration Commission shall prepare a final order which incorporates the
				disposition of the Commission. The Secretary shall send the final order to the
				Clerk of the Administration Commission for final rendering and shall serve a
				copy of the order on the parties.
Rulemaking Authority  14.202,  30.49(4)-(5)  FS. Law
					 Implemented  30.49(4)-(5)  FS.
New 8-8-21.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-43 - SHERIFF BUDGET PROCEEDINGS › Section 28-43.010 - Applications for Appropriations of Additional Amounts

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Filing an Application. When a Sheriff files an application under this rule, he
				or she shall do so by completing Form AC-SBA 004, Application for Appropriation
				of Additional Amounts, and filing electronically with the Administration
				Commission. Form AC-SBA 004 is hereby incorporated by reference, and available
				at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13342
.
				Copies of the form are available by contacting the Clerk of the Administration
				Commission at Office of the Governor, Room 1802, The Capitol, Tallahassee,
				Florida 32399-0001. The effective date of the form is 09/2021. The Sheriff
				shall direct the application to the Secretary of the Administration Commission
				within the Executive Office of the Governor and shall deliver a copy of the
				application to the board or commission and the budget commission, if there is
				one in the county.
(2) Budget
				Hearing. If the Secretary of the Administration Commission requires a budget
				hearing on an application under this Rule, the procedures for budget hearings
				outlined in subsection   28-43.008(1)  -(4), F.A.C., shall apply.
(3) Final Order. After the budget hearing, if
				one is held, the Secretary of the Administration Commission shall prepare a
				report which incorporates the findings and recommendations of the hearing panel
				and send it to the members of the Administration Commission. After the
				Commission reviews the report and makes a final decision on the application,
				the Secretary shall prepare a final order and send it to the Clerk of the
				Administration Commission for final rendering.
Rulemaking Authority  14.202,  30.49(10)  FS. Law Implemented
					  30.49(10)  FS.
New 8-8-21.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-101 - ORGANIZATION › Section 28-101.001 - Statement of Agency Organization and Operation

Current through Reg. 50, No. 138; July 16, 2024
(1) The agency
				head shall maintain a current Statement of Agency Organization and Operation.
				The statement shall describe the organization of the agency and outline the
				general course of the agency's operations. The purpose of the statement is:
(a) To inform the public, in a complete and
				concise manner, of the nature of the agency's business, operations, delegation
				of authority, internal organization and other related matters;
(b) To provide assistance to the public when
				dealing with the agency; and
(c) To
				expedite the processing of agency matters on behalf of the
				public.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-102 - AGENDA AND SCHEDULING OF MEETINGS, HEARINGS, AND WORKSHOPS › Section 28-102.001 - Notice of Public Meeting, Hearing, or Workshop

Current through Reg. 50, No. 138; July 16, 2024
(1) Except
				where otherwise provided, the agency shall give at least seven days notice of
				any public meeting, hearing, or workshop by publication in the Florida
				Administrative Register and on agency's website. Provisions regarding notices
				of hearings in proceedings for determining substantial interests are found in
				Rules   28-106.208 and   28-106.302, F.A.C.
(2) An agency shall utilize the following
				form, or a substantially similar form, in providing notice of any public
				meeting, hearing, or workshop.
NOTICE OF PUBLIC MEETING, HEARING, OR WORKSHOP
The (name of the agency) announces a public meeting, hearing,
				  or workshop to which all persons are invited.
DATE AND TIME:
				  __________________________________________________________________________________
PLACE:
				  ___________________________________________________________________________________________
PURPOSE:
				  _________________________________________________________________________________________
A copy of the agenda may be obtained by writing to (name of
				  the agency) at (address) or by calling (name) at (telephone number).
Pursuant to the provisions of the Americans with Disabilities
				  Act, any person requiring special accommodations to participate in this
				  workshop/hearing/meeting is asked to advise the agency at least 5 days before
				  the workshop/hearing/meeting by contacting (name) at (telephone number). If you
				  are hearing or speech impaired, please contact the agency by calling (telephone
				  number of TDD).
Rulemaking Authority  14.202,  120.54(5)  FS. Law Implemented
					 120.54(5)(b)1. FS.
New 4-1-97, Amended 1-15-07,
					 2-5-13.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-102 - AGENDA AND SCHEDULING OF MEETINGS, HEARINGS, AND WORKSHOPS › Section 28-102.002 - Agenda of Meetings, Hearings, and Workshops

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) The agenda shall state with specificity
				the items that will be considered at a meeting, hearing, or workshop. All
				matters involving the exercise of agency discretion and policy-making shall be
				listed and summarized on the agenda. Matters which are solely ministerial, or
				internal administrative matters that do not affect the interests of the public
				generally, may be included on the agenda.
(b) An agency shall utilize the following
				form, or substantially similar form in preparing its agenda:
NAME OF AGENCY TIME, DATE & PLACE OF MEETING THIS MEETING
				  IS OPEN TO THE PUBLIC
1. Call to
				Order.
2. Review of
				Minutes.
3. Old Business: Specific
				listing of all matters involving agency discretion or policy-making with brief
				summary of each.
4. New Business:
				Specific listing of all matters involving agency discretion or policy-making
				with brief summary of each.
5.
				Other Business: Specific listing of all matters involving agency discretion or
				policy-making with brief summary of each.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-102 - AGENDA AND SCHEDULING OF MEETINGS, HEARINGS, AND WORKSHOPS › Section 28-102.003 - Emergency Meetings

Current through Reg. 50, No. 138; July 16, 2024
(1) An agency
				may hold an emergency meeting notwithstanding the provisions of Rules
				  28-102.001 and   28-102.002, F.A.C., for the purpose of acting upon emergency
				matters posing an immediate danger to the public health, safety or
				welfare.
(2) Whenever an emergency
				meeting must be held, the agency shall give notice of the meeting on its
				website, if it has one, and by any procedure that is fair under the
				circumstances, such as notifying at least one major newspaper of general
				circulation in the area where the meeting will take place, and the agency may
				also notify all major wire services of the time, date, place, and purpose of
				the meeting.
(3) Following an
				emergency meeting, the agency shall publish in the appropriate publication
				prescribed by Section   120.54(3), F.S., and on its website, if it has one,
				notice of the time, date and place of the meeting, a statement setting forth
				the reasons why an emergency meeting was necessary and a statement setting
				forth the action taken at the meeting. This notice is in addition to the notice
				requirements of Section   120.525(3)(c), F.S.
Rulemaking Authority  14.202,  120.54(5)  FS. Law Implemented
					 120.525, 120.54(5)(b)1. FS.
New 4-1-97, Amended 1-15-07,
					 2-5-13.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-103 - RULEMAKING › Section 28-103.001 - Advance Notice of Agency Rulemaking Proceedings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.54(5)  FS. Law Implemented
					  120.54(2)(a), (3)(a)  FS.
New 4-1-97, Repealed
					 12-4-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-103 - RULEMAKING › Section 28-103.002 - Rule Development Workshops (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.54(5)  FS. Law Implemented
					  120.54(2)(c), (5)  FS.
New 4-1-97, Amended 1-15-07, Repealed
					 12-4-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-103 - RULEMAKING › Section 28-103.003 - Negotiated Rulemaking (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.54(5)  FS. Law Implemented
					  120.54(2)(d)  FS.
New 4-1-97, Repealed
					 12-4-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-103 - RULEMAKING › Section 28-103.004 - Public Hearing (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.54(5)  FS. Law Implemented  120.525,
					  120.54(3)(c)  FS.
New 4-1-97, Repealed
					 12-4-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-103 - RULEMAKING › Section 28-103.005 - Evidentiary Proceeding During Rulemaking (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.54(5)  FS. Law Implemented
					 120.54(3)(c)2. FS.
New 4-1-97, Amended 3-18-98, Repealed
					 12-4-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-103 - RULEMAKING › Section 28-103.006 - Petitions to Initiate Rulemaking (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.54(5)  FS. Law Implemented
					  120.54(7)  FS.
New 4-1-97, Repealed
					 12-4-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-104 - VARIANCE OR WAIVER › Section 28-104.001 - Purpose; Construction

Current through Reg. 50, No. 138; July 16, 2024
This chapter implements Section   120.542, F.S., by
				  establishing the procedures for granting or denying petitions for variances and
				  waivers of agency rules, and, should be read in conjunction with the provisions
				  of Sections   120.52(18),   120.52(19)   and   120.542, F.S.
Rulemaking Authority  14.202,  120.542 FS. Law Implemented
					 120.542(5)(b)8. FS.
New 4-1-97, Amended
					 1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-104 - VARIANCE OR WAIVER › Section 28-104.002 - Petition for Variance or Waiver

Current through Reg. 50, No. 138; July 16, 2024
(1) A petition
				for a variance from or waiver of an agency rule shall be filed with the clerk
				of the agency that adopted the rule, with a copy to the Joint Administrative
				Procedures Committee, Room 680, Pepper Building, 111 W. Madison Street,
				Tallahassee, Florida 32399-1400.
(2) The petition must include the following
				information:
(a) The caption shall read:
Petition for (Variance from) or (Waiver of) Rule
				  (Citation)
(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) The applicable rule or portion of the
				rule;
(e) The citation to the
				statute the rule is implementing;
(f) The type of action requested;
(g) The specific facts that demonstrate a
				substantial hardship or a violation of principles of fairness that would
				justify a waiver or variance for the petitioner;
(h) The reason why the variance or the waiver
				requested would serve the purposes of the underlying statute; and
(i) A statement whether the variance or
				waiver is permanent or temporary. If the variance or waiver is temporary, the
				petition shall include the dates indicating the duration of the requested
				variance or waiver.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-104 - VARIANCE OR WAIVER › Section 28-104.003 - Comments on Petition

Current through Reg. 50, No. 138; July 16, 2024
(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) The agency shall maintain the comments as
				part of the record.
(3) The right
				to comment pursuant to this section does not alone confer party status in any
				proceeding arising from a petition for variance or waiver.
Rulemaking Authority 14.202, 120.54(5)(b)8. FS. Law
					 Implemented 120.54(5)(b)8. FS.
New 4-1-97, Amended
					 2-5-13.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-104 - VARIANCE OR WAIVER › Section 28-104.004 - Petition for Emergency Variance or Waiver

Current through Reg. 50, No. 138; July 16, 2024
(1) A person
				requesting an emergency variance from or waiver of an agency rule shall so
				state in the caption to the petition.
(2) In addition to the other requirements of
				Section   120.542(5), F.S., and this chapter, the petition shall specify:
(a) The specific facts that make the
				situation an emergency; and
(b) The
				specific facts to show that the petitioner will suffer an immediate adverse
				effect unless the variance or waiver is issued more expeditiously than the time
				frames provided in Section   120.542, F.S.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-104 - VARIANCE OR WAIVER › Section 28-104.005 - Time for Consideration of Emergency Petition

Current through Reg. 50, No. 138; July 16, 2024
(1) 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 Register. 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) The duration of an emergency variance or
				waiver shall be determined by the agency.
(5) The agency shall issue a written order
				granting or denying the petition. The order shall state the facts and reasons
				supporting the agency's action.
Rulemaking Authority 14.202, 120.54(5)(b)8. FS. Law
					 Implemented 120.54(5)(b)8. FS.
New 4-1-97, Amended 1-15-07, 12-24-07,
					 2-5-13.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-104 - VARIANCE OR WAIVER › Section 28-104.0051 - Revocation of Emergency or Temporary Variance or Waiver

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Upon receipt of evidence sufficient to show that the recipient of an order
				granting an emergency or temporary variance or waiver is not in compliance with
				the requirements of that order, the agency shall issue an order to show cause
				why the emergency variance or waiver should not be revoked.
(2) The recipient of an emergency or
				temporary variance or waiver shall respond to the order to show cause why the
				emergency variance or waiver should not be revoked within 15 days of the
				mailing date of the order to show cause. Failure to timely respond shall result
				in a final order revoking the emergency or temporary variance or
				waiver.
Rulemaking Authority 14.202, 120.54(5)(b)8. FS. Law
					 Implemented 120.54(5)(b)8. FS.
New 3-18-98.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-104 - VARIANCE OR WAIVER › Section 28-104.006 - Request for Information

Current through Reg. 50, No. 138; July 16, 2024
(1) When a
				person inquires of the agency about the possibility of relief from any rule
				requirements or the remedies available pursuant to Section   120.542, F.S., the
				agency shall provide the information required by Section   120.542(4), F.S.,
				within 15 days of the inquiry.
(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 Authority 14.202, 120.54(5)(b)8. FS. Law
					 Implemented  120.542(4)  FS.
New 4-1-97, Amended
					 2-5-13.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-105 - DECLARATORY STATEMENTS › Section 28-105.001 - Purpose and Use of Declaratory Statement

Current through Reg. 50, No. 138; July 16, 2024
A declaratory statement is a means for resolving a
				  controversy or answering questions or doubts concerning the applicability of
				  statutory provisions, rules, or orders over which the agency has authority. A
				  petition for declaratory statement may be used to resolve questions or doubts
				  as to how the statutes, rules, or orders may apply to the petitioner's
				  particular circumstances. A declaratory statement is not the appropriate means
				  for determining the conduct of another person.
Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law
					 Implemented 120.54(5)(b)6. FS.
New 4-1-97, Amended
					 1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-105 - DECLARATORY STATEMENTS › Section 28-105.002 - The Petition

Current through Reg. 50, No. 138; July 16, 2024
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) The caption shall read: Petition for
				Declaratory Statement Before (Name of Agency).
(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) The statutory provision(s), agency
				rule(s), or agency order(s) on which the declaratory statement is
				sought.
(5) A description of how
				the statutes, rules, or orders may substantially affect the petitioner in the
				petitioner's particular set of circumstances.
(6) The signature of the petitioner or of the
				petitioner's attorney or qualified representive.
(7) The date.
Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law
					 Implemented  120.565 FS.
New 4-1-97, Amended 3-18-98, 1-15-07,
					 2-5-13.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-105 - DECLARATORY STATEMENTS › Section 28-105.0024 - Notice of Filing

Current through Reg. 50, No. 138; July 16, 2024
The agency shall file a notice of the Petition for
				  Declaratory Statement in the next available Florida Administrative Register
				  including the following information:
(1) The name of the agency with which the
				Petition for Declaratory Statement is filed.
(2) The name of the Petitioner.
(3) The date the Petition for Declaratory
				Statement was received.
(4) The
				statutory provision(s), rule(s) or order(s) on which the declaratory statement
				is sought.
(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.
New 1-15-07, Amended
					 2-5-13.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-105 - DECLARATORY STATEMENTS › Section 28-105.0027 - Intervention

Current through Reg. 50, No. 138; July 16, 2024
(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 rule. Except for good cause shown, motions 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 Register. The presiding officer
				may impose terms and conditions on the intervener to limit prejudice to other
				parties.
(2) The motion to
				intervene shall contain the following information:
(a) The name, address, the e-mail address,
				and facsimile number, if any, of the intervener; if the intervener is not
				represented by an attorney or qualified representative; and
(b) The name, address, e-mail address,
				telephone number, and any facsimile number of the intervener's attorney or
				qualified representative, if any; and
(c) Allegations sufficient to demonstrate
				that the intervener 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 intervener are subject to determination or will be
				affected by the declaratory statement; and
(d) The signature of the intervener or
				intervener's attorney or qualified representative; and
(e) The date.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-105 - DECLARATORY STATEMENTS › Section 28-105.003 - Agency Disposition

Current through Reg. 50, No. 138; July 16, 2024
The agency may hold a hearing to consider a petition for
				  declaratory statement. If the agency is headed by a collegial body, it shall
				  take action on a petition for declaratory statement only at a duly noticed
				  public meeting. The agency may rely on the statements of fact set out in the
				  petition without taking any position with regard to the validity of the facts.
				  Within 90 days of the filing of the petition, the agency shall render a final
				  order denying the petition or issuing a declaratory
				  statement.
Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law
					 Implemented 120.54(5)(b)6.FS.
New 4-1-97, Amended
					 1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-105 - DECLARATORY STATEMENTS › Section 28-105.004 - Notice of Disposition

Current through Reg. 50, No. 138; July 16, 2024
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 Register including the following information:
(1) The name of the agency.
(2) A summary statement of the agency's
				decision.
(3) The agency, contact
				person, address, and e-mail address where a copy of the petition and final
				order may be obtained.
(4) The date
				the final order is filed.
Rulemaking Authority 14.202, 120.54(5)(b)6. FS. Law
					 Implemented 120.54(5)(b)6. FS.
New 1-15-07, Amended
					 2-5-13.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part I - GENERAL PROVISIONS › Section 28-106.101 - Scope of this Chapter

Current through Reg. 50, No. 138; July 16, 2024
This chapter shall apply in all proceedings in which the
					 substantial interests of a party are determined by the agency and shall be
					 construed to secure the just, speedy, and inexpensive determination of every
					 proceeding. This chapter applies to all proceedings under Chapter 120 except as
					 follows:
(1) Where the agency has
				  adopted rules covering the subject matter pursuant to Section 120.54(5)(a)2.,
				  F.S.;
(2) Agency investigations or
				  determinations of probable cause preliminary to agency action; and
(3) Mediation conducted pursuant to Section
				    120.573, F.S. The notice provisions in Rule   28-106.111 and Part IV, F.A.C., of
				  this subchapter apply to such mediation.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part I - GENERAL PROVISIONS › Section 28-106.102 - Presiding Officer

Current through Reg. 50, No. 138; July 16, 2024
"Presiding officer" means an agency head, or member
					 thereof, who conducts a hearing or proceeding on behalf of the agency, an
					 administrative law judge assigned by the Division of Administrative Hearings,
					 or any other person authorized by law to conduct administrative hearings or
					 proceedings who is qualified to resolve the legal issues and procedural
					 questions which may arise.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part I - GENERAL PROVISIONS › Section 28-106.103 - Computation of Time

Current through Reg. 50, No. 138; July 16, 2024
In computing any period of time allowed by this chapter, by
					 order of a presiding officer, or by any applicable statute, the day of the act
					 from which the period of time begins to run shall not be included. The last day
					 of the period shall be included unless it is a Saturday, Sunday, or legal
					 holiday, in which event the period shall run until the end of the next day
					 which is not a Saturday, Sunday, or legal holiday. When the period of time
					 allowed is less than 7 days, intermediate Saturdays, Sundays, and legal
					 holidays shall be excluded in the computation. As used in these rules, legal
					 holiday means those days designated in Section   110.117, F.S. Except as provided
					 in Rule   28-106.217, F.A.C., five days shall be added to the time limits when
					 service has been made by regular U.S. mail. One business day shall be added
					 when service is made by overnight courier. No additional time shall be added if
					 service is made by hand, facsimile transmission, or electronic mail or when the
					 period of time begins pursuant to a type of notice described in Rule
					   28-106.111, F.A.C.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97, Amended
						1-15-07.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part I - GENERAL PROVISIONS › Section 28-106.104 - Filing

Current through Reg. 50, No. 138; July 16, 2024
(1) In construing these rules or any order of
				  a presiding officer, filing shall mean received by the office of the agency
				  clerk during normal business hours or by the presiding officer during the
				  course of a hearing.
(2) All
				  pleadings filed with the agency shall contain the following:
(a) The style of the proceeding
				  involved;
(b) The docket, case or
				  file number, if any;
(c) The name
				  of the party on whose behalf the pleading is filed;
(d) The name, address, any e-mail address,
				  and telephone number of the person filing the pleading;
(e) The signature of the person filing the
				  pleading; and
(f) A certificate of
				  service that copies have been furnished to all other parties as required by
				  subsection (4) of this rule.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-106 - DECISIONS DETERMINING SUBSTANTIAL INTERESTS › Part I - GENERAL PROVISIONS › Section 28-106.105 - Appearances

Current through Reg. 50, No. 138; July 16, 2024
(1) Counsel or qualified representatives who
				  file a request for a hearing involving disputed issues of material fact with
				  the agency have entered an appearance in the proceeding and shall be deemed
				  counsel or qualified representative of record. All others who seek to appear
				  shall file a notice of appearance as soon as possible.
(2) Service on counsel of record or on a
				  qualified representative shall be the equivalent of service on the party
				  represented.
(3) On written motion
				  served on the party represented and all other parties of record, the presiding
				  officer shall grant counsel of record and qualified representatives leave to
				  withdraw for good cause shown. The motion shall contain the address, any e-mail
				  address, and telephone number of the party represented.
(4) A qualified representative who has filed
				  an initial pleading or notice of appearance for a party shall be deemed the
				  qualified representative of record until the presiding officer makes the
				  determination required by Rule   28-106.106, F.A.C.
Rulemaking Authority  14.202,  120.54(5)  FS. Law
						Implemented  120.54(5)  FS.
New 4-1-97, Amended
						2-5-13.