23069139, 5PER20-2 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 23069139

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Food, Nutrition and Wellness

Overview

RULE:

5PER20-2

Appeals.

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

Due to the risk posed by the COVID-19 outbreak to the entire state of Florida, the resulting severe public health emergency declared by the Governor of the State of Florida, and the recommendations of the United States Centers for Disease Control and the Florida Department of Health to implement social distancing measures for approximately 30 days, the Department has determined there is an immediate danger to the public health, safety, and welfare of individuals seeking to exercise their right to due process within the deadlines provided under Rule 5P-1.002, F.A.C. This emergency rule will allow Appellants additional time to respond to agency action and participate in hearings while adhering to recommended social distancing measures, thus protecting the public welfare.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The deadlines provided in the emergency rule allow Appellants to adhere to social distancing recommendations by giving them more time to coordinate their response to agency action and allowing additional time to conduct hearings at a later date either by video conference or in person when social distancing recommendations are lifted.

SUMMARY:

This emergency rule extends the deadlines for Appellants participating in the National School Lunch Program to allow 15 calendar days to respond to agency action, 30 days from receipt of a notice of action to provide documentation for review by the hearing official, and 45 days from receipt of a notice of action to conduct the hearing. The department is also afforded 30 days to provide documentation for review by the hearing official. The deadlines for the Summer Food Service Program are not extended because the Summer Food Service Program is not currently operating or under review by the department.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Darby Shaw, Senior Attorney, 407 South Calhoun St., Tallahassee, FL 32399, (850)245-1000.

PRINT PUBLISH DATE:

3/23/2020 Vol. 46/57

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=5PER20-2&PDate=3/23/2020&Section=4

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.