5577226, 1-2.0031 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 5577226

Notice of Development of Rulemaking

Department:

DEPARTMENT OF STATE

Chapter:

DESCRIPTION OF ORGANIZATION

Overview

RULE:

1-2.0031

Public Records Requests: Special Service Charge

PURPOSE:

This rule is being amended to change the way labor cost is calculated for special service charges for extensive public records requests.
The amended rule will make the calculation based on the actual cost of wages and benefits instead of the pay grade of the personnel providing the service. This change is consistent with a recent opinion from the Second District Court of Appeal which held that the cost of labor used in calculating special service charges for responding to extensive public records requests may include both salary and benefits.
The rule amendment also specifies that the calculation of wages and benefits must be based on the lowest paid personnel who has the necessary skill and training to perform the public records request.

SUBJECT:

Special service charge for public records requests.

RULEMAKING AUTHORITY:

20.10(3), 119.07(4)(d) FS.

LAW:

119.07(4)(d) FS.

PRINT PUBLISH DATE:

5/16/2008 Vol. 34/20

RELATED STATUTES
AND LAWS:

20.10(3), 119.07(4)(d) FS., 119.07(4)(d) FS.

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=1-2.0031&PDate=5/16/2008&Section=1

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.