7649631, 12-3.007 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7649631

Notice of Development of Rulemaking

Department:

DEPARTMENT OF REVENUE

Chapter:

GENERAL; PROCEDURE

Overview

RULE:

12-3.007

Delegation of Authority

PURPOSE:

Section 120.54(1)(k), F.S., as amended by section 5, Chapter 2008-104, L.O.F., requires the Governor and Cabinet, as head of the Department of Revenue, to approve the publication of a notice of intended rulemaking. Prior to this law change, the Governor and Cabinet, under specific conditions, delegated this function to the Executive Director of the Department under Rule 12-3.007, F.A.C. (Delegation of Authority).
The purpose of the proposed amendments to Rule 12-3.007, F.A.C., is to: (1) remove obsolete language that does not reflect the requirement provided in Section 120.54(1)(k), F.S.; (2) provide that the Department will publish a notice of rulemaking to conduct public hearings after obtaining approval by the Governor and Cabinet; and (3) provide that the Department will file and certify proposed rule changes only after they have been approved by the Governor and Cabinet, as provided in Section 120.54(3)(e)1., F.S.

SUBJECT:

The subject area to be addressed is the provisions of section 5, Chapter 2008-104, L.O.F., which require the Governor and Cabinet to approve a notice of intended rulemaking to conduct rule hearings prior to publication of the public notice by the Department.

RULEMAKING AUTHORITY:

213.06(1) FS.

LAW:

20.05, 20.21, 120.54 FS.

PRINT PUBLISH DATE:

9/25/2009 Vol. 35/38

RELATED STATUTES
AND LAWS:

213.06(1) FS., 20.05, 20.21, 120.54 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=12-3.007&PDate=9/25/2009&Section=1

REFERENCE MATERIALS:

No reference(s).

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