Notice is hereby given that the following correction has been made to the proposed rule in Vol. 37 No. 46, November 18, 2011 issue of the Florida Administrative Weekly.

To comply with the requirements of Chapter 2011-225, Laws of Florida, the Summary of Statement of Estimated Regulatory Costs is amended to include a description of information expressly relied upon in determining that the rule is not expected to require legislative ratification. The following is added to the end of the SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: If adopted, the proposed rule repeal is not expected to require legislative rule ratification under Section 120.541(3), Florida Statutes (or any other statute) before becoming effective for the following reasons: 1) no requirement for the Statement of Economic Regulatory Costs (SERC) was triggered under Section 120.541(1), Florida Statutes, and 2) based on past experiences with rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), Florida Statutes. Based on the fact that the Department neither relies on nor uses Rule Chapter 69E-3, F.A.C., because the Department implemented Administrative Policies and Procedures 1-14, Smoking Policy, which complies with Rule Chapter 64I-4, F.A.C., authorizing agencies to implement smoking policies, there will also be no increase in regulatory costs in excess of the threshold requiring legislative ratification.