Notice is hereby given that the following correction has been made to the proposed rule in Vol. 37 No. 43, October 28, 2011 issue of the Florida Administrative Weekly.

The Notice of Proposed Rule, as advertised on October 28, 2011, did not fully address information that should have been included under the Summary of Statement of Estimated Regulatory Costs and Legislative Ratification.

The following language is inserted under the SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Department has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Department has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rule adopts a process for payment processing which has not been used for eight years. The process now used is embodied in CFO memo 2 (2010-2011). Under Section 120.52(16)(c)2., F.S. memoranda or instructions to state agencies issued by the CFO relating to claims for payments submitted by state agencies fall outside the definition of “rule” and are therefore exempt from the requirements of Section 120.54, F.S. The rule to be repealed is unused and unnecessary. Given that the rule is not in use, its repeal will have no effect, economic or otherwise. The repeal therefore will not have an adverse impact on small business or likely increase directly or indirectly the regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. Hence the requirement for Legislative ratification has not been triggered.