Notice of Proposed Rule

DEPARTMENT OF CORRECTIONS
RULE NO.: RULE TITLE:
33-203.601: Employee Benefit Trust Fund
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify the composition and authority of the regional employee benefit trust fund (EBTF) teams over EBTF functions and operations; to specify the manner in which institutions will request funds; and to consolidate Forms DC2-354 and DC2-356 into one form.
SUMMARY: The rule changes the composition of the central office EBTF team to include five members appointed by the Secretary and at least one field representative. Disbursements from the EBTF will be authorized by the regional rather than central office team. Requests for funds by institutions and review by the appropriate authority will utilize Form DC2-356.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency 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 Agency 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: Information provided by the Bureau of Finance and Accounting indicates that the changes are internal and organizational. Therefore the changes will have no effect on small business, would not require any additional training or would not have any other regulatory cost.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 945.215, 945.21501 FS.
LAW IMPLEMENTED: 945.215, 945.21501 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Laura Gallagher, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-203.601 Employee Benefit Trust Fund.

(1) No change.

(2) The employee benefit trust fund shall be established in the Bureau of Finance and Accounting. Oversight and administration of the fund shall be the responsibility of the employee benefit trust fund team. The primary function of the central office team will be to standardize the operation of the employee benefit trust fund. The team shall be comprised of five members appointed by the Secretary to include at least one field representative Made up of the following staff members:

(a) Secretary or designee;

(b) Assistant Secretary of Institutions or designee;

(c) Chief of Staff or designee;

(d) Deputy Assistant Secretary of Institutions or designee;

(e) Director of Administration or designee; and

(f) Chief, Bureau of Finance and Accounting or designee.

(3) through (6) No change.

(7) Disbursements from the fund will be authorized Local bank accounts shall be established at each institution for the purchase of items for resale or operating supplies as approved by the regional central office employee benefit trust fund team and expenditures that are in accordance with authorized uses of the fund. Local bank accounts shall be established at each institution for the purchase of items for resale or operating supplies approved by the regional employee benefit trust fund team.

(8) No change.

(9) Institutions requesting to withdraw money from the fund for purchases not assigned to their level of approval shall submit a request to the central office team describing the need for the funds and cost estimate for the project. The request will be submitted utilizing Form DC2-356, EBTF DC2-354, Employee Benefit Trust Fund Expenditure Check Request. Form DC2-356 DC2-354 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Bureau of Policy Development, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is _________April 13, 2008.

(10) The appropriate authority central office team shall review each request to ensure that the purpose of the expenditure is in accordance with authorized uses of the fund and to ensure that the institution has sufficient funds earmarked for the amount of the withdrawal. If the request DC2-354 is approved, vendor payments may be requested by e-mail using the bottom portion of Form DC2-356 EBTF Expenditure Check Request. Form DC2-356 is herby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Bureau of Policy Development, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is April 13, 2008.

(11) A service charge equal to 7% of canteen revenues will be used to offset administrative costs of the employee benefit trust fund.

Rulemaking Specific Authority 945.215, 945.21501 FS. Law Implemented 945.215, 945.21501 FS. History–New 4-13-08,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Deariso, Bureau of Finance and Accounting
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 10, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 2, 2011