28-105: DECLARATORY STATEMENTS
28-105.001: Purpose and Use of Declaratory Statement
28-105.002: The Petition
28-105.0024: Notice of Filing
28-105.0027: Intervention
28-105.003: Agency Disposition
28-105.004: Notice of Disposition
PURPOSE AND EFFECT: The purpose of proposed rule amendment to Rule 28-105.001, F.A.C., is to clarify the use of the declaratory statement. Rule 28-105.002, F.A.C., is being amended to clarify language. The Commission is proposing a new Rule 28-105.0024, F.A.C., o comport with statutory change. The rule delineates the requirements for filing a notice of the Petition for Declaratory Statement. Rule 28-105.0027 is also a proposed new rule, which is added to comport with statutory change; it addresses interventions in proceedings under Chapter 28-105, F.A.C.,. Rule 28-105.003, F.A.C., is being amended to clarify language and comport with statutory authority. Proposed new Rule 28-105.004, F.A.C., is added to comport with statutory change, and it requires the agency to file a notice of disposition.
SUMMARY: The purpose of proposed rule amendment to Rule 28-105.001, F.A.C., is to clarify the use of the declaratory statement. Rule 28-105.002, F.A.C., is being amended to clarify language. The Commission is proposing a new rule, 28-105.0024, F.A.C., to comport with statutory change. The rule delineates the requirements for filing a notice of the Petition for Declaratory Statement. Rule 28-105.0027, F.A.C., is also a proposed new rule, which is added to comport with statutory change; it addresses interventions in proceedings under Chapter 28-105, F.A.C. Rule 28-105.003, F.A.C., is being amended to clarify language and comport with statutory authority. Proposed new Rule 28-105.004, F.A.C., is added to comport with statutory change, and it requires the agency to file a notice of disposition.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 120.54(5) FS.
LAW IMPLEMENTED: 120.565 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: Friday, December 15, 2006, 9:00 a.m.
PLACE: Room 2103, The Capitol, Tallahassee, Florida 32399-0001
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Leighty, Senior Policy Analyst, telephone (850)487-1884, or Gladys Perez, General Counsel, Administration Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, telephone (850)488-3494
THE FULL TEXT OF THE PROPOSED RULE IS:
DECLARATORY STATEMENTS
28-105.001 Purpose and Use of Declaratory Statement.
A declaratory statement is a means for resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the agency has authority. A petition for declaratory statement may be used only to resolve questions or doubts as to how the statutes, rules, or orders may apply to the petitioner's particular circumstances. A declaratory statement is not the appropriate means for determining the conduct of another person or for obtaining a policy statement of general applicability from an agency. A petition for declaratory statement must describe the potential impact of statutes, rules, or orders upon the petitioner's interests.
Specific Authority 120.54(5) FS. Law Implemented 120.565 FS. History–New 4-1-97, Amended__________.
28-105.002 The Petition.
A petition seeking a declaratory statement shall be filed with the clerk of the agency that has the authority to interpret the statute, rule, or order at issue and shall provide the following information:
(1) No change.
(2) No change.
(3) The name, address, telephone number, and any facsimile number of the petitioner’s attorney or qualified representative (if any) of the petitioner.
(4) through (7) No change.
Specific Authority 120.54(5) FS. Law Implemented 120.565 FS. History–New 4-1-97, Amended 3-18-98, __________.
28-105.0024 Notice of Filing.
The agency shall file a notice of the Petition for Declaratory Statement in the next available
(1) The name of the agency with whom the Petition for Declaratory Statement is filed.
(2) The name of the Petitioner.
(3) The date the Petition for Declaratory Statement was received.
(4) The statutory provision(s), rule(s) or order(s) on which the declaratory statement is sought.
(5) The contact name, address, and phone number where a copy of the petition may be obtained.
Specific Authority 120.54(5) FS. Law Implemented 120.565 FS. History–New ________.
28-105.0027 Intervention.
The presiding officer shall allow for intervention of persons meeting the requirements for intervention of Rule 28-106.205, F.A.C. Petitions for leave to intervene must be filed at least 10 days before the final hearing. The presiding officer may impose terms and conditions on the intervenor to limit prejudice to other parties.
Specific Authority 120.54(5) FS. Law Implemented 120.565 FS. History–New _________.
28-105.003 Agency Disposition.
The agency may hold a hearing to consider a petition for declaratory statement. If the agency is headed by a collegial body, it shall take action on a petition for declaratory statement only at a duly noticed public meeting. If a hearing is held, it shall be conducted in accordance with Sections 120.569 and 120.57(2), F.S. The agency may rely on the statements of fact set out in the petition without taking any position with regard to the validity of the facts. Within 90 days of the filing of the petition, the agency shall render a final order denying the petition or issuing a declaratory statement.
Specific Authority 120.54(5)FS. Law Implemented 120.565 FS. History–New 4-1-97, Amended __________.
28-105.004 Notice of Disposition.
The agency shall file a Notice of Disposition for the Declaratory Statement or denial of the petition in the next available issue of
(1) The name of the agency.
(2) A summary statement of the agency’s decision.
(3) The agency, contact person, and address where a copy of the petition and final order may be obtained.
(4) The date the final order is filed.
Specific Authority 120.54(5) FS. Law Implemented 120.565 FS. History–New _________.