11-1.0041: Confirmation and Delegation of Authority
PURPOSE AND EFFECT: To update the language for rulemaking authority based upon recent statutory changes.
SUMMARY: Specifies that the approval of the Governor and Cabinet acting as the head of the Department is required for rulemaking under Chapter 120, F.S.
SUMMARY OF STATEMENT 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: 943.03(4) FS.
LAW IMPLEMENTED: 20.05(1)(b), 20.201, 112.061, 120.63(1), 216.345, Chapter 943 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):
DATE AND TIME: Wednesday, February 4, 2009, 10:00 a.m.
PLACE: Department of Law Enforcement, 2331 Phillips Road, Tallahassee, Florida 32308
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Fern Rosenwasser at (850)410-7676. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Fern Rosenwasser, Florida Department of Law Enforcement, Office of General Counsel, 2331 Phillips Road, Tallahassee, Florida 32308
THE FULL TEXT OF THE PROPOSED RULE IS:
11-1.0041 Confirmation and Delegation of Authority.
(1) In accordance with paragraph 20.05(1)(b), F.S., the Executive Director and other officials of the Department of Law Enforcement are hereby authorized to perform or exercise the following statutory powers and duties of the Agency, Department, or Department Head:
(a) The Executive Director or, his designee shall:
1. through 11. No change.
12. Act on behalf of the agency in carrying out the provisions of Chapter 120, F.S., provided, however, the Governor and Cabinet shall approve all Department administrative rules and reserve the prerogative to act as hearing officer in Section 120.57, F.S., proceedings involving great public interest or other public agencies. Examples include the following:
a. To initiate rulemaking by publishing a notice of intended action. However, before a notice of intended action is published, the Department must submit the proposed notice including the proposed text to the Governor and each member of the Cabinet. Upon the request of the Governor or any member of the Cabinet, the Department shall submit the proposed rules for action by the Governor and Cabinet at the next available Cabinet meeting. If, after being given 10 working days to review the Department’s proposed notice of intended action and rule text, neither the Governor nor any member of the Cabinet notifies the Department of his or her objection to such publication, the Department has authority to proceed to initiate rulemaking pursuant to Section 120.54(3)(a)1., F.S. The power to determine whether proposed rules should be approved for the filing of a notice of intended action and final adoption is hereby reserved to the Governor and Cabinet acting as the head of the Department.
b. through h. No change.
(b) through (f) No change.
Specific Authority 943.03(4) FS. Law Implemented 20.05(1)(b), 20.201, 112.061, 120.63(1), 216.345, Chapter 943 FS. History–New 1-31-80, Amended 6-29-80, 7-5-81, Formerly 11-1.041, Amended 7-6-99, 8-22-00,________.