Notice of Proposed Rule

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal
RULE NO: RULE TITLE
69A-64.005: Adjustments to Reflect Consumer Price Index
PURPOSE AND EFFECT: The proposed amendment changes the amount of firefighter line of duty death benefits in accordance with the March 2010 Consumer Price Index, as directed by statute.
SUMMARY: The rule increases the amount of firefighter line of duty death benefits.
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: 112.191 FS.
LAW IMPLEMENTED: 112.191 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: Monday, July 19, 2010, 9:30 a.m.
PLACE: Third Floor Conference Room at the Atrium Building, 325 John Knox Road, Tallahassee, Florida
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: Lesley Mendelson, (850)413-3604, or Lesley.Mendelson@myfloridacfo.com. 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: Lesley Mendelson, (850)413-3604. A copy is posted on the Division’s website at http://www.fldfs.com/SFM/

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-64.005 Adjustments to Reflect Consumer Price Index.

(1) Section 112.191, F.S., requires that the Division adjust the statutory amount payable based on the Consumer Price Index for all urban consumers published by the United States Department of Labor. The adjustment is to be effective on July 1 of each year using the most recent month for which data is available as of the time of the adjustment.

(2) The amounts payable for the period from July 1, 2010 2009 through June 30, 2011 2010, using the Consumer Price Index for all urban consumers published by the United States Department of Labor for March June, 2010 2009, which is the most recent month for which data is available as of the time of the adjustment, are:

(a) For those benefits paid or to be paid under paragraph (a) of subsection (2) of Section 112.191, F.S.: $61,256.22 59,879.

(b) For those benefits paid or to be paid under paragraph (b) of subsection (2) of Section 112.191, F.S.: $61,256.22 59,879.

(c) For those benefits paid or to be paid under paragraph (c) of subsection (2) of Section 112.191, F.S.: $170,615.19 166,779.27.

Rulemaking Authority 112.191 FS. Law Implemented 112.191 FS. History–New 3-13-03, Amended 7-10-03, Formerly 4A-64.005, Amended 7-13-04, 6-30-05, 8-1-06, 4-7-08, 4-13-09, 11-22-09,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jason Fryar, Division of State Fire Marshal
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 2, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 28, 2010