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 adjusts the statutory amount of firefighter line of duty death benefits to reflect price level changes that are based on the March 2011 Consumer Price Index, as directed by statute.
SUMMARY: In accordance with the provisions of Section 112.191, F.S., the proposed amendment provides an adjustment to firefighter line of duty death benefits. Adjustments to firefighter line of duty death benefits are made on an annual basis. The amount of the adjustment is determined by price level changes as indicated by the Consumer Price Index.
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: A preliminary economic analysis conducted by the Department, based on historical information used to determine the average annual number of firefighters who lost their lives in line-of duty actions, indicated that the corresponding annual payments of survivor benefits would not exceed an amount that would required the preparation of a SERC.
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: 112.191(2) (i) 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: Tuesday, March 27, 2012, 11:00 a.m.
PLACE: Third Floor Conference Room, 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: Jason Fryar, (850)413-3647, Jason.Fryar@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: Jason Fryar, Government Analyst II, Division of State Fire Marshal, Department of Financial Services, (850)413-3647, Jason.Fryar@myfloridacfo.com

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-64.005 Adjustments to Reflect Consumer Price Index.

(1) No change.

(2) The amounts payable for the period from July 1, 2011 2010 through June 30, 2012 2011, using the Consumer Price Index for all urban consumers published by the United States Department of Labor for March, 2011 2010, 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.: $62,910.14 $61,256.22.

(b) For those benefits paid or to be paid under paragraph (b) of subsection (2) of Section 112.191, F.S.: $62,910.14 $61,256.22.

(c) For those benefits paid or to be paid under paragraph (c) of subsection (2) of Section 112.191, F.S.: $175,221.80 $170,615.19.

Rulemaking Authority 112.191(2)(i) 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, 9-9-10,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jason Fryar, Government Analyst II, Division of State Fire Marshal, Department of Financial Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief of Financial Officer, Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 8, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 22, 2011