Notice of Proposed Rule

ADMINISTRATION COMMISSION
Departmental
RULE NO: RULE TITLE
28-102: AGENDA AND SCHEDULING OF MEETINGS AND WORKSHOPS
28-102.001: Notice of Public Meeting, Hearing, or Workshop
28-102.003: Emergency Meetings
PURPOSE AND EFFECT: The title of this Chapter is being amended to include “hearings.” The purpose of the proposed amendment to Rule 28-102.001 is to change the 48 hour timeframe to 5 days when requesting a special accommodation. The purpose of the proposed amendment to Rule 28-102.003 is to require an agency to give notice of an emergency meeting on its website, if it has one, and by any procedure fair under the circumstances.
SUMMARY: The title of this Chapter is being amended to include “hearings.” The purpose of the proposed amendment to Rule 28-102.001 is to change the 48 hour timeframe to 5 days when requesting a special accommodation. The purpose of the proposed amendment to Rule 28-102.003 is to require an agency to give notice of an emergency meeting on its website, if it has one, and by any procedure fair under the circumstances.
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: 120.525, 120.525(3), 120.54(5)(b)1 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: 9:00 AM, Friday, December 15, 2006
PLACE: Room 2103, The Capitol, Tallahassee, Florida 32399-0001
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 two days before the workshop/meeting by contacting: Barbara Leighty, Senior Policy Analyst, telephone (850) 487-1884, Administration Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001. 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: Barbara Leighty, Senior Policy Analyst, telephone (850) 487-1884, or Gladys Perez, General Counsel, telephone (850) 488-3494, Administration Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001.

THE FULL TEXT OF THE PROPOSED RULE IS:

AGENDA AND SCHEDULING OF MEETINGS, HEARINGS, AND WORKSHOPS

28-102.001 Notice of Public Meeting, Hearing, or Workshop.

(1) No change.

(2) An The agency shall utilize the following form, or a substantially similar form, in providing notice of any the public meeting, hearing, or workshop.

NOTICE OF PUBLIC MEETING, HEARING, OR WORKSHOP

The (name of the agency) announces a public meeting, hearing, or workshop to which all persons are invited.

DATE AND TIME: _________________________________

PLACE: __________________________________________

PURPOSE: _______________________________________

A copy of the agenda may be obtained by writing to (name of the agency) at headquarters (address) or by calling (name) at (telephone number phone #).

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/hearing/meeting is asked to advise the agency at least 5 days 48 hours before the workshop/hearing/meeting by contacting (name) at (telephone number). If you are hearing or speech impaired, please contact the agency by calling (telephone number of TDD).

Specific Authority 120.54(5) FS. Law Implemented 120.525 FS. History–New 4-1-97, Amended __________.

28-102.003 Emergency Meetings.

(1) An The agency may hold an emergency meeting notwithstanding the provisions of Rules 28-102.001 and 28-102.002, F.A.C., for the purpose of acting upon emergency matters affecting the public health, safety or welfare.

(2) Whenever an emergency meeting must is scheduled to be held, the agency shall give notice of the meeting on its website, if it has one, and by any procedure that is fair under the circumstances, such as notifying at least one major newspaper of general circulation in the area where the meeting will take place, and the agency may also notify all major wire services of the time, date, place, and purpose of the meeting.

(3) Following an emergency meeting, the agency shall publish in the appropriate publication prescribed by Section 120.54(3), F.S., and on its website, if it has one, notice of the time, date and place of the meeting, a statement setting forth the reasons why an emergency meeting was necessary and a statement setting forth the action taken at the meeting. This notice is in addition to the notice requirements of Section 120.525(3)(c), F.S.

Specific Authority 120.54(5) FS. Law Implemented 120.525(3), 120.54(5)(b)1. FS. History–New 4-1-97, Amended __________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Teresa Tinker, Administration Commission, Room 1801, The Capitol, Tallahassee, Florida 32399-0001
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Administration Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 14, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 1, 2006