28-104.005: Time for Consideration of Emergency Petition
PURPOSE AND EFFECT: The purpose of the proposed amendment is to add a requirement that an agency inform interested persons of the right to submit comments in the notice.
SUBJECT AREA TO BE ADDRESSED: Notice of emergency petition.
SPECIFIC AUTHORITY: 120.54(5)(b)8., 120.542(3) FS.
LAW IMPLEMENTED: 120.542(3) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Barbara Leighty, 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 PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
28-104.005 Time for Consideration of Emergency Petition.
(1) No change.
(2) Within 5 days after filing a petition for emergency variance or waiver with the agency clerk, the agency shall give notice of receipt of the petition on its website, if it has one. The agency shall also give notice by any procedure that is fair under the circumstances or provide notice of the petition to the Department of State for publication in the first available issue of the Florida Administrative Weekly. Any notice under this subsection shall inform interested persons of the right to submit comments. Any Iinterested persons or other agencyies may submit written comments on the petition for emergency variance or waiver within 5 days after publication of the notice required herein. The notice and comment requirements in this subsection shall not apply if the agency head finds that an immediate danger to the public health, safety, or welfare requires an immediate final order, which final order shall recite with particularity the facts underlying such finding.
(3) through (5) No change.
Specific Authority 120.54(5)(b)8., 120.542(3) FS. Law Implemented 120.542(3) FS. History–New 4-1-97, Amended 1-15-07,________.