Notice of Proposed Rule

DEPARTMENT OF LEGAL AFFAIRS
Division of Victim Services and Criminal Justice Programs
RULE NO: RULE TITLE
2A-8.005: Adjustments to Reflect Consumer Price Index
PURPOSE AND EFFECT: The proposed rule amendments are intended to reflect changes to benefits with regard to the recent changes in the Consumer Price Index.
SUMMARY: The proposed rule amendments reflect revised benefit payments in response to adjustments to the Consumer Price Index.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The following is a summary of the Statement of Estimated Regulatory Costs:
1. The proposed rule allows for the statutory required adjustment in the death benefit paid to survivors of law enforcement officers.
2. The rule change affects any governmental entity required to pay the benefit which will range from $60,823.16 to $182,469.37 per officer death. There are no revenue changes.
3. The rule decreases the amount of the death benefit paid to survivors of deceased law enforcement officers by the Consumer Price Index published for March 2010, as required by Section 112.19(2)(j), Florida Statutes.
4. There are no additional transactional costs that will be incurred by any person or entity as a result of the rule change.
5. The impact for small businesses such as funeral homes and services utilized by the survivors of the law enforcement officer will be positive because additional revenue will be available to those sources. The impact will be negative for small counties and cities that have to pay the death benefit, and it might take revenue that would otherwise be spent elsewhere.
The complete Statement of Estimated Regulatory Costs is available by contacting: Rick Nuss, Chief, Bureau of Criminal Justice Programs, at the address listed below.
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: 112.19 FS.
LAW IMPLEMENTED: 112.19 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rick Nuss, Chief, Bureau of Criminal Justice Programs, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida 32399-1050

THE FULL TEXT OF THE PROPOSED RULE IS:

2A-8.005 Adjustments to Reflect Consumer Price Index.

(1) Section 112.19(2)(j), F.S., requires the Bureau to adjust the statutory amount on July 1 of each year based on the Consumer Price Index for all urban consumers published by the United States Department of Labor, using the most recent figures available. The Bureau will utilize the previous March Consumer Price Index published by the United States Department of Labor and the benefits shall be adjusted from the benefit amount of the year before.

(2) The Consumer Price Index amount in March 2010 increased 2.3 percent 2009 decreased 0.4. Therefore, the statutory amount for the period July 1, 2010 2009 through June 30, 2011 2010, is:

(a) For those benefits paid or to be paid under paragraph (a) of subsection (2); $60,823.16 $59,455.68.

(b) For those benefits paid or to be paid under paragraph (b) of Subsection (2); $60,823.16 $59,455.68.

(c) For those benefits paid or to be paid under paragraph (c) of Subsection (2); $182,469.37 $178,366.96.

Rulemaking Authority 112.19 FS. Law Implemented 112.19 FS. History–New 12-10-03, Amended 8-17-04, 7-26-05, 7-26-06, 7-15-07, 7-20-08, 7-20-09,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Rick Nuss, Chief, Bureau of Criminal Justice Programs
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Bill Stewart, Deputy Chief of Staff
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 27, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 16, 2010