Title: Fla. Adm. Code Ch. 28-2: Agenda and Scheduling of Meetings and Workshops, and Ch. 40D-0 Rulemaking Proceeding. 5p..
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 Material Information
Title: Fla. Adm. Code Ch. 28-2: Agenda and Scheduling of Meetings and Workshops, and Ch. 40D-0 Rulemaking Proceeding. 5p..
Physical Description: Book
Spatial Coverage: North America -- United States of America -- Florida
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052518
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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RULES official votes are to be taken or policy adopted.
OF THE Specific Authority 120.54(1), (10) FS. Law
ADMINISTRATION COMMISSION Implemented 120.53(1)(d), 120.55(1)(c) FS.
History-New 12-31-74, Amended 6-10-75,

28-2.02 Reserved.
CHAPTER 28-2 28-2.03 Agenda of Meetings and
MEETINGS AND WORKSHOPS (1) The agenda shall be prepared by the
28-2.01 Notice of Meeting or agency in time t6 insure that a copy may be
Workshop. received at least seven (7) days before the event
28-2.02 Reserved. by any person in the state who has requested a
28-2.03 Agenda of Meetings and copy and pays the reasonable cost per copy.
Workshops. (2) The agenda shall list the items in the
28-2.04 Reserved. order they are to be considered. For good cause
28-2.05 Reserved. stated in the record, items on the agenda may
28-2.06 Reserved. be considered out of their stated order with the
28-2.07 Emergency Meetings. approval of the person designated to preside.
(3)(a) The agenda shall be specific as to

28-2.01 Notice of Meeting or Workshop. items to be considered. All matters involving
(1) Except in the case of emergency the exercise of agency discretion and
meetings, school districts, community college policy-making shall be listed and summarized
districts, or units of government with on the agenda. Additions to agenda items such
jurisdiction in only one county, the Agency as old business," "new business," "other
shall give at least seven (7) days public notice of business" or "other matters which may come
any meeting or workshop by publication in the before the agency" or similar terms shall be for
Florida Administrative Weekly. consideration of solely ministerial, or
(2) Such notice of meeting or workshop internal-administrative matters which do not
shall state: affect the interests of the public generally.
(a) The date, time and place of the event. (b) The agency may utilize the following,
(b) A brief description of the purpose of the or a different form substantially the same in
event. detail, in preparing its agenda:
(c) The address where interested persons NAME OF AGENCY
can write to obtain a copy of the agenda. TIME, DATE & PLACE OF MEETING
(3) The agency shall utilize the following THIS MEETING IS OPEN TO THE
form in providing notice of the meeting or PUBLIC
workshop. 1. Call to Order
WORKSHOP 3. Old Business: Specific listing of all
The (name of the agency) announces a matters involving agency discretion or
public meeting or workshop to which all policy-making with brief summary of each.
persons are invited. 4. New Business: Specific listing of all
DATE AND TIME: ----- matters involving agency discretion or
PLACE: policy-making with brief summary of each.
PURPOSE: 5. Other Business: Specific listing of all
A copy of the agenda may be obtained by matters involving agency discretion or
writing to (name of the agency) at policy-making with brief summary of each.
(headquarters address). (4) The person designated to preside may
(4) A meeting, for the purpose of notice make specific changes in the agenda after it has
herein, is limited to a gathering for the purpose been made available for distribution, only for
of conducting public business by members of a "good cause" shown.
collegial body constituting the agency head. (5) The agency shall provide that the
(5) A workshop is a gathering where meeting or workshop shall be open to the
members of a collegial agency head may be public unless specifically provided otherwise
present, or a persons) designated by the by law.
agency hcad are meeting, for the specific Specific Authority 120.54(10) FS. Law
purpose of rule drafting at which time no Implemented 120.53(1)(d) FS. History-New
12-31-74, Amended 6-10-75, 3-23-80.



..^ "" ^ 40 0 ^ B|


Hardee-Highlands County line, the Point of headquarters commencing at 9:30 A.M.,
Beginning. unless announced to the contrary at the
Thence East along the North boundary of previous regular monthly meeting. Regular
Township 36 South to the northeast corner of monthly meetings may be held at other times
Section 1, Township 36 South, Range 28 East; only after publishing notice thereof not less
Thence South along the range line to the than ten (10) days prior to such meeting. There
southeast corner of Section 12, Township 37 will be a workshop meeting of the Board on the
South, Range 28 East; day preceding each monthly meeting, unless
Thence East along the section line to the announced to the contrary at the previous
northeast corner of Section 15, Township 37 regular monthly meeting.
South, Range 29 East; (3) Special meetings of the Governing
Thence South along the section line to the Board may be held to consider specifically
southeast corner of Section 34, Township 37 enumerated matters on call of the Chairman
South, Range 29 East; and upon preparation of an agenda for such
Thence East along the township line to the meeting and notification to Board members not
northeast corner of Section 1, Township 38 less than seven (7) days in advance of such
South, Range 29 East. meeting. Notices of such meetings shall be
Specific Authority 373.044, 373.113, 373.149, given to representatives of the news media and
373.171 FS. Law Implemented 373.0693 FS., to such other persons as have requested such
62-691 and 78-65, Laws of Florida. notice of who are directly affected by the
History-Readopted 10-5-74, Amended 12-31-7, subject of such meeting. Special meetings may
10-24-76, Previously numbered 16J-0.30(27) (7), be called by the Chairman on less tha
(8), (4), (9), Amended 3-30-81. be called by the Chairman on less than seven
(7) days notice if the Chairman finds that
OTATOconditions warrant such short notice, provided
Boundaries that public notice and notice to Board members
Chapter 76-243, Laws of Florida, changes and of a minimum of twelve (12) hours shall be
redraws boundaries of respective water management given and that the Board shall ratify the
districts so as to transfer Oklawaha River Basin, given and that the Board shall rat
subdivision of Southwest Florida Water findings of the Chairman for the short notice.
Management District, and certain other small (4) Meetings of basin water management
amounts of territory in Southwest Florida Water boards will be held on a regular basis, as
Management District, to St Johns River Water determined by the respective basin boards, at
Management District. Pursuant to that transfer times, dates, and places set by the respective ex
unspent basin tax revenue and receivables accrued to officio chairman or vice chairman in his
benefit and use of Oklawaha River Basin, its works absence. Special meetings will be held on call of
and functions and properties situate within such the basin board ex officio chairman or vice
basin, should be transferredto St. Johns River Water chairman in his absence.
Management District. If additional small amounts (5) Meetins of all basin boards s
of transferred territory were included in one or more Meetings of all basin boards shall be
basin subdivisions of Southwest Florida Water announced at the regular monthly meetings of
Management District, proportionate share of tax the Governing Board and shall be scheduled by
revenue and receivables from such basin or basins the Chairmen of the respective basin boards.
should also be transferred. Transferred revenue Special meetings may be held in the same
must be used by St. Johns River Water Management manner as prescribed for holding special
District to finance basin functions as specified and meetings of the Governing Board.
required by F. S. A., 373.0695(2). Taxes levied to Specific Authority. 373.044, 373.113, 373.149,
fund District's general regulatory and 373.171 FS. Law Implemented 373.0693, 373.079,
administrative functions throughout District may FS., 61-691, Laws of Florida. History-Readopted
not be transferred pursuant to Ch. 373, Florida 10-5-74, Amended 12-31-74, 10-24-76, Previously
Statutes, as amended. Op. Atty. Gen., 077-17, numbered 16J-0.30(2), (7), (8), (4), (9).
February, 1977
40D-0.081 Agendas and Notices.
40D-0.071 Meetings and Workshops. (1) Agendas shall be prepared by the
(1) Meetings of the Board will be held on a Executive Director, after consultation with the
regular monthly basis, usually at the District Chairmen of the respective boards, for each
headquarters, or at such other time, date, and meeting, hearing, or workshop, which agendas
place as announced by the Chairman. Special shall be prepared at least seven (7) days before
meetings will be held on call of the Chairman the meeting, and made available for
or at the request of two (2) Board members, distribution on request of any interested
(2) Regular monthly meetings of the persons. Such agendas shall contain the items
Governing Board will be held on the first to be considered in the order of presentation.
Wednesday of each month at District After an agenda has been made available,


'. .

change shall be made only for good cause as record.
determined by the Chairman of the Board. Any (5) All drawings and sketches submitted
member of the Governing Board or of a with applications shall be on letter size (8 1/2"
respective basin board may place an item on an x 11") paper, or of a size that can be folded to 8
agenda if the request is made to the Executive 1/2" x 11" such as 11" x 17" or 17" x 22".
Director not less than seven (7) days prior to Three copies of the drawings must be provided.
the meeting. If 8 1/2" x 11" size, one must be of black line
(2) Any request to place an item on an type capable of being photo-copied. If larger
agenda at a meeting of the Board or of a basin than 8 1/2" x 11" drawings are used one must
board shall be submitted not less than ten (10) be the original drawing or a reproducible.
days prior to the meeting. (6) Drawings shall be to scale or properly
(3) The Board will maintain a current and adequately dimensioned. A drawing or
mailing list for the purpose of mailing board sketch shall be identified as to location or
meeting notices to all persons making such should include a location plan. Cross sections
request in writing, and elevations shall be included where
(4) The Board will maintain separate applicable.
mailing lists for the respective basin boards for (7) Location plans should locate the points
the purpose of mailing basin board meeting of installation, construction, withdrawal,
notices to all persons making such request in discharge or use by referencing to section lines,
writing, roads, or other obvious and permanent
(5) Mailing lists will be maintained by the landmarks.
District for the purpose of giving notice of all (8) The plan and cross section or elevation
meetings. Separate lists will be maintained for shall clearly portray the construction in its
Governing Board meetings and for meetings of relationship to the channel and/or
each of the respective basins. Names will be right-of-way. Certain elevations must be
placed on such lists upon written request designated to facilitate processing of the
mailed to the District. Periodically such lists application. These are: canal bottom
will be purged after written notice. elevations, water surface elevations and
Specific Authority 373.044, 373.113, 373.149, ground elevations expressed in mean sea level
373.171 FS. Law Implemented 373.0693, 373.079 (msl.). The elevation of the low member of a
FS., 61-691, Laws of Florida. History-Readopted bridge span must be shown. For overhead wire
10-5-74, Amended 12-31-74, 10-24-76, Previously crossings and in the case of water or gas lines,
numbered 16J-0.30(11), (6), (3), (5), (10). low member elevation must also be indicated
40D-0.101 Content of Application. on the drawing.
(1) The various application for permit Specific Authority 373.044, 373.113, 373.149,
forms can be obtained from the Southwest 373.171 FS. Law Implemented 373.085, 373.106,
Florida Water Management District. 373.116, 373.216, 373.229, 373.246, 373.249,
3() Eh a n fm wl be g 73.413, 373.416 FS. History-Readopted 10-5-74,
(2) Each application form will be given an Amended 10-24-76, Previously numbered 16J-0.10,
identifying number when received by the 16J-0.11.
(3) Any application which has not been 40D-0.201 Permit Processing Fee. A
completed and upon which fees or deposits permit processing fee is required and shall be
have not been paid within six (6) months is paid to the District when certain applications
subject to rejection, provided notice of proposed are filed pursuant to these rules except when
rejection is mailed to applicant not less than ten the applicant is a department agency, public
(10) days prior to such rejection, body, body politic, or political subdivision of
(4) The .original file containing the the State of Florida. This fee is for the purpose
application with accompanying attachments, of helping defray the costs of processing,
the order, permit or permit agreement issued, notices, advertising, and mailing required in
transcript of the proceedings and all exhibits connection with consideration of such
shall be maintained in the File of Record at applications. If an application is for a
District Headquarters. Any person may combination of permits under one or more
inspect the File of Record at all reasonable chapters, payment of only one fee shall be
times. Any person seeking to intervene, oppose required.
or appeal from any Recommended Order or (1) The fee for an application for a permit
Final Order shall file the original pleading on for consumptive use of water pursuant to
the Staff Attorney for placing in File of Record Chapter 40D-2 shall be $10.00.
and a copy on the District's Board Counsel, (2) No fee shall be required for an
together with copies on all other parties of application for a permit for construction of a


e l3 C)-3.'zr


Public hearing was held after Board had published Reber v. School Board of Alachua County, DOAH,
notice only three times in single newspaper, and only .77-1394R.
one notice was published between ten and thirty days Notice
prior to hearing. McCullough v Daval County Boundaries drawn for Broward County Public
School Board, DOAH, 80-265R. School zones were declared invalid, where F.S.A.
20-3.16 Reserved. 120.54(1) and 120.54(2)(a) were not followed in
zones' adoption; in particular, Board failed to
28-3.17 Reserved. prepare economic impact statement or to give notice,
with explanation of purpose and summary of legal
28-3.18 Reserved. authority. Gramith v. School Board of Broward
County, Inc., DOAH, 78-1212R.
28-3.19 Reserved. School Board of Orange County enforced pupil
28-3.20 Reserved. assignment plan without following Administrative
Procedure Act time limits and without publishing
28-3.21 Reserved. adequate notice, including short and plain
explanation ofplan's purpose and effect, summary of
28-3.22 Reserved. legal authority and economic impact statement. Plan
was declared invalid as improperly promulgated
28-3.23 Reserved. administrative rule. Blackford v. School Board of
28-3.24 Reserved. Orange County, Florida, DOAH, 78-1106R.
Regional impact requirements
28-3.25 Reserved. Interpretation of F.S.A. 380.06(15) by
Department that exemption from development of
28-3.26 Reserved. regional impact (DRI) requirements applied to
Materials. After the additions to existing hospitals, as well as to new
28-3.27 Rulemaking Materials. After the construction, was valid statutory interpretation,
publication of notice initiating rulemaking, the rather than agency rule improperly promulgated.
agency shall make available for public Alachua General Hospital, Inc. v. Department of
inspection and shall provide upon request, Community Affairs, DOAH, 79-1430R.
copies of the following materials:
(1) The text of the proposed rule, or any 28-3.28 Reserved.
amendment, or repeal of any existing rule; 28-3.29 Reserved.
(2) A detailed written statement justifying
the proposed rule; 28-3.30 Rulemaking Proceeding No
(3) A copy of the economic impact Hearing. When no hearing is requested, and
statement required by Subsection 120.54, F. when the agency chooses ot to initiate a a
S.; hearing on its own, the agency may direct that
(4) A statement comparing the proposed the proposed rule be filed with the Department
rule with any applicable federal rules, of State no less than twenty-one (21) days /
regulations or standards, or a statement that no following notice. Such direction may be given /
comparable federal standards exist; by the agency head prior to initiating the
(5) The published notice. proposed rule in the event no hearing is
Specific Authority 120.53(1), 120.54(10) FS. Law requested, or may be given after allowing
Implemented 120.54 FS. History-New 3-23-80. fourteen (14) days in which affected persons
ANNOTATIONS may request a hearing.
SSpecific Authority 120.53(1), 120.54(10) FS. Law
Economic impact statement Implemented 120.54(3) FS. History-New
Hearing officer did not err in ordering that 3-23-80
disputed amendment to Rule 10-5.11(1) F. A. C., 32-
was invalid because of Department's failure to 28-3.31 Rulemaking Proceeding -
prepare economic impact statement in its Hearing.
promulgation, as required by F. S. A. 120.54(2)(a). (1) If the proposed rule does not relate
Department of Health and Rehabilitative Services
v. Delray Hospital Corporation, App., (1st) 373 So. exclusively to organization, practice or
2d 75 (1979). procedure, the agency shall provide, upon
Adoption of minimum and maximum enrollment request, a public hearing for presentation of
capacity requirements by Alachua County School evidence, argument and oral statements,
Board, and any future action taken to implement within the reasonable conditions and
such requirements, was declared invalid limitations imposed by the agency to avoid
administrative action, where Board did not adopt duplication, irrelevant comments, unnecessary
requirements pursuant to rulemaking requirements delay or disruption of the proceeding. Written
of F.S.A. 120.54(2); specifically, adoption of statements inay be submitted to the agency
accurate and complete economic impact statement. following the hearing by any person, and may
be considered and made a part of the record if



authorized by the agency. 28-3.36 Reserved.
(2) A public hearing shall be held if an
affected person requests a hearing within 28-3.37 Emergency Rule Adoption.
fourteen (14) days after the date of publication (1) The agency may adopt, an emergency
of the notice. The agency may decide on its own rule, if:
initiative to hold a public hearing and shall (a) The agency finds that immediate
publish notice of this fact. danger to the public health, safety and welfare
(3) The agency shall prepare an agenda for exists which requires immediate agency action;
the hearing that provides affected persons with and
sufficient time to present evidence, argument of (b) The agency complies with the
oral statements, and other information, requirements of Section 120.54(9)(a)3., F. S.
(4) The agency may take official (2) Unless it defeats the purpose of an
recognition of any material that is of common emergency rule, the agency should notify
and general knowledge, authoritatively well major wire services and notify all affected
settled and free from uncertainty. If the persons before adopting an emergency rule.
material is officially recognized by the Agency, The agency shall permit, upon request, all
it is deemed to be admissible without the affected persons to present testimony, evidence,
necessity of the offering party presenting and submit written statements.
evidence. This material shall be part of the (3) Upon the request of any affected
record and all affected persons shall be given a person, the agency shall cause a transcript to be
reasonable opportunity to examine and offer made of the proceeding and shall compile a
evidence and argument in opposition. record, consisting of the transcript, copies of
(5) Upon request of any affected person, the notice and statement filed with the
the agency shall cause to be made a transcript Department of State pursuant to subsection (1)
of the proceeding and copies of the transcript of above, and any other matter of information
the proceeding shall be available to the public. considered by the agency in adopting the
Cost of preparing the transcript and having the emergency rule. Cost of preparing the
proceeding recorded shall be paid by the transcript shall be paid by the requesting
requesting person. A copy of the transcript person. In any event, a recording shall be made
shall be available to the public at cost. of the proceeding.
(6) The agency head, any member thereof (4) Notwithstanding subsection (2) and (3)
or any person designated by the agency head above, the agencymay use any procedure
may preside at a hearing held pursuant to which is fair under the circumstances in the
Subsection 120.54(3), F. S. If requested by the adoption of an emergency rule as long as it
agency head, following the hearing the person protects the public interest and otherwise
presiding shall provide a detailed statement of complies with applicable statutory provisions.
Specific Authority 120.53(1), 120.54(10) FS. Law
any changes which will be recommended in the Implemented 120.53(1), 120.54(9) FS.
proposed rule to any person who requests it at History-New 12-31-74, Amended 6-10-75,
the hearing, and shall prepare a summary of 3-23-80.
such hearing and recommendations for ANNOTATIONS
changes in the proposed rule to the agency head
for final action. Immediate danger
Specific Authority 120.53(1), 120.54(10) FS. Law Emergency rule requiring that identification tags
Implemented 120.54(3), (6) FS. History-New provided by Florida Game and Fresh Water Fish
123174, Amended 6-10.75, 3-Commission be affixed to each river otter and bobcat
pelt, and providing for numbering, coding, and
28-3.32 Reserved. distribution of tags was improper delegation of
legislative authority. There was no showing of true
28-3.33 Reserved. danger to justify rule, and agency failed to publish
rule until after it had been adopted. Florida
28-3.34 Reserved. Audubon Society v. Florida Game and Fresh Water
Fish Commission, DOAH, 78-225R.
28-3.35 Incorporation by Reference.
Any rule, standard, specification or similar Statement of justification
material which is generally available to Where Department of Correction repromulgated
matedia pens myeincprat i a rile, t invalid emergency rule with expansion of
affected persons may be incorporated in a rule, justification statement that explained specific ways
by reference, in the manner adopted by rule by in which imminence of death caused by issuance of
the Department of State. death warrant disturbs prison conditions and
Specific Authority 120.53(1), 120.54(10) FS. Law increases danger to everyone in prison, court upheld
Implemented 120.53, 120.54 FS. History-New new rule's validity, but limited duration of such
12-31-74, Amended 6-10-75, 3-23-80. validity to ten days and instructed Department to


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