FLORIDA DEPARTMENT OF CORRECTIONS REGULATORY PLAN
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1 FLORIDA DEPARTMENT OF CORRECTIONS REGULATORY PLAN Contents Part 1- Laws Creating or Modifying the Duties or Authority of the Agency... 2 Part 2 - Expected Implementation of Other Laws During Fiscal Year Part 3 - Updates to the Agency's Regulatory Plan... 6 Updates to Part 1 of the Plan:... 6 Updates to Part 2 of the Plan:... 6 Updates to Part 3 of the Plan:... 8 Part 4 - Certification... 9
2 Part 1- Laws Creating or Modifying the Duties or Authority ofthe Agency This partfulfills the requirements ofsection (1)(a), Florida Statutes, which requires an agency to provide a listing ofeach law created or amended during the previous twelve months which "creates or modifies the duties or authority ofthe agency." Where two or more such laws were amended or created by a common piece oflegislation, those laws are listed together. 1. Sections and , Florida Statutes unnecessary and, perhaps, duplicative ofthe laws. 2. Sections , and , Florida Statutes 3. Section , Florida Statutes and, perhaps, duplicative ofthe law. 4. Section , Florida Statutes and, perhaps, duplicative of the law. 5. Sections , and , Florida Statutes 6. Sections and , Florida Statutes unnecessary and, perhaps, duplicative ofthe laws. 7. Section , Florida Statutes and, perhaps, duplicative ofthe law. Page 2 of9
3 8. Section , Florida Statutes and, perhaps, duplicative of the law. 9. Sections and , Florida Statutes 10. Sections , and , Florida Statutes 11. Sections , , , , , , and , Florida Statutes 12. Section , Florida Statutes and, perhaps, duplicative ofthe law. 13. Section , Florida Statutes and, perhaps, duplicative of the law. Part 2 - Expected Implementation ofother Laws During Fiscal Year This partfulfills the requirements ofsection {1)(b ), Florida Statutes, which requires an agency to listeach law that the agency expects to implement by rulemaking before July 1 of the following year, except in instances requiring emergency rulemaking. The list below includes laws grouped together where those laws would be implemented by a common rulemaking initiative, such as the amendment ofa single rule, the amendment ofmultiple rules within a single chapter ofthe Florida Administrative Code, or the amendment ofrules that appear in different chapters ofthe Code from one another but are nonetheless related. Also, some laws listed below are listed more than once because they would be implemented by more than one Department ofcorrections rule. Page 3 of 9
4 1. Section , Florida Statutes The Department expects to implement this law by amending Rules , , , and ofthe Florida Administrative Code to improve the efficiency ofthese rules. 2. Sections and , Florida Statutes The Department expects to implement these laws by amending chapter ofthe Florida Administrative Code to clarify and update this chapter. 3. Sections , , , , , , and , Florida Statutes The Department expects to implement these Jaws by amending Rule of the 4. Section , Florida Statutes The Department expects to implement this law by amending Rule of the Florida Administrative Code to delete an obsolete portion ofthis rule. 5. Sections , and , Florida Statutes The Department expects to implement these laws by amending Rules , , and ofthe Florida Administrative Code to improve efficiency and to clarify these rules. 6. Section , Florida Statutes The Department expects to implement this Jaw by amending Rule of the Florida Administrative Code to improve efficiency and to clarify this rule. 7. Sections , , and , Florida Statutes The Department expects to implement these laws by amending Rule of the 8. Sections , (7), , (3), (1) and (1)(b), Florida Statutes The Department expects to implement these laws by amending Rule of the 9. Sections , and , Florida Statutes The Department expects to implement these laws by amending Rule ofthe 10. Sections , , and , Florida Statutes The Department expects to implement these laws by adopting Rule ofthe Florida Administrative Code to improve efficiency. 11. Sections , , and , Florida Statutes The Department expects to implement these laws by amending Rule of the Florida Department ofcorrections Page 4 of9
5 12. Sections , and , Florida Statutes The Department expects to implement these laws by amending Rules , and of the Florida Administrative Code to improve efficiency and to clarify these rules. 13. Sections , , , and , Florida Statutes The Department expects to implement these laws by amending Rule of the 14. Sections , , and , Florida Statutes The Department expects to implement these laws by amending Rule ofthe 15. Sections , , , and , Florida Statutes The Department expects to implement these laws by amending Rule ofthe 16. Sections , , and , Florida Statutes The Department expects to implement these laws by amending Rule of the 17. Section , Florida Statutes The Department expects to implement this law by amending Rule of the Florida Administrative Code to improve efficiency and to clarify this rule. 18. Section , Florida Statutes The Department expects to implement this law by amending Rule ofthe Florida Administrative Code to improve efficiency and to clarify this rule. 19. Section , Florida Statutes The Department expects to implement this law by amending Rule ofthe Florida Administrative Code to clarify this rule. 20. Sections , , and , Florida Statutes The Department expects to implement these laws by amending Rule ofthe Florida Administrative Code to improve the efficiency of this rule. 21. Sections , , , and , Florida Statutes The Department expects to implement these laws by amending Rule ofthe 22. Sections , , , , , and , Florida Statutes The Department expects to implement these laws by amending Rule ofthe 23. Sections , , and , Florida Statutes The Department expects to implement these laws by amending Rule of the Page 5 of9
6 24. Sections , and , Florida Statutes The Department expects to implement these laws by adopting Rule ofthe Florida Administrative Code to improve efficiency. Part 3 - Updates to the Agency's Regulatory Plan This part fulfills section (l)(c), Florida Statutes, which states that an agency's annual regulatory plan must include any desired update to the prior year's regulatory plan or supplements to that plan. No supplements to the agency's Regulatory Plan were published. Updates to the Department ofcorrections Regulatory Plan are discussed below. Updates* to Part 1 ofthe Plan: 1. Sections , , and , Florida Statutes Rulemaking was necessary to implement these laws. Rule ofthe Florida Administrative Code was adopted, effective July 15, Section , Florida Statutes Rulemaking was necessary to implement this law. Rule of the Florida Administrative Code was adopted, effective July 15, 2018, and Rule of the Florida Administrative Code was adopted, effective September 5, *Paragraphs 3, 4 and S ofthe Plan require no updates. Updates to Part 2 ofthe Plan: 1. Sections , and , Florida Statutes Rule : Implementation during was temporarily postponed, but the 2. Sections , and , Florida Statutes Rules and : The agency published two Notices of Proposed Rulemaking on May 25,2018. Adoption is pending and anticipated to occur on or about October 3, Sections , , and , Florida Statutes Rule : The agency published a Notice of Proposed Rulemaking, on November 3, 2017; however, on February 2, 2018, the agency withdrew the rule pending further clarifications. Page 6 of9
7 4. Sections , and (3)(i)5, Florida Statutes Rule : The agency published a Notice of Rule Development on November 3, 2017; however, on June 5, 2018, the agency withdrew the rule. 5. Sections , (6)(b) and , Florida Statutes Rule : Implementation during was temporarily postponed, but the 6. Sections , , , , and , Florida Statutes Rule : Implementation during was temporarily postponed, but the 7. Section , Florida Statutes Rule : Implementation during was temporarily postponed, but the 8. Sections , , and , Florida Statutes Rules and : Implementation during was temporarily postponed, but the rules are currently in rule language development. 9. Sections and , Florida Statutes Rule : Implementation during was temporarily postponed, but the 10. Sections and , Florida Statutes Rule : The agency published a Notice of Rule Development on November 3, Adoption is pending and anticipated to occur on or about October 9, Section , Florida Statutes Rules ; ; and : Implementation during was temporarily postponed, but the rules are currently in rule language development. 12. Sections and , Florida Statutes Rule : Implementation during was temporarily postponed, but the 13. Section , Florida Statutes Rule : The rule was adopted, effective July 15, Sections , , (8) and , Florida Statutes Rule : Implementation during was postponed so that the agency may re-evaluate whether rulemaking is necessary to implement the proposed changes. 15. Sections , , , and , Florida Statutes Rule : Implementation during was temporarily postponed, but the Florida Department ofcorrections Page 7 of 9
8 16. Sections and , Florida Statutes Rule : Implementation during was cancelled after it was subsequently determined that rulemaking was not necessary to implement the intended changes. 17. Section , Florida Statutes Rule : The rule was adopted, effective August 15, Note: this rule was erroneously listed as Rule in the Department's Annual Regulatory Plan. 18. Sections , and , Florida Statutes Rules ; ; and : Implementation during was temporarily postponed to further develop improved efficiency and to clarify and improve coordination with other agencies. 19. Sections , , , , and , Florida Statutes Rule : Implementation during was temporarily postponed to further develop improved efficiency and to clarify and improve coordination with other agencies. 20. Sections and , Florida Statutes Rule : Implementation during was temporarily postponed, but the 21. Sections and , Florida Statutes Rule : The rule was adopted, effective November 12, Sections and , Florida Statutes Rule : The rule was adopted, effective March 1, Updates to Part 3 ofthe Plan: 1. Sections , , , , , , , and , Florida Statutes Rules , and of the Florida Administrative Code were referenced in Part 3 ofthe Regulatory Plan. The rules were adopted, effective January 10, Sections , Florida Statutes Rules , , , , and ofthe Florida Administrative Code were referenced in Part 3 ofthe Regulatory Plan. Adoption is pending and anticipated to occur on or about October 3, Page 8 of9
9 Part 4 - Certification We, the undersigned persons, hereby certify on behalf of the Department of Corrections (the "agency") that we have reviewed this Regulatory Plan, that the agency regularly reviews all of its rules and that all of the agency's rules were most recently reviewed between September 1 and September 26, 2018, to determine if the rules remain consistent with the agency's rulemaking authority and the laws implemented. ~ - 'Kenneths~y. General Counsel Date Page 9 of9
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