80scan10L0001 - Florida Administrative Code

					CHAPTER lOL-6
AND AMOUNT OF AWARDS ELIGIBILITY
SuPP. No. 100
RULES
OF THE
DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES
CRIMES COMPENSATION COMMISSION
CHAPTER lOL-6
ELIGIBILITY AND AMOUNT OF AWARDS
(a) The Commission construes subsection
Serious Financial Hardships lOL-6.01
960.13( 3), F .S., as authorizing compensation for
Award 10L-6.02 Amount of the
loss of wages or support only if the victim was
Awards 10L-6.03 Emergency
presently employed at the time of the crime
incident, or had a present credible intention to
Hardship. 10L-6.01 Serious Fiancial
begin work at that time. Claimants whose victims
by law (1) The Commission is prohibited
not presently employed at the time of the
were
from awarding compensation to a claimant unless
crime incident, or had no present credible intention
demonstrates "serious financial the claiman t
to do so, are disqualified from receiving
hardship. "
compensation for loss of or support.
wages a
hardship, (2) In determining serious financial
(b) In the event claimant seeks
Commission shall consider: the
compensation for loss of support based on the
of earnings or support, (a) The claimant's loss
victim's death, the Commission will determine such
and diminution of future earning capacity;
to
with reference claim section 440.16, F.S.
The claimant's out-of-pocket loss; (b)
(4) "Actual need" as determined under
The claimant's financial resources; and (c)
above, shall be reduced by
         -3
(2) and subsections
were totally or (d) The needs of persons who
the amount of any insurance, workmen's
upon the victim or intervenor. partially dependent
compensation, or other payments received or to be
shall be (3) The claimant's financial resources
received as a result of the crime incident.
the following: determined without reference to
(5) The Commission, or a single member
A homestead; (a)
thereof, may reduce the award or reject the claim
Personal property consisting of clothing, (b)
entirely upon a finding that the victim contributed
personal effects, furniture and appliances;
to the infliction of his own injury or death.
Family automobiles; and (c)
(6) In no event shall the Commission award
Tools or equipment needed in claimant's (d)
If
than $10,000 per claimant. more more than one
trade or business. profession,
person claims compensation as the result of a single
Law Implemented Specific Authority 960.06(1)(b) FS.
person's injury or death, the $10,000 maximum
12-5-78. 960.13(7) FS. History-New
award shall apply to all such claims considered
together, and any award made shall be equitably
Amount of the Award. 10L-6.02
apportioned among eligible claimants. In crime
The amount of the award shall be the (1)
incidents where two or more persons are injured or
under Subsection claiman t 's "actual need"
killed, however, the Commission will consider each
2), Florida Statutes. 960.13(
individual's injury or death as a separate crime
is the claimant's (2) "Actual need"
subject to the $10,000 maximum award for each
supply or relief. demonstrated condition requiring
crime.
Such need must result from the victim's or
Specific Authority 960.06(1)(b) FS. Law Implemented
960.13(2)(3)(4)(5)(6)(8) FS. History-New 12-5-78.
physical injury incurred in the intervenor's personal
which the claim is based. crime incident upon
10L-6.03 Emergency Awards.
shall include: "Actual need"
(1) Upon a proper request, a Commission
the claimant's unreimbursed and (a)
emergency award to the
an
member may make
defined in unreimbursable out-of-pocket loss as
claiman t pursuant to section 960.12, Florida
not limited to section 960.08, F.S. This loss is
Statutes, if the claim is one with respect to which
but medical, remedial or healing treatment expenses,
an award probably will be made, and the claimant
expenses up to may also include funeral or burial
either is a recipient of benefits under the federal
for transportation $1,000, and reasonable expenses
Social Security Act, or demonstrates that undue
or replacement services, if applicable.
hardship will result if immediate payment is not
loss of earnings, including (b) The claimant's
future earning capacity (if the diminution of
made.
(2) The Commission member shall refer to
victim). claimant is the
the factors used to determine "serious financial
support, including (c) The claimant's loss of
hardship" in determining "undue hardship." "Undue
(if the claimant is diminution of future support
the victim). dependent on hardship" shall refer to the deprivation of the
essentials of life, however, and shall require a
or support will be ( 3) Loss of earnings
stronger showing of hardship than "serious financial
determined with reference to the schedule of
section 440.15, benefits and degrees of disability in
hardship."
Specific Authority 960.06(1)(b) FS. Law Implemented
by subsection F.S., in the manner required
960.12 FS. History-New 12-5-78.
F.S. 960.13(3),
         13
       100
No.
SuPP.
CLAIMS PROCEDURE
CHAPTER 101.-5
(b) In the event the Legislature, through its
evidentiary hearing as to the amount of the fee
process, sets a maximum sum to be appropriations
award.
fees for a given fiscal year, attorney's
available for
The complete denial of a claim may result
(e)
said limitation. the Commission shall comply with
in the denial of attorney's fees.
representation (c) The claimant is entitled to
FS. Law Implemented
960.06(1)(b)
Specific Authority
The by an attorney from the time the claim is filed.
12-5-78.
History-New FS.
960.19 960.06(1)(b).
award reasonable Commission may determine and
services attorney's fees, Commensurate with the
10L-5.07 Deferral of Claims. The
fees in excess of rendered. A claim for attorney's
Commission, or the member of the Commission
by a $1,000 shall be reviewed and approved
who initially reviews the claim, may defer ruling
event majority vote of the full Commission. In the
upon a claim in the event that:
attorney's fees are awarded, the Commission will
(1) A state attorney's office shall request
following factors in granting the award: consider the
deferral as provided in Subsection 960.07(4),
          1
labor required; The time and
Florida Statutes; or
novelty and difficulty of the question; 2. The
(2) The claimant appears not to have
cause; 3. The skill required to conduct the
exhausted a valid claim against an insurance carrier,
attorney's appearance 4. Whether the
workmen's compensation carrier, or other source of
of others in a related case, precludes representation
compensation, for benefits arising out of the loss on
which would otherwise be expected;
which the claim is based, under subsection
such services; 5. The customary charge for
960.13(2), Florida Statutes; or
amount in controversy and the benefit The
          6
(3) A party, or a Commission member, so
the client; to
if such request is reasonable and supported
requests, cause.
The contingency of certainty of 7.
by good
compensation;
FS. Law Implemented
960.06(1)(b)
Specific Authority
FS.
960.07(4). 960.09. 960.13(2)(5) 960.06(1)(f).
of employment as casual or 8. The character
12-5-78.
History-New
raise or lower the established. The Commission may
factors. The fee award based upon these
10L-5.08 Rendering of Orders. Final orders of
on a not, however, base the fee
the Commission shall be rendered (filed), within the
Commission shall award
to the claimant. percentage of the
meaning of statutes and judicial rules setting the
for attorney's fees should be (d) A request
time for seeking judicial review, on the transmittal
a detailed affidavit of the attorney(s) supported by
date specified in the certificate of service.
claimant, through his attorney, or the involved. The
FS. Law Implemented
960.06(1)(b)
Specific Authority
request an Commission on its own motion, may
12-5-78.
History-New FS.
120.59(1). 960.10(2)(3)
         11
SuPP. No. 100
PROCEDURE CLAIMS
10L-5 CHAPTER
fact and conclusions of law to support the decision.
investigation may include vocational (5) The
The notice shall also advise the claimant of his right
or economic specialists or experts or rehabilitative
to request review of an adverse decision before the
for input.
If
member conducts .the (6) a staff full Commission.
Specific Authority 960.06(1)(b) FS. Law Implemented
sub~l~
investigation, a staff member shall
120.57,120.58,960.09 FS. History-New 12-5-78.
the the
the CommlsslOn.
to
results written report of
available to the The written report shall be made
10L-5.05 Review by the Full Commission.
request, less such portions of it as claimant upon
(1) In the event claimant a is dissatisfied with
are
made confidential by law.
the action taken by a single member of the
~he
to cooperate in (7) A claimant's failure
Commission, he may petition in writing for review
claim. investigation shall be grounds for denymg the
by the full Commission within 30 days after such
Authority 960.06(1)(b) FS. Law Iml?lemented Specific
HIStory-New 960.06(1)(c)(d)(e)(g), 960.09(2), 960.14(2) FS.
action. Claimants are entitled to reasonable advance
12-5-78.
notice of the time, date and place that the full
Commission will hear their claims. Claimants may
Hearings Before a Member of the 10L-5.04
appear and be heard at such time, either in person
Commission.
or through an attorney. This review is an
th~s un~e~
(1) Hearings shall be conducted
administrative remedy which must be exhausted
the CommlSSlon IS section whenever a member of
prior to seeking judicial review.
the application unable to decide a claim based on
a claimant requests review by the full
If
          -2
reports furnished to the Commission, or and
Commission
and there has been no evidentiary
claimant who is dissatisfied with the whenever a
hearing before a single Commission member, and
on preliminary Commission member's decision based
there appears to be a need for such a hearing, the
so requests. investigation
full Commission may delegate the authority to
by the (2) Hearings will be conducted
conduct such a hearing to a single member, while
in accordance with the Commission member
retaining jurisdiction to review that member's
120.57, Florida procedures described in sections
findings and conclusions. The evidentiary hearing
Statutes.
shall be conducted in accordance with the
with Chapter 960, (3) Unless inconsistent
provisions of Rule 10L-5.04.
of Florida Statutes, or these rules, the Model Rules
(3) Petitions submitted under this rule need·
shall apply in all hearings. Procedure
not contain formal or technical language. They may
the Commission (4) Whenever possible,
be in the nature of exceptions to proposed orders
county where member will hold the hearing in the
an~ mu~t
120, Florida Statutes, under Chapter
claimant resides, the county where the crime the
contain a short plain statement of the claimant s
occurred, or another location convenient to all
objection. . . .
. parties.
petltl~ms
Commission decisions upon (4) filed
held withm 90 days The hearing shall be
         -5
under this rule may be rendered at the time and
determined. The after the need for a hearing is
followi~g argume~t,.
are heard, place oral they or
be continued, however, as provided in hearing may
such decisions may upon motion of a CommiSSIOn
10L-5.07, F .A.C. All parties to the hearing Rule
member be deferred until the Commission's next
notice in writing of the time and shall be given
~f.
public meeting. In the event regular such
of the hearing at least 15 days in advance, place
deferral the Commission will render its deCISion at
notice is waived. unless
oral
furt~~r he~ring.
without specified
me~ting
the
sh~ll
The parties to a hearing (6) con.sist of
wrltmg by
m
argument. Claimants will be notified
~gencles
claimant, and any persons or the which the
mail of the Commission's decision within 15 days
Commission member allows as Intervenors for or
after it is rendered. Such notice shall constitute
the claim. against
final agency action.
at the (7) The failure of a claimant to apPl;ar
SpeCific Authority 960.06(1)(b) FS. Law Implemcnted
of the scheduled hearing shall be grounds for demal
960.10,120.57(1) FS. History-·New 12-5-78.
the claimant shows good cause for such claim unless
failure.
All parties shall have the opportunity to
          -8
e~idence,
to adverse. present and evidence,
10L-5.06 Attorneys and Attorney's Fees.
object The
member Commission
(1) Claimants and other parties need not be
cross-examine witnesses. shall also have
to
the right conducting the hearing
represented by an attorney, but shall always have
call witnesses to testify or to present other evidence
the right to be represented by an attorney in all
on the member's own motion. The Commission
Commission proceedings.
The attorney shall file a
evidence member conducting the hearing shall admit
notice of appearance. Thereafter, the attorney shall
in
with the requirements of subsection accordance
or
be
to copies of all written notices entitled
parties may also 960.09( 4), Florida Statutes. All
communications, and service on the attorney shall
of fact and conclusions of present proposed findings
deemed service on the party he represents.
be
legal memoranda at the hearing, but the law or
(2)(a) Attorney's fees are awardable within
shall have same shall not be required. The claimant
the sound discretion of the Commission. The
presenting a prima facie case for the burden of
Commission finds, however, that such awards are
compensation, but a party opposing a claim shall
to the primary purposes of the Crimes
ancillary
proving matters in the mature of the burden of
have
Compensation Trust Fund, which is to provide
affirmative defenses.
direct compensation to eligible persons. The award
(9) The Executive Director shall notify the
of attorney's fees may therefore be denied upon a
all other parties of the decision of the claimant and
that the principal in the Trust Fund is
finding
Commission member within 15 days after the
insufficient, or is of questionable sufficiency, to
and such decision will contain findings of hearing,
meet the Trust Fund's primary purposes.
         10
CLAIMS PROCEDURE
CHAPTER IOL·5
100 SuPP. No.
RULES
OF THE
DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES
CRIMES COMPENSATION COMMISSION
CHAPTER IOL·S
CLAIMS PROCEDURE
h
. It
cl~m.
Application 10L-5.01
(8) The application form shall reflect t at
Claims 10L-5.02 Processing of
is a public record.
Investigations 10L-5.03
Specific Authority 960.06(1)(b) FS. Law Implemented
Member of the 10L·5.04 Hearings Before a
960.06(1)(e), 960.07 FS. History-New 12·5·78.
Commission
the Full Commission 10L-5.05 Review by
I OL·S .02 Processing of Claims.
and Attorney's Fees 10L-5.06 Attorneys
(
1) A claim shall be date stamped upon
10L·5.07 Deferral of Claims
receipt and promptly logged in a logbook
of Orders 10L·5.0B Rendering
m~ntained
by the Commission.
(2) Within 3 working days of logging, the
IOL-S.01 Application.
application form shall be screened for cOll!pleteness
compensation shall ( 1) An application for
an application has substantial omissions or defects
If
which contains the consist of an application form
appearing on the fact of the application, the
information: following
claimant shall be promptly notified and advised of
(a) The claimant's name, address and other
the right to reapply. .
information; identifying
(3) Upon filing of a claim pursuant to thiS
(b) A narrative statement describing the crime
chapter, the commission shall promptly notify the
to the claim, including the time and place giving rise
state attorney of the circuit wherein the crime is
thereof;
within 10 days after
If
have occurred. to
alleged
c) A brief description of the losses or (
such notification the state attormey advises the
of the crime; expenses incurred as a result
Commission that a criminal prosecution is pending
A statement of eligibility for insurance (d)
upon the same alleged crime, and requests that
action by the Commission be deferred, the
coverage; A release
information; and (e) of medical
Commission shall defer all proceedings under this
agreement. (f) A signed subrogation
chapter until such time as a trial verdict has been
also require (2) The Commission may
rendered, and shall so notify such state attorney
relating to the claimant's medicals, documentation
and claimant. When a trial verdict has been
losses, financial resources and eligibility treatment,
rendered, such state attorney shall promptly notify
for
other forms of compensation or support, as well
the Commission. Nothing in this subsection shall
as
required by any other information which may be
limit the authority of the Commission to grant
the federal government as a condition for the grant
emergency awards.
of funds.
(4) In the event the application is complete,
defects or omissions in an ( 3) Technical
the Chair shall assign it to her/himself or another
l~ter
a application may be waived or corrected at
member of the Commission in accordance with
may offer techmcal time. The Commission staff
subsection 960.09(1), F.S.
Specific Authority 960.06(1)(b) FS. Law Implemented
a claimant in submitting a claim. assistance to
960.07, 960.09(1) FS. History-New 12·5-78.
the (4) A claim shall be deemed filed when
Commission or the application is received by the
IOL·5.03 Investigations.
Department of Health and Rehabilitative Services.
Commissio~ ~o
member of the (1) The whom
year after the, (5) Claims not filed within one
cl~m
the is assigned, or the full CommiSSion, may
crime are barred by subsection occurrence of the
cause an investigation of any or all aspects of the
claiJ;n~nt
unless the 960.07(2), Florida Statutes,
claim to be made prior to taking action on the
determmmg shows good cause for the delay. In
~he
or for good cause, after action is taken; claim,
good cause is shown, the Commission shall whether
investigation shall be conducted by a Commission
submit timely consider the claimant's efforts to
member or staff member.
or her incapacity, if any. Mere application and his
(2) The investigation may include a. rev.iew of
Act shall of the remedy provided by the
ignorance
claimant's financial resources for determmation of
good cause, however. not constitute
hardship and need. .
(6) The claimant's failure to cooperate in
m~<!ical
The investigation may include.a (3)
information to the Commission furnishing necessary
examination of any person whose phYSical mJury
the claim.
be
staff may and
cl~m,
a physician
by
for the forms the basis
grounds for denying an emergency
may request (7) A claimant
designated by
the Commission, at the time and
the award under section 960.12, Florida Statutes, at
~ommissi~n.
the ..
by
place designated
at any subsequent time. A time of application or
(4) The investigatIOn may mclude an mquIry
request an emergency award only claimant may
to
as the claimant's or injured person's participation
to a once for each claim or incident giving rise
in the crime or relationship to the accused person.
          9
SuPP. No. 100
RULEMAKING AND DECLARATORY STATEMENTS
CHAPTER lOL-4
RULES
OF THE
HEALTH AND DEPARTMENT OF
REHABILITATIVE SERVICES
COMMISSION CRIMES COMPENSATION
CHAPTER lOL·4
DECLARATORY STATEMENTS RULEMAKING AND
10L-4.01 Rulemaking
10L-4.02 Declaratory Statement
10L-4.02 Declaratory Statement. Any person
entitled to request a declaratory statement from the
10 L-4.01 Rulemaking. Rulemaking may be
Statutes, or Commission under Chapter 120, Florida
initiated by the Commission or by a substantially
Procedure may do so in the the Model Rules of
affected person as provided in Chapter 120, Florida
Statutes.
manner provided in the applicable statute or rule.
Law Implemented 120.565 Specific Authority 120.565 FS.
Specific Authority 120.53(1) FS. Law Implemented 120.54
FS. History-New 12-5-78.
FS. History-New 12-5-78.
          7
MEETINGS AND WORKSHOPS
CHAPTER lOL-3
No. 100 SuPP.
RULES
OF THE
DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES
CRIMES COMPENSATION COMMISSION
CHAPTER lOL-3
MEETINGS AND WORKSHOPS
10L-3.01 Notice
Specific Authority 120.53(1) FS. Law Implemented 120.53(1)
Agenda lOL-3.02
FS. History-New 12-5-78.
10L-3.03 Workshops
1 OL-3. 04 Emergency Meetings
lOL-3.03 Workshops. A worshop is a
lOL-3.01 Notice.
conference at which a quorum is present for the
emergencies, the (1) Except in the case of
purpose of rule drafting or policy discussion at
at least ten (10) days notice Commission shall give
taken or policy
be
to
which no official votes are
workshop: of any meeting or
adopted. The rules which apply to Meetings also
requesting such notice in (a) To persons
apply to workshops.
and
writing;
Specific Authority 120.53(1) FS. Law Implemented
120.53(1) FS. History-New 12-5-78.
the public, by publication in the (b) To
Florida Administrative Weekly.
lOL-3.04 Emergency Meetings. The
date, time and (2) The notice shall state the
Commission may hold an emergency meeting
of the meeting, a brief description of the place
notwithstanding the provisions of Rules 10L-3.01
of the meeting, the address where purpose
and copy
and 10L-3.02, the purpose of acting on
the agenda. persons may write to obtain a of
for affecting
emergency matters the public health,
Specific Authority 120.53(1) FS. Law Implemented
FS. History-New 12-5-78. 120.53(1)
safety and welfare. In the event an emergency
meeting is called, the Commission shall notify in
advance the major wire services and at least one
Commission shall lOL-3.02 Agenda. The
the area
in
circulation major newspaper of general-
and make it available to the prepare an agenda
where the meeting takes place of the time, date and
meeting, at the time notice is public before each
purpose of the meeting.
Specific Authority 120.53(1) FS. Law Implemented
changed prior to the circulated. The agenda may be
120.53(1), 286.011 FS. History-New 12-5-78.
meeting, or at the meeting, for good cause, as stated
in the record.
          5
        100
No. SuPP.
DEFINITIONS
CHAPTER lOL·2
RULES
OF THE
DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES
CRIMES COMPENSATION COMMISSION
CHAPTER lOL·2
DEFINITIONS
subsection 960.04(2), Florida Statutes, means
Definitions 10L·2.01
persons living together in a cooperative or
Definitions 10L·2.02
interdependent relationship in the same dwelling,
and is not limited to relationships established by
in lOL·2.01 Definitions. The definitions
blood or marriage.
Florida Statutes, are hereby sections 960.03,
(4) "Personal physical injury" means injury to
incorporated by reference.
the body sustained as a direct result of a crime.
Law Implemented FS.
960.06(1)(b)
Specific Authority
(5) "Replacement services" are purchased
12-5·78.
FS. History-New
    960.03
services necessary to maintain a household or to
provide personal care, which services would orinarily
be performed without charge by the victim or
intervenor.
Definitions. The following lOL·2.02
(6) A "resident" is one who maintains his or
in construing additional definitions shall apply
her primary dwelling in Florida, with no present
960, Florida Statutes: Chapter
inten tion of removing therefrom. Residency is
of a completed (1) A "claim" consists
governed by a person's intent, as evidenced by all
furnished by the Commission along application form
surrounding facts and circumstances. Military
the information and documents required by with
personnel permanently stationed in Florida shall be
must be filed on an official Rule lOL·5.01. Claims
dee me d residents. Persons who are prest-nL in
application form.
Florida for substantial periods of time on a
(2) A "crime" shall include any felony or
recurring or seasonal basis shall be presumed to be
under the criminal laws of misdemeanor punishable
residents of Florida during the time of their
of the Florida occurring within the boundaries
presence, unless a contrary intent is shown.
defined in subsection 960.03( 3), State, as further
(7) A "victim," as the term is used in these
an act Florida Statutes. A crime shall also include
rules, shall refer to both victims and intervenors.
laws of Florida, if of juvenile delinquency under the
FS. Law Implemented
960.06(1)(b)
Specific Authority
would be a crime if committed by an adult. the act
FS. IIistory-·Ncw
960.03(1)(3), 960.04(2)(c), 960.08
used in (3) "Household", as that term is
12·5·78.
          3
SuPP. No. 100
ORGANIZATION AND PURPOSE
CHAPTER lOL·l
RULES
OF THE
DEPARTMENT OF HEALTH
AND REHABILITATIVE SERVICES
CRIMES COMPENSATION COMMISSION
CHAPTER lOL·l
ORGANIZATION AND PURPOSE
Department of Health and Rehabilitative Services,
Purpose 10L·1.01
but is autonomous and not subject to the
Composition 10L·1.02
supervision, direction or control of the Department.
Agency Head 10L·1.03
(2) The staff of the Commission shall consist
Quorum 10L-1.04
of an Executive Director selected by the
Description of Agency 10L-1.05 General
Operations Organization and Commission, and such administrative, secretarial,
10L-1.06 General Information
and investigative personnel as are determined
clerical
of Records 10L-1.07 Confidentiality
to be necessary to carry out the Commission's
purposes. The Executive Director shall be the chief
The Crimes Compensation 10L·1.01 Purpose.
administrative employee, and shall have supervisory
created to administer the crime Commission was
duties over support staff.
Specific Authority 120.53(1) FS. Law Implemetned
compensation program created by the Florida victim
960.05(1)(2). 960.06(1)(a) FS. History-New 12-5-78.
Chapter 960, F.S. The Crimes Compensation Act,
Commission's powers and duties include making
lOL-l.06 General Information.
awards to alleviate financial hardship for the
(1) The Commission is located at
innocent victims of crime, providing a forum to
Montgomery Building, Suite 201, 2562 Executive
determine claims under the Act, providing hear and
Center Circle East, Tallahassee, Florida 32301. Mail
review of disputed claims by the full Commission,
sent to this address, and
be
the Commission may to
and administering the rund created for the payment
the Commission's telephone number is (904)
these claims. of
488-0848. Office hours are 8:00 a.m. to 5:00 p.m.,
Implemented Specific Authority 120.53(1) FS. Law
Monday through Friday, except for state holidays.
History-New 12-5-78. 120.53(1) FS.
2) Commission records which are public
(
records under the Florida Public Records Law,
The Crimes 10L·1.02 Composition.
Chapter 119, Florida Statutes, and which are not
Compensation Commission is composed of three
confidential, are open to public inspection during
to
members appointed by the Governor subject
office hours. Persons wishing to obtain copies of
the Senate. One of the members confirmation by
such records may request the same in writing from
be designated Chairman. Members of the shall
the Commission office.
of 4 years, except Commission shall serve for terms
(
3) Meetings of the full Commission are
shall serve for terms that members [jrst appointed
governed by the provisions of section 286.011.
and 2 years respectively. of 4, 3
Florida Statutes, commonly known as the
Law Implemented Specific Authority 120.53(1) FS.
"Sunshine Law." Persons may receive notice of such
12-5-78. 960.05(1) FS. History-New
meetings by requesting same in writing from the
10L·l.03 Agency Head. The agency head is
Commission's office. Meetings shall be held at the
Commission. the entire
Commission's office unless otherwise provided in
Law Implemented Specific Authority 120.53(1) FS.
the notice.
12-5-78. 120.53(1) FS. History-New
Specific Authority 120.53(1) FS. Law Implemented
120.53(1), 119.07. 286.011 FS. History--New 12-5-78.
Two members of the 10L-1.04 Quorum.
a quorum necessary to Commission shall constitute
10 L·l. 0 7 Confidentiality of Records. The
in those instances where a transact business, except
to
considers the following documents Commission
single
act member has statutory or rule authority to be confidential:
When only two members of the Commission alone.
(1) Documents submitted by a claimant
to are present, however, and they disagree on action
which relate to medical treatment;
until all postponed
be
shall taken, such action
be
(2) Law enforcement investigatory reports the
members are present. three Commission release of which could impede law enforcement; and
(3) Other documents the confidentiality of
Law Implemented Specific Authority 120.53(1) FS.
12-5-78. 120.53(1),960.09(1) FS. History-New
which is protected by law. The Commission will not
consider such documents as public records or permit
Description of Agency 10L-1.05 General
their release unless ordered to do so by a court.
and Operations. Organization
Specific Authority 960.06(1)(b) FS. Law Implemented
458.16. 960.15 FS. History-New 12-5-78.
The Commission is located within the (1)
          1

				
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