Indexing, Management and Availability of Final Orders (Policy 1.011)

 
Authority: F.S. 1001.64; 120.53; FAC 1B-32.001
Date Adopted: 2/93; Revised 12/04; 01/2013
Date of Review: 05/09; 08/11

Policy

To provide public access to final orders of the Board by providing for the indexing of final orders, listing of final orders which are not indexed, and permanent retention of all final orders.

  1. Designation of the Board Clerk and Official Reporter
    1. The President is hereby designated as the Board Clerk for filing of all proceedings which are required to be filed pursuant to Chapter 120, Florida Statutes. The Clerk has the following duties:
      1. Receive, docket, and maintain all filings.
      2. Respond to requests for information or copies filings.
      3. Maintain a case accounting system.
      4. Maintain a subject index of the Board orders.
    2. The official reporter for the publication or the list of index to all final orders shall be the official reporter published by the Board. The reporter shall be the compilation of all final orders required to be indexed, listed, and published. Final orders which are listed, but not indexed and published, are maintained at the office of the Board Clerk.
  2. Public Accessibility, Inspection and Duplication.
    All Board rules, final orders, indices of final orders, and lists of final orders shall be available from the Board Clerk at the Office of the President, Administration Building, Seminole State College, 100 Weldon Boulevard, Sanford, Florida 32773-6199, for inspection during regular business hours (9 a.m. to 4 p.m.) Monday through Friday and copying at no more than cost.
  3. Final Orders Required to be Indexed.
    For the purpose of this part, final orders as defined in 120.53 F.S., which are required to be indexed pursuant to FAC 1B-32.001, shall be indexed. Final orders which do not resolve a substantial legal issue of first impression, establish for the first time a rule of law, principle, or policy; alter, modify or clarify a prior final order; resolve conflicting final orders, or harmonize decisions of appellate courts shall be listed, but not indexed.
  4. Listing of Final Orders.
    The Board Clerk shall maintain a list of all final orders excluded from indexing under Paragraph D above by name of party and final order number.
  5. Indexing and Numbering Final Orders.
    The following procedures shall be used for indexing and numbering final orders:
    1. A two-part number will be used to index and list all final orders. The first part indicates the year and the second part indicates the numerical sequence of the order for that year beginning with number 1 each new calendar year.
    2. The assigned agency prefix, "DBT-SSC", shall precede the two-part number.
    3. The Board Clerk shall maintain an alphabetical subject matter index of final orders required to be indexed. The Board shall designate the major subject headings to be used which includes as a minimum the major headings used in the Board Policy Manual. Under each subject heading, the final orders shall be listed in numerical order from low to high.
    4. The applicable order category shall be added as a suffix following the two-part number. The order categories are:
      DS - Declaratory Statement
      FIO - Final Order Informal Proceedings
      FOF - Final Order Formal Proceedings
      S - Stipulation
      AS - Agreed Settlement
      CO - Consent Order
  6. Maintenance of Records.
    All final orders that comprise final Board action and that must be indexed pursuant to this rule shall be permanently maintained by the Board pursuant to the retention schedule approved by the Department of State, Division of Library and Information Services.

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