Florida Regulations 28-43.004: Initiation of an Appeal
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(1) Parties. The Petitioner shall be the Sheriff. The Respondent shall be the governing body of the county, either the board or commission.
(2) Filing the Petition. When the Sheriff files an appeal, he or she shall do so by completing Form AC-SBA 001, Petition Packet, and filing electronically with the Administration Commission. Form AC-SBA 001 is hereby incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13345. Copies of the form are available by contacting the Clerk of the Administration Commission at Office of the Governor, Room 1802, The Capitol, Tallahassee, Florida 32399-0001. The effective date of the form is 09/2021. The Sheriff shall direct the petition to the Secretary of the Administration Commission within the Executive Office of the Governor and shall serve a copy of the petition on the board or commission or the clerk of the circuit court located within the county.
(3) Filing a Response. The board or commission may file a response electronically within five working days after service. The response must set forth the budget requested by the Sheriff and the budget approved by the County, and must list (by functional category and object code) the specific changes the County made to the Sheriff’s requested budget. The response must also fully address the reasons or grounds for the appeal stated by the Sheriff. The board or commission should direct the response to the Secretary of the Administration Commission within the Executive Office of the Governor.
(4) The Secretary of the Administration Commission and his or her staff may request additional budgetary information from the current fiscal year and the two previous fiscal years including draft budgets, budget amendments, or budget meeting minutes.
Rulemaking Authority 14.202, 30.49(4)-(5) FS. Law Implemented 30.49(4)-(5) FS. History—New 8-8-21.
Terms Used In Florida Regulations 28-43.004
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
(3) Filing a Response. The board or commission may file a response electronically within five working days after service. The response must set forth the budget requested by the Sheriff and the budget approved by the County, and must list (by functional category and object code) the specific changes the County made to the Sheriff’s requested budget. The response must also fully address the reasons or grounds for the appeal stated by the Sheriff. The board or commission should direct the response to the Secretary of the Administration Commission within the Executive Office of the Governor.
(4) The Secretary of the Administration Commission and his or her staff may request additional budgetary information from the current fiscal year and the two previous fiscal years including draft budgets, budget amendments, or budget meeting minutes.
Rulemaking Authority 14.202, 30.49(4)-(5) FS. Law Implemented 30.49(4)-(5) FS. History—New 8-8-21.