1-1.011. Publication of Notices in the Florida Administrative Register (FAR)  


Effective on Monday, October 1, 2012
  • 1(1)(a) The Florida Administrative Register (FAR) 7is published each business day of the week except those business days that are observed as official state holidays designated by Section 29110.117, F.S. 31When a business day is observed as a holiday, publication shall be on the next business day of the week.

    51(b) All notices to be published in the FAR must be received by the Administrative Code and Register Section, by 3:00 p.m. each business day to be published the next business day.

    83(2) All notices to be published in the FAR must be submitted electronically through the Department of State’s e-rulemaking website: www.flrules.org/agency/login.asp.

    104(a) Agencies shall contact the Administrative Code and Register Section to designate one or more agency administrator(s) to manage the agency’s submissions on the e-rulemaking website. The agency administrator’s duties include managing the agency submissions, payment profiles, rule notices, general notices, public comments and designating rule and chapter numbers on the e-rulemaking website.

    157(b) A billing profile shall be completed on the e-rulemaking website prior to the submission of notices for publication in the FAR.

    179(3) The following applies to all rule notices submitted for publication in the FAR:

    193(a) A single rule notice may contain more than one rule if the rules share the same chapter number.

    212(b) Rule notices shall not contain any markup revision, redlining or automatic numbering.

    225(c) All rule notices shall be coded as follows:

    2341. A new rule shall be coded by underlining all text, including spaces and punctuation. (Example: 250(1) The petitioner shall contact the agency257.)

    2582. An amended rule shall be coded by underlining new text and by striking through deleted text. New text shall appear before deleted text. The space immediately before and immediately after the new text or deleted text shall not be coded. (Example: The 301petitioner 302party 303shall contact the 306agency 307head 308within 30 days.). New text inserted in an amended rule shall not immediately precede remaining text or stricken text. (Example of incorrect coding: The 332petitioner 333party 334shall contact the agency head.). (Example of correct coding: The 344petitioner 345party 346shall contact the agency.)

    350a. Newly inserted subsections, paragraphs, subparagraphs or sub-subparagraphs shall be coded in the same manner as the following examples. (Example of incorrect coding: (37413752376) or 378(a) 3791.380). (Example of correct coding: 385(1)386(2) 387or 388(a)3891.390).

    391b. A portion of a word shall not be amended without completely striking through existing text and inserting new text unless the amendment changes the capitalization of the word. (Examples of incorrect coding: petitioner425arty 426or administrator428ion)429. (Example of correct coding: 434petitioner 435party 436or 437administrator 438administration439). A change in capitalization is coded by adding the newly inserted letter immediately before the deleted letter. (Example of correct coding: 461P462p463etitioner).

    464c. Any subsection, paragraph, subparagraph, or sub-subparagraph not being amended shall not be included and shall be noted as “No change”, unless inclusion is necessary to make the publication of the amended rule complete and meaningful.

    5003. If an amendment to a rule is so extensive that coding would hinder, rather than assist the understanding of the amendment, the notice shall only contain the underlined new text. The rule number and the existing rule title, legal citations and history note lines shall not be underlined. Amendments to the rule title, legal citations, or history notes shall be coded to indicate new or deleted text. The following directory line shall be inserted immediately before the rule number and rule title of the substantially reworded rule: “Substantial rewording of Rule __________ follows. See Florida Administrative Code for present text.” The present text of the rule shall not be included in the notice.

    6144. Rule repeals shall be coded by underlining the word “Repealed” in the history note. The full text of the rule is not required to be published in the FAR. Only a reference to the rule number, rule title, legal citations and history notes must be published, provided that the rule summary portion of the notice fully describes the subject matter of the repealed rule text. Partial rule repeals will be treated in the same manner as an amendment.

    693(4) The following applies to all notices submitted for publication in the FAR:

    706(a) Margins shall be set at 1'' at the top, bottom and sides.

    719(b) Text shall be left justified.

    725(c) The font shall be 10 point Times New Roman.

    735(d) Indents shall be set at 0.25''.

    742(5) The following templates containing the required format for notices to be published in the FAR may be accessed from the e-rulemaking website: www.flrules.com/agency/login.asp:

    766(a) Except when the intended action is the repeal of a rule; negotiated rulemaking undertaken pursuant to Section 784120.54(2)(d), F.S.; 786the adoption of an emergency rule pursuant to Section 795120.54(4), F.S.; 797or the adoption of a rule pursuant to Section 806120.54(1)(i)5., 807120.54(6) 808or 809403.8055, F.S., 811agencies shall provide notice of the development of proposed rules by publishing a Notice of Rule Development in the FAR. If the text of the rule is included in the notice, the text shall be coded as described in subsection (3) of this rule. The following notice format shall be used, but only one of the rule development workshop alternatives and one of the preliminary text alternatives shall be selected for publication in the FAR:

     

    886NOTICE OF RULE DEVELOPMENT

    890NAME OF AGENCY

    893Division or Board

    896RULE NO.:898RULE TITLE:

    900PURPOSE AND EFFECT:

    903SUBJECT AREA TO BE ADDRESSED:

    908RULEMAKING AUTHORITY (formerly “Specific Authority”):

    913LAW IMPLEMENTED:

    915____916IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    943____944A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    959(or)

    960____961IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER;

    987DATE AND TIME:

    990PLACE:

    991THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS:

    1011THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

    1020(or)

    1021NOT AVAILABLE

    1023(or)

    1024AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.

    1034(b) A Notice of Proposed Rule shall be published in the FAR before filing any rule for adoption, except emergency rules adopted pursuant to Section 1059120.54(4), F.S., 1061or rules adopted pursuant to Section 1067120.54(1)(i)5., 1068120.54(6) 1069or 1070403.8055, F.S. 1072Rule text included in the Notice of Proposed Rule shall be coded as described in subsection (3) of this rule. The following format shall be used for a Notice of Proposed Rule, but only one of the alternatives listed in the hearing portion of the format should be selected for publication in the FAR.

    1126NOTICE OF PROPOSED RULE

    1130NAME OF AGENCY

    1133Division or Board

    1136RULE NO.:1138RULE TITLE:

    1140PURPOSE AND EFFECT:

    1143SUMMARY:

    1144SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

    1154The agency has determined that this rule will ___ or will not ____ have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has ___ or has not ___ been prepared by the agency.

    1212The Agency has determined that the proposed rule is ____ or is not ____expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

    1252Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    1288RULEMAKING AUTHORITY (formerly “Specific Authority”):

    1293LAW IMPLEMENTED:

    1295____1296IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    1320____1321IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

    1354(or)

    1355____1356A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    1369DATE AND TIME:

    1372PLACE:

    1373(or)

    1374____1375IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR:

    1396THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:

    1406THE FULL TEXT OF THE PROPOSED RULE IS:

    1414(TEXT OF RULE)

    1417NAME OF PERSON ORIGINATING PROPOSED RULE:

    1423NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE:

    1432DATE PROPOSED RULE APPROVED BY AGENCY HEAD:

    1439DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR:

    1448(c) A Notice of Intent to Adopt a Rule shall be published in the FAR before a rule adopted pursuant to Section 1470120.54(6), F.S., 1472may be filed for adoption. Rule text shall be coded as described in subsection (3) of this rule. The following notice format shall be used:

    1497NOTICE OF INTENT TO ADOPT A RULE

    1504PURSUANT TO SECTION 1507120.54(6),

    1508FLORIDA STATUTES

    1510(ADOPTION OF FEDERAL STANDARDS)

    1514NAME OF AGENCY

    1517Division or Board

    1520RULE NO.:1522RULE TITLE:

    1524PURPOSE, EFFECT AND SUMMARY:

    1528RULEMAKING AUTHORITY (formerly “Specific Authority”):

    1533LAW IMPLEMENTED:

    1535THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION 1542120.54(6), F.S.

    1544WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO: (Name and address of contact person)

    1565SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

    1609THE FULL TEXT OF THE PROPOSED RULE IS:

    1617(d) A Notice of Intent to Adopt a Rule shall be published in the FAR before a rule adopted pursuant to Section 1639120.54(1)(i)5., F.S., 1641may be filed for adoption. Rule text shall be coded as described in subsection (3) of this rule. The following notice format shall be used:

    1666NOTICE OF INTENT TO ADOPT A RULE

    1673PURSUANT TO SECTION 1676120.54(1)(i)5.,

    1677FLORIDA STATUTES

    1679NAME OF AGENCY

    1682Division or Board

    1685RULE NO.:1687RULE TITLE:

    1689PURPOSE, EFFECT AND SUMMARY:

    1693RULEMAKING AUTHORITY (formerly “Specific Authority”):

    1698LAW IMPLEMENTED:

    1700THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION 1707120.54(1)(i)5., F.S.

    1709SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY CLERK. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

    1754THE FULL TEXT OF THE PROPOSED RULE IS:

    1762(e) A Notice of Intent to Adopt a Rule shall be published in the FAR before a rule adopted pursuant to Section 1784403.8055, F.S., 1786may be filed for adoption. Rule text shall be coded as described in subsection (3) of this rule. The following notice format shall be used:

    1811NOTICE OF INTENT TO ADOPT A RULE

    1818PURSUANT TO SECTION 1821403.8055, 1822FLORIDA STATUTES

    1824DEPARTMENT OF ENVIRONMENTAL PROTECTION

    1828NAME OF AGENCY

    1831Division or Board

    1834RULE NO.:1836RULE TITLE:

    1838PURPOSE, EFFECT AND SUMMARY:

    1842RULEMAKING AUTHORITY (formerly “Specific Authority”):

    1847LAW IMPLEMENTED:

    1849THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION 1856403.8055, F.S.

    1858WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE TO: (Name and address of contact person)

    1879SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE ENVIRONMENTAL REGULATION COMMISSION, ADMINISTRATIVE ASSISTANT, DEP, MS 35, 3900 COMMONWEALTH BLVD., TALLAHASSEE, FL 32399-2000. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

    1936THE FULL TEXT OF THE PROPOSED RULE IS:

    1944(f) A Notice of Change pursuant to the requirements of Section 1955120.54(3)(d)1., F.S., 1957shall be filed when changes are made to proposed rule text. The rule text published in the Notice of Proposed Rule shall be used as the basis for coding the additional rule changes included in the Notice of Change. Coding of rule text in the Notice of Change shall be as described in subsection (3) of this rule. The following notice format shall be used:

    2022NAME OF AGENCY

    2025Division or Board

    2028RULE NO.:2030RULE TITLE:

    2032NOTICE OF CHANGE

    2035Notice is hereby given that the following changes have been made to the proposed rule in accordance with Section 2054120.54(3)(d)1., F.S., 2056published in Vol. ____, No._____, (date), issue of the Florida Administrative Register.

    2068(Text of proposed rule changes)

    2073(g) A Notice of Withdrawal shall be used when withdrawing proposed rules. The following notice format shall be used:

    2092NAME OF AGENCY

    2095Division or Board

    2098RULE NO.:2100RULE TITLE:

    2102NOTICE OF WITHDRAWAL

    2105Notice is hereby given that the above rule, as noticed in Vol.____, No._____, (date), Florida Administrative Register has been withdrawn.


    2125(h) A Notice of Emergency Rule shall be published in the first available issue of the FAR following filing the emergency rule for adoption. Emergency rules shall be coded as specified in subsection (3) of this rule. The following notice format shall be used:

    2169NOTICE OF EMERGENCY RULE

    2173NAME OF AGENCY

    2176Division or Board

    2179RULE NO.:2181RULE TITLE:

    2183SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC, HEALTH, SAFETY OR WELFARE:

    2197REASONS FOR CONCLUDING THAT THE PROCEDURE USED IS FAIR UNDER THE CIRCUMSTANCES:

    2209SUMMARY OF THE RULE:

    2213THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

    2223THE FULL TEXT OF THE EMERGENCY RULE IS:

    2231(TEXT OF RULE)

    2234THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

    2257EFFECTIVE DATE:

    2259(i) The following format shall be used to notice a petition for variance or waiver:

    2274NOTICE OF VARIANCE OR WAIVER

    2279NAME OF AGENCY

    2282NOTICE IS HEREBY GIVEN that on (date), the (name of agency) received a petition for a variance or waiver.

    2301Petitioner’s Name:

    2303Rule No.:

    2305Nature of the rule for which variance or waiver is sought:

    2316A copy of the Petition for variance or waiver may be obtained by contacting:

    2330Any interested person or other agency may submit written comments within 14 days after the publication of this notice.

    2349(j) The following format shall be used to notice the disposition of a petition for variance or waiver:

    2367NOTICE OF DISPOSITION OF VARIANCE OR WAIVER

    2374NOTICE IS HEREBY GIVEN that on (date), the (name of agency) has issued an order.

    2389Petitioner’s Name:

    2391Date Petition Filed:

    2394Rule No.:

    2396Nature of the rule for which variance or waiver is sought:

    2407Date Petition Published in the Florida Administrative Register:

    2415General Basis for Agency Decision:

    2420A copy of the Order may be obtained by contacting:

    2430(k) The following format shall be used for preparing notices of public meetings, hearings, or workshops:

    2446NOTICE OF PUBLIC MEETINGS, HEARINGS, OR WORKSHOPS

    2453The (name of agency) announces a (public meeting, hearing or workshop) to which all persons are invited:

    2470DATE AND TIME:

    2473PLACE:

    2474GENERAL SUBJECT MATTER TO BE CONSIDERED:

    2480A copy of the agenda may be obtained by contacting:

    2490(l) The following format shall be used for notices of petitions for declaratory statements:

    2504NOTICE OF PETITION FOR DECLARATORY STATEMENT

    2510NOTICE IS HEREBY GIVEN THAT (name of agency) ______, has received a petition for a declaratory statement from (name of petitioner). The petition seeks the agency’s opinion as to the applicability of (statute, rule or order number) as it applies to the petitioner.


    2553(m) The following format shall be used for notices of dispositions of declaratory statements:

    2567NOTICE OF DISPOSITION OF DECLARATORY STATEMENT

    2573NOTICE IS HEREBY GIVEN THAT (name of agency) has issued an order disposing of the petition for declaratory statement filed by (petitioner’s name) on (date of petition). The following is a summary of the agency’s disposition of the petition: (Insert a statement that the petition was denied and the reasons for the denial or that the petition was granted and set out a summary of the substance of the response.)

    2643(n)1. The following format shall be used for notice of the invalidation of a proposed or effective rule:

    2661NOTICE OF THE INVALIDATION OF A PROPOSED
    2668OR EFFECTIVE RULE

    2671(name of agency) HEREBY GIVES NOTICE that a n administrative law judge or a court has determined that (rule no.) is invalid. The time for filing an appeal of this decision expired (date). (If desired insert optional summary of the hearing officer’s determination.)

    27142. If the rule declared invalid is a proposed rule, the rule number inserted in the notice shall be prefixed by the word “proposed.”

    2738(6) The department shall reject any notice that does not comply with the requirements specified in this rule.

    2756Rulemaking Authority 2758120.55(1)(c) FS. 2760Law Implemented 2762120.54(2), 2763120.542(6), 2764(8), 2765120.55(1), 2766(3) FS. History–New 5-29-80, Formerly 1-1.021, Amended 7-12-81, 12-30-81, 7-8-82, 2-9-84, 10-1-84, 11-14-85, 10-19-86, 4-10-90, 6-17-92, 9-2-93, 4-1-96, 10-1-96, 9-13-98, 6-20-02, Formerly 27881S-1.003, 2789Amended 3-8-09, Formerly 27921B-30.003, 2793Amended 10-1-12.

     

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