1-1.013. Materials Incorporated by Reference  


Effective on Wednesday, January 5, 2022
  • 1(1) Any ordinance, standard, specification, guideline, manual, handbook, map, chart, graph, report, form or instructions to forms, or other similar material that meets the definition of rule provided in Section 31120.52(16), F.S., 33and is generally available to affected persons may be incorporated by reference in a rule adopted pursuant to Section 52120.54, F.S., 54and Rule 561-1.010, 57F.A.C.

    58(2) A reference to material incorporated in a rule must include:

    69(a) Specific identification of the incorporated material, along with an effective date. Forms and their instructions should be identified by title, the form number, and effective date. In addition, incorporated forms and instructions should clearly display the form title, form number, effective date, and the number of the rule in which it is incorporated.

    123(b) A statement that the material is incorporated by reference.

    133(c) A statement describing how an affected person may obtain a copy of the incorporated material.

    149(Notice: agencies or units of government not within the Department of State may not indicate the Department of State or the Administrative Code and 173Register 174Section as the agency responsible for providing copies of incorporated materials.)

    185(3) A rule may incorporate material by reference, but only in the form that the material exists on the date that the rule is adopted. Agencies shall ensure that the content within the reference material, including links to external websites, are current and up to date. Any substantive amendments to material incorporated by reference must be promulgated under the rulemaking provisions of Section 248120.54, F.S., 250in order for the amended portions to be valid. Technical changes, those not changing the substance of the material incorporated by reference, may be made in accordance with subsection 2791-1.010(10), 280F.A.C.

    281(4) An agency may incorporate another of its own rules by reference. Unlike other incorporated materials, however, such an incorporation will automatically incorporate subsequent amendments of the incorporated rule(s), unless the agency clearly expresses a contrary intent within the rule that incorporates other rule(s). A notice of an amendment of a rule that is incorporated in another rule must explain the effect of its amendment on the rule that incorporates the rule being amended.

    355(5)356(a) Unless prohibited by federal copyright law as determined by the submitting agency, the submitting agency shall electronically file a complete and correct copy of all materials incorporated by reference in its rules through the Department of State’s e-rulemaking website at 397www.flrules.org, 398no later than three (3) business days prior to the rule adoption. Electronically filed materials may not exceed 100 MB per submission. An agency may file material in parts to comply with the 100 MB file size requirement, if the volume of material requires such partial submissions. Referenced materials may be submitted in any format. At the time the agency submits its rule certification package for adoption in accordance with rule 4691-1.010, 470F.A.C., the agency shall also provide a paper copy of the Certification of Materials Incorporated by Reference form, as provided in this rule, stating that the materials incorporated were filed electronically, but shall not provide a paper copy of the materials incorporated.

    512(b) The submitting agency is responsible for ensuring that all incorporated materials filed electronically comply with Section 508 of the Rehabilitation Act of 1973, as amended (53929 U.S.C. s. 794d., 543Federal Electronic and Information Technology Accessibility and Compliance Act).

    552(c) A submitting agency that determines that the posting of incorporated material on the Internet for public viewing would constitute a violation of federal copyright law, shall indicate this using the form for the certification of materials incorporated by reference, provided in this rule, at the time of submitting its rule certification package for adoption. The adopting agency shall also provide the addresses of locations and the manner in which a person may inspect and examine the copyrighted materials incorporated by reference in the rule. Incorporated materials that are not filed electronically shall be submitted with the paper certification form as part of the rule certification package for adoption. A rule certification package may not be filed for adoption until all copyrighted materials incorporated by reference are received in their original format by the Department of State. Copyrighted materials may be delivered in person or may be mailed to the following address:

    704Florida Department of State

    708Florida Administrative Code and Register

    713R.A. Gray Building

    716500 South Bronough Street

    720Tallahassee, Florida 32308

    723(d) The following form shall be used for certification of materials incorporated by reference in any non-emergency rule:

    741CERTIFICATION OF MATERIALS INCORPORATED

    745BY REFERENCE IN RULES FILED WITH THE DEPARTMENT OF STATE

    755I hereby certify pursuant to Rule 7611-1.013, 762Florida Administrative Code, that materials incorporated by reference in Rule _______ have been:

    775[ ] (1) Filed through the Department of State’s e-rulemaking webiste at 787www.flrules.org788.

    789[ ] (2) That because there would be a violation of federal copyright laws if the submitting agency filed the incorporated materials as described in option (1) above, a true and complete copy of the incorporated materials has been provided to the Department of State as outlined in paragraph 8381-1.013(5)(c), 839F.A.C. Copies of the incorporated materials below may be obtained at the agency by [include address(es)/location(s)].

    855List form number(s) and form title(s), or title of document(s) below:

    866Under the provisions of Section 871120.54(3)(e)6., F.S., 873the attached material(s) take effect 20 days from the date filed with the Department of State, or a later date as specified in the rule.

     

     

    898____________________________________

    899Signature, Person Authorized to Certify Rules

     

    905____________________________________

    906Title

    907(e) The following form shall be used for certification of materials incorporated by reference in any emergency rule:

    925CERTIFICATION OF MATERIALS INCORPORATED

    929BY REFERENCE IN EMERGENCY RULES FILED WITH THE DEPARTMENT OF STATE

    940I hereby certify pursuant to Rule 9461-1.013, 947Florida Administrative Code, that materials incorporated by reference in Emergency Rule _______ have been:

    961[ ] (1) Filed with the Department of State and included as part of the Emergency Rule adoption packet.

    980[ ] (2) That because there would be a violation of federal copyright laws if the submitting agency filed the incorporated materials as described in option (1) above, a true and complete copy of the incorporated materials has been provided to the Department of State as outlined in paragraph 10291-1.013(5)(c), 1030F.A.C.

    1031Copies of the incorporated materials below may be obtained at the agency by [include address(es)/location(s)].

    1046List form number(s) and form title(s), or title of document(s) below:

    1057Under the provisions of Section 1062120.54(4)(d), F.S., 1064the attached material(s) take effect upon filing with the Department of State, or a date less than 20 days thereafter if specified in the rule if the adopting agency finds that such effective date is necessary because of immediate danger to the public health, safety, or welfare.

    1111_____________________________________

    1112Signature, Person Authorized to Certify Rules

     

    1118_____________________________________

    1119Title

    1120(6) When incorporated materials are filed electronically through the Department of State’s e-rulemaking Internet website, the Department shall make the full text of incorporated materials available free for public access through an electronic hyperlink from the rule that references the material, directly to the material incorporated. Hyperlinks from rules in the Florida Administrative Code to any material other than incorporated materials are prohibited.

    1183(7) Although incorporated materials will be made available electronically on the Department of State’s e-rulemaking Internet website, incorporated materials shall not be published in the Florida Administrative Code or Administrative 1213Register1214.

    1215Rulemaking Authority 121720.10(3), 1218120.54(1)(i)6., 1219120.55(1)(c) FS. 1221Law Implemented 1223120.54(1)(i), 1224120.55 FS. 1226History–New 5-29-80, Formerly 1-1.04, Amended 9-13-98, Formerly 12331S-1.005, 1234Amended 3-8-09, 1-1-11, Formerly 12381B-30.005, 1239Amended 5-16-21, 1-5-22.