1B-30.003. Publication of Notices in the Florida Administrative Weekly (FAW) (Transferred)

(1)(a) The Florida Administrative Weekly (FAW) is published each Friday of the year except those Fridays that are observed as official state holidays designated by Section 110.117, F.S. When Friday is observed as a holiday, publication shall be on the last working day of the week in which the Friday holiday is observed.

(b) All notices to be published in the FAW must be received by the Administrative Code and Weekly Section, before 12:00 Noon Wednesday, the week prior to publication. When Wednesday, Thursday, or Friday of the week of submission is observed as a holiday, the deadline for receiving notices shall be 12:00 Noon on Monday, the week prior to publication.

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

(a) Agencies shall contact the Administrative Code and Weekly 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.

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

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

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

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

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

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

2. 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 petitioner party shall contact the agency head within 30 days.). New text inserted in an amended rule shall not immediately precede remaining text or stricken text. (Example of incorrect coding: The petitionerparty shall contact the agency head.). (Example of correct coding: The petitioner party shall contact the agency.)

a. Newly inserted subsections, paragraphs, subparagraphs or sub-subparagraphs shall be coded in the same manner as the following examples. (Example of incorrect coding: (12) or (a) 1.). (Example of correct coding: (1)(2) or (a)1.).

b. 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: petitionerarty or administratorion). (Example of correct coding: petitioner party or administrator administration). A change in capitalization is coded by adding the newly inserted letter immediately before the deleted letter. (Example of correct coding: Ppetitioner).

c. 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.

3. 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.

4. 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 FAW. 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.

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

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

(b) Text shall be left justified.

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

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

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

(a) Except when the intended action is the repeal of a rule; negotiated rulemaking undertaken pursuant to Section 120.54(2)(d), F.S.; the adoption of an emergency rule pursuant to Section 120.54(4), F.S.; or the adoption of a rule pursuant to Section 120.54(1)(i)5., 120.54(6) or 403.8055, F.S., agencies shall provide notice of the development of proposed rules by publishing a Notice of Rule Development in the FAW. 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 FAW:

 

NOTICE OF RULE DEVELOPMENT

NAME OF AGENCY

Division or Board

RULE NO.:RULE TITLE:

PURPOSE AND EFFECT:

SUBJECT AREA TO BE ADDRESSED:

RULEMAKING AUTHORITY (formerly “Specific Authority”):

LAW IMPLEMENTED:

____IF 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:

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

(or)

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

DATE AND TIME:

PLACE:

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

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

(or)

NOT AVAILABLE

(or)

AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.

(b) A Notice of Proposed Rule shall be published in the FAW before filing any rule for adoption, except emergency rules adopted pursuant to Section 120.54(4), F.S., or rules adopted pursuant to Section 120.54(1)(i)5., 120.54(6) or 403.8055, F.S. Rule 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 FAW.

NOTICE OF PROPOSED RULE

NAME OF AGENCY

Division or Board

RULE NO.:RULE TITLE:

PURPOSE AND EFFECT:

SUMMARY:

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will ___ or will not ____ have an impact on small business. A SERC has ___ or has not ___ been prepared by the agency.

Any 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.

RULEMAKING AUTHORITY (formerly “Specific Authority”):

LAW IMPLEMENTED:

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

____IF 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):

(or)

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

DATE AND TIME:

PLACE:

(or)

____IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW:

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:

THE FULL TEXT OF THE PROPOSED RULE IS:

(TEXT OF RULE)

NAME OF PERSON ORIGINATING PROPOSED RULE:

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE:

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW:

(c) A Notice of Intent to Adopt a Rule shall be published in the FAW before a rule adopted pursuant to Section 120.54(6), F.S., may be filed for adoption. Rule text shall be coded as described in subsection (3) of this rule. The following notice format shall be used:

NOTICE OF INTENT TO ADOPT A RULE

PURSUANT TO SECTION 120.54(6),

FLORIDA STATUTES

(ADOPTION OF FEDERAL STANDARDS)

NAME OF AGENCY

Division or Board

RULE NO.:RULE TITLE:

PURPOSE, EFFECT AND SUMMARY:

RULEMAKING AUTHORITY (formerly “Specific Authority”):

LAW IMPLEMENTED:

THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION 120.54(6), F.S.

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

SUBSTANTIALLY 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.

THE FULL TEXT OF THE PROPOSED RULE IS:

(d) A Notice of Intent to Adopt a Rule shall be published in the FAW before a rule adopted pursuant to Section 120.54(1)(i)5., F.S., may be filed for adoption. Rule text shall be coded as described in subsection (3) of this rule. The following notice format shall be used:

NOTICE OF INTENT TO ADOPT A RULE

PURSUANT TO SECTION 120.54(1)(i)5.,

FLORIDA STATUTES

NAME OF AGENCY

Division or Board

RULE NO.:RULE TITLE:

PURPOSE, EFFECT AND SUMMARY:

RULEMAKING AUTHORITY (formerly “Specific Authority”):

LAW IMPLEMENTED:

THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION 120.54(1)(i)5., F.S.

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

SUBSTANTIALLY 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.

THE FULL TEXT OF THE PROPOSED RULE IS:

(e) A Notice of Intent to Adopt a Rule shall be published in the FAW before a rule adopted pursuant to Section 403.8055, F.S., may be filed for adoption. Rule text shall be coded as described in subsection (3) of this rule. The following notice format shall be used:

NOTICE OF INTENT TO ADOPT A RULE

PURSUANT TO SECTION 403.8055, FLORIDA STATUTES

DEPARTMENT OF ENVIRONMENTAL PROTECTION

NAME OF AGENCY

Division or Board

RULE NO.:RULE TITLE:

PURPOSE, EFFECT AND SUMMARY:

RULEMAKING AUTHORITY (formerly “Specific Authority”):

LAW IMPLEMENTED:

THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION 403.8055, F.S.

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

SUBSTANTIALLY 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.

THE FULL TEXT OF THE PROPOSED RULE IS:

(f) A Notice of Change pursuant to the requirements of Section 120.54(3)(d)1., F.S., shall 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:

NAME OF AGENCY

Division or Board

RULE NO.:RULE TITLE:

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with Section 120.54(3)(d)1., F.S., published in Vol. ____, No._____, (date), issue of the Florida Administrative Weekly.

(Text of proposed rule changes)

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

NAME OF AGENCY

Division or Board

RULE NO.:RULE TITLE:

NOTICE OF WITHDRAWAL

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

(h) A Notice of Emergency Rule shall be published in the first available issue of the FAW 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:

NOTICE OF EMERGENCY RULE

NAME OF AGENCY

Division or Board

RULE NO.:RULE TITLE:

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

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

SUMMARY OF THE RULE:

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

THE FULL TEXT OF THE EMERGENCY RULE IS:

(TEXT OF RULE)

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

EFFECTIVE DATE:

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

NOTICE OF VARIANCE OR WAIVER

NAME OF AGENCY

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

Petitioner’s Name:

Rule No.:

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

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

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

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

NOTICE OF DISPOSITION OF VARIANCE OR WAIVER

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

Petitioner’s Name:

Date Petition Filed:

Rule No.:

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

Date Petition Published in the Florida Administrative Weekly:

General Basis for Agency Decision:

A copy of the Order may be obtained by contacting:

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

NOTICE OF PUBLIC MEETINGS, HEARINGS, OR WORKSHOPS

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

DATE AND TIME:

PLACE:

GENERAL SUBJECT MATTER TO BE CONSIDERED:

A copy of the agenda may be obtained by contacting:

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

NOTICE OF PETITION FOR DECLARATORY STATEMENT

NOTICE 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.

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

NOTICE OF DISPOSITION OF DECLARATORY STATEMENT

NOTICE 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.)

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

NOTICE OF THE INVALIDATION OF A PROPOSED
OR EFFECTIVE RULE

(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.)

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

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

Rulemaking Authority 120.55(1)(d) FS. Law Implemented 120.54(2), 120.542(6), (8), 120.55(1), (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 1S-1.003, Amended 3-8-09.