To provide a procedure to file adoption packets and provide requirements for incorporating material by reference in agency rules.

 

DEPARTMENT OF STATE

RULE NO.:RULE TITLE:

1-1.013Materials Incorporated by Reference

PURPOSE AND EFFECT: To provide a procedure to file adoption packets and provide requirements for incorporating material by reference in agency rules.

SUMMARY: This amendment will clarify the requirement for agencies to ensure material incorporated by reference is active at any links included in rules, clarifies the size of files allowed to be transmitted, and provides certification language for material incorporated by reference into emergency rules.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this 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 not been prepared by the Agency.

The Agency has determined that the proposed rule 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: The Department used a checklist to conduct an economic

analysis and determine if there is an adverse impact or

regulatory costs associated with this rule that exceeds the

criteria in section 120.541(2)(a), F.S. Based upon this analysis,

the Department has determined that the proposed rule is not

expected to require legislative ratification.

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

RULEMAKING AUTHORITY: 20.10(3), 120.54(1)(i)6, 120.55(1)(c) FS.

LAW IMPLEMENTED: 120.54(1)(i), 120.55, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anya Owens, Program Administrator, Florida Administrative Code and Register, Florida Department of State, Room 701 The Capitol, 400 South Monroe Street, Tallahassee, FL 32399. Tel: [phone]. Email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1-1.013 Materials Incorporated by Reference.

(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 120.52(16), F.S., and is generally available to affected persons may be incorporated by reference in a rule adopted pursuant to Section 120.54, F.S., and Rule 1-1.010, F.A.C.

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

(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.

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

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

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

(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. Therefore, to maintain the integrity of the rule, material incorporated by reference shall not contain active links to websites whose contents are subject to change outside of the rulemaking process. Any substantive amendments to material incorporated by reference must be promulgated under the rulemaking provisions of Section 120.54, F.S., in 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 1-1.010(10), F.A.C.

(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.

(5)(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 www.flrules.org, no later than three (3) business days prior to the rule adoption. Electronically filed materials may not exceed 100 MB 10MB per submission. An agency may file material in parts to comply with the 100 MB 10MB 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 1-1.010, F.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.

(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 (29 U.S.C. s. 794d., Federal Electronic and Information Technology Accessibility and Compliance Act).

(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:

Florida Department of State

Florida Administrative Code and Register

R.A. Gray Building

500 South Bronough Street

Tallahassee, Florida 32308

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

CERTIFICATION OF MATERIALS INCORPORATED

BY REFERENCE IN RULES FILED WITH THE DEPARTMENT OF STATE

I hereby certify pursuant to Rule 1-1.013, Florida Administrative Code, that materials incorporated by reference in Rule _______ have been:

[ ] (1) Filed through the Department of State’s e-rulemaking website at www.flrules.org. Electronically filed with the Department of State.

[ ] (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 below electronically, a true and complete paper copy of the incorporated materials has been provided to the Department of State as outlined in 1-1.013(5)(c), F.A.C. are attached to this certification for filing. Paper Copies copies of the incorporated materials below may be obtained at the agency by [include address(es)/location(s)].

 

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

Under the provisions of Section 120.54(3)(e)6., F.S., the 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.

 

 

____________________________________

Signature, Person Authorized to Certify Rules

 

____________________________________

Title

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

CERTIFICATION OF MATERIALS INCORPORATED

BY REFERENCE IN EMERGENCY RULES FILED WITH THE DEPARTMENT OF STATE

I hereby certify pursuant to Rule 1-1.013, Florida Administrative Code, that materials incorporated by reference in Emergency Rule _______ have been:

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

[ ] (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 1-1.013(5)(c), F.A.C.

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

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

Under the provisions of Section 120.54(4)(d), F.S., the 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.

____________________________________

Signature, Person Authorized to Certify Rules

 

____________________________________

Title

(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.

(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 Register.

Rulemaking Authority 20.10(3), 120.54(1)(i)6., 120.55(1)(c) FS. Law Implemented 120.54(1)(i), 120.55 FS. History–New 5-29-80, Formerly 1-1.04, Amended 9-13-98, Formerly 1S-1.005, Amended 3-8-09, 1-1-11, Formerly 1B-30.005, Amended 5-16-21, _______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Anya Owens, Program Administrator, Florida Administrative Code and Register, Florida Department of State.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Laurel M. Lee, Secretary of State

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 05, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 31, 2021