Style and Form for Filing Rules; Certification Accompanying Materials, Materials Incorporated by Reference  

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    DEPARTMENT OF STATE

    RULE NOS.:RULE TITLES:

    1-1.010Style and Form for Filing Rules; Certification Accompanying Materials

    1-1.013Materials Incorporated by Reference

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 182, September 18, 2019 issue of the Florida Administrative Register.

    1-1.010 Style and Form for Filing Rules; Certification Accompanying Materials.

    (1) An agency shall file a complete rule certification packet when filing a rule for adoption with the Administrative Code and Register Section.

    (a) A complete rule certification packet for all rules, except emergency rules, shall consist of the following:

    1. through 3. No change.

    4. One original and two copies of the following:

    a. The signed rule certification form.

    b. The signed Certification of Department of State Designation of Rule the Violation Which is a Minor Violation form (DS-FCR-6).

    cb. through e. renumbered c. through f. No change.

    (b) For emergency rules, a complete rule certification packet filed with the Administrative Code and Register Section shall consist of the following:

    1. through 3. No change.

    4. One original and two copies of the following:

    a. The signed rule certification form.

    b. The signed Certification of Department of State Designation of Rule the Violation Which is a Minor Violation form (DS-FCR-6)

    cb. through d. renumbered c. through e. No change.

    (2) No change.

    (3) An agency adopting a rule shall file the original and two copies of the rule certification form as specified in paragraphs (3)(a) through (f), of this rule. More than one rule may be listed on a rule certification form so long as the rules are from the same rule chapter, and so long as the adoption packet includes rules that were included in the same notice in the Florida Administrative Register. A separate rule certification form shall be filed for each rule chapter affected.

    (a) through (e) No change.

    (f) Rule certification form DS-FCR-6, Certification of Department of State Designation of Rule the Violation of Which is a Minor Violation, is incorporated by reference and shall be used in filing new, emergency, amended or repealed rules to certify parts of the rules the violation of which would be a minor violation pursuant to section 120.695(2)(c)3., F.S. (http://www.flrules.org/Gateway/reference.asp?No=Ref-08723, Form DS-FCR-6, effective 10-17).

    (4) through (10) No change.

    Rulemaking Authority 20.10(3), 120.54(1)(i)6., 120.54(1)(j), 120.55(1)(c) FS. Law Implemented 120.54(1)-(4), (6), 120.55, 403.8055 FS. History–New 5-29-80, Formerly 1-1.02, Amended 12-30-81, 2-9-84, 10-1-84, 11-14-85, 10-19-86, 4-10-90, 6-17-92, 10-1-96, 9-13-98, 8-23-99, 6-20-02, Formerly 1S-1.002, Amended 3-8-09, 1-1-11, Formerly 1B-30.002, Amended 10-1-12, 10-26-17, XX-XX-XX.

     

    1-1.013 Materials Incorporated by Reference.

    (1) through (4) No change.

    (5)(a) through(c) No change.

    (d) The following form shall be used for certification of materials incorporated by reference:

    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) 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 described below electronically, a true and complete paper copy of the incorporated materials are attached to this certification for filing. Paper copies of the incorporated materials below may be inspected and examined /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

     

    (6) through (7) No change.

    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.