The purpose of the revision is to clarify that no rule should be filed for adoption unless requirements of Chapter 120, Florida Statutes, and other applicable provisions have been certified as satisfied including legislative ratification if required ...  


  • Rule No.: RULE TITLE
    1B-30.002: Style and Form for Filing Rules; Certification Accompanying Materials
    PURPOSE AND EFFECT: The purpose of the revision is to clarify that no rule should be filed for adoption unless requirements of Chapter 120, Florida Statutes, and other applicable provisions have been certified as satisfied including legislative ratification if required by law. This revision is to conform to provisions in existing law that require certain agencies who propose new rules or revise existing rules that have an economic impact on small businesses to seek legislative ratification by the Florida Legislature prior to the new rule or revisions becoming effective. The Florida Legislature intended during its November 2010 special session to override the veto of SB 1565 (2010). This bill amends Chapter 120, Florida Statutes, to impose and expand the requirement for legislative ratification to any proposed new rule or revision with economic impact on small businesses as may be proposed by any agency.
    SUBJECT AREA TO BE ADDRESSED: Clarification of certification form regarding legislative ratification of agency rules.
    SPECIFIC AUTHORITY: 20.10(3), 120.54(1)(i)6., 120.54(1)(j), 120.55(1)(d) FS.
    LAW IMPLEMENTED: 120.54(1)-(4), (6), 120.55, 403.8055 FS.
    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:
    TIME AND DATE: December 13, 2010, 10:00 a.m.
    PLACE: Florida Heritage Hall, Department of State, R.A. Gray Building, 500 S. Bronough St., Tallahassee, Florida
    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Eddie Phillips, Department of State, Office of General Counsel, (850)245-6536, email: elphillips@dos.state.fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Liz Cloud, Program Administrator, Administrative Code and Weekly Section, (850)245-6271; lcloud@dos.state.fl.us, or Maria Matthews, Assistant General Counsel, Office of General Counsel (850)245-6536; mimatthews@dos.state.fl.us, Florida Department of State, R.A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399-0250

    THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.

Document Information

Subject:
Clarification of certification form regarding legislative ratification of agency rules.
Purpose:
The purpose of the revision is to clarify that no rule should be filed for adoption unless requirements of Chapter 120, Florida Statutes, and other applicable provisions have been certified as satisfied including legislative ratification if required by law. This revision is to conform to provisions in existing law that require certain agencies who propose new rules or revise existing rules that have an economic impact on small businesses to seek legislative ratification by the Florida ...
Rulemaking Authority:
20.10(3), 120.54(1)(i)6., 120.54(1)(j), 120.55(1)(d) FS.
Law:
120.54(1)-(4), (6), 120.55, 403.8055 FS.
Contact:
Liz Cloud, Program Administrator, Administrative Code and Weekly Section, (850)245-6271; lcloud@dos.state.fl.us, or Maria Matthews, Assistant General Counsel, Office of General Counsel (850)245-6536; mimatthews@dos.state.fl.us, Florida Department of State, R.A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399-0250
Related Rules: (1)
1B-30.002. Style and Form for Filing Rules; Certification Accompanying Materials