The purpose of this amendment is to provide a procedure to file adoption packets electronically and to clarify which documents must be included in the certification packets for rules, including emergency rules, and update ....

 

DEPARTMENT OF STATE

RULE NOS.:RULE TITLES:

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

1-1.013Materials Incorporated by Reference

PURPOSE AND EFFECT: The purpose of this amendment is to provide a procedure to file adoption packets electronically and to clarify which documents must be included in the certification packets for rules, including emergency rules, and update incorporated by reference form.

SUMMARY: This amendment will clarify the procedure to file adoption packets electronically and which documents must be included in the certification packet for rules, including 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: Upon completion of a SERC checklist, it was determined that this rule amendment will not have a direct or indirect adverse impact on small businesses.

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, 120.54(1)(i), 120.55(1)(c) FS.

LAW IMPLEMENTED: 120.54(1)-(4), 120.55 FS.

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: Colleen O'Brien, Florida Department of State, 500 S. Bronough St., Tallahassee, FL 32399, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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) Rules shall be filed by emailing adoption packets to [e-mail]. Filing hours are 12:00 a.m. to 11:59 p.m.. Administrative Code and Register (ACR) staff will review the adoption packets during normal business hours. A rule is deemed filed when a complete and correct adoption packet is received in the email address above.

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

1. A single PDF document containing:

a 1. A cover letter designating the agency’s contact person for the rule filed for adoption. The letter shall include the contact person’s phone number, physical mailing address and email address.

b. The signed rule certification form.

c. The signed minor violation certification (form DS-FCR-6).

d. The coded text of the rule, including the legal citations and history notes.

e. A summary of the rule.

f. A detailed written statement of the facts and circumstances justifying the rule.

g. A summary of any hearings held on the rule. A summary of any hearing held on the rule shall include the time, date and place of the hearing. When no public hearing is held, the summary shall include the following statement: “No timely request for a hearing was received by the agency, and no hearing was held.”

h. If materials incorporated are filed electronically in accordance with Rule 1-1.013, F.A.C., the submitting agency shall include a copy of the email approval confirmation with the certification form required by this rule. If the agency determines that filing incorporated materials electronically will violate federal copyright laws, then the agency shall file one original certified copy of the materials incorporated by reference in accordance with Rule 1-1.013, F.A.C.

2. A Word document containing only the coded text of the rule, including legal citations and history notes.

2. One compact disc, DVD or a 3.5'' diskette containing the coded text of the rule(s).

3. If materials incorporated are filed electronically in accordance with Rule 1-1.013, F.A.C., the submitting agency shall provide a copy of the email approval confirmation with the certification form required by this rule. If the agency determines that filing incorporated materials electronically will violate federal copyright laws, then the agency shall file one original certified copy of the materials incorporated by reference in accordance with Rule 1-1.013, F.A.C.

4. One original and two copies of the following:

a. The signed rule certification form.

b. The coded text of the rule, including the legal citations and history notes.

c. A summary of the rule.

d. A detailed written statement of the facts and circumstances justifying the rule.

e. A summary of any hearings held on the rule. A summary of any hearing held on the rule shall include the time, date and place of the hearing. When no public hearing is held, the summary shall include the following statement: “No timely request for a hearing was received by the agency, and no hearing was held.”

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

1. A single PDF document containing:

a.1. A cover letter designating the agency’s contact person for the rule filed for adoption. The letter shall include the contact person’s phone number, physical mailing address and email address.

b. The signed rule certification form.

c. The signed minor violation certification (form DS-FCR-6).

d. The coded text of the rule, including legal citations and history notes.

e. A statement of the specific facts and reasons for finding an immediate danger to the public health, safety or welfare.

f. A statement of the agency’s reasons for concluding that the procedure used is fair under the circumstances.

g. If materials incorporated are filed in accordance with Rule 1-1.013, F.A.C., the submitting agency shall include a copy of the signed certification form required by this rule and include a copy of the material.

2. A Word document containing only the text of the rule, including legal citations and history notes.

2. One compact disc, DVD or 3.5'' diskette containing the coded text of the rule, if the emergency rule filed by the agency is statutorily permitted to exceed the 90-day effective period specified in section 120.54(4)(c), F.S. Emergency rules with a maximum effective period of 90 days, as permitted by section 120.54(4)(c), F.S., are not required to submit a compact disc, DVD or 3.5'' diskette containing the coded text of the rule.

3. If materials incorporated are filed electronically in accordance with Rule 1-1.013, F.A.C., the submitting agency shall provide a copy of the email approval confirmation with the certification form required by this rule. If the agency determines that filing incorporated materials electronically will violate federal copyright laws, then the agency shall file one original certified copy of the materials incorporated by reference in accordance with Rule 1-1.013, F.A.C.

4. One original and two copies of the following:

a. The signed rule certification form.

b. The coded text of the rule, including legal citations and history notes.

c. A statement of the specific facts and reasons for finding an immediate danger to the public health, safety or welfare.

d. A statement of the agency’s reasons for concluding that the procedure used is fair under the circumstances.

(2) All documents, except the cover letter, required by subsection (1), of this rule, shall be formatted as follows:

(a) Typed on white, letter-size (8 1/2'' x 11'') paper, double spaced.

(b) Margins shall be one inch at the top, bottom and on each side of the page.

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

(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) The following rule certification form shall be used in filing new, amended or repealed rules under the provisions of Section 120.54(3), F.S.:

CERTIFICATION OF (NAME OF AGENCY)

ADMINISTRATIVE RULES FILED WITH THE DEPARTMENT OF STATE

I hereby certify:

[ ] (1) That all statutory rulemaking requirements of chapter 120, F.S., and all rulemaking requirements of the Department of State have been complied with; and

[ ] (2) That there is no administrative determination under section 120.56(2), F.S., pending on any rule covered by this certification; and

[ ] (3) All rules covered by this certification are filed within the prescribed time limitations of section 120.54(3)(e), F.S. They are filed not less than 28 days after the notice required by section 120.54(3)(a), F.S.; and

[ ] (a) Are filed not more than 90 days after the notice; or

[ ] (b) Are filed more than 90 days after the notice, but not more than 60 days after the administrative law judge files the final order with the clerk or until 60 days after subsequent judicial review is complete; or

[ ] (c) Are filed more than 90 days after the notice, but not less than 21 days nor more than 45 days from the date of publication of the notice of change; or

[ ] (d) Are filed more than 90 days after the notice, but not less than 14 nor more than 45 days after the adjournment of the final public hearing on the rule; or

[ ] (e) Are filed more than 90 days after the notice, but within 21 days after the date of receipt of all material authorized to be submitted at the hearing; or

[ ] (f) Are filed more than 90 days after the notice, but within 21 days after the date the transcript was received by this agency; or

[ ] (g) Are filed not more than 90 days after the notice, not including days the adoption of the rule was postponed following notification from the Joint Administrative Procedures Committee that an objection to the rule was being considered; or

[ ] (h) Are filed more than 90 days after the notice, but within 21 days after a good faith written proposal for a lower cost regulatory alternative to a proposed rule is submitted which substantially accomplishes the objectives of the law being implemented; or

[ ] (i) Are filed more than 90 days after the notice, but within 21 days after a regulatory alternative is offered by the ombudsman in the Executive Office of the Governor.

Attached are the original and two copies of each rule covered by this certification. The rules are hereby adopted by the undersigned agency by and upon their filing with the Department of State.

Rule No(s).

 

(List in Columns)

 

Under the provision of section 120.54(3)(e)6., F.S., the rules take effect 20 days from the date filed with the Department of State or a later date as set out below:

Effective Date: ________________________

   (month) (day) (year)

 

 

	_____________________________________ Signature, Person Authorized to Certify Rules
	____________________________________ Title
	____________________________________ Number of Pages Certified

(b) The following rule certification form shall be used in filing new, amended or repealed rules under the provisions of section 120.54(6), F.S., entitled “Adoption of Federal Standards”:

CERTIFICATION OF (NAME OF AGENCY)

ADMINISTRATIVE RULES FILED WITH THE DEPARTMENT OF STATE

PURSUANT TO SECTION 120.54(6),

FLORIDA STATUTES

(ADOPTION OF FEDERAL STANDARDS)

I hereby certify:

[ ] (1) That the time limitations prescribed by section 120.54(6), F.S., and all applicable rulemaking requirements of the Department of State have been complied with; and

[ ] (2) That there is no non-frivolous objection, under section 120.54(6)(c), F.S., pending on those portions of any rule covered by this certification; and

[ ] (3) All rules covered by this certification are filed not less than 21 days after the notice required by section 120.54(6)(a), F.S.

Attached are the original and two copies of each rule covered by this certification. The rules are hereby adopted by the undersigned agency by and upon their filing with the Department of State.

 

Rule No(s).

 

(List in Columns)

 

Under the provisions of section 120.54(6)(b), F.S., the rule(s) take effect upon the date designated below (but not earlier than the date of filing):

Effective Date: ________________________

   (month) (day) (year)

 

	____________________________________ Signature, Person Authorized to Certify Rules
	____________________________________ Title
	____________________________________ Number of Pages Certified

(c) The following rule certification form shall be used in filing new, amended or repealed rules under the provisions of section 120.54(1)(i)5., F.S.:

CERTIFICATION OF (NAME OF AGENCY)

ADMINISTRATIVE RULES FILED WITH THE DEPARTMENT OF STATE

Pursuant to section 120.54(1)(i)5.,

FLORIDA STATUTES

I hereby certify:

[ ] (1) That all statutory rulemaking requirements of chapter 120, F.S., and all applicable rulemaking requirements of the Department of State have been complied with; and

[ ] (2) That there is no administrative determination under section 120.56(2), F.S., pending on any rule covered by this certification; and

[ ] (3) All rules covered by this certification are filed within the prescribed time limitations of section 120.54(3)(e), F.S. They are filed not less than 28 days after the notice required by section 120.54(3)(a), F.S.; and

[ ] (a) Are filed not more than 90 days after the notice; or

[ ] (b) Are filed more than 90 days after the notice, but not more than 60 days after the administrative law judge files the final order with the clerk or until 60 days after subsequent judicial review is complete; or

[ ] (c) Are filed more than 90 days after the notice, but not less than 21 days nor more than 45 days from the date of publication of the notice of change; or

[ ] (d) Are filed more than 90 days after the notice, but not less than 14 nor more than 45 days after the adjournment of the final public hearing on the rule; or

[ ] (e) Are filed more than 90 days after the notice, but within 21 days after the date of receipt of all material authorized to be submitted at the hearing; or

[ ] (f) Are filed more than 90 days after the notice, but within 21 days after the date the transcript was received by this agency; or

[ ] (g) Are filed not more than 90 days after the notice, not including days the adoption of the rule was postponed following notification from the Joint Administrative Procedures Committee that an objection to the rule was being considered; or

[ ] (h) Are filed more than 90 days after the notice, but within 21 days after a good faith written proposal for a lower cost regulatory alternative to a proposed rule is submitted which substantially accomplishes the objectives of the law being implemented; or

[ ] (i) Are filed more than 90 days after the notice, but within 21 days after a regulatory alternative is offered by the ombudsman in the Executive Office of the Governor.

(4) All rules covered by this certification are filed within the time limitations of section 120.54(1)(i)5., F.S., and no objection to the rules in the certification was filed with the Department by a substantially affected person with 14 days after the date of publication of the notice of intent pursuant to section 120.54(1)(i)5., F.S.

Attached are the original and two copies of each rule covered by this certification. The rules are hereby adopted by the undersigned agency by and upon their filing with the Department of State.

 

Rule No(s).

 

(List in Columns)

 

Under the provision of section 120.54(1)(i)5., F.S., the rules take effect 20 days from the date filed with the Department of State:

Effective Date: ________________________

   (month) (day) (year)

 

 

 

	____________________________________ Signature, Person Authorized to Certify Rules
	____________________________________ Title
	____________________________________ Number of Pages Certified

 

(d) The following rule certification form shall be used in filing new, amended or repealed rules under the provisions of section 403.8055, F.S.:

CERTIFICATION OF DEPARTMENT OF ENVIRONMENTAL PROTECTION

ADMINISTRATIVE RULES FILED WITH THE DEPARTMENT OF STATE

PURSUANT TO SECTION 403.8055, FLORIDA STATUTES

(ADOPTION OF FEDERAL STANDARDS)

I hereby certify:

[ ] (1) That the time limitations prescribed by section 403.8055, F.S., and all applicable rulemaking requirements of the Department of State have been complied with; and

[ ] (2) That there is no non-frivolous objection, under section 403.8055(4), F.S., pending on any rule covered by this certification; and

[ ] (3) All rules covered by this certification are filed not less than 21 days after the notice required by section 403.8055(1), F.S.

Attached are the original and two copies of each rule covered by this certification. The rules are hereby adopted by the undersigned agency by and upon their filing with the Department of State.

 

Rule No(s).

 

(List in Columns)

 

Under the provisions of section 403.8055(2), F.S., the rule(s) take effect upon the date designated below (but not earlier than the date of filing):

Effective Date: ________________________

   (month) (day) (year)

 

	____________________________________ Signature, Person Authorized to Certify Rules
	____________________________________ Title
	____________________________________ Number of Pages Certified

(e) The following rule certification form shall be used in emergency rules under the provisions of section 120.54(4), F.S.:

CERTIFICATION OF (NAME OF AGENCY)

EMERGENCY RULE FILED WITH THE

DEPARTMENT OF STATE

I hereby certify that an immediate danger to the public health, safety or welfare requires emergency action and that the attached rule is necessitated by the immediate danger. I further certify that the procedures used in the promulgation of this emergency rule were fair under the circumstances and that the rule otherwise complies with section 120.54(4), F.S. The adoption of this rule was authorized by the head of the agency and this rule is hereby adopted upon its filing with the Department of State.

 

Rule No(s).

 

(List in Columns)

 

Under the provision of section 120.54(4)(d), F.S., this rule takes effect upon filing unless a later time and date less than 20 days from filing, is set out below:

Effective Date: ________________________

   (month) (day) (year)

 

 

____________________________________

Signature, Person Authorized to Certify Rules

 

____________________________________

Title

 

____________________________________

Number of Pages Certified

(f) Rule certification form DS-FCR-6 is incorporated by reference and shall be used in filing new, amended, or repealed, or emergency 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) An agency adopting a new rule pursuant to section 120.54(3)(e), F.S., shall file the original and two a coded copy copies of the new rule with the Administrative Code and Register Section. The text of the new rule shall be coded by underlining the rule number, rule title, rule text, legal citations and history notes. Each page shall be numbered.

(5) An agency adopting an amendment to an existing rule pursuant to section 120.54(3)(e), F.S., shall file the original and two a coded copy copies of the amended rule with the Administrative Code and Register Section. Each page shall be numbered.

(a) An amended rule shall be coded as specified in subparagraph 1-1.011(3)(c)2., F.A.C.

(b) 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.

(c) If an amendment to a rule substantially rewords the rule, the rule shall be prepared and coded as described in subparagraph 1-1.011(3)(c)3., F.A.C.

(6) An agency repealing an existing rule pursuant to section 120.54(3)(e), F.S., shall file the original and two a coded copy copies of the existing rule with the Administrative Code and Register Section. Rules that repeal existing rules shall contain the words, “The following rules are hereby repealed:” followed by the rule number and title of the rule or rules being repealed and the complete text of each repealed rule with a diagonal line drawn through the entire text of the rule. The text of repealed rules shall be provided by making a copy of the rule text as it appears in the Florida Administrative Code. Each page shall be numbered.

(7) An agency adopting an emergency rule pursuant to section 120.54(4), F.S., shall file the original and two a coded copy copies of the emergency rule with the Administrative Code and Register Section. Each page shall be numbered. The text of the emergency rule shall be coded as follows:

(a) When an emergency rule’s requirements create a new rule, the emergency rule shall be coded as described in subsection (4) of this rule.

(b) When an emergency rule for the period in effect changes the requirements or text of an existing rule, it shall be coded in the same manner as an existing rule is coded pursuant to subparagraph 1-1.011(3)(c)2., F.A.C. The emergency rule shall cross-reference the existing rule number. If the change to the existing rule is substantial, it shall be coded in the same manner as described in subparagraph 1-1.011(3)(c)3., F.A.C.

(c) When an emergency rule for the period in effect supersedes or suspends in its entirety the effect or text of an existing rule, it shall be coded in the same manner as a repeal of an existing rule pursuant to subparagraph 1-1.011(3)(c)4., F.A.C., and subsection (6) of this rule. The emergency rule shall cross-reference the existing rule number.

(8)(a) If the effective date of a rule is later than 20 days after being filed, the effective date shall be stated in the rule text immediately following the final text. The effective date shall be preceded by the words, “PROPOSED EFFECTIVE DATE:”. The effective date shall also be provided on the rule certification form if the effective date of the rule is later than 20 days after being filed. The effective date of the rule will not be published in the Florida Administrative Code as part of the rule text, but will appear in the history note.

(b) If the effective date of an emergency rule is other than immediately upon filing, the effective date of the emergency rule shall be stated in the rule text immediately following the text. The effective date shall be preceded by the words, “PROPOSED EFFECTIVE DATE:”. The effective date shall also be provided on the rule certification form if the effective date of the emergency rule is other than immediately upon filing.

(9) The Administrative Code and Register Section shall reject any proposed rule filed for final adoption that does not comply with all statutory rulemaking requirements and/or the requirements of this chapter.

(10) Technical changes, such as non-substantive changes, errors in punctuation, misspellings, corrections of tense, changes of address or telephone number, or similar changes that do not affect the construction or meaning of the rule, may be accomplished by emailing [e-mail] writing a letter to the Administrative Code and Register Section. Such changes do not require notification in the Florida Administrative Register.

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, _______.

 

1-1.013 Materials Incorporated by Reference.

(1) through (4) No change.

(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 10MB per submission. An agency may file material in parts to comply with the 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. 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) No change.

(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, Amended ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Carlos A. Rey

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Laurel M. Lee

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/16/2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/13/2020