Style and Form for Filing Rules; Certification Accompanying Materials, Materials Incorporated by Reference
RULE NO.: RULE TITLE:
1-1.010: Style and Form for Filing Rules; Certification Accompanying Materials
1-1.013: Materials 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. 46 No. 251, December 29, 2020 issue of the Florida Administrative Register.
1-1.010 Style and Form for Filing Rules; Certification Accompanying Materials.
(1) through (2) No change.
(3) An agency adopting a rule shall file 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(a) The following rule certification form shall be used in filing new, amended or repealed rules under the provisions of Section 120.54(3), F.S.: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) through (f) No change.
(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, _______.
1-1.013 Materials Incorporated by Reference.
(1) through (2) No change.
(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. 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) 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 ______.
