The purpose of this amendment is to modify the rule certification form.

 

DEPARTMENT OF STATE

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The purpose of this amendment is to modify the rule certification form.

SUMMARY: The certification form for rule adoption will be modified to allow agencies to certify that a rule is designated as a rule the violation of which would be a minor violation pursuant to section 120.695, F.S.

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 completing an SERC checklist, it was determined that the proposed amendment will not have a direct of indirect adverse financial impact on small business.

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)(j), 120.55(1)(c) FS.

LAW IMPLEMENTED: 120.54(1)-(4), (6), 120.55, 403.8055 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: Carlos A. Rey, 500 S. Bronough St., Tallahassee, FL 32399, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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 original and two copies of the rule certification form as specified in paragraphs (3)(a) through (e) 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.

[ ] (4) It is further certified that this rule is designated as a rule the violation of which would be a minor violation pursuant to Section 120.695, 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(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) through (e): 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, _____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Carlos A. Rey

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Detzner

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 06/16/17

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 06/06/2017