Style and Form for Filing Rules; Certification Accompanying Materials, Florida Administrative Weekly (FAW), Incorporation by Reference

DEPARTMENT OF STATE
Division of Library and Information Services

RULE NO: RULE TITLE
1B-30.002: Style and Form for Filing Rules; Certification Accompanying Materials
1B-30.003: Florida Administrative Weekly (FAW)
1B-30.005: Incorporation 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. 34 No. 50, December 12, 2008 issue of the Florida Administrative Weekly.

1B-30.002 Style and Form for Filing Rules; Certification Accompanying Materials.

(1) through (3)(a) No change.

(b) The following rule certification form shall be used in filing new, amended or repealed rules under the provisions of Section 120.54(6), F.S., entitled “Adoption of Federal Standards”: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

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(c) The following rule certification form shall be used in filing new, amended or repealed rules under the provisions of Section 120.54(1)(i)5., F.S.: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

(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 or a later date as set out below:

Effective: ________________________

                        (month) (day) (year)

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

 

(d) through (9) No change.

Rulemaking Authority 120.55(1)(d) FS. Law Implemented 120.54(3)(e)4., (6), 120.55(1)(c), 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_________.

 

1B-30.003 Publication of Notices in the Florida Administrative Weekly (FAW).

(1)(a) No change.

(2) No change.

(a) Agencies shall contact the Administrative Code and Weekly Section to designate one or more at least one agency administrator(s) to. The agency administrator manages the agency’s submissions on the e-rulemaking website. The agency administrator’s duties include managing the agency’s submissions, payment profiles, rule notices, general notices, public comments and designating the designation of rule and chapter numbers on the e-rulemaking website. In addition, the agency administrator may assign additional rulemaking roles to agency personnel. The rulemaking roles that may be assigned to agency personnel are as follows:

1. Rule Notice Editors manage the submission of rule notices, general notices and public comment received in response to rule notices. Rule Notice Editors may also designate rule and chapter numbers.

2. General Editors manage general notices and may review rule notices and public comment received in response to rule notices.

3. Notice Reviewers review rule notices, general notices and public comment received in response to rule notices.

4. Comment Managers manage public comment received in response to rule notices.

5. Comment Reviewers review public comment received in response to rule notices.

(b) No change.

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

(b) A Notice of Proposed Rule shall be published in the FAW before filing any rule for adoption, except emergency rules adopted pursuant to Section 120.54(4), F.S., or rules adopted pursuant to Section 120.54(1)(i)5.2., 120.54(6) or 403.8055, F.S. Rule text included in the Notice of Proposed Rule shall be coded as described in subsection (3) of this rule. The following format shall be used for a Notice of Proposed Rule, but only one of the alternatives listed in the hearing portion of the format should be selected for publication in the FAW.

NOTICE OF PROPOSED RULE

NAME OF AGENCY

Division or Board

RULE NO.:           RULE TITLE:

PURPOSE AND EFFECT:

SUMMARY:

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will ___ or will not ____ have an impact on small business. A SERC has ___ or has not ___ been prepared by the agency.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY (formerly “Specific Authority”):

LAW IMPLEMENTED:

____IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

____IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

(or)

____A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME:

PLACE:

(or)

____IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW:

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:

THE FULL TEXT OF THE PROPOSED RULE IS:

(TEXT OF RULE)

NAME OF PERSON ORIGINATING PROPOSED RULE:

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE:

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW:

(c) through (e) No change.

(f) A Notice of Change pursuant to the requirements of Section 120.54(3)(d)1., F.S., shall be filed when changes are made to proposed rule text. The rule text published in the Notice of Proposed Rule of the rule shall be used as the basis for coding the additional rule changes included in the Notice of Change. Coding of rule text in the Notice of Change shall be coded as described in subsection (3) of this rule. The following notice format shall be used:

NAME OF AGENCY

Division or Board

RULE NO.:           RULE TITLE:

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with Section 120.54(3)(d)1., F.S., published in Vol. ____, No._____, (date), issue of the Florida Administrative Weekly. The reason for this change (select one) (1) public hearing; (2) written material received on or before the date of the public hearing; or (3) proposed objection by JAPC.

(Text of proposed rule changes)

(g) through (j) No change.

(k) The following format shall be used for preparing notices of public meetings, hearings, or workshops:

NOTICES OF PUBLIC MEETINGS, HEARINGS, OR WORKSHOPS

The (name of agency) announces a (public meeting, hearing or workshop) to which all persons are invited:

DATE AND TIME:

PLACE:

GENERAL SUBJECT MATTER TO BE CONSIDERED:

A copy of the agenda may be obtained by contacting:

(l) The following format shall be used for notices of petitions for declaratory statements:

NOTICES OF PETITIONS FOR DECLARATORY STATEMENTS

NOTICE IS HEREBY GIVEN THAT (name of agency) ______, has received a petition for a declaratory statement from (name of petitioner). The petition seeks the agency’s opinion as to the applicability of (statute, rule or order number) as it applies to the petitioner.

(m) The following format shall be used for notices of dispositions of declaratory statements:

NOTICES OF DISPOSITIONS OF DECLARATORY STATEMENTS

NOTICE IS HEREBY GIVEN THAT (name of agency) has issued an order disposing of the petition for declaratory statement filed by (petitioner’s name) on (date of petition). The following is a summary of the agency’s disposition of the petition: (Insert a statement that the petition was denied and the reasons for the denial or that the petition was granted and set out a summary of the substance of the response.)

(n)(l)1. The following format shall be used for notice of the invalidation of a proposed or effective rule:

NOTICE OF THE INVALIDATION OF A PROPOSED

OR EFFECTIVE RULE

(name of agency) HEREBY GIVES NOTICE that a hearing officer has determined that (rule no.) is invalid. The time for filing an appeal of this decision expired (date). (If desired insert optional summary of the hearing officer’s determination.)

2. If the rule declared invalid is a proposed rule, the rule number inserted in the notice shall be prefixed by the word “proposed.”

(6) No change.

Rulemaking Authority 120.55(1)(d)(c) FS. Law Implemented 120.54(2), 120.542(6), (8), 120.55(1), (3) FS. History–New 5-29-80, Formerly 1-1.021, Amended 7-12-81, 12-30-81, 7-8-82, 2-9-84, 10-1-84, 11-14-85, 10-19-86, 4-10-90, 6-17-92, 9-2-93, 4-1-96, 10-1-96, 9-13-98, 6-20-02, Formerly 1S-1.003, Amended __________.

 

1B-30.005 Materials Incorporated by Reference.

(1) through (2) No change.

(a) Specific identification of the incorporated material, along with an effective date. Forms and their instructions should be identified by title, the form number, and effective date. In addition, incorporated forms and instructions should clearly display the form title, form number, effective date, and the number of the rule in which it is incorporated rule number in which it is incorporated within.

(b) through (5) No change.

Rulemaking Authority 120.54(1)(i)6., 120.55(1)(d) FS. Law Implemented 120.54(1)(i) FS. History–New 5-29-80, Formerly 1-1.04, Amended 9-13-98, Formerly 1S-1.005, Amended__________.