The amendment will clarify which documents must be included in the certification packet for rules, including emergency rules, and update incorporated by reference form.

 

DEPARTMENT OF STATE

RULE NO.:RULE TITLE:

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

1-1.013Materials Incorporated by Reference

PURPOSE AND EFFECT: The amendment will clarify which documents must be included in the certification packet for rules, including emergency rules, and update incorporated by reference form.

SUMMARY: Amend rule to require the inclusion of minor violation form (DS-FCR-6) in the certification packet for all rules, including emergency rules. Revise certification of materials incorporated by reference form to address copyrighted material.

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)(j), 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: Carlos A. Rey, [phone], [e-mail], 500 S. Bronough St., Tallahassee, FL 32399.

 

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

1. through 3. No change.

4. One original and two copies of the following:

a. The signed rule certification form.

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

b. through e. renumbered c. through f. No change.

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

1. through 3. No change.

4. One original and two copies of the following:

a. The signed rule certification form.

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

b. through d. renumbered c. through e. No change.

(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 (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) through (e) No change.

(f) Rule certification form DS-FCR-6 is incorporated by reference and shall be used in filing new, emergency, amended or repealed 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) 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, XX-XX-XX.

 

1-1.013 Materials Incorporated by Reference.

(1) through (4) No change.

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

(d) The following form shall be used for certification of materials incorporated by reference:

CERTIFICATION OF MATERIALS INCORPORATED

BY REFERENCE IN RULES FILED WITH THE DEPARTMENT OF STATE

I hereby certify pursuant to Rule 1-1.013, Florida Administrative Code, that materials incorporated by reference in Rule _______ have been:

[ ] (1) Electronically filed with the Department of State.

[ ] (2) That because there would be a violation of federal copyright laws if the submitting agency filed the incorporated materials described below electronically, a true and complete paper copy of the incorporated materials are attached to this certification for filing. Paper copies of the incorporated materials below may be inspected/obtained at the agency by [include address(es)/location(s)].

List form number(s) and form title(s), or title of document(s) below:

 

 

Under the provisions of section 120.54(3)(e)6., F.S., the attached material(s) take effect 20 days from the date filed with the Department of State, or a later date as specified in the rule.

 

____________________________________

Signature, Person Authorized to Certify Rules

 

____________________________________

Title

 

(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, XX-XX-XX Formerly 1B-30.005.

 

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: 09/11/2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 08/6/2019