Florida Administrative Code (Last Updated: November 11, 2024) |
1. Department of State |
D1. Departmental |
1-1. Rulemaking |
1Definitions as used in Rule Chapter 1-1, F.A.C.
9(1) “Amended Rule” means a rule which is being or has been altered by adding, deleting or rephrasing text currently published in the Florida Administrative Code.
35(2) “Coding” is a method by which rule text is underlined to indicate that text is new and stricken through to indicate that text is deleted.
61(3) “File for Adoption” means delivery of a signed certification packet to and acceptance by an official in the Administrative Code and Register Section who is authorized to file official rulemaking documents.
93(4) “General Notice” means any notice published in the Florida Administrative Register not defined as a “Rule Notice.”
111(5) “Law Implemented” means the language of the enabling statute being carried out or interpreted by an agency through rulemaking.
131(6) “Proposed Rule” 134is a rule which is not yet adopted, but is currently undergoing rulemaking.
147(7) “Promulgate” is the formal term used to refer to the rulemaking process authorized by Chapter 120, F.S.
165(8) “Repealed Rule” is a rule which has been or is currently being revoked or rescinded.
181(9) “Rule Certification Form” is the form signed by the person authorized to certify that the agency has complied with the statutory time limitations, that all rulemaking requirements have been met and that there is no administrative determination pending on the rule being filed for adoption.
227(10) “Rule Chapter” refers to a number that identifies a major group of similar rules relating to a particular function within a division, within a major activity of an agency or within an agency included in a group of closely related agencies sharing the same title number. For example, “1-1” is a rule chapter which contains several individual rules of the Department of State, relating to a particular function.
296(11) “Rule Notice” refers to a Notice of Rule Development, Notice of Proposed Rulemaking, Notice of Intent to Adopt a Rule, Notice of Change, Notice of Withdrawal, Notice of Correction or a Notice of Emergency Rules.
332(12) “Rule Number” is the entire rule number comprised of the title number, the chapter number, the decimal point with at least three digit identification number.
358(13) 359“Rule Title” is the description of the rule which sufficiently indicates its content.
372(14) “Rulemaking” 374means the adoption, amendment or repeal of a rule.
383(15) “Rulemaking Authority” means the statutory language that explicitly authorizes or requires an agency to adopt, develop, establish, or otherwise create any statement coming within the definition of the term rule. (Notice: prior to July 1, 2008, this term was “Specific Authority.” In the history notes for rules promulgated after the effective date of this rule, the term “Rulemaking Authority” should be used rather than “Specific Authority.” History notes for rules promulgated prior to the effective date of this rule, using “Specific Authority,” shall remain undisturbed, until and unless such rules are amended.)
477(16) “Sub-unit” means a subsection, paragraph, subparagraph or sub-subparagraph of a rule.
489(17) “Title Number” is the number assigned to each agency or closely related group of state agencies by the Department of State.
511(18) “Transferred Rule” is a rule which has been renumbered and relocated from one rule chapter to another, with no changes in the text of the rule. The history note of the transferred rule includes the former rule number.
550Rulemaking Authority 552120.55(1)(c) FS. 554Law Implemented 556120.55(1)(c) FS. 558History–New 9-2-93, Amended 4-1-96, Formerly 5631S-1.0015, 564Amended 3-8-09, Formerly 5671B-30.0015, 568Amended 10-1-12.