Title: Rules of the Department of State Division of Elections Bureau of Administrative Code
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Permanent Link: http://ufdc.ufl.edu/UF00052747/00001
 Material Information
Title: Rules of the Department of State Division of Elections Bureau of Administrative Code
Alternate Title: Rules of the Department of State Division of Elections Bureau of Administrative Code, Chapter 18-1. Rulemaking. Filed with Secretary of State
Physical Description: 7p.
Language: English
Publication Date: May 9, 1980
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 18 ( SF Rules, Standardization of Numbering ), Item 13
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052747
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

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RULES


OF THE


DEPARTMENT OF STATE


DIVISION OF ELECTIONS


BUREAU OF ADMINISTRATIVE CODE


CHAPTER 1S-1


RULEMAKING


1S-1.001 Numbering System Co
1S-1.002 Style and Form for Filing Rules; Certification; -- 4-
Accompanying Materials <"
1S-1.003 Florida Administrative Weekly -n
1S-1.004 History Notes and Legal Citations -4
1S-1.005 Publication by Reference 4 C=
1S-1.006 Agency Rule Reprints
1S-1.007 Uniform Indexing Procedures
1S-1.008 Noncompliance


1S-1.001 Numbering System.

(1) A decimal numbering system similar to that used in the Florida Statutes shall be used to designate
all rules filed with the Department of State.
(2) Each rule number shall be preceded by the title number assigned to each state agency or closely
related group of state agencies by the Department of State. (Example: The title number assigned to the
Department of General Services is 13).
(3) If more than one major activity exists within an agency an uppercase letter shall be added fo the
title number to distinguish the different activities. Individual agencies within a group of closely related

agencies sharing a title number shall also be designated by an uppercase letter following the title number.
Letters added to title numbers are considered a part of the title number. (Example: Department of General
Services adding to title number 13 the letters A, B, etc., so that they read 13A, 13B, etc.).
(4) If a unit of government which has independent rulemaking authority performs a function within a
major activity of an agency oc is a part of an individual agency which is one of a closely related group of
agencies sharing a common title number, the title number and letter shall be followed by an Arabic numeral
which shall be part of the title number.
(5) If more than one function exists within a major activity of an agency or within an agency included
in a group of closely related agencies sharing a title number, a separate chapter number shall be used to
designate rules applicable to each function. (Example: 13A-1 and 13A-2, or 17-1 and 17-2).
(6) A decimal point shall follow each chapter number and the digits following the decimal point shall
indicate the individual rule sections within the chapter. (Example: 13A-1.04).
(7) Units and sub units of sections are numbered as follows:
(a) Subsections by an Arabic numeral in parentheses.
(b) Pararaphs within a subsection by a lowercase letter in parentheses.
(c) Subparagraphs within a paragraph b'y an Arabic numeral followed by a decimal point.
(d) Sub-subparagraphs within a paragraph by a lowercase letter followed by a decimal point.
(8)(a) All rules submitted for filing shall be numbered by the adopting agency in accordance with the
provisions of this rule, however, the Department of Sfate nav. upcn ^_ropernotification, change the number
of any rule or any part of a rule when the change is needed to preserve the overall integrity of the
numbering system used in rthe Florida Administrative Code.

(b) An aency may reassign numbers of repealed or transferred sections to sections subsequently promulgated

that address substantially the same subject matter as the repealed or transferred sections. The Department will noc,
however, accept numeral assignments that do not preserve the accuracy and clarity of the numbering system.












(9) The following basic title numbers are assigned to the corresponding agencies:


1. Department of State 9
2. Department of Legal Affairs
3. Department of Banking and Finance
4. Department of Insurance
5. Department of Agriculture and Consumer Services
6. Department of Education
7. Department of Business Regulation
8. Department of Commerce
9. Department of Community Affairs
10. Department of Health and Rehabilitative Services
11. Department of Law Enforcement
12. Department of Revenue
13. Department of General Services
14. Department of Transportation
15. Department of Highway Safety and Motor Vehicles
16. Department of Natural Resources
17. Department of Environmental Regulation
18. Board of Trustees of the Internal Improvement Trust Fund
19. State Board of Administration
20. Department of Citrus
21. Department of Professional Regulation ,
22. Department of Administration
23. Parole and Probation Commission
24. Pardon Board
25. Public Service Commission
26. A-sessment Administration Review Commission
27. Executive Office of the Governor
28. Administration Commission
29. Regional Planning Agencies
30. Regional Transportation Authorities
31. Loxahatchee River Environmental Control District
32. State Fair Authority
33. Department of Corrections
34. Commission on Ethics
35. Metropolitan Plannming Organizations
36. Englewood Water District
37. Advisory Council on Inter-Governmental Relations
38. Department of Labor and Employment Security
39. Game and Fresh Water Fish Commission
40. Water Management Districts

Specific Authority 120.55(I)(d) FS. Law Implemented 120.55(1)(d) FS. History-New Previously numbered
1-1.01.


1S-1.002 Style and Form for Filing Rules; Certification; Accompanying Materials.
(1) Due to the Department's use of optical scanning equipment, one of the three copies of a proposed
new rule or an amendment to an existing rule which is to be published in the Florida Administrative Code
pursuant to Section 120.54(11)(b), Florida Statutes, shall be an original, typed with an Optical Character

Reconition (OCR), (Printing and Publishing No. 3), typing element, on white non-watermarked, a-size
I (8A x 14) paper, ouble spaced, without corrections. Margins of at least one inch shall be left at the top and
bottom and on each side of the page. Provided, that upon receipt of a statement signed by the agency head
showing good cause for the inability to comply with the requirements of this subsection, the department
may accept the original of a proposed new rule or an amendment to an existing rule in the same format as
required in Subsection (2).














(2) The two additional copies required by law shall be typed on one side of legal-size paper, double
spaced. Amendments to an existing rule must be coded by underlining added material and striking through
material deleted.

(3) Emergency rules and rules which repeal existing rules are not optically scanned and an OCR original is
not required. Three legal-size copies are required. Rules which repeal existing rules shall contain the words, "The
following rules are hereby repealed:" followed by the number of the rule or rules being repealed and the complete
text of each repealed rule with a diagonal line drawn through the text. The text of repealed rules may be provided
by making a copy of the rule as it appears in the Florida Administrative Code.

(4) The adopting agency shall submit a catchline for each rule section to follow the section number.
The catchline is not part of the substantive language of the section and may be altered by the Department
of State if it does not sufficiently indicate the content of the section to make it useful for indexing
purposes. Section numbers with catchlines will be listed at the beginning of each rule chapter.

(5) The three required copies of a proposed rule shall be accompanied by a single certification on
Form FAC 1 or FAC 2. Separate certificates shall be filed for each rule chapter affected.
(a) FAC 1: To be used for filing all adoptions, amendments or repeals of all rules except emergency
rules.




CERTIFICATION OF


ADMINISTRATIVE RULES FILED WITH THE DEPARTMENT OF


STATE


I do hereby certify:
1. That there is no administrative determination pending on any rule covered by this certification.
2. That the time limits prescribed by subsection 120.54(11)(b), Florida Statutes, have been complied
with.
3. That attached are three true and correct copies of each rule covered by this certification which is
hereby adopted by the undersigned agency by and upon its filing with the Department of State.



Agency

Date Approved


Rule No. Specific Law Being
Rulemaking Implemented,

Authority Interpreted or
Made Specific

Under the provision of Section 120.54(12)(a) this rule takes effect 20 days from the date filed with the

Department of State unless a later date is set out below:
Effective(Month) (Day) (Year)




Signature, Person Authorized to Certify Rules


(SEAL) Tit!e

Number o0 Pages Certified












(b) FAC 2: To be used for filing emergency rules.


CERTIFICATION OF



EMERGENCY RULES FILED WITH THE DEPARTMENT OF



STATE

4 r
I hereby certify that an immediate danger to the public health, safety or welfare requires emegency.action

and that the attached rule is necessitated by the immediate danger. I further certify that the procedures used

in the promulgation of this emergency rule were fair under the circumstances and that the rule otherwise

complies with Subsection 120.54(9), Florida Statutes. The adoption of this rule was authorized by the head

of the agency on the date shown below and this rule is hereby adopted upon its filing with the Department

of State.




Agency



Date Authorized



Rule No. Specific Law Being

Rulemaking Implemented,

Authority Interpreted or
Made Specific



Under the provision of Section 120.54(9)(d), this rule takes effect upon filing unless a later time and date,

not to exceed 20 days from filing, is set out below:
Effective ----
(Time) (Month) (Day) (Year)
Effective



Signature of Person Authorized to Certify Rules


Title
(SEAL)
Number of Rule Pages Certified



(6) In addition to the certification forms, certain materials are required by section 120.54, Florida
Statutes, to be filed with each rule.

(a) For emergency rules, these materials are:
1. A statement of the specific facts and reasons for finding an immediate danger to the public health,

safety and welfare, and
2. A statement of the agency's reasons for concluding that the procedure used is fair under the
circumstances.

(b) For non-emergency rules these additional required materials are:
1. A summary of the rule,
2. A summary of any hearings hold on the rule,
3. A detailed written statement o" the facts and circumstances justifying the rule, and
4. The history" notes required by rule number 1S-1.004.

Specific Authority 120.53(1)(d) FS. Law Implemented 120.54(9), 120.54(11)(b), 120.54(12), 120.55(1)(d) FS.
History-New Previously numbered 1-1.02.













1S-1.003 Florida Administrative Weekly.

(1) The Florida Administrative Weekly (FAW) is published each Friday of the year except those

Friday which are observed as official state holidays designated by section 110.117, F.S. When Friday is
observed as a holiday, publication shall be on the last working day of the week in which the Friday holiday
is observed. When any Wednesday, Thursday or Friday is a holiday, all material to be published in the
Florida Administrative Weekly for that week must be received by the Department of State by 12:00 Noon

Monday of the week of publication. At all other times, the deadline for receipt of material by the
Department of State shall be 12:00 Noon Wednesday of the wee~lof publication.

(2) All material to be published in the FAW shall be submitted as an original, typed whenever possible with
an Optical Character Recognition (OCR), (Printing and Publishing No. 3), typing element, on white non-watermarked,
letter-size (81/ x 11) paper, double spaced, without correction and one copy thereof. Margins of at least one inch
shall be left at the top and bottom and on each side of the page.

(3) The following format shall be used for notices of proposed non-emergency rulemaking:


This format may be modified to delete the words "If requested within 14 days" if the agency intends to

conduct a hearing whether or not requested, or to delete the reference to a hearing if no hearing is required
on the rule.

NAME OF AGENCY: Rule No.

RULE TITLE:

SUMMARY:


RULEMAKING AUTHORITY LAW IMPLEMENTED:

SUMMARY OF THE ESTIMATE OF ECONOMIC IMPACT OF THE RULE:

IF REQUESTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE
TIME, DATE AND PLACE SHOWN BELOW:


A COPY OF THE PROPOSED RULE OR THE ECONOMIC IMPACT STATEMENT MAY BE OBTAINED BY

CONTACTING:


(4) The following format shall be used for notices of proposed emergency rules:

NAME OF AGENCY: Rule No.

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC, HEALTH, SAFETY OR

WELFARE:

REASONS FOR CONCLUDING THAT THE PROCEDURE USED IS FAIR UNDER THE CIRCUMSTANCES:

SUMMARY OF THE RULE:

A COPY OF THE EMERGENCY RULE MAY BE OBTAINED BY CONTACTING:


THIIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A

LATER TIME AND DATE IS STATED BELOW.

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

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

are invited: D)ATE AND TIME:










DATE AND TIME:

PLACE:

GENERAL SUBJECT MATTER TO BE CONSIDERED:


A copy of the agenda may be obtained by contacting:

(6) The following format shall be used to give 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.

(7) The following format shall be used to give notice of the disposition 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 the (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)

(8)(a) The following format shall be used to give 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.)

(b) If the rule declared invalid is a proposed rule, the rule number inserted in the notice shall be

prefixed by the word "proposed."

(9) A notice submitted for publication in the Florida Administrative Weekly may be cancelled if a

written request for cancellation is received by Department of State before 5:00 p.m. Wednesday ofthe week

of publication. The notice will either be removed from the publication or will appear with the word,

"CANCELLED" superimposed on it.

Specific Authority 120.53(1)(b), 120.55(l)(d) FS. Law Implemented 120.53(1)(b), 120.54, 120.56(3) FS.

History-New Previously numbered 1-1.021.


1S-1.004 History Notes and Legal Citations.

(1) Each proposed rule shalil be followed by a statement of the ruiemaking authority authorizing the

rule and a statement of the law being implemented, stated separately.

(2) History notes following all rules published in the Florida Administrative Code shall consist of:

(a) The effective date of the rule.

(b) The effective date of each amendment.

(c) When applicable, a statement that the Joint Administrative Procedures Committee has objected to

the rule and the date of the issue of the Florida Administrative Weekly in which notice of the committee's

objection appears.

(d) A reference to any previous rule number the rule may have had.

Specific Authority 120.55(1)(d) FS. Law Implemented 120.54(7), 120.55(1)(e) FS. History-New------- -

Previously numbered 1-1.03.


1S-1.005 Publication by Reference.

(1) Any ordinance, standard, specification or similar material may be published by reference in a rule

subject to the following conditions:
(a) The material shall be generally available to affected persons.

(b) The material shall be published by a governmental agency or a generally recognized professional

organization.
S(2) T'he agency publishing material by reference shall file with the Department of State a correct and

complete copy of the referenced material with an attached certification page which shall state a description
of the referenced material and specify the rule to which the referenced material relates.

(3) Any amendment to material published by reference must be promulgated under the rulemaking

provisions of Section 120.54, Florida Statutes, in order for the amended portions to be validity incorporated.


6.














Specific Authority 120.54, 120.55(l)(d) FS. Law implemented 120.55(1)(d) FS. History-New Previously

numbered 1-1.04.



1S-1.006 Agency Rule Reprints. An agency may purchase reprints of its rules through the Department

of State by submitting, in triplicate, an agency rule reprint form as provided by the Department. All

inquiries concerning the reprints should be directed to the printer, whose name appears on the reprint form.

Specific Authority 120.55(1)(d) FS. Law Implemented 120.55(2) FS. History-New Previously numbered 1-1.05.



1S-1.007 Uniform Indexing Procedures.

(1) Each agency must establish and maintain a two-part index of its rules which will be similar to the

indexes of the Florida Statutes:

(a) Part I will consist of an alphabetical subject-matter index of all chapter titles, headings and
... i 11 -- --

numbers thereunder. The chapter title and chapter heading must appear in bold letters at the left margin.

The index should conform to the following example:



HEALTH AND REHABILITATIVE SERVICES

ADMINISTRATIVE SERVICES, Chapter 10A

Drug Abuse Programs, 10A-2; 10A-3; 10A-4; 10A-5; 10A-6 and 10A-9

Grants, 10A-7

Practice and Procedure, 10A-1

Voluntary Treatment, 10A-8 '

(b) Part II will consist of a numerical listing of all chapter numbers in bold letters in the left margin

with an alphabetical listing of the sections contained in the chapter followed by the appropriate citation.

The index should conform to the following example:



Chapter 10A-1, PRACTICE AND PROCEDURE

Administrative determination of the validity of proposed rules, 10A-1.29

Agenda of meetings and workshops, 10A-1.01

Contents of notice, 10A-1.24

Emergency meetings and workshops, 10A-1.12

Emergency rule hearings, 10 A-1.23

Generally, 10A-1.20

Notice of meetings, 10A-1.10

(2) Each agency will establish and maintain a separate index of its orders. The indexing of orders may

be accomplished by complying with the requirements as set forth in Section 120.53(4), Florida Statutes.

Specific Authority 120.53 FS. Law Implemented 120.53(2) and (4), 120.55(1)(b) FS. History-New Previously

numbered 1-1.06.



1S-1.008 Noncompliance. In the event an agency fails to comply with the requirements of this

chapter, the Department of State will not accept the proposed rules for filing.

Specific Authority 120.55(1l(d) FS. Law Implemented 120.54(11)(b), 120.55(il)(d) FS. History-New ,

Previously numbered 1-1.07.





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