Title: Economic Impact Statement
CITATION PAGE IMAGE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00052754/00001
 Material Information
Title: Economic Impact Statement
Alternate Title: Economic Impact Statement re: Estimate of cost and paperwork to implement the procedure of submitting rules typed in OCR readable format and eliminate the need for retyping all submissions to the Florida Administrative Weekly and the Florida Administrativ
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 5, Folder 18 ( SF Rules, Standardization of Numbering ), Item 20
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052754
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

l r rF /Fn


^ ECONOMIC IMPACT STATEMENT: MAR 17 1980


1. Estimate of cost and paperwork to implement:

The procedure of submitting rules typed in OCR readable format

will eliminate the need for retyping all submissions to the

Florida Administrative Weekly (FAW) and the Florida Administrative

Code ',AC). This time savings, along with faster correction and

update capability afforded by associated OCR equipment, will

reduce unit workload by approximately 50 percent, permitting

r faster supplementing of the Code and eliminating the need for

more positions to meet current backlogs. The Department estimates

no cost or paperwork increase to implement this action.


f^ 2. Cost or benefit to persons directly affected:

The proposed process would require the forty filing agencies to

type their submitted copy exactly as it is to appear in the FAW

or FAC, in addition to, the copy already prepared with strike

through and additions. This will require these agencies to

acquire OCR elements for typewriters. Estimating that each

Division in the forty (40) filing agencies would require two

elementsthis would cost approximately $8,676.00.


A 3. Estimate of effect on competition and open market:
\M None


4. Data and method used in above estimates:

Estimated cost to agencies directly affected:
Cost of OCR Elements

Number of filing agency Divisions 241

Estimating two elements for each

Division (2 x 241) 482 I

Total cost ($18 x 482) $8,676


Cost of preparing an additional copy:

Unknown






--








FEDERAL COMPARISON STATEMENT

A federal rule on the same subject as that covered by the

adoption of this rule does not exist.



















f.












C RULES

OF THE


DEPARTMENT OF STATE


DIVISION OF ELECTIONS


CHAPTER 1S-1


RULEMAKING


1S-1.001 Numbering System
1S-1.002 Style and Form for Filing Rules; Certification.; Accompanying Materials
S1S-1.003 Florida Administrative Weekly
v 1S-1.004 History Notes and Legal Citations
1S-1.005 Publication by Reference
1S-1.006 Agency Rule Reprints
1S-1.007 Uniform Indexing Procedures
1S-1.008 Noncompliance


V0 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 to 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 or 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
r 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). -
S(7) Units and sub units of sections are numbered as follows: '
(a) Subsections by an Arabic numeral in parentheses.
(b) Paragraphs within a subsection by a lowercase letter in parentheses.
(c) Subparagraphs within a paragraph by an Arabic numeral followed by a decimal point.
(d) Sub-subparagraphs within a paragraph by a lowercase letter followed by a decimal point.
(8) All rules submitted for filing shall be numbered by the adopting agency in accordance with the
provisions of this rule, however, the Department of State may, upon proper notification 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 the Florida Administrative Code.
(9) The following basic title numbers are assigned to the corresponding agencies:






r^










1. Department of State
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
S21. Department of Professional Regulation
22. Department of Administration
23. Parole and Probation Commission
24. Pardon Board
25. Public Service Commission
26. Assessment 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 f
32. State Fair Authority ,/ f
33. Department of Corrections /
34. Commission on Ethics I / 1 /^ '
-- 35. Metropolitan Planning Organizations /
36. Englewood Water District / /
37. Advisory Council on Inter-Governmental Relations r
38. Department of Labor and Employment Security ; .- ...
39. Game and Fresh Water Fish Commission .. ........ :
r( 40. Water Management Districts /
SSpecific Authority 120.55(1)(d) FS. Law Implementdd 120.55(1)(d) FS. History-New Previously
Snumbered 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, each proposed new rule which is to .-U.... t "
be published in the Florida Administrative Code and each amendment to an existing rule shall be typed with n^ c- ?
an OCR/B (Printing and Publishing No. 3) typing elementon letter-size, (82 x 11), white, non-watermarked_ 2A C "
paper. M rgins of at least one inch shall be left at the top and bottom and on each side of the page. This X/./^t^_6 /
letter-size opy shall set out the rule exactly as it is to appear in the Florida Administrative Code after any /i ^^f^t-'' '
amendme s are mademust be an original as material reproduced by Xerography or other reproduction '/ c /
Processes c nnot be optically scanned, and shall be filed with the Department. /.


f @ t&--
.M^ ** 4

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"* ' ,- ? ^ ^ '



(2) Two additional copip- 6f each rule shall be filed /ith the letter-size copy and shall be typed on
N one side of legal-size -piaper, double spaced, with amendments coded by underlining added material and
striking th6rou-ghl-material deleted.
(3) Emergency rules and rules which repeal eiing rules are not optically scanned and are not
required to be submitted in letter-size form. Thrbe legal-size opies are required. Rules which repeal existing
rules shall contain the words, "The following rules'are-hber'eby 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 shall not be construed as a 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)Eaeh-of he three required copies of a proposed rule shall be accompanied by a certification on
Form FAC 1 or FAC Separate certificates shall be filed for each rule chapter affected and separate 7
certifications are required for adoptions of new rules, repeals of existing rules or amendments to existing/
rules within a chapter. __. ----- --_- _
(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. Thaithe time limits prescribed by subsection 120.54(11)Uk) -Florida Statutes, have been complied
with.
3. That attached is the original wor'e-of twd correct copies of each rule covered by this certification
which is hereby adopted by the undersigned agr y by and upon its filing with the Department of State.



Agency



SDate Approved


Rule No. Specific Law Being
Rulemaking Implemented,
Authority Interpreted or
S 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) Title


Number of Pages Certified




3.











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


CERTIFICATION OF



EMERGENCY RULES FILED WITH THE DEPARTMENT OF


STATE


I hereby certify that an immediate danger to the public health, safety or welfare requires emergency 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

r 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



r 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.

S(b) For pnon-emergency rules these additional required materials are:
1. A summary of the rule,
2. A summary of any hearings held on the rule,
3. A detailed written statement of 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.
SHistory-New Previously numbered 1-1.02.

4.










1S-1.003 Florida Administrative Weekly.

P (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 week of publication.
(2) All material to be published in the FAW shall be typed with an OCR-B (Printing and Publishing
No. 3);typing element on white, non-watermarked, letter size (81/2 x 11) paper, double spaced with a margin
of not less than 1 inch at the top and bottom and on each side. Only the original, typed copy is acceptable
as copies reproduced by Xerography or by other copying processes cannot be optically scanned.
(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 of the date of this notice", if the
agency intends to conduct a hearing whether or not requested, or to delete the reference to a hearing if no hearing
S is required on the rule.)


NAME OF AGENCY: Rule No.
RULE TITLE:
PURPOSE AND EFFECT:


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:


THIS 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:










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:


SNOTICE 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 J /, '
the agency's disposition of the petition: (insert'a statement that the petition was denied and the'reasons for' i
the denial or that the petition was granted 4nd 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 of the 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(1)(d) FS. L-w Implemented 120.53(1)(b), 120.54, 120.56(3), 120.60
(3)(a) FS. History-New ------ Previously numbered 1-1.021.


1-1.004 History Notes and Legal Citations.

(1) Each proposed rule shall be followed by a statement of the rulemaking authority authorizing the
rule and a statement of the law being implemented, stated separately.

L/ (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. -
(3) To assure the accuracy and clarity of history notes in the Florida Administrative Code, numbers of /
repealed or transferred sections will not be reassigned to sections subsequently promulgated.' "
Specific Authority 120.55(1)(d) FS. Law Implemented 120.54(7), 120.55(1)(e) FS. History-New ", /-' i
Previously numbered 1-1.03. ,, ',"-
1S-1.005 Publication by Reference. /

(1) Any ordinance, standard, specification or similar material may be published by referenced in a rule .7 /
subject to the following conditions: ,.I '

/ .



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1- ,/ '
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(a) The material shall be generally available to affected persons.

(b) The material shall be published by a governmental agency or a generally recognized organization.
(c) The material shall not consist of an agency's operations manual, as defined in subsection (2) of this
section. / -

(2) As used in this rule, the term "Operations Manual" means:

(a) Any publication by an agency which gives instructions or directions to officers or employees of the
agency as to the manner in which the officer or employee shall deal. with any person outside the agency

publishing the manual, or

(b) Any publication by an agency which imposes any requirement upon or which solicits or authorizes

the solicitation of any information from any person outside the agency publishing the manual, .unless the

requirement imposed or the information solicited as set out in full in the published rules of the agency.

(3) The agency publishing material by reference shall file with the Department of State a complete

copy of the referenced material in its,. original form, each page of which is permanently marked with the

number of the rule into which it is to'be-incorporated and the date the incorporating rule takes effect.

w (4) Publication by reference is limited in that subsequent amendments to the material cannot be

included in the incorporation. That is, any subsequently amended documents would have to be separately,

through later rulemaking, incorporated for their amended portions to be validly incorporated by reference.
Specific Authority 120.55(1)(d) FS. Law Implemented 120.55(1)(d) FS. History-New Previously
numbered 1-1.04.

S 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. i 1

(1) Each agency must establish and maintain a subject matter index of its rules and a separate index

of its orders. This may be accomplished by complying with the requirements as set forth in Subsection

120.53(4), F.S.

(2) The form of both indexes must be similar to that used in the Florida Statutes. In the case of the

rule index, the title of each chapter must appear in bold letters at the left margin in alphabetical order. An

alphabetical listing of all the sections contained in the chapter followed by the appropriate citation must be

f^ included under each chapter heading. Example:



CONDOMINIUMS AND COOPERATIVES,

CHAPTER 2-16

Cancellation of contracts, 2-16.03

fh Definitions, 2-16.01
Sales; transfer of association control, 2-16.02

Unfair and deceptive acts, 2-16.04













7.








t











(4 Specific Authority 120.53 FS. Law Implemented 120.53(2), 120.53(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 may refuse to accept the proposed rules for filing.
Specific Authority 120.55(1)(d) FS. Law Implemented 120.54(11)(b), 120.55(1)(d) FS. History-New
SPreviously numbered 1-1.07. '





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