April 14, 1980
RE: Hearing n Proposed Secretary of State Rule on Rulemaking,
Chapter 1S-1, Florida Administrative Code.
I appeared on behalf of the District at the Department of State
hearing on proposed Chapter 1S-1, which Chapter would replace
Chapter 1-1 as the Department of State's comprehensive rules
setting forth departmental policies regarding agency filing of
rules, certifications, accompanying material, and material for
publication in the Florida Administrative Weekly. The hearing
was held before Stephen Nall, General Counsel for the Department
of State. Mr. Nall stated at the outset that the hearing was
not a debate and that all comments would be received.
The hearing began with Liz Cloud of the Bureau of Administrative
Code stating a summary of the proposed rules. The hearing officer
then followed the order of a sign up list of persons wanting to
talk. Those speaking were two representatives from legal service
agencies and then myself, followed by Don Conn of the Attorney
General's office, a representative of the Department of Trans-
portation, Epperson Harris of the Department of Insurance, a
representative of the Department of Community Affairs, and Ken
Gillen of the Game and Fresh Water Fish Commission.
Many of the comments related to Rule 1S-1.005, which deals with
publication by reference. Don Conn mentioned his concern with
the operations manual provisions of that rule. His point is that,
by stating that material published by reference shall not consist
of an agency's operations manual, an agency might be inclined not
to make any reference at all to its operations manual in the rules,
so that neither the provisions nor reference to the manual would
be contained therein. Don's suggestion was that an operations
manual might be incorporated by reference, as long as it meets
the requirements of Rule 1S-1.005(1) (a) and (b), that is, that
the material shall be generally available to affected persons
and be published by a governmental agency or a generally recognized
organization. The representative from DOT expressed concern that
its operations manuals, which sometimes are published in accordance
with federal regulations, might have to be handled in a different
manner, requiring separate sets of documents.
Memorandum to LMB
April 14, 1980
The representative from the Game and Fresh Water Fish Commission
echoed several of my comments and said that the economic impact
of the proposed rules is greatly understated. He pointed out
the confusion in the certification provisions as to what has to
be original and what can be a copy.
My comments followed the lines of the discussion you and I had
previous to the hearing. They are expressed in the proposed
letter attached to this memo.
I have drafted this letter in accordance with the authorization
stated by the hearing officer to submit written objections and
comments within ten days of the hearing. During the hearing,
I reserved the right to make such a written statement, if the
District should so choose.
I also requested on a record that we be furnished with a copy
of whatever modification to the proposed rules are made by the
Department of State.
After the expiration of the ten-day period for submitting
additional material, the Department of State will have twenty-
one days in which to file the complete set of rules.
Please review the attached letter, make any suggested changes,
and return it to me so that it can be revised and mailed by
Tuesday, April 15. If we mail it on or before th-at it should
arrive in the office of the General Counsel b april 18, which is
ten days following the hearing.
I am attaching to this memo a copy of the proposed rules, as
marked by you. The rest of the materials on this subject are
in a file folder I am holding at my desk. When we complete this
matter, I propose that the materials be filed in our subject
file labeled "SF--Rules, Standardization of."
One aside is the mention made by the gentleman who appeared at the
hearing on behalf of Municipal Code Corporation, publishers of
municipal codes. This gentleman mentioned a Senate bill that would
place responsibility for publication of the Florida Administrative
Code in a private publisher rather than the Secretary of State.
We probably want to watch the progress of this bill.