Title: Procedure Steps for Adoption, Amendment, or Repeal of a Rule Under 120, FSA, as Amended
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 Material Information
Title: Procedure Steps for Adoption, Amendment, or Repeal of a Rule Under 120, FSA, as Amended
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Procedure Steps for Adoption, Amendment, or Repeal of a Rule Under 120, FSA, as Amended
General Note: Box 10, Folder 7 ( Unknown - 1979-1980 ), Item 19
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002200
Volume ID: VID00001
Source Institution: Levin College of Law, 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







PROCEDURAL STEPS FOR ADOPTION,
AMENDMENT, OR REPEAL OF A RULE
UNDER 120, F.S.A., AS AMENDED


Agency Initiation Petition by
Regulated or
Substantially
Interested Person
(120.54(4))


Preliminary Investigation
and Drafting





Preparation of Text; Summary
O of Rule; Short Explanation of
Purpose & Effect of Rule; and
Estimate of Economic Impact of
Rule. (120.54(1) and (10)( ))


Published in FAW
not less than 21 days
before intended action
(120.54(1) (b))

by mail to all persons
named in Rule at least
14 days before intended
action. 120.54(1)( )

Notice Of Intended
Action by mail to all persons
who requested advance
notice of Agency pro-
ceedings at least 14
days before intended
action. 120.54(1)( )


S(cont'd.)

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Events That May
Occur in Advance
of Intended Agency
Action


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by mail to Administra-
tive Procedures
Committee at least 14
days prior to intended
action. 120.54(1)(a)

NOTE: Committee must
receive full text of
Rule and all supporting
documentation at least
21 days before adoption
of the Rule 120.54(10) (a)
Adoption of Rule
occurs on filing with
Department of State.
120.54(11)

as required by Agency
-rule to those classes
to whom the intended
action is directed.





upon request of affected
person, agency shall
give opportunity to
present evidence &
argument, if request is
received within 14 days
of publication of notice,
provided rule is not
exclusively one relating
to organization, practice,
or procedure. 120.54(2)

if proposed rule is
substantive, any sub-
stantially affected person
may seek administrative
determination of validity
of proposed rule; request
must be filed with
Division of Administra-
tive Hearings within 14
days after publication
(cont'dl


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NOTE: Division must
appoint hearing officer
within 10 days of request;
hearing must occur within
30 days thereafter;
written decision must
be rendered Within 30
days thereafter.
120.54(3)

NOTE: Hearings must
be conducted according to
120.57 and DECISION OF
BARING OFFICER IS FINAL
AGENCY ACTION. 120.54(3)


if a party timely asserts
and affirmatively demon-
strates that proceedings
under 120.54 do not
adequately protect the
substantial interests
of the proceedings
under 120.57 shall be
commenced. 120.57

NOTE: The rulemaking
proceeding shall not be
concluded prior to the
issuance of the order
under 120.57.

--Administrative Proce-
dures Committee may
notify agency of objec-
tions to form or sub-
stance of rule or to
sufficiency of notice.
120.54(10)(a)

NOTE: Agency must
modify the rule, withdraw
the rule, or refuse to
modify the rule within
30 days of the Committee's
objection. FAILURE TO DO
,3 ANY OF THESE CONSTITUTES
(cont'd.)

l 3> -






WITHDRAWAL OF PROPOSED
.LE 1 ItsS ENTIRETY.
120D. 54410) (a)


Preparation and at least 7 days before
Distribution of Agenda meeting. 120.53(1)(d)





Meeting at Which Proposed Any changes in text
Rule is Discussed, Modified of proposed rule must
or Adopted be sent to Administra-
tive Procedures Committee
with statement of reasons
for change. If no
changes, agency shall
notify committee that
there were no changes.
120.54(10) (A)

If text and supporting
documentation have not
yet been sent to commit-
tee it must be done at
least 21 days before
filing proposed rule
with Department of State.
120.54(10)
Committee may object. If
so agency must respond,
even if it chooses to
ignore the objection.
Failure to respond
within 30 days is equiva-
lent to withdrawal of
entire rule. 120.54(10)






Proposed Rule is Rule is adopted on
Filed with Department filing. 120.54(11)
of State
SRule becomes effective
20 days after filing
unless a later date is
A4 specified in Eule, or
(cont d.)


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unless date is specified
by statute. 120.54(11)
-three certified copies
of proposed rule, a
summary of the rule, a
summary of any hearings,
and a detailed written
statement of facts
justifying the rule
are required.
120.54(10)(b)
Proposed rule cannot
be filed except after
21 days from publica-
tion of notice or
after final public
hearing. 120.54(10) (b)





















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