Title: Opinion File 72-47 thru 72-48
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Permanent Link: http://ufdc.ufl.edu/WL00003329/00001
 Material Information
Title: Opinion File 72-47 thru 72-48
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 72-47 thru 72-48
General Note: Box 14, Folder 3 ( Opinions 1972 - 1973 - 1972 - 1973 ), Item 14
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003329
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


( -e4 KEY WORDS: Oi-7 47

MEMO Regarding ADOPTION OF RULES


Florida Statute 120.031 requires that each rule shall be accompanied
by a reference to the legal authority pursuant to which the rule was adopted
and a reference to the specific law being implemented, interpreted or
made specific. Additionally, this section requires that each rule adopted
shall contain only one subject and shall be preceded by a concise state-
ment of the purpose of the rule and reference to the rules repealed or
amended.

Florida Statute 120.41 requires that each agency shall file with the
Department of State a certified copy of each rule adopted by it. There
are two ways to adopt a rule. One is the emergency rule, and the other
is a rule adopted following a public hearing.

Emergency Rule. An emergency rule may be adopted by making and
filing a detailed written statement of the facts constituting the alleged
emergency and a certification that the adoption of the rule is necessary
for an immediate preservation of -public health, peace, safety or general
welfare. A rule adopted as an emergency rule is effective and operative
at the time it is filed with the Department of State and remains effective
and operative for no more than ninety (90) days. If the rule is deemed
necessary as a permanent rule, the rule must be re-adopted and re-filed
S after a public hearing. It would appear that this section would not
apply to emergency orders on a declaration of water shortage, which would
be controled by Florida Statute 378.152. Under Florida Statute 378.152,
the governing board may declare a water shortage. They must then publish
in a newspaper of general circulation throughout the area once a day for
the first week, and once a week thereafter until the declaration is rescinded.
Then the executive director, with the concurrence of the governing board,
can issue an emergency order reciting the existence of such an emergency
and requiring any necessary action. At this point, it would appear ap-
propriate to file with the Department of State and with D'# R and this
would comply with Chapter 120 and Chapter 378.

Rule Adopted Following a Public Hearing. You must publish a Notice
of Hearing on the adoption of the proposed rule between ten (10) to
thirty (30) days prior to the hearing date and in the following manner:
1. By publication in four or more newspapers of general circulation
in the State;
2. Copies of the notice with a copy of the proposed rule attached
shall be mailed to those parties who have requested they appear
on the agency's mailing list; and, I would suggest that a copy
of the proposed rule be included in the notice of hearing;
3. If the proposed rule pertains to licensing of a trade, occupation
r* or profession, a copy of the notice should be mailed to each to
licensee registered with the agency and recognized as representing
the industry affected.





72-48


A rule adopted following a public hearing is effective upon filing
With the Department of State, but is not operative until forty-five (45)
days after the summary of the rule is published in the administrative
register.

Attached you will find a copy of an appropriate filing package re-
garding a rule. It would be my suggestion that at the time the certifi-
cation is sent to the Department of State, that a copy of the certifi-
cation to the Department of State be sent to the Department of Natural
Resources, and both filings would then be complete.






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