Title: Fla. Laws. Ch. 78-425 Sec. 120.54: Rulemaking; adoption procedures. 6p.
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 Material Information
Title: Fla. Laws. Ch. 78-425 Sec. 120.54: Rulemaking; adoption procedures. 6p.
Physical Description: Book
Spatial Coverage: North America -- United States of America -- Florida
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052504
Volume ID: VID00001
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Full Text


(b) Each other state officer and each state department,
departmental unit described in s. 20.04, commission, regional
planning agency, board, district, and authority including but not
limited to, those described in chapters 160, 163, 298, 373, 380 al
582, except any legal entity or agency created in whole or in part
pursuant to chapter 361, part II.

(2) "Agency action" means the whole or part of a rule or order
or the equivalent, or the denial of a petition to adopt a rule or
issue an order. The term also includes any denial of a request .ade
under s. 120.54(5).

(13) "Recommended order" means the official recommendation of a
hearing officer assigned by the division to an agency or of an other'
duly authorized presiding officer other than an agency head or meme r
thereof, for the final disposition of a proceeding under s. 120.57,

(14) "Rule" means each agency statement of general applicabilityF
that implements, interprets, or prescribes law or policy or describes
the organization, procedure, or practice requirements of an agency
and includes any form which imposes any requirement or solicits anys
information not specifically required by statute or by an existing"
rule. The term also includes the amendment or repeal of a rule. 1hs
term does not include:

(d) Agency action which has the effect of altering established
hunting or fishing seasons when such action is adequately noticed is
the area affected through publishing in a newspaper of general
circulation or through notice by broadcasting in an electronic media,

Section 2. Paragraph (b) of subsection (1) and subsections (2),
(3) and (7), paragraph (b) of subsection (11) and paragraph (b) of
subsection (12) of section 120.54, Florida Statutes, are amended to

120.54 Rulemaking; adoption procedures.--

(1) Prior to the adoption, amendment, or repeal of any rule not
described in subsection (9), an agency shall give notice of it
intended action, setting forth a short and plain explanation of the
purpose and effect of the proposed rule, a summary of the proposed
rule, the specific legal authority under which its adoption is
authorized, and a summary of the estimate of the economic impact of
the proposed rule on all persons affected by it. The notice shall
contain the location where the text of the proposed rule or economic
impact statement can be obtained if such text is not included in the

(b) The notice shall be published in the Florida Administrative
Weekly not less than 21 days prior to the intended action, except
that notice of actions proposed by educational units or units of
government with jurisdiction in only one county or a part thereof
need not be published in the Florida Administrative Weekly or
transmitted to the committee. The proposed rule shall be available
for inspection and copying by the public at the time of the
publication of notice.

(Substantial rewording of subsection.
See s. 120.54(2), Florida Statutes, for
present text.)




S(2)(a) Each agency, prior to the adoption, amendment, or repeal
4,f any rule, shall provide information on its proposed action by
Preparing a detailed economic impact statement. The economic impact
"`statement shall include:

1. An estimate of the cost to the agency of the implementation of
the proposed action, including the estimated amount of paperwork;

2. An estimate of the cost or the economic benefit to all persons
directlyy affected by the proposed action;

S3. An estimate of the impact of the proposed action on
.competition and the open market for employment, if applicable, and

4. A detailed statement of the data and method used in making
each of the above estimates.

K (b) If an economic impact statement is required before an agency
k takes action on an application or petition by any person, the
statement shall be prepared within a reasonable time after the
application is made or the petition is filed.

S (c) Failure to provide an adequate statement of economic impact
is grounds for holding the rule invalid; however, beginning October
1, 1978, no rule shall be declared invalid for want of an adequate
statement of economic impact unless the issue is raised in an
administrative or judicial proceeding within one year of the
effectiveie date of the rule to which the statement applies.

(3) If the intended action concerns any rule other than one
relating exclusively to organization, procedure or practice, the
agency shall, on the request of any affected person received within
14 days after the date of publication of the notice, give affected
persons an opportunity to present evidence and argument on all issues
Sunder consideration appropriate to inform it of their contentions.
i The agency may schedule a public hearing on the rule and, if
requested by any affected person, shall schedule a public hearing on
the rule. Any material pertinent to the issues under consideration
submitted to the agency within 14 days after the date of publication
of the notice shall be considered by the agency, and made a part of
the record of the rulemaking proceeding.

S (7) Each rule adopted shall be accompanied by a reference to the
"specific rulemaking authority pursuant to which the rule was adopted
and a reference to the section or subsection of the Florida Statutes
or the Laws of Florida kew being implemented, interpreted, or made
S specific.

(11) (b) If the adopting agency is required to publish its rules
Sin the Florida Administrative Code, it shall file with the Department
of State three certified copies of the rule it proposes to adopt, a
summary of the rule, a summary of any hearings held on the rule, and
a detailed written statement of the facts and circumstances
justifying the rule. Agencies not required to publish their rules in
the Florida Administrative Code shall file one certified copy of the
proposed rule, and the other material required above, in the office
of the agency head, and such rules shall be open to the public
pursuant to s. 120.53(2). Filings shall be made not less than 21
days or more than 45 days after the notice required by subsection
(1), if no public hearing is held. If a public hearing is held, the
adopting agency shall file within 21 days after receipt of all




material authorized to be submitted at the hearing or after receipt
of the transcript, if one is made, whichever is later. If a public
hearing is held and no material is authorized to be submitted and no
transcript is made, filings shall be made not less than 21 days or
more than 45 days after the notice required in subsection (1).

(12) (b) After the notice required in subsection (1) and prior to
adoption, the agency may withdraw the rule in whole or in part by
pubshkng--feeet e-^n-the-P^efd--Admistn atM ve-Weekdy-and-feiofy*^
the-Bepeatment-of-State, or and may make such changes in the rule as
are supported by the record of public hearings held on the rule,
technical changes which do not affect the substance of the rule,
changes in response to written material relating to the rule received
by the agency within 14 days after the notice and made a part of the
record of the proceeding, or changes in response to a proposed
objection by the committee. ehanges-suppoeted-by--he--eee--erd f--e
*fe de-withehddawa-f-t-he-te-4-where-eT-4n-payeT After adoption
and before the effective date, a rule may be modified or withdrawn
only in response to an objection by the committee or may be modified
to extend the effective date by not more than 60 days when the
committee has notified the agency that an objection to the rule is
being considered. The agency shall give notice of its decision to
withdraw or modify a rule in the first available issue of the
publication in which the original notice of rulemaking was published
and shall notify the Department of State if the rule is required to
be filed with the Department of State. After a rule has become
effective, it may be repealed or amended only through regular
, rulemaking procedures.

Section 3. Paragraph (b) of subsection (1) and paragraph (a) of
subsection (3) of section 120.55, Florida Statutes, is amended to

120.55 Publication.--

(1) The Department of State shall:

(b) Publish in a permanent compilation entitled "Florida
Administrative Code" all rules adopted by each agency, citing the
specific rulemaking authority pursuant to which each rule was
adopted, all history notes as authorized in s. 120.545(8), and
complete indexes to all rules contained in the code. Supplementation
shall be made as often as practicable, but at least monthly. Rules
general in form but applicable to only one school district, community
college district, or county, or a part thereof, or to the Florida
School for the Deaf and the Blind, and university rules relating to
internal personnel or business and finance shall not be published in
the Florida Administrative Code. Exclusion from publication in the
Florida Administrative Code shall not affect their validity or
effectiveness. The department shall publish, at the beginning of the
section of the code dealing with an agency that files copies of its
rules with the department, a summary or listing of all rules of said
agency excluded from publication in the code and a statement as to
where said rules may be inspected or examined. The department shall
also publish, at the beginning of the section of the code dealing
with an agency, any exemptions granted that agency pursuant to s.
120.63, including the termination date of the exemption and ([a
statement] whether the exemption can be renewed pursuant to s.
120.63(2) (b) .



28-3.27 Rulemaking Materials. --

:ft-: the publication of notice initiating rule-making, the

Agency shall make available for public inspection and shall provide

upon request, copies of the following materials:

(1) The text of the proposed rule, or any amendment,

or repeal of any existing rule;

(2) A detailed written statement justifying the proposed rule;

(3) A copy of the economic impact statement required by

5120.54, F.S.;

(4) A statement comparing the proposed rule with any applicable

federal rules, regulations or standards, or a statement that no

comparable federal standards exist;

(5) The published notice.

General Authority 120.53(1), 120.54(10), F.S. Law Implemented
120.54, F.S. History--New

28-3.28 Reserved.

28-3.29 Reserved.

28-3.30 Rulemaking Proceeding--No Hearing.

When no hearing is requested, and when the Agency chooses not

to initiate a hearing on its own, the Aeencv may direct that the

proposed rule be filed with the Department of State no less than

twenty-one (21) days following notice. Such direction may be given

by the Agency head prior to initiating the orooosed rule in the

event no hearing is requested, or may be given after allowing

fourteen (lL) days in which affected persons may request a hearing.

General Authority 120.53(1), 120.54(10), F.S. Law Implemented
120.54(3), F.S. History--New

28-3.31 Rulemaking Proceeding Hearing.
(1) If the/rule does not relate exclusively to organization,

practice or procedure, the Agency shall provide, upon request, a
evidence, argument and
public hearing for presentation ot oral statements, within ^he

reasonable conditions and limitations imposed by the Agency to avoid

duplication, irrelevant comments, unnecessary delay or disruption

of the proceeding. Written statements may be submitted to the agency

following! the hearing by any person, and may be considered and made a

part of the record if authorized by the Agency.


evi denee-anod-argtctmenet7- the-Ageney-musct-atain-pre vide-effeeted-perseas



publie-heit-g-Hpea-ihe-iulefs9> A public hearing shall be held if

an affected person requests a hearing within fourteen (14) days after

the date of publication of the notice. The Agency may decide on its

own initiative to hold a public hearing and shall

publish notice of this fact.

(3)44) The Agency shall prepare an agenda for the hearing that
provides affected persons with sufficient time to present evidence,A

oral statements, and other information.

(4) (--Ief-he-mateeial-is-offieially-reeogni ed-by-the-Aeeney



mer. s-and-rebettal- The Agency may take official recognition of any

material that is of conmcn and general knowledge, authoritatively

well scctled and free from uncertainty,

If the material is officially recognized by the Agency,

it is deemed to be admissible without the necessity of the offering

party presenting evidence. This material shall be part of the record

and all affected persons shall be given a reasonable opportunity to

e::anine and offer evidence and argument in onoosition.

(5) *4 Upon request of any affected person, the Agency shall

cause to be made a transcript of the proceeding and copies of the

transcript of the proceeding shall ::e

available to the public. Cost of preparing the transcript and having

the proceeding recorded shall be paid by the requesting person. A

copy of the transcript shall be available to the public at cost.

f(7 !Ze'-e- 1eCco- of- f-the- iOte'ee^4tl n'- s h-&a- jiies-ite- ehe- ieC-i e
ant- ,en-da all- .writen- saemen- -petii-ns request and,- a1

evidence- esente4- -o- -the- Ageney- regarlee- ef- wheher- a- pTh

h-eari--- 4.- r aeed- -f- a- trnCt p- i- .-cqucs cd, a- copy- of- the- -
Ter -t-raifcri-- eh-il-- a1Ao- be- in4-lud-in- -the- r -core, -- Co-- f- prepring-

-the- -fi;rvSri-p-t- cihal-1- be- psai-- Sb- the- cequ-ti-?i- peyfon The- rco-rd- -

s hal-l-be- a^-'il-ab be- fc- -ptiub -i-e -i-nspeet irn-.-

i ~-~" 1c-- __--- I

(6)f ) The agency head, any member thereof or any v person
designated by the agency head may preside at a hearing held

pursuant to 120.54(3), F.S. If requested by t'.e acncvy 'ad,

following the hearing the erson presiding

shall provide a detailed statement of any changes which will be

recommended in the proposed rule to any person who requests it at

the hearing, and -shall prepare a summary of such hearing and recom-

mendations for changes in the proposed rule to the agency head for

final action.

General Authority 120.53(1), 120.54(10), F.S. Law Implemented
iN23fl.)7 120.54<9), (3),(6), F.S. History--New 12-31-76, Amended
6-10-75, Amended

23-3.32 Reserved.

20-3.33 Reserved.

23-3.34 Reserved.

28-3.35 Incorporation Beseriptien-ef-Publtieae-. by Reference.

Any rule, standard, specification or similar material which
is generally available to affected

persons may be incorporated in a rule, by reference, in the manner

adopted by rule by the Department of State.

General Authority 120..53(1), 120.54A<9(10), F.S. Law Irmplemented
120.53, 120,54, F.S. History--New 12-31-74, Amended

28-3.36 Reserved..

28-3.37 Emergency Rule Hearing Adontion.

(1) The Agency may adopt, an emergency rule, if:

(a) The Agency finds that immediate danger to the public health,
safety and welfare exists which requires immediate Agency action;

(b) The Agency fils7wit[h the epar-ment-e-f-State-a-t- we-tiRe
c-f- 4ie-s-cat4i*n-a- -t4a-tement- e-mee-tirg- the requirements of Section

120.54<83(9)(a)--3--,- 3., F.S.


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