Rules of the Department of State Chapter 1-1 Rulemaking

Material Information

Rules of the Department of State Chapter 1-1 Rulemaking
Alternate Title:
Rules of the Department of State Chapter 1-1 Rulemaking. 1-1.01 through 1-1.07. Supp. No. 93
Physical Description:


Subjects / Keywords:
Administrative agencies ( jstor )
Administrative law ( jstor )
Notices to appear ( jstor )
Spatial Coverage:
North America -- United States of America -- Florida


General Note:
Box 5, Folder 18 ( SF Rules, Standardization of Numbering ), Item 19
Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.

Record Information

Source Institution:
University of Florida
Holding Location:
Levin College of Law, University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.


This item has the following downloads:

Full Text




This chapter shall be read in conjunction with
Chapter 120, F.S., particularly Sections 120.54
and 120.55.

1-1.01 Numbering system 10 Department of Health and Rehabilitative
1-1.02 Style and form for filing rules Services
1-1.021 Florida Administrative Weekly 11 Department of Law Enforcement
1-1.03 History notes 12 Department of Revenue
1-1.04 Publication by reference 13 Department of General Services
"1-1.05 Agency rule reprints 14 Department of Transportation
: '- 1-1.06 Uniform indexing procedures 15 Department of Highway Safety and Motor
1-1.07 Noncompliance Vehicles
16 Department of Natural Resources
1-101 Numbering system. A decimal 17 Department of Environmental Regulation
numbering system imia a ed i e ida 18 Board of the Internal Improvement Trust Fund
numbering system similar to that used in the Florida 19 State Board of Administration
Statutes is hereby adopted for the designation of all 20 Department of Citrus
administrative rules promulgated pursuant to Chapter 21 Department of Professional and Occupational
120, Florida Statutes (F.S.). The primary difference Regulation
is the addition of a unique control number assigned 22 Department of Administration
to each state agency by the Department of State. 23 Parole and Probation Commission
(Example: 1-1.04). If more than one major activity 24 Pardon Board
exists within a department then a letter of the 25 Public Service Commission
alphabet shall be added to the control number to 26 Assessment Administration Review Commission
designate rules applicable to such major activity 27 Office of the Governor
(Example: 1A-1.04). If more than one function exists 28 Administration Commission
within a major activity of a department, then a 29 Regional Planning Agency
different chapter number shall be used to designate 30 Regional Transportation Authorities
rules applicable to such function.(Example: 1A-1.04). 31 Loxahatchee River Environmental Control
A decimal point shall follow each chapter number. District
The digits following the decimal point indicate the 3 air Authority
individual rule section within the chapter. (Example: 33 Offender Rehabilitation
1A-1.04). A subsection is indicated by a number in 34 Commission on Ethics
parentheses. (Example: 1A-1.04(1)). A paragraph 35 Metropolitan Planning Organization
\ within a subsection is indicated by a letter is
parentheses. Example: 1A-1.04(1)(a)). Designations 36 Englewood Water District
for Subparagraphs and Sub-subparagraphs shall be the 37 Advisory Council on Inter-Governmental
same as in the Florida Statutes. (Example: Relations
e as in te Frida S Specific Authority 120.55(1)(d) FS. Law Implemented
A-.4(1)(a) .a.). 120.55(1)(d) FS. History-Revised 1-1-75.
The following control numbers have been
assigned by the Department of State to the
corresponding state agencies:
S1-1.02 Style and form for filing rules.
1 Department of State (1) All departments shall file their rules with
2 Department of Legal Affairs the Department of State together with a certification
3 Department of Banking and Finance as provided by either Form FAC 1 or Form FAC 2.
4 Department of Insurance Form FAC 1 shall be used for each rule to be adopted
5 Department of Agriculture and Consumer or amended. Form FAC 2 shall be used for each rule
Services proposed to be repealed. The style and form
6 Department of Education prescribed in this section for filing rules shall be used
S 7 Department of Business Regulation for all rules filed. Form FAC 1 and FAC 2 shall be
S9 Department of Community Affairs submitted in the following form:


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CHAPTER 1-1 /_ RULE MAKING Supp. No. 93

FAC 1: To be used for filing proposed rules or FAC 2: To be used for filing of agency rules proposed
Amendments. to be repealed.
Certification of
Administrative Rules Filed With the Department Of Certification of
State, Administrative Rules Filed With the Department Of

"(Pursuant to Chapter 120, Florida Statutes) State,

(Pursuant to Chapter 120, Florida Statutes)
I do hereby certify that the attached rules are
correct copies as filed on pursuant to a
(meeting, public hearing, or other) held I do hereby certify that the (Board, Commission, or
Se other) at a (meeting, public hearing, or other) has
proposed that the attached rules be repealed, and that
they are correct copies as filed on __
i i Agency date

Date Agency

Rule No. Specific Law Being Date
Rule Making Implemented Rule No. Specific Law Being
Authority Interpreted or Rule Making Implemented
Made Specific Authority Interpreted or
Made Specific
1 A-1.04 120.55(1)(d) 120.55(1) (d)
1A-1.04 120.55(1)(d) 120.55(1) (d)
Signature, Department Head /--
Signature, Department Head
(SEAL) Title
(SEAL) Title
Number of rule pages certified
Number of rule pages certified

",^, (2) Pursuant to Paragraph 120.54(11)(b), (d) Written statement of the facts and
"^ F.S., the agency shall file with the Department of circumstances justifying the rule.
State its proposed rules, amendments and repeals (e) Summary of the hearing.
and the following supportive materials: (3) Rules filed with the Department of State
{ (a) Three certified copies of the rule shall be typed on legal size paper (8%x14),
numbered in accordance with Section 1-1.01, herein doublespaced with a 2" margin at the top and
and worded exactly as it is to be printed in the bottom, and a 1" margin on both sides.
FAC, provided, however, this paragraph shall not (4) All amendments filed with the Department
apply to rules proposed to be repealed. If the of State shall be coded as follows: words struct
effective date of the rule is different from that through are deletions from existing rules; words
specified in Subsection 120.54(12), F.S., it must be underlined are additions.
specified. Each rule must be accompanied by the (5) Each agency shall submit a catchline for
history note required by Section 1-1.03, herein, each section, which shall follow the section number;
(b) Certification by Form FAC 1, or FAC 2 provided, however, that said catchline shall not be
shall be filed for each chapter. If more than one construed as part of the substantive language of the
proposed adoption, amendment or repeal is filed at section. Section numbers with catchines sha be
the same time. one certification shall be used so long listed at the beginning each rule chapter.
as the rules are Contained--wrin th same r (6) Each proposed rule shall be adopted and
aste rules awvr e cntained erwthinthesamo hatre become effective in accordance with Subsection
provided, however, a separate certification shall be
filed o doption amendment a -d-repeal w.t-i 120.54(12), F.S.
Sfiledor each adotion amenmen(7) Any rule omitted from publication
"Ia cha peter pursuant to Paragraph 120.55(1)(b), F.S., shall be
| "-----' Brief summary of the proposed rule. In the filed with the Department of State in the form
"case of an amendment, that part of the section being prescribed by Section 1-1.02 for other rules except
amended must be set out in full. for the rule number. Such number shall be indicated

2 __

.- r. .- 'I--, -


by a lower case "x" following the agency control DEPARTMENT Or Rule No.:
Number and the division letter, if applicable. Rule Title:
(Examples: lx-1.04; 1Ax-1.04). PURPOSE AND EFFECT:
(8) Emergency rules adopted pursuant to
\ Subsection 120.54(9), F.S., shall be submitted in the
Same form prescribed by Subsection 1-1.02(3),
herein, for other rules, except for the rule number
*-.. which shall be indicated by the letters "ER" and the SUMMARY
last two digits of the calendar year when the rule is MM
first effective. Such indicators shall follow the agency --
control number, and division letter if applicable.
Further, emergency rules shall be numbered
Consecutively each year beginning January 1, 1975 SPECIFIC LEGAL AUTHORITY UNDER W
and such numbers used shall be in lieu of the chapter SPECIFIC LEGAL AUTHORITY UNDER WHICH
and section numbers required for rules normally THE ADOPTION IS AUTHORIZED AND THE
promulgated. (Examples: 1ER75-1; 1AER75-2). Such AE IILEENTED I ERPRETED
rules will be summarized in the FAW but will not be MA FC :_
printed in the FAC. Emergency rules are accepted by
"the Department of State without the DepartmentC I T ON
making a determination as to whether or not an ESTIMATE OF ECONOMIC IMPACT ON ALL
immediate danger to the public health, safety or AFFECTED PERSONS. $
welfare, to which the rule is applicable, does in fact IF REQUESTED A HEARING WILL BE HELD AT:
e xist. TIME:
Specific Authority 120.55(1)(d) FS. Law Implemented PLACE:
1 20.54(9)(11)(b)(12), 120.55(1)(d) FS. History-Revised DATE:
1-1-75, Amended 8-1-75, 7-2-78.
1-1.021 Florida Administrative Weekly. (5) Form FAC 4 shall be submitted in the
(1) The Florida Administrative Weekly (FAW) following form for filing notices of public meetings,
shall be published Friday every week of the year in hearings, or workshops:
which Friday is not a holiday observed by state The (name of agency) announces a (public
., J agencies as set forth in Rule 22A-8.09, Florida meeting, hearing, or workshop) to which all persons
Administrative Code. When Friday is observed as a are invited.
holiday, publication will be on the last working day DATE AND TIME:
of that week in which the Friday holiday is observed. PLACE:
When Wednesday, Thursday, or Friday of any week is PURPOSE:
observed as a holiday all material to be included in
the Florida Administrative Weekly to be published
that week must be received by the Department of
State no later than 12:00 p.m. Monday of the week A copy of the agenda may be obtained by
in which the notice is to appear. At all other times, writing to (name of agency) at (agency headquarters).
the deadline for submission of material to the (6) Form FAC 5 shall contain sufficient
Department of State for publication in the Florida information to advise substantially affected persons of
., ^ Admi-nistrative Weekly shall be 12:00 p.m. the nature of the proceeding. Form FAC 5 shall be
S. Wednesday of the week in which the notice is to submitted in the following form for Declaratory
appear. statement:
(2) The FAW shall contain the information (agency)
Required by Paragraph 120.55(1)(c) and received the following petitions) for Declaratory
120.60(3)(a)(1), Florida Statutes. Statements:
(3) Forms FAC 3 through 6, to be published in (Name of Petitioner):
the FAW, shall be typed on letter size paper (8V2x11),
/ double spaced with a one-inch margin on the left and(
i f a half-inch margin on the right. The information given (7) Form FAC 6 shall be submitted in the
thereon shall be typed on a pica typewriter. The following form for filing of Emergency Rules:
amount of space provided in the form under each DEPARTMENT OF RULE NO.
heading shall be the maximum space used for SPECIFIC REASONS FOR FINDING AN
providing the information required therein, except in IMMEDIATE DANGER TO PUBLIC HEALTH,
ij Form FAC 5. The lines used in Forms FAC 3, 4 and 6 SAFETY AND WELFARE:
are to designate the amount of space that may be
>; j used under each heading. Do not underline copy
t r when Forms are submitted for publication.
(4) Form FAC 3 shall be submitted in the
S following form for the filing of proposed rules,
I amendments and repeals:_______

F 3



REASONS WHY PROCEDURE USED IS FAIR Specific Authority 120.o5(1)(d) FS. Law Implemented
UNDER THE CIRCUMSTANCES:__ 120.54(7), 120.55(1)(e) FS. History-Revised 1-1-75,
Amended 8-1-75.

1-1.04 Publication by reference. Any
ordinance, standard, specification or similar material
i which is generally available to affected persons and
Which is published by either a governmental agency
or a generally recognized organization may be
"") SUMMARY: incorporated by reference in a rule adopted in
accordance with Chapter 120, Florida Statutes. A
DATE AND TIME OF EFFECTIVENESS: state agency shall file with the Department of State
Such ordinance, standard, specification or similar
material in its original form and it shall be
SA COPY OF THE EMERGENCY RULE MAY accompanied by: the appropriate certification of the
BE OBTAINED BY WRITING TO: referenced material; a brief summary of the
referenced material; and a written statement of the
facts and circumstances justifying the adoption by
Reference of the referenced material. The agency
adopting the rule shall make available a copy of the
(8) In the event an agency deems it necessary referenced ordinance, standard, specification or
to cancel a notice once it has been submitted to the similar material to the public upon request at no
Department of State for publication in the Florida more than cost, or shall specify in the rule where the
SAdministrative Weekly, the submitting agency shall public may obtain a copy of the referenced material.
send a letter to the Department of State cancelling This section shall not apply to an agency's operations
the notice. The letter of cancellation must be received manual. Any ordinance, standard, specification or
Before 5:00 p.m. Wednesday of the week in which similar material which is incorporated by reference
the notice is to appear. The notice will either be may be published by reference in the FAC.
removed from the Florida Administrative Weekly, or Specific Authority 120.55(1)(d) FS. Law Implemented
will appear with the word "CANCELLED" stamped 120.55(1)(d) FS. History-Revised 1-1-75. Amended
over it. 11-25-75. 5-4-76.
Specific Authority 120.55(1)(d) FS. Law Implemented
120.54, 120.60(3)(a) FS. History-New 8-1-75, Amended 1-1.05 Agency rule reprints. An agency may
4-13-76, 7-2-78. purchase reprints of its rules through the Department
1-1.03 History notes. of State by submitting, in triplicate, an agency rule
(1) All proposed rules shall be accompanied reprint form as provided by the Department. All
by the information required in Section 120.54(7), inquiries concerning the reprints should be directed
Florida Statutes. to the printer, whose name appears on the reprint
(2) History notes on rules adopted prior to form.
SJanuary 1, 1975 shall contain: Specific Authority 120.55(1)(d) FS. Law Implemented
(a) The date of adoption, when available. 120.55(2) FS. History-Revised 1-1-75.
(b) The date of each revision. 1-1.06 Uniform indexing procedures.
I c) The date ofeach ame (1) Each agency shall establish and maintain a
.. (d) A statement that the Joint Administrative subject matter index of its rules and a separate inlex
Procedures Committee has objected to the rule, when s t tterruls and a s ind
applicableof its orders.
S pplic The date o the issue of he Florida (2) The form of both indexes shall be similar
Administrative Weekly in' which a notice of the to that used in thle Florida Statutes. In the case of Ihe
committee's objection appears. rule index the title of each chapter shall appear in
(f) A committee's objection appears.rule number bold letters at the left margin in alphabetical order.
the rule ma have had a Included under each chapter heading shall be an
(3) History notes on rules adopted on or after alphabetical listing of all the rules contained in that
January 1975 shall contain: chapter followed by the appropriate rule number.
S(a) The effective date of the rule. Example:
i (b) The date of each amendment. AN O RATV
1 (c) A statement that the Joint Administrative CONDOMINIUMS AND COOPERATIVES,
Procedures Committee has objected to the rule, when CHAPTER 2-16
applicable. Cancellation of contracts, 2-16.03
(d) The date of the issue of the Florida Definitions, 2-16.01
Administrative Weekly in which the committee's Sales; transfer of association control,
i objection appears. 2-16.02
(4) To assure the accuracy and clarity of Unfair and deceptive acts, 2-16.04
1 history notes in the Florida Administrative Code, /7
numbers of repealed sections shall not be reassigned (3) Beginning January 1, 1975, the
to sections subsequently promulgated and adopted. Department of State and each agency shall each
I maintain a copy of the rule index. The rule index

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Supp. No. 66 4 RULE MAKING, CHAPTER 1-1
Maintained by the Department of State will appear in fails to comply win the requirements of this chapter,
S the FAC, the Department of State may refuse to accept the
Specific Authority 120.53 FS. Law Implemented 120.53(2), proposed rules for filing.
120.55(1)(b) FS. History-Revised 1-1-75.
Specific Authority 120.55(1)(d) FS. Law Implemented
1-1.07 Noncompliance.In the event an agency 120.55(l)(d) FS. History-Revised 1-1-75.

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