Rules of The Department of State

Material Information

Rules of The Department of State
Alternate Title:
Rules of The Department of State. Rule Making with numbers assigned to the corresponding state agencies
Publication Date:
Physical Description:


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


General Note:
Box 5, Folder 18 ( SF Rules, Standardization of Numbering ), Item 43
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 4 Department of Insurance
1-1.02 Style and form for filing rules 5 Department of Agriculture and Consumer
1-1.021 Florida Administrative Weekly Services
1-1.03 History notes 6 Department of Education
1-1.04 Publication by reference 7 Department of Business Regulation
1-1.05 Agency rule reprints 8 Department of Commerce
1-1.06 Uniform indexing procedures 9 Department of Community Affairs
1-1.07 Noncompliance 10 Department of Health and Rehabilitative
1-1.01 Numbering system. A decimal 11 Department of Law Enforcement
numbering system similar to that used in the Florida 12 Department of Revenue
Statutes is hereby adopted for the designation of all 13 Department of General Services
administrative rules promulgated pursuant to Chapter 14 Department of Transportation
120, Florida Statutes (F.S.). The primary difference 15 Department of Highway Safety and Motor
is the addition of a unique control number assigned Vehicles
to each state agency by the Department of State. 16 Department of Natural Resources
(Example: 1-1.04). If more than one major activity 17 Department of Pollution Control
exists within a department then a letter of the 18 Board of the Internal Improvement Trust Fund
alphabet shall be added to the control number to 19 State Board of Administration
" designate rules applicable to such major activity 20 Department of Citrus
(Example: 1A-1.04). If more than one function exists 21 Department of Professional and Occupational
within a major activity of a department, then a Regulation
S different chapter number shall be used to designate 22 Department of Administration
rules applicable to such function.(Example: 1A-1.04). 23 Parole and Probation Commission
A decimal point shall follow each chapter number. 24 Pardon Board
The digits following the decimal point indicate the 25 Public Service Commission
individual rule section within the chapter. (Example: 26 Assessment Administration Review Commission
1A-1.04). A subsection is indicated by a number in General Authority 120.55(1)(d) FS. Law Implemented
parentheses. (Example: 1A-1.04(1)). A paragraph 120.55(1)(d) FS. History-Revised 1-1-75.
within a subsection is indicated by a letter is
parentheses. Example: 1A-1.04(1)(a)). Designations 1-1.02 Style and form for filing rules.
for Subparagraphs and Sub-subparagraphs shall be the (1) All departments shallform for file their rules
same as in the Florida Statutes. (Example: the Department of State together wi le th rtifi
1A- .04(1)(a1 te Department of State together with a certification
T ollog nl num s he bn as provided by either Form FAC 1 or Form FAC 2.
T he following control numbers have been Form FAC 1 shall be used for each rule to be adopted
assigned by the Department of State to the or amended. Form FAC 2 shall be used for each rule
corresponding state agencies: proposed to be repealed. The style and form

1 Department of State prescribed in this section for filing rules shall he used
2 Department of Legal Affairs for all rules filed. Form FAC 1 and FAC 2 shall be
3 Department of Banking and Finance submitted in the following form:


('1IAPTER 1-1 RULE MAKING Supp. No. 60

FAC 1: To be used for filing proposed rules or FAC 2: To be used for filing of agency rules proposed
anmedments. to be repealed.
Certification of

Administrative Rules Filed With the Department Of Certification of
State, Administrative Rules Filed With the Department Of

(Pu-suant to Chapter 120, Florida Statutes) State,

I do hereby certify that the attached rules are (Pursuant to Chapter 120, Florida Statutes)
correct copies as filed on pursuant to a
(meeting, public hearing, or other) held date I do hereby certify that the (Board, Commission, or
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
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
1A-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
Number of rule pages certified
Number of rule pages certified

(2) Pursuant to Paragraph 120.54(10)(b), F.S., (d) Written statement of the facts and
the agency shall file with the Department of State its circumstances justifying the rule.
prolwsed rules, amendments and repeals and the (e) Summary of the hearing.
allowing supportive materials: (3) Rules filed with the Department of State
(a) Certified copy of the rule numbered in shall be typed on legal size paper (8Vx14),
* 'aric with Section 1-1.01, herein and worded doublespaced with a 2" margin at the top and
cty ;s it is to be printed in the FAC, provided, bottom, and a 1" margin on both sides.
I,,wver, this paragraph shall not apply to rules (4) All amendments filed with the Department
I'J,,'st S' / i. tlilernt from that specified in Subsection through are deletions from existing rules; words
I.( 1), .S., it must be specified. Each rule must underlined are additions.
st ()ll.e byX the history note requirctd by (5) Each agency shall submit a catchline for
each section, which shall follow the section number;
(Ib) ratificationon by Form FAC 1, or FAC 2 provided, however, that said catchline shall not be
l.,ll I,. fil(.ed for each chapter. If noire than one construed as part of the substantive language of the
I"' ...' ;I( l'pt ion, aircendment or repeal is filed at section. Section numbers with catchlines shall be
i, O,,, (rtification shall lbe used so long listed at the beginning of each rule chapter.
I,,. n!, ,. c(,l)i(,.( within the same chapt er (6) Each l)rol)osed rule shall be adopted and
i ll 'we.vter, a , .. t1 i, ;Il()l a l ln ,ln t and repeal within 120.54(11), F.S.
J t '(7) Any rule omitted from publication
SIl 1n iry of lie p(opsed rule. In l pursuant to Paragraph ]20.55(1)(b1), IS., shall be
1, ; l i;'*'^t l lltr p;.t ol (.t |ctio l tin. filed with the l)ejparlmen t of State in the form
.... i si a ( tt i bll in pres!cribedt I)y Sectio i 1 1.02 lor, ol.lir rules except
for the rule number. Sucli nulmbet r shall be indicated



by a lower case "x" following the agency control DEPARTMENT OF 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
t"^\ Subsection 120.54(8), F.S., shall be submitted in the
S same form prescribed by Subsection 1-1.02(3),
""a" 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
first effective. Such indicators shall follow the agency
control number, and division letter if applicable.
Further, emergency rules shall be numbered
S consecutively each year beginning January 1, 1975, S C LGAL AUY U R
' and such numbers used shall be in lieu of the chapter SPECIFIC LEGAL AUTHORITY UNDER WHICH
and section numbers required for rules normally THE ADOTI IS AUTHORIZED AND THE
promulgated. (Examples: 1ER75-1; 1AER75-2). Such LAWBEINGIMPLEMNTED INTERPRETED OR
rules will be summarized in the FAW but will not be MADE SPECIFIC:
printed in the FAC. Emergency rules are accepted by
the Department of State without the Department
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. $ IF NOT
welfare, to which the rule is applicable, does in fact POSSIBLE TO DETERMINE, THE REASONS WHY
Specific Authority 120.55(1)(d) FS. Law Imiplemented BE ESTIMATED:
120.54(10)(b), 120.55(1)(d) FS. History--Revised 1-1-75,
Amend 1 1 F HistoryRied 8-1-75. IF REQUESTED A HEARING WILL BE HELD AT:
1-1.021 Florida Administrative Weekly. A COPY OF THE PROPOSED RULE MAY
(1) The Florida Administrative Weekly (FAW) BE OBTAINED BY WRITING TO:
shall be published Friday every week of the year in (5) Form FAC 4 shall be submitted in the
S which Friday is not a holiday observed by state following form for filing notices of public meetings,
S agencies as set forth in Rule 22A-8.09, Florida hearings, or workshops:
Administrative Code. When Friday is observed as a The (name of agency) announces a (public
holiday, publication will be on the last working day meeting, hearing, or workshop) to which all persons
of that week in which the Friday holiday is observed, are invited.
When Wednesday, Thursday, or Friday of any week is DATE AND TIME:
observed as a holiday all material to be included in PLACE
the Florida Administrative Weekly to be published'
that week must be received by the Department of PURPOSE:
State no later than 12:00 p.m. Monday of the week
in which the notice is to appear. At all other times,
the deadline for submission of material to the A copy of the agenda may be obtained by
Department of State for publication in the Florida writing to (name of agency) at (agency headquarters).
Administrative Weekly shall be 12:00 p.m. (6) Form FAC 5 shall contain sufficient
Wednesday of the week in which the notice is to information to advise substantially affected persons of
appear. the nature of the proceeding. Form FAC 5 shall be
(2) The FAW shall contain the information submitted in the following form for Declaratory
required by Paragraph 120.55(1)(c), Florida Statutes. statement:
(3) Forms FAC 3 through 6, to be published in NOTICE IS HEREBY GIVEN that the agency)
the FAW, shall be typed on letter size paper (8V2x11), received the following petitions) for Declaratory
double spaced with a one inch margin on the left and Statements:
a half-inch margin on the right. The information given (Name of Petitioner):
., thereon shall be typed on a pica typewriter. The __
amount of space provided in the form under each
heading shall be the maximum space used for
providing the information required therein, except in (7) Form FAC 6 shall be submitted in the
Form FAC 5. The lines used in Forms FAC 3, 4 and 6 following form for filing of Emergency Rules:
are to designate the amount of space that may be DEPARTMENT OF RULE NO. --
used under each heading. Do not underline copy SPECIFIC REASONS FOR FINDING AN
when Forms are submitted for publication. IMMEDIATE DANGR:lt TO PUBLIC HEALTH,
"(4) Form FAC 3 shall be submitted in the SAFETY AND WELFARE: --
f" ... following form for the filing of prolpohed rules,
armendn-ents and repeal: -- --- :-___~---- -------------



REASONS WHY PROCEDURE USED IS FAIR Specific Authority 120.55(1)(d) FS. Law Implemented
UNDER THE CIRCUMSTANCES: 120.54(6), 120.55 (l)(e) FS. History-Revised 1-1-75.,
Amended 8-1-75.
"1-1.04 Publication by reference. Any
"ordinance, standard, specification or similar material
"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
A 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
Administrative 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 1-1.05 Agency rule reprints. An agency may
120.54(8)(a)3, 120.55(1)(c) FS. History-New 8-1-75, purchase reprints of its rules through the Department
Amended 4-13-76. of State by submitting, in triplicate, an agency rule
1-1.03 History notes. reprint form as provided by the Department. All
(1) All prosed rules shall be accompanied by inquiries concerning the reprints should be directed
the information required in Section 120.54(6), to the printer, whose name appears on the reprint .
Florida Statutes. form.
(2) History notes on rules adopted prior to Specific Authority 120.55(1)(d) PS. Law Implemented
January 1, 1975 shall contain: 120.55(2) FS. History-Revised 1-1-75.
(a) The date of adoption, when available.
(b) The date of each revision. 1-1.06 Uniform indexing procedures.
(d) Ah date met that the oient. (1) Each agency shall establish and maintain' a
Proced) A st teent that the Joint Administrative subject matter index of its rules and a separate index
Procedures Committee has objected to the rule, when of i *soxdrs
applicable, of its orders.
(e) The date of the issue of the orida (2) The form of both indexes shall be similar
Administrative Weekly in which a notice of the to that used in the Florida Statutes. In the case of the
committee's objection appears e rule index the title of each chapter shall appear in
SA rmmieference to any previous rule number bold letters at the left margin in alphabetical order.
the rule rmay have had. 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 1, 1975 shall contain: chapter followed by the appropriate rule number.
(a) The effective of datheof the rule. Example:
(b) The date of each amendment clarity of
(c) A statement that the Joint Administrative CONDOMINIUMS AND COOPERATIVES,
Procedures Committee has objected to the rule, when Cancellation of contracts, 2-16.03
applicable. Definitions, 2-16.01
(d) The date of the issue of the Florida Sales; transfer of association control,
Administrative Weekly in which the committee's 2-16.02
objection appears. Unfair and deceptive acts, 2-16.04
(4) To assure the accuracy and clarity of
history notes in the Florida Administrative Code, (3) Beginning January 1, 19'15, the
numbers of repealled sections shall not be reassigned Department of State and each agency shall ,each
to sections subsequently promulgated and adopted, maintain a copy of the rule index. The rule index



maintained by the Department of State will appear in fails to comply with the requirements of this chapter,
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(1)(d) FS. History-Revised 1-1-75.



* ^