23153529, 1ER20-3 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 23153529

Notice of Emergency Rule

Department:

DEPARTMENT OF STATE

Overview

RULE:

1ER20-3

Style and Form for Filing Rules; Certification Accompanying Materials

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

A public health emergency and state of emergency have been ordered or declared by the Governor in Executive Orders No. 20-51 and 20-52 for the entire state in response to the COVID-19 virus. These and other orders and guidance limit person-to-person contact in various ways to prevent the spread of the virus. By permitting the filing of rule certification packets to be accomplished by email, with originals to follow in the mail, person-to-person contact is limited.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

Normally agencies file rule certification packets in person with the Florida Administrative Code and Register. Staff reviews the packets and advises the filer if the packet is complete and accepted. This same process will occur, except that the filer will send the packet electronically, wherein staff will still review and advise via email confirmation if the packet is complete and accepted. The filer will then send an original and a copy of the packet no later than the next business day. The Department of State is aware of the rulemaking procedures prescribed by Section 120.54, Florida Statutes, but due to the immediate and evolving nature of the state of emergency, regular rulemaking is too lengthy in both adoption and effect in that further limiting of person-to-person contact is required now.

SUMMARY:

Removes the requirements related to delivering an original and two copies of the rule certification packet at the time of filing. Instead, filing will be accomplished by email and the original packet along with a copy will follow for purposes of archiving and submission to the Joint Administrative Procedures Committee.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Ashley E. Davis at (850) 245-6531 or ashley.davis@dos.myflorida.com.

PRINT PUBLISH DATE:

4/20/2020 Vol. 46/77

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=1ER20-3&PDate=4/20/2020&Section=4

REFERENCE MATERIALS:

Ref-08723 Designation of Rule the Violation of Which is a Minor Violation (DS-FCR-6)

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.