6510560, 1B-30.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6510560

Notice of Proposed Rule

Department:

DEPARTMENT OF STATE

Division:

Division of Library and Information Services

Chapter:

RULEMAKING

Overview

RULE:

1B-30.001	Rule Numbering and Rule Titles (Transferred)
1B-30.0015	Definitions (Transferred)
1B-30.002	Style and Form for Filing Rules; Certification Accompanying Materials (Transferred)
1B-30.003	Publication of Notices in the Florida Administrative Weekly (FAW) (Transferred)
1B-30.004	Legal Citations and History Notes (Transferred)
1B-30.005	Materials Incorporated by Reference (Transferred)

PURPOSE:

These rules were amended to: (1) clarify previously required agency rulemaking requirements by adding detail and changing the location of some rule sections; (2) to include instructions for electronic filing procedures for “e-rulemaking;” and (3) to include new rulemaking requirements to comply with changes in Chapter 120, Florida Statutes (2008).

SUMMARY:

These rules were transferred from Chapter 1S-1 to Chapter 1B-30, F.A.C. References to “Bureau of Administrative Code” were changed to “Administrative Code and Weekly Section.”
Rule 1B-30.001: Three agency rule titles were added (69, 70, and 71).
1B-30.0015: The following terms with definitions were added: “General notice,” “Proposed Rule,” “Promulgate,” “Rule Certification Form,” “Rule Notice,” “Rule Number,” “Rule Title,” “Rulemaking,” “Sub-unit,” and “Title Number.” The following terms with definitions were deleted: “Change/Change Notice/Modification,” “Deliver for Publication,” “New Rule,” “Strike Through,” and “Underline.” The following terms with definitions were modified: “Amended Rule,” “Law Implemented,” “Rule Chapter,” and “File for Adoption.” The term “Coded Copy” was changed to “Coding.”
1B-30.002: Agencies must include a cover letter with each certification packet, designating its contact person for the rule being filed for adoption. Agencies may submit rules on compact discs or DVD’s, in addition to the previously required 3.5" diskette. The certification forms used when filing rules under Sections 120.54(3), 120.54(1)(i)5., 120.54(6), and 403.8055, Florida Statutes, were amended to include a provision that agencies have complied with all applicable rulemaking requirements of the Department of State. In addition, a rule of another agency or a federal regulation may only be effective upon or after the date of filing for its adoption.”
1B-30.003: This rule was amended to include the instructions for use of the Department of State’s electronic rulemaking website: “e-rulemaking.” The rule number and first line of each sub-unit of rule text must be indented by 0.25 inch. Detail was added regarding how to code rule text. Several subsections were modified to clarify rulemaking requirements. The Notice of Rule Development provides agencies the option to voluntarily schedule a rule development workshop, without public request. A DEP Notice of Intent to Adopt A Rule in accordance with Section 120.54(1)(i)5., Florida Statutes, was added. The following was added to the Notice of Change: “The reason for this change (select one) (1) public hearing; (2) written material received on or before the date of the public hearing; or (3) proposed objection by JAPC. The Notice of Proposed Rule requires that agencies submit a SERC if a rule will have an impact on Small Business (as required by the Small Business Regulatory Relief Act located in Section 288.001, and effective July 1, 2008, which also amended Chapter 120, Florida Statutes, in Section 120.54(3)(b)(1). Agencies must also certify that their agency head has approved proposed rules. Forms for notice and disposition of rule waivers or variances were added.
1B-30.004: Additional language was added to specify what information should be included in legal citations and history notes. “Specific Authority” was changed to “Rulemaking Authority” to comply with Chapter 120, Florida Statutes (2008).
1B-30.005: A reference to incorporate a form should include the title, form number, effective date and information regarding how to obtain a copy of the form. An incorporated form must display its title, form number, effective date, and the citation to the rule that incorporates it.

RULEMAKING AUTHORITY:

120.54(1)(i)6., 120.55(1)(d) FS.

LAW:

120.54(2), (3)(e)4., (6), 120.542(6), (8), 120.55(1)(c), (3), 403.8055 FS.

PRINT PUBLISH DATE:

12/12/2008 Vol. 34/50

COMMENTS:

From 12/12/2008 To 1/2/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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