1B-30.002: Style and Form for Filing Rules; Certification Accompanying Materials
1B-30.005: Materials Incorporated by Reference
PURPOSE AND EFFECT: Subsections 1B-30.002(1) and 1B-30.002(3), F.A.C., are amended to clarify the process for submitting a rule certification packet for adoption. Subsections 1B-30.002(7) and 1B-30.002(8), F.A.C., are amended to clarify the process for submitting an emergency rule that constitutes a new rule or is superseding or changing the effect of an existing rule. Subsection 1B-30.005(5), F.A.C., is amended and subsections 1B-30.005(6) and 1B-30.005(7), F.A.C., are created to comply further with legislative changes to Chapter 120, Florida Statutes, triggered by the Open Government Act (particularly ss. 1-9 of Chapter 2008-104, Laws of Florida). Agencies will now be required to submit electronically all materials incorporated by reference into rule, except under certain circumstances.
SUMMARY: Revisions to rule adoption procedures including new electronic submission requirements for materials incorporated by reference in administrative rules.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 20.10(3), 120.54(1)(i)6, 120.54(1)(j), 120.55(1)(d) FS.
LAW IMPLEMENTED: 120.54(1)-(4), (6), 120.55, 403.8055 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: November 8, 2010, 9:00 a.m. – 10:00 a.m.
PLACE: Florida Heritage Hall, Florida Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: General Counsel, Florida Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250, (850)245-6536. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: General Counsel, Florida Department of State, R. A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250, (850)245-6536
THE FULL TEXT OF THE PROPOSED RULE IS:
1B-30.002 Style and Form for Filing Rules; Certification Accompanying Materials.
(1) An agency shall file a complete rule certification packet when filing a rule for adoption with the Administrative Code and Weekly Section.
(a) A complete rule certification packet for all rules, except emergency rules shall consist of the following:
1. through 2. No change.
3. If materials incorporated are filed electronically in accordance with Rule 1B-30.005, F.A.C., the submitting agency shall provide a copy of the email approval confirmation with the certification form required by this rule. If the agency determines that filing incorporated materials electronically would violate federal copyright laws, then the agency shall file oOne original certified copy of the materials incorporated by reference in accordance with, if applicable. Material incorporated by reference shall be certified pursuant to the requirements of Rule 1B-30.005, F.A.C.
4. No change. (b) For emergency rules, a complete rule certification packet filed with the Administrative Code and Weekly Section shall consist of the following:
1. through 2. No change.
3. If materials incorporated are filed electronically in accordance with Rule 1B-30.005, F.A.C., the submitting agency shall provide a copy of the email approval confirmation with the certification form required by this rule. If the agency determines that filing incorporated materials electronically will violate federal copyright laws, then the agency shall file oOne original certified copy of the materials incorporated by reference in accordance with, if applicable. Material incorporated by reference shall be certified pursuant to the requirements of Rule 1B-30.005, F.A.C.
4. through (2) No change.
(3) An agency adopting a rule shall file the original and two copies of the rule certification form as specified in paragraphs (3)(a) through (e) of this rule. More than one rule may be listed on a rule certification form so long as the rules are from the same rule chapter, and so long as the adoption packet includes the rules as they were noticed in the Florida Administrative Weekly. A separate rule certification form shall be filed for each rule chapter affected.
(a) through (e) No change.
(4) An agency adopting a new rule pursuant to Section 120.54(3)(e), F.S., shall file the original and two coded copies of the new rule with the Administrative Code and Weekly Section. The text of the new rule shall be coded by underlining the rule number, rule title, rule text, legal citations and history notes. Each page shall be numbered.
(5) No change.
(6) An agency repealing an existing rule pursuant to Section 120.54(3)(e), F.S., shall file the original and two copies of the existing rule with the Administrative Code and Weekly Section. Rules that repeal existing rules shall contain the words, “The following rules are hereby repealed:” followed by the rule number and title of the rule or rules being repealed and the complete text of each repealed rule with a diagonal line drawn through the entire text of the rule. The text of repealed rules shall be provided by making a copy of the rule text as it appears in the Florida Administrative Code. Each page shall be numbered.
(7) An agency adopting an emergency rule pursuant to Section 120.54(4), F.S., shall file the original and two coded copies of the emergency rule with the Administrative Code and Weekly Section. Each page shall be numbered. The text of the emergency rule shall be coded as follows:
(a) When aAn emergency rule’s requirements createing a new rule, the emergency rule shall be coded as described in subsection (4) of this rule.
(b) When aAn emergency rule for the period in effect changes the requirements or text of amending an existing rule, it shall be coded in the same manner as an existing rule is coded pursuant to as described in subparagraph 1B-30.003(3)(c)2., F.A.C. The emergency rule shall cross-reference the existing rule number. If the change to the existing rule is substantial, it shall be coded in the same manner If the amendment substantially rewords the existing rule, coding shall be as described in subparagraph 1B-30.003(3)(c)(b)3., F.A.C.
(c) When aAn emergency rule for the period in effect supersedes or suspends in its entirety the effect or text of that repeals an existing rule, it shall be coded in the same manner as a repeal of an existing rule pursuant to subparagraph 1B-30.003(3)(c)4., F.A.C., and as described in subsection (6) of this rule. The emergency rule shall cross-reference the existing rule number.
(8)(a) If the effective date of a rule is later than 20 days after being filed, the effective date shall be stated in the rule text immediately following the final text, as set forth in subsection 1B-30.001(3), F.A.C. The effective date shall be preceded by the words, “PROPOSED EFFECTIVE DATE:”. The effective date shall also be provided on the rule certification form if the effective date of the rule is later than 20 days after being filed. The effective date of the rule will not be published in the Florida Administrative Code as part of the rule text, but will appear in the history note.
(b) If the effective date of an emergency rule is other than immediately upon filing, the effective date of the emergency rule shall be stated in the rule text immediately following the text, as set forth in subsection 1B-30.001(2), F.A.C. The effective date shall be preceded by the words, “PROPOSED EFFECTIVE DATE:”. The effective date shall also be provided on the rule certification form if the effective date of the emergency rule is other than immediately upon filing.
(9) through (10) No change.
PROPOSED EFFECTIVE DATE JANUARY 1, 2011.
Rulemaking Authority 20.10(3), 120.54(1)(i)6, 120.54(1)(j), 120.55(1)(d) FS. Law Implemented 120.54(1)-(4), (6), 120.54(3)(e)4., (6), 120.55(1)(c), 403.8055 FS. History–New 5-29-80, Formerly 1-1.02, Amended 12-30-81, 2-9-84, 10-1-84, 11-14-85, 10-19-86, 4-10-90, 6-17-92, 10-1-96, 9-13-98, 8-23-99, 6-20-02, Formerly 1S-1.002, Amended 3-8-09, 1-1-11.
1B-30.005 Materials Incorporated by Reference.
(1) through (4) No change.
(5)(a) Unless prohibited by federal copyright law as determined by the submitting agency, the submitting agency shall electronically file a complete and correct copy of all materials incorporated by reference in its rules through the Department of State’s e-rulemaking website at www.flrules.org, no later than three (3) business days prior to the deadline for rule adoption. Electronically filed materials may not exceed 10MB per submission. An agency may file material in parts to comply with the 10MB file size requirement, if the volume of material requires such partial submissions. Referenced materials may be submitted in any format. At the time the agency submitting its rule certification package for adoption in accordance with Rule 1B-30.002, F.A.C., the agency shall also provide a paper copy of the Certification of Materials Incorporated by Reference form, as provided in this rule, stating that the materials incorporated were filed electronically, but shall not provide a paper copy of the materials incorporated. The agency incorporating material by reference shall file with the Administrative Code and Weekly Section a correct and complete copy of the referenced material with an attached certification form which shall describe the referenced material and specify the rule to which the referenced material relates. Materials incorporated by reference may be filed in any printed format and are not required to be published in the Florida Administrative Weekly or Florida Administrative Code. The following form shall be used for certification of material incorporated by reference:
(b) The submitting agency is responsible for ensuring that all incorporated materials filed electronically comply with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. s. 794d., Federal Electronic and Information Technology Accessibility and Compliance Act).
(c) A submitting agency that determines that the posting of incorporated material on the Internet for public viewing would constitute a violation of federal copyright law, shall indicate this using the form for the certification of materials incorporated by reference, provided in this rule, at the time of submitting its rule certification package for adoption. The adopting agency shall also provide the addresses or locations and the manner in which a person may obtain from the agency a copy of the electronically filed materials incorporated by reference in the rule. Incorporated materials that are not filed electronically shall be submitted with the paper certification form as part of the rule certification package for adoption.
(d) The following form shall be used for certification of materials incorporated by reference:
CERTIFICATION OF MATERIALS INCORPORATED
BY REFERENCE IN RULES FILED WITH THE DEPARTMENT OF STATE
I hereby certify pursuant to Rule 1B-30.005, Florida Administrative Code:
[ ] (1) That materials incorporated by reference in Rule _______ have been electronically filed with the Department of State.
[ ] (2) That because there would be a violation of federal copyright laws if the submitting agency filed the incorporated materials described below electronically, a true and complete paper copy of the incorporated materials are attached to this certification for filing. Paper copies of the incorporated materials below may be obtained at the agency by [include address(es)/location(s)].
List form number(s) and form title(s), or title of document(s) below:
Pursuant to Rule 1B-30.005, Florida Administrative Code, I hereby certify that the attached are true and correct copies of the following materials incorporated by reference in Rule ________. Under the provisions of Section 120.54(3)(e)6., F.S., the attached materials take effect 20 days from the date filed with the Department of State, or a later date as specified in the rule.
(List form number(s) and form title(s), or title of document(s) (Specify electronic or print format))
______________________________________
Signature, Person Authorized to Certify Rules
______________________________________
Title
(6) When incorporated materials are filed electronically through the Department of State’s e-rulemaking Internet website, the Department shall make the full text of incorporated materials available free for public access through an electronic hyperlink from the rule that references the material, directly to the material incorporated. Hyperlinks from rules in the Florida Administrative Code to any material other than incorporated materials are prohibited.
(7) Although incorporated materials will be made available electronically on the Department of State’s e-rulemaking Internet website, incorporated materials shall not be published in the Florida Administrative Code or Administrative Weekly.
PROPOSED EFFECTIVE DATE JANUARY 1, 2011.
Rulemaking Authority 20.10(3), 120.54(1)(j)6., 120.54(1)(i)6., 120.55(1)(d) FS. Law Implemented 120.54(1)(i), 120.55 FS. History– New 5-29-80, Formerly 1-1.04, Amended 9-13-98, Formerly 1S-1.005, Amended 3-8-09, 1-1-11.