Florida Regulations 1-1.010: Style and Form for Filing Rules; Certification Accompanying Materials
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(1) An agency shall file a complete rule certification packet when filing a rule for adoption with the Administrative Code and Register Section.
(a) Rules shall be filed by emailing adoption packets to RuleAdoptions@DOS.MyFlorida.com. Filing hours are 12:00 a.m. to 11:59 p.m. Administrative Code and Register (ACR) staff will review the adoption packets during normal business hours. A rule is deemed filed when a complete and correct adoption packet is received in the email address above.
(b) A complete rule certification packet for all rules, except emergency rules, shall consist of the following:
1. A single PDF document containing:
a. A cover letter designating the agency’s contact person for the rule filed for adoption. The letter shall include the contact person’s phone number, physical mailing address and email address.
b. The signed rule certification form.
c. The signed minor violation certification (form DS-FCR-6).
d. The coded text of the rule, including the legal citations and history notes.
e. A summary of the rule.
f. A detailed written statement of the facts and circumstances justifying the rule.
g. A summary of any hearings held on the rule. A summary of any hearing held on the rule shall include the time, date and place of the hearing. When no public hearing is held, the summary shall include the following statement: “”No timely request for a hearing was received by the agency, and no hearing was held.””
h. If materials incorporated are filed electronically in accordance with Fl. Admin. Code R. 1-1.013, the submitting agency shall include 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 one original certified copy of the materials incorporated by reference in accordance with Fl. Admin. Code R. 1-1.013
2. A Word document containing only the coded text of the rule, including legal citations and history notes.
(c) For emergency rules, a complete rule certification packet filed with the Administrative Code and Register Section shall consist of the following:
1. A single PDF document containing:
a. A cover letter designating the agency’s contact person for the rule filed for adoption. The letter shall include the contact person’s phone number, physical mailing address and email address.
b. The signed rule certification form.
c. The signed minor violation certification (form DS-FCR-6).
d. The coded text of the rule, including legal citations and history notes.
e. A statement of the specific facts and reasons for finding an immediate danger to the public health, safety or welfare.
f. A statement of the agency’s reasons for concluding that the procedure used is fair under the circumstances.
g. If materials incorporated are filed in accordance with Fl. Admin. Code R. 1-1.013, the submitting agency shall include a copy of the signed certification form required by this rule and include a copy of the material.
2. A Word document containing only the text of the rule, including legal citations and history notes.
(2) All documents, except the cover letter, required by subsection (1) of this rule, shall be formatted as follows:
(a) Typed on white, letter-size (8 1/2” x 11”) paper, double spaced.
(b) Margins shall be one inch at the top, bottom and on each side of the page.
(c) The font of the text shall be 10 point Times New Roman.
(3) An agency adopting a rule shall file the rule certification form as specified in paragraphs (3)(a) through (f) 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 rules that were included in the same notice in the Florida Administrative Register. A separate rule certification form shall be filed for each rule chapter affected.
(a) The following rule certification form shall be used in filing new, amended or repealed rules under the provisions of Florida Statutes § 120.54(3):
CERTIFICATION OF (NAME OF AGENCY)
ADMINISTRATIVE RULES FILED WITH THE DEPARTMENT OF STATE
I hereby certify:
[ ] (1) That all statutory rulemaking requirements of Florida Statutes Chapter 120, and all rulemaking requirements of the Department of State have been complied with; and
[ ] (2) That there is no administrative determination under Florida Statutes § 120.56(2), pending on any rule covered by this certification; and
[ ] (3) All rules covered by this certification are filed within the prescribed time limitations of Section 120.54(3)(e), F.S. They are filed not less than 28 days after the notice required by Section 120.54(3)(a), F.S.; and
[ ] (a) Are filed not more than 90 days after the notice; or
[ ] (b) Are filed more than 90 days after the notice, but not more than 60 days after the administrative law judge files the final order with the clerk or until 60 days after subsequent judicial review is complete; or
[ ] (c) Are filed more than 90 days after the notice, but not less than 21 days nor more than 45 days from the date of publication of the notice of change; or
[ ] (d) Are filed more than 90 days after the notice, but not less than 14 nor more than 45 days after the adjournment of the final public hearing on the rule; or
[ ] (e) Are filed more than 90 days after the notice, but within 21 days after the date of receipt of all material authorized to be submitted at the hearing; or
[ ] (f) Are filed more than 90 days after the notice, but within 21 days after the date the transcript was received by this agency; or
[ ] (g) Are filed not more than 90 days after the notice, not including days the adoption of the rule was postponed following notification from the Joint Administrative Procedures Committee that an objection to the rule was being considered; or
[ ] (h) Are filed more than 90 days after the notice, but within 21 days after a good faith written proposal for a lower cost regulatory alternative to a proposed rule is submitted which substantially accomplishes the objectives of the law being implemented; or
[ ] (i) Are filed more than 90 days after the notice, but within 21 days after a regulatory alternative is offered by the ombudsman in the Executive Office of the Governor.
The rules are hereby adopted by the undersigned agency by and upon their filing with the Department of State.
Rule No(s).
Terms Used In Florida Regulations 1-1.010
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) A complete rule certification packet for all rules, except emergency rules, shall consist of the following:
1. A single PDF document containing:
a. A cover letter designating the agency’s contact person for the rule filed for adoption. The letter shall include the contact person’s phone number, physical mailing address and email address.
b. The signed rule certification form.
c. The signed minor violation certification (form DS-FCR-6).
d. The coded text of the rule, including the legal citations and history notes.
e. A summary of the rule.
f. A detailed written statement of the facts and circumstances justifying the rule.
g. A summary of any hearings held on the rule. A summary of any hearing held on the rule shall include the time, date and place of the hearing. When no public hearing is held, the summary shall include the following statement: “”No timely request for a hearing was received by the agency, and no hearing was held.””
h. If materials incorporated are filed electronically in accordance with Fl. Admin. Code R. 1-1.013, the submitting agency shall include 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 one original certified copy of the materials incorporated by reference in accordance with Fl. Admin. Code R. 1-1.013
2. A Word document containing only the coded text of the rule, including legal citations and history notes.
(c) For emergency rules, a complete rule certification packet filed with the Administrative Code and Register Section shall consist of the following:
1. A single PDF document containing:
a. A cover letter designating the agency’s contact person for the rule filed for adoption. The letter shall include the contact person’s phone number, physical mailing address and email address.
b. The signed rule certification form.
c. The signed minor violation certification (form DS-FCR-6).
d. The coded text of the rule, including legal citations and history notes.
e. A statement of the specific facts and reasons for finding an immediate danger to the public health, safety or welfare.
f. A statement of the agency’s reasons for concluding that the procedure used is fair under the circumstances.
g. If materials incorporated are filed in accordance with Fl. Admin. Code R. 1-1.013, the submitting agency shall include a copy of the signed certification form required by this rule and include a copy of the material.
2. A Word document containing only the text of the rule, including legal citations and history notes.
(2) All documents, except the cover letter, required by subsection (1) of this rule, shall be formatted as follows:
(a) Typed on white, letter-size (8 1/2” x 11”) paper, double spaced.
(b) Margins shall be one inch at the top, bottom and on each side of the page.
(c) The font of the text shall be 10 point Times New Roman.
(3) An agency adopting a rule shall file the rule certification form as specified in paragraphs (3)(a) through (f) 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 rules that were included in the same notice in the Florida Administrative Register. A separate rule certification form shall be filed for each rule chapter affected.
(a) The following rule certification form shall be used in filing new, amended or repealed rules under the provisions of Florida Statutes § 120.54(3):
CERTIFICATION OF (NAME OF AGENCY)
ADMINISTRATIVE RULES FILED WITH THE DEPARTMENT OF STATE
I hereby certify:
[ ] (1) That all statutory rulemaking requirements of Florida Statutes Chapter 120, and all rulemaking requirements of the Department of State have been complied with; and
[ ] (2) That there is no administrative determination under Florida Statutes § 120.56(2), pending on any rule covered by this certification; and
[ ] (3) All rules covered by this certification are filed within the prescribed time limitations of Section 120.54(3)(e), F.S. They are filed not less than 28 days after the notice required by Section 120.54(3)(a), F.S.; and
[ ] (a) Are filed not more than 90 days after the notice; or
[ ] (b) Are filed more than 90 days after the notice, but not more than 60 days after the administrative law judge files the final order with the clerk or until 60 days after subsequent judicial review is complete; or
[ ] (c) Are filed more than 90 days after the notice, but not less than 21 days nor more than 45 days from the date of publication of the notice of change; or
[ ] (d) Are filed more than 90 days after the notice, but not less than 14 nor more than 45 days after the adjournment of the final public hearing on the rule; or
[ ] (e) Are filed more than 90 days after the notice, but within 21 days after the date of receipt of all material authorized to be submitted at the hearing; or
[ ] (f) Are filed more than 90 days after the notice, but within 21 days after the date the transcript was received by this agency; or
[ ] (g) Are filed not more than 90 days after the notice, not including days the adoption of the rule was postponed following notification from the Joint Administrative Procedures Committee that an objection to the rule was being considered; or
[ ] (h) Are filed more than 90 days after the notice, but within 21 days after a good faith written proposal for a lower cost regulatory alternative to a proposed rule is submitted which substantially accomplishes the objectives of the law being implemented; or
[ ] (i) Are filed more than 90 days after the notice, but within 21 days after a regulatory alternative is offered by the ombudsman in the Executive Office of the Governor.
The rules are hereby adopted by the undersigned agency by and upon their filing with the Department of State.
Rule No(s).
(List in Columns)
Under the provision of Section 120.54(3)(e)6., F.S., the rules take effect 20 days from the date filed with the Department of State or a later date as set out below:
Effective Date: ________________________