Fla. Admin. Code R. 1-1.010
(1) An agency shall file a complete rule certification packet when filing a rule for adoption with the Administrative Code and Register Section.
(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 Rule 1-1.013, F.A.C., 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 Rule 1-1.013, F.A.C.
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 Rule 1-1.013, F.A.C., 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:
(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 Section 120.54(3), F.S.:
CERTIFICATION OF (NAME OF AGENCY)
ADMINISTRATIVE RULES FILED WITH THE DEPARTMENT OF STATE
I hereby certify:
[ ] (1) That all statutory rulemaking requirements of Chapter 120, F.S., and all rulemaking requirements of the Department of State have been complied with; and
[ ] (2) That there is no administrative determination under Section 120.56(2), F.S., 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: ________________________
| _____________________________________ Signature, Person Authorized to Certify Rules | |
|---|---|
| ____________________________________ Title | |
| ____________________________________ Number of Pages Certified |
(b) The following rule certification form shall be used in filing new, amended or repealed rules under the provisions of Section 120.54(6), F.S., entitled “Adoption of Federal Standards”:
CERTIFICATION OF (NAME OF AGENCY)
ADMINISTRATIVE RULES FILED WITH THE DEPARTMENT OF STATE
PURSUANT TO SECTION 120.54(6),
FLORIDA STATUTES
(ADOPTION OF FEDERAL STANDARDS)
I hereby certify:
[ ] (1) That the time limitations prescribed by Section 120.54(6), F.S., and all applicable rulemaking requirements of the Department of State have been complied with; and
[ ] (2) That there is no non-frivolous objection, under Section 120.54(6)(c), F.S., pending on those portions of any rule covered by this certification; and
[ ] (3) All rules covered by this certification are filed not less than 21 days after the notice required by Section 120.54(6)(a), F.S.
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 provisions of Section 120.54(6)(b), F.S., the rule(s) take effect upon the date designated below (but not earlier than the date of filing):
Effective Date: ________________________
| ____________________________________ Signature, Person Authorized to Certify Rules | |
|---|---|
| ____________________________________ Title | |
| ____________________________________ Number of Pages Certified |
(c) The following rule certification form shall be used in filing new, amended or repealed rules under the provisions of Section 120.54(1)(i)5., F.S.:
CERTIFICATION OF (NAME OF AGENCY)
ADMINISTRATIVE RULES FILED WITH THE DEPARTMENT OF STATE
Pursuant to section 120.54(1)(i)5.,
FLORIDA STATUTES
I hereby certify:
[ ] (1) That all statutory rulemaking requirements of Chapter 120, F.S., and all applicable rulemaking requirements of the Department of State have been complied with; and
[ ] (2) That there is no administrative determination under Section 120.56(2), F.S., 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.
[ ] (4) All rules covered by this certification are filed within the time limitations of Section 120.54(1)(i)5., F.S., and no objection to the rules in the certification was filed with the Department by a substantially affected person with 14 days after the date of publication of the notice of intent pursuant to Section 120.54(1)(i)5., F.S.
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(1)(i)5., F.S., the rules take effect 20 days from the date filed with the Department of State:
Effective Date: ________________________
| ____________________________________ Signature, Person Authorized to Certify Rules | |
|---|---|
| ____________________________________ Title | |
| ____________________________________ Number of Pages Certified |
(d) The following rule certification form shall be used in filing new, amended or repealed rules under the provisions of Section 403.8055, F.S.:
CERTIFICATION OF DEPARTMENT OF ENVIRONMENTAL PROTECTION
ADMINISTRATIVE RULES FILED WITH THE DEPARTMENT OF STATE
PURSUANT TO SECTION 403.8055, FLORIDA STATUTES
(ADOPTION OF FEDERAL STANDARDS)
I hereby certify:
[ ] (1) That the time limitations prescribed by Section 403.8055, F.S., and all applicable rulemaking requirements of the Department of State have been complied with; and
[ ] (2) That there is no non-frivolous objection, under Section 403.8055(4), F.S., pending on any rule covered by this certification; and
[ ] (3) All rules covered by this certification are filed not less than 21 days after the notice required by Section 403.8055(1), F.S.
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 provisions of Section 403.8055(2), F.S., the rule(s) take effect upon the date designated below (but not earlier than the date of filing):
Effective Date: ________________________
| ____________________________________ Signature, Person Authorized to Certify Rules | |
|---|---|
| ____________________________________ Title | |
| ____________________________________ Number of Pages Certified |
(e) The following rule certification form shall be used in emergency rules under the provisions of Section 120.54(4), F.S.:
CERTIFICATION OF (NAME OF AGENCY)
EMERGENCY RULE FILED WITH THE
DEPARTMENT OF STATE
I hereby certify that an immediate danger to the public health, safety or welfare requires emergency action and that the attached rule is necessitated by the immediate danger. I further certify that the procedures used in the promulgation of this emergency rule were fair under the circumstances and that the rule otherwise complies with Section 120.54(4), F.S. The adoption of this rule was authorized by the head of the agency and this rule is hereby adopted upon its filing with the Department of State.
Rule No(s).
(List in Columns)
Under the provision of Section 120.54(4)(d), F.S., this rule takes effect upon filing unless a later time and date less than 20 days from filing, is set out below:
Effective Date: ________________________
| ____________________________________ Signature, Person Authorized to Certify Rules |
| ____________________________________ Title |
| ____________________________________ Number of Pages Certified |
(5) An agency adopting an amendment to an existing rule pursuant to Section 120.54(3)(e), F.S., shall file a coded copy of the amended rule with the Administrative Code and Register Section. Each page shall be numbered.
(7) An agency adopting an emergency rule pursuant to Section 120.54(4), F.S., shall file a coded copy of the emergency rule with the Administrative Code and Register Section. Each page shall be numbered. The text of the emergency rule shall be coded as follows:
Rulemaking Authority 20.10(3), 120.54(1)(i)6., 120.54(1)(j), 120.55(1)(c) FS. Law Implemented 120.54(1)-(4), (6), 120.55, 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, Formerly 1B-30.002, Amended 10-1-12, 10-26-17, 5-16-21.