Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1 - Departmental › Chapter 1-1 - RULEMAKING › Section 1-1.010 - Style and Form for Filing Rules; Certification Accompanying Materials

Current through Reg. 50, No. 138; July 16, 2024
(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 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.