1B-30.005: Materials Incorporated by Reference
PURPOSE AND EFFECT: Amend Rule 1B-30.005, F.A.C., to include instructions for electronic submission and filing of materials incorporated by reference.
SUBJECT AREA TO BE ADDRESSED: Electronic submission thorugh www.flrules.com of documents incorporated by reference in administrative rules.
SPECIFIC AUTHORITY: 120.54(1)(i)6., 120.55(1)(d) FS.
LAW IMPLEMENTED: 120.54(1)(i) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: need date and time
PLACE: R. A. Gray Building, 500 S. Bronough Street, Tallahassee, FL
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Gerard Clark
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
1B-30.005 Materials Incorporated by Reference.
(1) Any ordinance, standard, specification, guideline, manual, handbook, map, chart, graph, report, form or instructions to forms, or other similar material that meets the definition of rule provided in Section 120.52(16), F.S., and is generally available to affected persons may be incorporated by reference in a rule adopted pursuant to Section 120.54, F.S., and Rule 1B-30.002, F.A.C.
(2) A reference to material incorporated in a rule must include:
(a) Specific identification of the incorporated material, along with an effective date. Forms and their instructions should be identified by title, the form number, and effective date. In addition, incorporated forms and instructions should clearly display the form title, form number, effective date, and the number of the rule in which it is incorporated.
(b) A statement that the material is incorporated by reference.
(c) A statement describing how an affected person may obtain a copy of the incorporated material.
(Notice: agencies or units of government not within the Department of State may not indicate the Department of State or the Administrative Code and Weekly Section as the agency responsible for providing copies of incorporated materials.)
(3) A rule may incorporate material by reference, but only in the form that the material exists on the date that the rule is adopted. Any substantive amendments to material incorporated by reference must be promulgated under the rulemaking provisions of Section 120.54, F.S., in order for the amended portions to be valid. Technical changes, those not changing the substance of the material incorporated by reference, may be made in accordance with subsection 1B-30.002(10), F.A.C.
(4) An agency may incorporate another of its own rules by reference. Unlike other incorporated materials, however, such an incorporation will automatically incorporate subsequent amendments of the incorporated rule(s), unless the agency clearly expresses a contrary intent within the rule that incorporates other rule(s). A notice of an amendment of a rule that is incorporated in another rule must explain the effect of its amendment on the rule that incorporates the rule being amended.
(5) The agency incorporating material by reference shall file with the Administrative Code and Weekly Section a correct and complete copy of the referenced material together 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 shall may be submitted electronically through the Department of State’s e-rulemaking website: www.flrules.org 3 business days prior to adoption, except if the incorporated material is copyrighted. Copyrighted material shall be certified in paper form at the time of adoption. Referenced materials may be submitted 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:
CERTIFICATION OF MATERIALS INCORPORATED
BY REFERENCE IN RULES FILED WITH THE DEPARTMENT OF STATE
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) (Speficy electronic or print format))
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____________________________________ Signature, Person Authorized to Certify Rules |
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____________________________________ Title |
Rulemaking Authority 120.54(1)(i)6., 120.55(1)(d) FS. Law Implemented 120.54(1)(i) FS. History–New 5-29-80, Formerly 1-1.04, Amended 9-13-98, Formerly 1S-1.005, Amended 3-8-09, Amended ___________.