Current as of: Dec. 2011
(1)(a) The Florida Administrative Weekly (FAW) is published each Friday of the year except those Fridays that are observed as official state holidays designated by Section 110.117, F.S. When Friday is observed as a holiday, publication shall be on the last working day of the week in which the Friday holiday is observed.
(b) All notices to be published in the FAW must be received by the Administrative Code and Weekly Section, before 12:00 Noon Wednesday, the week prior to publication. When Wednesday, Thursday, or Friday of the week of submission is observed as a holiday, the deadline for receiving notices shall be 12:00 Noon on Monday, the week prior to publication.
(2) All notices to be published in the FAW must be submitted electronically through the Department of State’s e-rulemaking website: www.flrules.org/agency/login.asp.
(a) Agencies shall contact the Administrative Code and Weekly Section to designate one or more agency administrator(s) to manage the agency’s submissions on the e-rulemaking website. The agency administrator’s duties include managing the agency submissions, payment profiles, rule notices, general notices, public comments and designating rule and chapter numbers on the e-rulemaking website.
(b) A billing profile shall be completed on the e-rulemaking website prior to the submission of notices for publication in the FAW.
(3) The following applies to all rule notices submitted for publication in the FAW:
(a) A single rule notice may contain more than one rule if the rules share the same chapter number.
(b) Rule notices shall not contain any markup revision, redlining or automatic numbering.
(c) All rule notices shall be coded as follows:
1. A new rule shall be coded by underlining all text, including spaces and punctuation. (Example: (1) The petitioner shall contact the agency.)
2. An amended rule shall be coded by underlining new text and by striking through deleted text. New text shall appear before deleted text. The space immediately before and immediately after the new text or deleted text shall not be coded. (Example: The petitioner party shall contact the agency head within 30 days.). New text inserted in an amended rule shall not immediately precede remaining text or stricken text. (Example of incorrect coding: The petitionerparty shall contact the agency head.). (Example of correct coding: The petitioner party shall contact the agency.)
a. Newly inserted subsections, paragraphs, subparagraphs or sub-subparagraphs shall be coded in the same manner as the following examples. (Example of incorrect coding: (12) or (a) 1.). (Example of correct coding: (1)(2) or (a)1.).
b. A portion of a word shall not be amended without completely striking through existing text and inserting new text unless the amendment changes the capitalization of the word. (Examples of incorrect coding: petitionerarty or administratorion). (Example of correct coding: petitioner party or administrator administration). A change in capitalization is coded by adding the newly inserted letter immediately before the deleted letter. (Example of correct coding: Ppetitioner).
c. Any subsection, paragraph, subparagraph, or sub-subparagraph not being amended shall not be included and shall be noted as “No change”, unless inclusion is necessary to make the publication of the amended rule complete and meaningful.
3. If an amendment to a rule is so extensive that coding would hinder, rather than assist the understanding of the amendment, the notice shall only contain the underlined new text. The rule number and the existing rule title, legal citations and history note lines shall not be underlined. Amendments to the rule title, legal citations, or history notes shall be coded to indicate new or deleted text. The following directory line shall be inserted immediately before the rule number and rule title of the substantially reworded rule: “Substantial rewording of Rule __________ follows. See Florida Administrative Code for present text.” The present text of the rule shall not be included in the notice.
4. Rule repeals shall be coded by underlining the word “Repealed” in the history note. The full text of the rule is not required to be published in the FAW. Only a reference to the rule number, rule title, legal citations and history notes must be published, provided that the rule summary portion of the notice fully describes the subject matter of the repealed rule text. Partial rule repeals will be treated in the same manner as an amendment.
(4) The following applies to all notices submitted for publication in the FAW:
(a) Margins shall be set at 1'' at the top, bottom and sides.
(b) Text shall be left justified.
(c) The font shall be 10 point Times New Roman.
(d) Indents shall be set at 0.25''.
(5) The following templates containing the required format for notices to be published in the FAW may be accessed from the e-rulemaking website: www.flrules.com/agency/login.asp:
(a) Except when the intended action is the repeal of a rule; negotiated rulemaking undertaken pursuant to Section 120.54(2)(d), F.S.; the adoption of an emergency rule pursuant to Section 120.54(4), F.S.; or the adoption of a rule pursuant to Section 120.54(1)(i)5., 120.54(6) or 403.8055, F.S., agencies shall provide notice of the development of proposed rules by publishing a Notice of Rule Development in the FAW. If the text of the rule is included in the notice, the text shall be coded as described in subsection (3) of this rule. The following notice format shall be used, but only one of the rule development workshop alternatives and one of the preliminary text alternatives shall be selected for publication in the FAW:
NOTICE OF RULE DEVELOPMENT
NAME OF AGENCY
Division or Board
U.S. Code Provisions: Libraries
Federal Regulations: Libraries