(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
1-1.010, 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 Register 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. Agencies shall ensure that the content within the reference
material, including links to external websites, are current and up to date. 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
1-1.010(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)
(a) Unless prohibited by federal copyright
law as determined by the submitting agency, the submitting agency shall
electronically file a complete and correct copy of all materials incorporated
by reference in its rules through the Department of State's e-rulemaking
website at
www.flrules.org, no
later than three (3) business days prior to the rule adoption. Electronically
filed materials may not exceed 100 MB per submission. An agency may file
material in parts to comply with the 100 MB file size requirement, if the
volume of material requires such partial submissions. Referenced materials may
be submitted in any format. At the time the agency submits its rule
certification package for adoption in accordance with Rule
1-1.010, F.A.C., the agency
shall also provide a paper copy of the Certification of Materials Incorporated
by Reference form, as provided in this rule, stating that the materials
incorporated were filed electronically, but shall not provide a paper copy of
the materials incorporated.
(b) The
submitting agency is responsible for ensuring that all incorporated materials
filed electronically comply with Section 508 of the Rehabilitation Act of 1973,
as amended (29 U.S.C. s.
794d., Federal Electronic and Information
Technology Accessibility and Compliance Act).
(c) A submitting agency that determines that
the posting of incorporated material on the Internet for public viewing would
constitute a violation of federal copyright law, shall indicate this using the
form for the certification of materials incorporated by reference, provided in
this rule, at the time of submitting its rule certification package for
adoption. The adopting agency shall also provide the addresses of locations and
the manner in which a person may inspect and examine the copyrighted materials
incorporated by reference in the rule. Incorporated materials that are not
filed electronically shall be submitted with the paper certification form as
part of the rule certification package for adoption. A rule certification
package may not be filed for adoption until all copyrighted materials
incorporated by reference are received in their original format by the
Department of State. Copyrighted materials may be delivered in person or may be
mailed to the following address:
Florida Department of State
Florida Administrative Code and Register
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32308
(d) The following form shall be used for
certification of materials incorporated by reference in any non-emergency rule:
CERTIFICATION OF MATERIALS INCORPORATED
BY REFERENCE IN RULES FILED WITH THE DEPARTMENT OF
STATE
I hereby certify pursuant to Rule
1-1.013, Florida Administrative
Code, that materials incorporated by reference in Rule _______ have
been:
[ ] (1) Filed through the Department of State's e-rulemaking
website at www.flrules.org.
[ ] (2) That because there would be a violation of federal
copyright laws if the submitting agency filed the incorporated materials as
described in option (1) above, a true and complete copy of the incorporated
materials has been provided to the Department of State as outlined in paragraph
1-1.013(5)(c),
F.A.C. Copies of the incorporated materials below may be obtained at the agency
by [include address(es)/location(s)].
List form number(s) and form title(s), or title of
document(s) below:
Under the provisions of Section 120.54(3)(e)6., F.S., the
attached material(s) take effect 20 days from the date filed with the
Department of State, or a later date as specified in the rule.
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____________________________________
Signature, Person Authorized to Certify Rules
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____________________________________
Title
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(e)
The following form shall be used for certification of materials incorporated by
reference in any emergency rule:
CERTIFICATION OF MATERIALS INCORPORATED
BY REFERENCE IN EMERGENCY RULES FILED WITH THE DEPARTMENT OF
STATE
I hereby certify pursuant to Rule
1-1.013, Florida Administrative
Code, that materials incorporated by reference in Emergency Rule _______ have
been:
[ ] (1) Filed with the Department of State and included as
part of the Emergency Rule adoption packet.
[ ] (2) That because there would be a violation of federal
copyright laws if the submitting agency filed the incorporated materials as
described in option (1) above, a true and complete copy of the incorporated
materials has been provided to the Department of State as outlined in paragraph
1-1.013(5)(c),
F.A.C.
Copies of the incorporated materials below may be obtained at
the agency by [include address(es)/location(s)].
List form number(s) and form title(s), or title of
document(s) below:
Under the provisions of Section
120.54(4)(d),
F.S., the attached material(s) take effect upon filing with the Department of
State, or a date less than 20 days thereafter if specified in the rule if the
adopting agency finds that such effective date is necessary because of
immediate danger to the public health, safety, or welfare.
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_____________________________________
Signature, Person Authorized to Certify Rules
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_____________________________________
Title
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(6) When incorporated materials are filed
electronically through the Department of State's e-rulemaking Internet website,
the Department shall make the full text of incorporated materials available
free for public access through an electronic hyperlink from the rule that
references the material, directly to the material incorporated. Hyperlinks from
rules in the Florida Administrative Code to any material other than
incorporated materials are prohibited.
(7) Although incorporated materials will be
made available electronically on the Department of State's e-rulemaking
Internet website, incorporated materials shall not be published in the Florida
Administrative Code or Administrative Register.
