1-1.010. Rule Adoption Packets and Reviewed Rule Certifications

(1) An agency shall file a complete and correct rule adoption packet when filing a rule for adoption with the Administrative Code and Register Section. (a) Rules shall be filed by emailing the rule adoption packet, emergency rule adoption packet, or certified copy of a rule reviewed pursuant to Section 120.5435, F.S., to RuleAdoptions@dos.fl.gov. A rule is deemed filed for adoption or considered to have completed the rule review process at the time a complete and correct rule adoption packet, emergency rule adoption packet, or certified copy of a reviewed rule is received in the RuleAdoptions@dos.fl.gov email inbox. Filing hours are 12:00 a.m. to 11:59 p.m. Monday through Sunday. The Administrative Code and Register staff shall review the filings during normal business hours. If the Administrative Code and Register Section find an adoption packet, emergency rule adoption packet, or certified copy of a reviewed rule is incomplete or incorrect, the date and time the rejected adoption packet was filed does not constitute the time a rule is filed for final adoption or the time a rule has completed the rule review process pursuant to Section 120.5435, F.S. (b) For new, amended, or repealed rules filed under the provisions of Section 120.54(3), F.S., a complete and correct rule adoption packet shall consist of the following: 1. A single PDF document containing: a. An agency cover letter designating the agency’s contact person for the rule filed for adoption. The letter shall include the mailing address, email address, and telephone number for the agency’s designated contact person. b. A signed Certification of (Name of Agency) Administrative Rules Filed with the Department of State form that is applicable to the type of rule that is being filed for adoption. The Certification of (Name of Agency) Administrative Rules Filed with the Department of State forms are incorporated by reference in paragraphs 1-1.010(3)(a) through (d), F.A.C. c. A signed Form DOS-7, “Certification of (Name of Agency) Designation of Rules the Violation of Which is a Minor Violation,” which is incorporated by reference in paragraph 1-1.010(3)(g), F.A.C. d. The coded rule text, including 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 date, time, 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 by reference are filed electronically in accordance with Rule 1-1.013, F.A.C., the submitting agency shall include: (I) A signed Form DOS-8, “Certification of Materials Incorporated by Reference in Rules Filed with the Department of State,” which is incorporated by reference in subparagraph 1-1.013(6)(c)1., F.A.C.; and (II) A copy of the approval confirmation email; or (III) If the agency determines that filing materials incorporated by reference 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 rule text, including legal citations and history notes. The filed coded rule text shall match the rule text noticed in the Notice of Proposed Rule. Any changes made subsequent to the publication of a Notice of Proposed Rule must be supported by a Notice of Change and/or Notice of Correction. The filed coded rule text shall reflect all amendments being made to the rule based on the rule text that is in effect at the time the rule is filed for adoption. (c) For emergency rules, a complete and correct rule adoption packet shall consist of the following: 1. A single PDF document containing: a. An agency cover letter designating the agency’s contact person for the rule filed for adoption. The letter shall include the mailing address, email address, and telephone number for the agency’s designated contact person. b. A signed Form DOS-5, “Certification of (Name of Agency) Emergency Rule Filed with the Department of State,” which is incorporated by reference in paragraph 1-1.010(3)(e), F.A.C. c. A signed Form DOS-7, “Certification of (Name of Agency) Designation of Rules the Violation of Which is a Minor Violation,” which is incorporated by reference in paragraph 1-1.010(3)(g), F.A.C. d. The coded rule text, including legal citations and history notes. e. A statement of one of the following: (I) The agency’s reasons for concluding that the procedure used is fair under the circumstances and the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare; or (II) The emergency rulemaking authority granted to the agency by the Legislature. (III) When renewing an existing emergency rule, the specific facts and reasons for such renewal. (IV) When superseding an existing emergency rule, the specific facts and reasons for such supersession. (V) When repealing an existing emergency rule, the reason why the emergency rule is no longer necessary. f. 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 Form DOS-9, “Certification of Materials Incorporated by Reference in Emergency Rule Filed with the Department of State,” which is incorporated by reference in subparagraph 1-1.013(6)(c)2., F.A.C. The emergency rule adoption packet shall also include a copy of the materials incorporated by reference. If the agency determines that the incorporated materials are protected by federal copyright law 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 emergency rule text, including legal citations and history notes. (d) For reviewed rules, to which no changes or only technical changes are made, a complete and correct certified copy of the reviewed rule shall consist of the following: 1. A single PDF document containing: a. An agency cover letter designating the agency’s contact person for the certified reviewed rule filed with the Department of State. The letter shall include the mailing address, email address, and telephone number for the agency’s designated contact person. b. A signed Form DOS-6, “Certification of (Name of Agency) Administrative Rules Filed with the Department of State Pursuant to Section 120.5435, Florida Statutes (Agency Review of Rules),” which is incorporated by reference in paragraph 1-1.010(3)(f), F.A.C. c. The complete text of the unchanged rule, including the legal citations and history notes; or d. The coded rule text, including the legal citations and history notes, and a description of any technical changes made to materials incorporated by reference, if any technical changes are being made at the time of filing. e. If materials incorporated by reference are filed electronically in accordance with Rule 1-1.013, F.A.C., the submitting agency shall include: (I) A signed Form DOS-10, “Certification of Materials Incorporated by Reference in Rules Reviewed Pursuant to Section 120.5435, F.S. Filed with the Department of State,” which is incorporated by reference in subparagraph 1-1.013(6)(c)3., F.A.C.; and (II) A copy of the approval confirmation email for the materials incorporated by reference coming into compliance with Section 120.54(1)(i)3., F.S.; or (III) If the agency determines that filing materials incorporated by reference 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: a. The complete text of the unchanged rule, including the legal citations and history notes; or b. The coded rule text, including the legal citations and history notes, and a description of any technical changes made to materials incorporated by reference, if any technical changes are being made at the time of filing. (2)(a) All rule text shall be formatted as follows: 1.Typed on white, letter-size (8 1/2'' x 11'') paper. 2. Margins shall be one inch at the top, bottom and on each side of the page. 3. Double spaced 10 point Times New Roman font. 4. The rule text shall be justified. 5. The first line indents shall be set at 0.25''. 6. The rule title shall be bold. (b) The legal citation and history notes shall be formatted as follows: 1. The text shall be double spaced italicized 9 point Times New Roman font. 2. The legal citation and history notes shall not be indented. (c) An agency filing new, amended, or repealed rules, emergency rules, or rules reviewed pursuant to Section 120.5435, F.S., shall code the rule text in accordance with the requirements set forth in the “Department of State Rule Text Coding Style Manual,” which is incorporated by reference in paragraph 1-1.011(3)(c), F.A.C. (3) An agency adopting a rule shall file the rule certification form as specified in paragraphs (3)(a) through (g) 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 the rules included in the rule adoption packet were included in the same Notice of Proposed Rule in the Florida Administrative Register. A separate rule adoption packet shall be filed for each rule chapter affected. Only one emergency rule may be included in a single emergency rule adoption packet. (a) Form DOS-1, “Certification of (Name of Agency) Administrative Rules Filed with the Department of State,” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19227, shall be used when filing new, amended, or repealed rules under the provisions of Section 120.54(3), F.S. (b) Form DOS-2, “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),” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19228, shall be used when filing new, amended, or repealed rules under the provisions of Section 120.54(6), F.S. (c) Form DOS-3, “Certification of (Name of Agency) Administrative Rules Filed with the Department of State Pursuant to Section 120.54(1)(i)6., Florida Statutes,” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19229, shall be used when filing new, amended, or repealed rules under the provisions of Section 120.54(1)(i)6., F.S. (d) Form DOS-4, “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),” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19230, shall be used when filing new, amended, or repealed rules under the provisions of Section 403.8055, F.S. (e) Form DOS-5, “Certification of (Name of Agency) Emergency Rule Filed with the Department of State,” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19231, shall be used when filing emergency rules under the provisions of Section 120.54(4), F.S. (f) Form DOS-6, “Certification of (Name of Agency) Administrative Rules Filed with the Department of State Pursuant to Section 120.5435, Florida Statutes (Agency Review of Rules),” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19232, shall be used when filing reviewed rules under the provisions of Section 120.5435(8)(a), F.S. (g) Form DOS-7, “Certification of (Name of Agency) Designation of Rules the Violation of Which is a Minor Violation,” effective August 2026, incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19233, shall be used when filing new, amended, repealed, or emergency rules to certify parts of the rules the violation of which would be a minor violation pursuant to Section 120.695(2)(c)3., F.S. (4) Effective Dates. (a) If the effective date of a rule is later than 20 days from the date the rule is filed for adoption, then the effective date shall be stated in the rule text immediately following the final rule text. The agency’s proposed effective date shall be preceded by the words, “PROPOSED EFFECTIVE DATE:". The proposed effective date must be included in the Notice of Proposed Rule or Notice of Change. The effective date of the rule will not be published in the Florida Administrative Code as part of the rule text but will appear in the history note. 1. If the effective date of the rule is 20 days from the date the rule is filed for adoption, then the effective date shall not be included on the rule certification form. 2. If the proposed effective date is more than 20 days from the date the rule is filed for adoption, then the effective date shall be provided on the rule certification form. 3. The proposed effective date shall not be less than 20 days from the date the rule is filed for adoption, unless required by law. If the rule is filed for adoption less than 20 days from the proposed effective date, then the new effective date shall be 20 days from the date the rule is filed for adoption, unless required by law. 4. If the rule is awaiting legislative ratification, then the rule shall become effective on either the date the rule is ratified by the legislature or the date specified by the legislature upon the ratification of the rule. The adopting agency shall notify the Administrative Code and Register Section when a rule is ratified by the legislature. (b) If the effective date of an emergency rule is a date other than immediately upon filing the emergency rule adoption packet for adoption, the effective date of the emergency rule shall be stated in the rule text immediately following the text. The agency’s proposed effective date shall be preceded by the words, “PROPOSED EFFECTIVE DATE:”. The proposed effective date must be included in the Notice of Emergency Rule. The effective date shall also be provided on the emergency rule certification form if the effective date of the emergency rule is other than immediately upon filing but less than 20 days from the date of filing the emergency rule adoption packet. (5) The Administrative Code and Register Section shall reject any proposed rule adoption packet, emergency rule adoption packet, or certified copy of a reviewed rule filed with the Department of State that does not comply with all statutory rulemaking requirements and the requirements of this chapter.