Rules & Rulemaking Tutorial - Florida Has A Right To Know

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RULES & RULEMAKING
TUTORIAL
Prepared by the Office of Fiscal Accountability and
Regulatory Reform to Assist the Public
Welcome
The rulemaking process is complicated.
It can also be difficult to find the rules that
pertain to you or your business.
However, understanding how the process works
can help you know where to look.
What Will this Tutorial Do for You?
1.
2.
3.
Explain why agencies create rules.
Show you where and how to find administrative
rules.
Show you how to participate in the rulemaking
process for rules that affect you.
Why Do Agencies Create Rules?
Often, laws or statutes passed by the Legislature
do not provide the level of detail needed.
In those cases, the law will direct a state agency
to draft rules to help provide detail the statute
does not provide.
Legislative Delegation
We Have Three Branches of Government
Only the Legislature can make laws unless it
• Enforces
Laws
• Oversees
the way
agencies
use the
delegated
rulemaking
power
Courts
• Makes
laws
• Delegates
lawmaking
power to
agencies
as
rulemaking
power
Governor
Legislature
allows an agency to make law through rules.
• Interpret
laws
• Decide
whether
agencies
correctly
used
delegated
rulemaking
power
Online Sunshine
You can access all of the Legislature’s laws at www.leg.state.fl.us.
Delegation Example



When the Legislature delegates authority to an agency,
it is called Rulemaking Authority.
For example, Section 561.11, Florida Statutes, sets out
the powers and duties of the Division of Alcoholic
Beverages and Tobacco and states, “Power and
authority of division.— (1) The division has authority
to adopt rules pursuant to ss. 120.536(1) and 120.54
to implement the provisions of the Beverage Law.”
Sections 120.536 and 120.54, Florida Statutes,
describe rulemaking authority and the steps any
agency must go through to create a rule.
Delegation Example (continued)



Any statute that gives a duty to an agency must be
carried out by the agency, sometimes through
rulemaking.
Rulemaking authority can be allowed by the statute or
required by the statute.
Continuing with the Division of Alcoholic Beverages and
Tobacco, Section 561.42 (8), Florida Statutes, allows the
division to make rules related to one duty: “The division
may establish rules and require reports to enforce the
herein-established limitation upon credits and other
forms of assistance.”
Delegation Example (continued)


Section 561.42(12), Florida Statutes, goes on to
require rulemaking from the Division of Alcoholic
Beverages and Tobacco relating to a different duty:
“The division shall make reasonable rules governing
promotional displays and advertising, which rules
shall not conflict with or be more stringent than the
federal regulations . . . .”
Section 561.42(12), Florida Statutes, also places
additional restrictions on the rulemaking authority:
“which rules shall not conflict with or be more
stringent than the federal regulations.”
Where Can I Find Agency Rules?
Existing agency rules are published in the
Florida Administrative Code (FAC), and all
rulemaking and hearing notices are published in
the Florida Administrative Weekly (FAW).
www.flrules.org
The
Department
of State is
responsible
for publishing
the FAC and
FAW. Print
copies are
available in
certain
libraries, but
they are more
easily
accessible on
the internet.
How to Find What You Need


If you are looking for a rule that already exists,
search the Florida Administrative Code.
You can search for a rule number or keyword by
typing it here:
How to Find What You Need
(continued)

If you cannot find what you need by searching the
text of the code, you can browse through agency
rules by clicking here:
How to Find What You Need
(continued)

You will navigate to the agency list:
How to Find What You Need
(continued)

Find the agency that is responsible for the subject
matter you are interested in. We will look for
regulations that govern respiratory therapists. First,
we click on Chapter 64 for the Department of
Health:
How to Find What You Need
(continued)

Now click on the chapter that is labeled Board of
Respiratory Care:
How to Find What You Need
(continued)

Now you can browse the rules regarding
respiratory therapy:
How to Find What You Need
(continued)


If you are searching for new rules that are not yet
effective or rulemaking and hearing notices,
perform your search in the Florida Administrative
Weekly here:
Or here:
How to Find What You Need
(continued)



If you have any problems with the flrules.org
website, you can contact the Department of State
at:
Florida Administrative Code, Weekly and Laws
Florida Department of State
R.A. Gray Building
Mail Station 22
Tallahassee, FL 32399-025
Tel.: 850-245-6270
Fax: 850-245-6282
E-mail: [email protected]
They also have a very good FAQ section at:
https://www.flrules.org/Help/newHelp.asp#Learn

How Do I Participate in the Rulemaking
Process?
Even though it may seem complicated, the
rulemaking process from Chapter 120, Florida
Statutes, was designed to encourage public
participation.
Rulemaking Process



Generally, section 120.54, Florida Statutes, outlines
the procedure for creating a rule.
The procedure contains numerous opportunities for
the public to comment on the rule and legally object
to the rule.
All rulemaking notices are published in the Florida
Administrative Weekly (FAW), both in print and
online.
Rulemaking Procedure Stages






Notice of Development of Rulemaking
Development Workshop
Notice of Proposed Rule
Hearing on the Proposed Rule
Changes to the Proposed Rule
Adoption of the Proposed Rule
Notice of Development of
Rulemaking
A Notice of
Development
of Rulemaking
looks like this.
It may or may
not contain the
rule text. The
categories of
information
are required
by section
120.54,
Florida
Statutes.
Notice of Development of
Rulemaking
Notice the
information
regarding a
Development
Workshop on
3/29/11.
This is the first
chance for the
public to
comment on
the rule. If
you want a
workshop, you
must request
it.
Development Workshop



The agency can hold a workshop on its own or
because a member of the public requested a
workshop.
If the agency does not already have text for a
draft rule, the workshop is a chance to make
suggestions of what should be included in the rule.
If the agency does have text, the workshop is a
chance to offer comment and critique of what is in
the rule.
Notice of Proposed Rule
Notice of Proposed Rule
These two
slides illustrate
a Notice of
Proposed
Rule. These
contents are
required by
statute. Note
that no
hearing will
be held on this
rule unless
someone
requests a
hearing.
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Marketing and Development
Rule No. : RULE TITLE :
5H-1.006: Definitions
5H-1.007: Content of Dealers Records
5H-1.008: Guidelines for Imposing Administrataive Penalties
5H-1.009: Documents Incorporated by Reference
PURPOSE AND EFFECT: To provide a definition of tropical foliage, define contents of records to be kept by licensed
dealers in agriculture products, to provide guidelines for imposing administrative penalties for violations, and to
incorporate documents by reference.
SUMMARY: Defines tropical foliage, contents of records to be kept by licensed dealers in agriculture products,
provides guidelines for imposing administrative penalties for violations, and incorporates documents by reference.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have
an impact on small business. An SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a
proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 534.48, 535.02, 604.27 FS.
LAW IMPLEMENTED: 534.48, 535.01, 604.15, 604.16, 604.18, 604.20, 604.21, 604.22, 604.23, 604.27, 604.30,
604.33 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND
ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Christopher Green, Bureau Chief, 407
South Calhoun Street, M-38, Tallahassee, Florida 32399, (850)488-4101
Notice of Proposed Rule
THE FULL TEXT OF THE PROPOSED RULE IS:
Agencies are
required to
have rule text
in a Notice of
Proposed
Rule.
5H-1.006 Definitions.
For the purpose of this chapter, the definitions in Section 604.15, Florida Statutes, and the following shall
apply. Tropical Foliage means any kind of herbaceous plants, originally from tropical climates, that are grown and
sold as potted plants, cut foliage or interiorscape primarily for the decorative value of their leaves. Excluded from
this definition are woody temperate zone plants, such as trees, shrubs or woody vines.
Rulemaking Authority 604.27 FS. Law Implemented 604.15, 604.27 FS. History – New _________.
...
NAME OF PERSON ORIGINATING PROPOSED RULE: Nelson Mongiovi, Director
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 28, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 17, 2010 and December 30,
2010.
Notice of Proposed Rule

There is a Public Comment Period for 21 days after
publication of the Notice of Proposed Rule. You can
comment directly to the agency or on the flrules.org
website:
Hearing on the Proposed Rule


The hearing will be held AFTER the 21 day public
comment period has ended. The public hearing will
be your final chance to comment on the proposed
rule, whether orally at the hearing or with written
comments submitted at the hearing.
Any comments at this point will need to be directed
to the contact person listed in the Notice of
Proposed Rule.
Change and Adoption


The Change and Adoption phases of rulemaking
occur with little public input.
Any changes made to the rule must come from
public comment or comment from the legislature’s
committee that reviews rules.
Contact Us



If you have any questions about the rulemaking
process or how agencies are implementing Executive
Order 11-01, please contact the Office of Fiscal
Accountability and Regulatory Reform.
Email: [email protected]
Telephone: (850) 487-1880
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