The rulemaking process is complicated. The rulemaking process is complicated

The rulemaking process is complicated.

• 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.

Explain why agencies create rules.

• 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.

Often, laws or statutes passed by the Legislature do not provide the level of detail needed.

• 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.

We Have Three Branches of Government

• We Have Three Branches of Government

• Only the Legislature can make laws unless it

• allows an agency to make law through rules.

You can access all of the Legislature’s laws at www.leg.state.fl.us.

• You can access all of the Legislature’s laws at www.leg.state.fl.us.

When the Legislature delegates authority to an agency, it is called Rulemaking Authority.

• 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.

Any statute that gives a duty to an agency must be carried out by the agency, sometimes through rulemaking.

• 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.”

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, 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.”

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).

• 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).

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.

• 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.

If you are looking for a rule that already exists, search the Florida Administrative Code.

• 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:

If you cannot find what you need by searching the text of the code, you can browse through agency rules by clicking here:

• If you cannot find what you need by searching the text of the code, you can browse through agency rules by clicking here:

You will navigate to the agency list:

• You will navigate to the agency list:

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:

• 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:

Now click on the chapter that is labeled Board of Respiratory Care:

• Now click on the chapter that is labeled Board of Respiratory Care:

Now you can browse the rules regarding respiratory therapy:

• Now you can browse the rules regarding respiratory therapy:

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:

• 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:

If you have any problems with the flrules.org website, you can contact the Department of State at:

• 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.: [phone] Fax: [phone] E-mail: [e-mail]

• They also have a very good FAQ section at:

• https://www.flrules.org/Help/newHelp.asp#Learn

Even though it may seem complicated, the rulemaking process from Chapter 120, Florida Statutes, was designed to encourage public participation.

• Even though it may seem complicated, the rulemaking process from Chapter 120, Florida Statutes, was designed to encourage public participation.

Generally, section 120.54, Florida Statutes, outlines the procedure for creating a rule.

• 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.

• 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

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.

• 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 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.

• 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.

The agency can hold a workshop on its own or because a member of the public requested a 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.

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.

• 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.

Agencies are required to have rule text in a Notice of Proposed Rule.

• Agencies are required to have rule text in a 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:

• 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:

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.

• 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.

• 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.

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.

• 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: [e-mail]

• Telephone: [phone]