Fla. Admin. Code Title 37 — Legislative Committee on Intergovernmental Relations

Chapter 37-1 ORGANIZATION

Fla. Admin. Code R. 37-1.001 General Authority

History

• Rulemaking Authority 120.53(1)(a), 163.706(4) FS. Law Implemented 120.53(1), 163.703 FS. History–New 2-19-78, Formerly 37-1.01, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-1.002 Composition of the Council

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 112.061, 120.53(1), 163.704, 163.708(1) FS. History–New 2-19-78, Formerly 37-1.02, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-1.003 Council Officers

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1), 163.704(4) FS. History–New 2-19-78, Amended 2-4-79, Formerly 37-1.03, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-1.004 General Description of Council Organization and Operations

History

• Rulemaking Authority 120.53(1)(a), 163.706(4) FS. Law Implemented 120.53(1), 163.707 FS. History–New 2-19-78, Amended 12-4-83, Formerly 37-1.04, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-1.005 Council Functions and Duties

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1), 163.705, 163.7055, 163.706(3) FS. History–New 1-19-78, Amended 2-4-79, Formerly 37-1.05, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-1.006 Council Recommendations

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1), 163.705 FS. History–New 2-19-78, Formerly 37-1.06, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-1.007 General Information Concerning Council, Its Records and Proceedings

History

• Rulemaking Authority 120.53(1), 120.53(2), 163.706 (4) FS. Law Implemented 120.53(1), (2) FS. History–New 2-19-78, Formerly 37-1.07, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Chapter 37-2 AGENDA AND SCHEDULING OF MEETINGS AND WORKSHOPS

Fla. Admin. Code R. 37-2.001 Notice of Meeting

History

• Rulemaking Authority 120.53, 163.706(4) FS. Law Implemented 120.53(1)(d) FS. History–New 2-19-78, Formerly 37-2.01, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-2.002 Scheduling of Meetings

History

• Rulemaking Authority 120.53, 163.706(4) FS. Law Implemented 120.53(1)(d), 163.706(1) FS. History–New 2-19-78, Formerly 37-2.02, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-2.003 Meetings, Hearings; Intergovernmental Cooperation

History

• Rulemaking Authority 120.53, 163.706(4) FS. Law Implemented 120.53(1)(d), 163.706(1), (2) FS. History–New 2-19-78, Formerly 37-2.03, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-2.004 Agenda of Meetings and Workshops

History

• Rulemaking Authority 120.53(1)(d), 163.706(4) FS. Law Implemented 120.53(1)(d) FS. History–New 2-4-79, Formerly 37-2.04, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-2.005 Emergency Meetings

History

• Rulemaking Authority 120.53, 163.706(4) FS. Law Implemented 120.53(1)(d) FS. History–New 2-19-78, Formerly 37-2.05, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-2.006 Model Rules Application

History

• Rulemaking Authority 120.53, 163.706(4) FS. Law Implemented 120.53 FS. History–New 2-19-78, Formerly 37-2.06, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Chapter 37-3 RULE MAKING PROCEEDING

Fla. Admin. Code R. 37-3.001 Commencement of Proceeding

Proceedings held for the adoption, amendment or repeal of a Council rule shall be conducted according to the provisions of Chapter 120, F.S., and these rules. Rule making proceedings are commenced by the Council on its own initiative, or on the petition of a person having a substantial interest in a Council rule. A proceeding shall be deemed to have commenced upon notice by the Council.

History

• Rulemaking Authority 120.53(1)(b), 163.706(4) FS. Law Implemented 120.53(1)(b) FS. History–New 2-19-78, Formerly 37-3.015, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-3.002 Notice of Proceeding, and the Proposed Rules

(1) Except as provided in Rule 37-3.007, F.A.C., prior notice of adoption, amendment or repeal of a rule shall be given as provided in Section 120.54, F.S., and to such other persons as the Council may direct.

(2) Prior to any notice of a rule adoption, amendment or repeal, a draft of the proposed rules shall be prepared and be available to the public.

History

• Rulemaking Authority 120.53(1)(b), 163.706(4) FS. Law Implemented 120.53(1), 120.54 FS. History–New 2-19-78, Formerly 37-3.02, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-3.003 Petitions to Initiate Rule Making Proceedings

(1) All petitions for rule making proceedings pursuant to Section 120.54(4), F.S., must contain the name and address of the petitioner, summary of the rule and specific reasons for adoption, amendment or repeal, the specific action requested and the date submitted.

(2) Any interested person may file a statement in support of or in opposition to any petition, or for information purposes, for rule making proceedings. The interested person shall furnish the petitioner with a copy upon filing of the statement.

(3) Any interested person may submit a reply to the statement in subsection (2) prior to Council action. The interested person shall furnish the petitioner and the person filing under subsection (2) with a copy upon filing of the statement.

History

• Rulemaking Authority 120.53(1)(b), 163.706(4) FS. Law Implemented 120.53, 120.54 FS. History–New 2-19-78, Formerly 37-3.03, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-3.004 Agency Action on Petitions to Initiate Rule Making Proceedings

(1) Upon receipt of any petition pursuant to Section 120.54(4), F.S., the Council shall initiate action on the petition within thirty (30) days of its receipt.

(2) If the Council determines that the petitioner is not regulated by the Council Rule, or does not have the interest as stated in the petition, the Council may forthwith deny the petition, and shall notify the petitioner in writing with particularity the reasons for the denial. If the Council determines that the petition should be granted, the Council shall issue appropriate notice and commence such Council action. If the Council determines the petition should not be granted, the petition shall be denied with a written statement setting forth, with particularity, the reasons for such denial.

History

• Rulemaking Authority 120.53(1)(b), 163.706(4) FS. Law Implemented 120.53(1), 120.54 FS. History–New 2-19-78, Formerly 37-3.04, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-3.005 Rule Making Proceeding - Hearing

(1) If the rule does not relate exclusively to organization, practice or procedure, the Council shall provide, upon request, a public hearing for presentation of oral statements, within the reasonable conditions and limitations imposed by the Council to avoid duplication, irrelevant comments, unnecessary delay or disruption of the proceeding. Written statements may be submitted to the Council by any person.

(2) If the Council does not hold a public hearing and materially modifies or alters the proposed rule after notice and receipt of evidence and argument, the Council must again provide affected persons the opportunity to present evidence and argument on all issues of the modified, proposed rule.

(3) Subsection (2) shall not apply if the Council holds a public hearing upon the rule(s). A public hearing shall be held if an affected person requests within fourteen (14) days after the date of publication of notice.

(4) The Council shall prepare an agenda for the hearing that provides affected persons with sufficient time to present evidence, oral statements, and other information.

(5) If the material is officially recognized by the Council, this material may be part of the record and all affected persons shall be given a reasonable opportunity to examine it and offer comments and rebuttal.

(6) Upon request of any affected person, the Council shall cause to be made a transcript of the proceeding and copies of the transcript shall be available to the public. Cost of preparing the transcript and having the proceeding recorded shall be paid by the requesting person. A copy of the transcript shall be available to the public at cost.

(7) The record of the proceeding shall include the notice and agenda, all written statements, petitions, requests, and all evidence presented to the Council regardless of whether a public hearing is requested. If a transcript is requested, a copy of the transcript shall also be included in the record. Cost of preparing the transcript shall be paid by the requesting person. The record shall be available for public inspection.

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53, 120.54 FS. History–New 2-19-78, Formerly 37-3.05, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-3.006 Description of Publication by Reference

Any rule, standard, specification or similar material which is generally available to affected persons may be incorporated in a rule, by reference, in the manner adopted by rule by the Department of State.

History

• Rulemaking Authority 120.53, 163.706(4) FS. Law Implemented 120.53, 120.54(9) FS. History–New 2-19-78, Formerly 37-3.06, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-3.007 Emergency Rule Hearing

(1) The Council may adopt an emergency rule if:

(a) The Council finds that immediate danger to the public health, safety and welfare exists which requires immediate Council action; and

(b) The Council files with the Department of State, at the time of its action, a statement meeting the requirements of Section 120.54(9)(a), F.S.

(2) Unless it defeats the purpose of an emergency rule, the Council should notify major wire services and notice all affected persons before adopting an emergency rule. The Council shall permit, upon request, all affected persons to present testimony, evidence, and submit written statements.

(3) Upon the request of any affected person, the Council shall cause a transcript to be made of the proceeding and shall compile a record consisting of the transcript, copies of the notice, and statement filed with the Department of State pursuant to subsection (1) above, and any other matter or information considered by the Council in adopting the emergency rule. Cost of preparing the transcript shall be paid by the requesting person.

History

• Rulemaking Authority 120.53(1), 120.54, 163.706(4) FS. Law Implemented 120.53(1), 120.54(9)(a) FS. History–New 2-19-78, Formerly 37-3.07, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-3.008 Model Rules Application

Model Rules, Florida Administrative Code, shall apply to the extent they are not in conflict with these rules.

History

• Rulemaking Authority 120.53, 163.706(4) FS. Law Implemented 120.53, 120.54 FS. History–New 2-19-78, Formerly 37-3.08, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Chapter 37-4 DECLARATORY STATEMENTS

Fla. Admin. Code R. 37-4.001 General

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.565, 163.706(4) FS. History–New 2-19-78, Formerly 37-4.01, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-4.002 Purpose and Use of Declaratory Statement

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.565, 163.706(4) FS. History–New 2-19-78, Formerly 37-4.02, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-4.003 Council Disposition

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.565, 163.706(4) FS. History–New 2-19-78, Formerly 37-4.03, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Chapter 37-5 VOTING, MOTIONS AND AMENDMENTS

Fla. Admin. Code R. 37-5.001 Members Present Shall Vote

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-5.01, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-5.002 Quorum; Majority Action

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1), 163.704(7) FS. History–New 2-19-78, Formerly 37-5.02, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-5.003 Voting

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-5.03, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-5.004 Change of Vote

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-5.04, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-5.005 Casting Vote for Another

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-5.05, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-5.006 Explanation of Vote

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-5.06, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-5.007 Motions; How Made, Withdrawn

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-5.07, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-5.008 Motions; Precedence

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-5.08, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-5.009 Order of Questions

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-5.09, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-5.010 Motions; Disposition

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-5.10, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-5.011 Reconsideration: Generally

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-5.11, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-5.012 Motion to Lay on Table

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-5.12, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-5.013 Amendments; Manner of Consideration

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-5.13, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-5.014 Amendments; Adoption

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-5.14, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-5.015 Sequence of Amendments to Amendments

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-5.15, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Chapter 37-6 CONSTRUCTION AND WAIVER OF RULES

Fla. Admin. Code R. 37-6.001 Interpretation of Rules

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-6.01, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-6.002 Waiver and Suspension of Rules

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-6.02, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.

Fla. Admin. Code R. 37-6.003 General

History

• Rulemaking Authority 120.53(1), 163.706(4) FS. Law Implemented 120.53(1) FS. History–New 2-19-78, Formerly 37-6.03, Repealed by Section 12, Chapter 2012-31, Laws of Florida, 5-27-12.