Presentation on theme: "RULES & RULEMAKING TUTORIAL Prepared by the Office of Fiscal Accountability and Regulatory Reform to Assist the Public."— Presentation transcript:
RULES & RULEMAKING TUTORIAL Prepared by the Office of Fiscal Accountability and Regulatory Reform to Assist the Public
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. Welcome
What Will this Tutorial Do for You? 1. Explain why agencies create rules. 2. Show you where and how to find administrative rules. 3. 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. In those cases, the law will direct a state agency to draft rules to help provide detail the statute does not provide. Why Do Agencies Create Rules?
Legislative Delegation We Have Three Branches of Government Only the Legislature can make laws unless it allows an agency to make law through rules. Legislature Makes laws Delegates lawmaking power to agencies as rulemaking power Governor Enforces Laws Oversees the way agencies use the delegated rulemaking power Courts Interpret laws Decide whether agencies correctly used delegated rulemaking power
You can access all of the Legislatures laws at Online Sunshine
Delegation Example When the Legislature delegates authority to an agency, it is called Rulemaking Authority. For example, Section , 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 (1) and to implement the provisions of the Beverage Law Sections and , 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 (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 (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 (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). Where Can I Find Agency Rules?
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 Tel.: Fax: 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. How Do I Participate in the Rulemaking Process?
Rulemaking Process Generally, section , 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 , 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 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. Notice of Proposed Rule DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Division of Marketing and Development Rule No. : RULE TITLE : 5H H-1.006: Definitions 5H H-1.007: Content of Dealers Records 5H H-1.008: Guidelines for Imposing Administrataive Penalties 5H H-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: , , FS. LAW IMPLEMENTED: , , , , , , , , , , , 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) FS FS.
Notice of Proposed Rule Agencies are required to have rule text in a Notice of Proposed Rule. THE FULL TEXT OF THE PROPOSED RULE IS: 5H Definitions. For the purpose of this chapter, the definitions in Section , 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 FS. Law Implemented , 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 legislatures 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. Telephone: (850)