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Florida Administrative Law: Rule-making

Florida Administrative Rule-making

Florida Administrative Rules are available on the Secretary of State's webpage for the Florida Administrative Register and Florida Administrative Code. 

Florida Administrative Register.  Proposed rules, notices, and other types of materials are contained in the weekly issues of the Florida Administrative Register.  During the intervening days, changes are made directly to the website. The FAR was previously named the Florida Administrative Weekly (FAW).  Older copies of the FAW are available in print in the Research Center (KF36 F55).

Florida Administrative Code.  Final rules are published in the Florida Administrative Code.  The print FAC is updated monthly.  In the interim period, final rules are posted to the website.  

The website has an overview of the rule-making process here.

Agency Must Have Rule-making Authority and a Law to be Implemented

In order for an agency to make a rule, the agency must be authorized by law

  • to engage in rule-making and
  • to take the action specified by the rule.

Rulemaking authority is the law which states that the agency can make a rule. 

The law implemented is the substantive law which the rule will expand on or clarify. 

Every rule has a history line that references the two types of statutory authority required for rule-making. 

The Florida Statutes, in which you will find the laws that give agencies rule-making authority and the laws that are to be implemented by rule, can be viewed at "Online Sunshine", the official website of the Florida Legislature:  http://www.leg.state.fl.us

F.A.L.C.O.N. (website of the Joint Administrative Procedures Committee

F.A.L.C.O.N. provides a useful FAQ answering these questions:

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