Research Guides : 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. (Florida Administrative Law Central Online Network) is the website of the Florida Legislature's Joint Administrative Procedures Committee (JAPC). According to JAPC:
- "Joint Rule 4.6 charges JAPC with maintaining a continuous review of agency rules and the statutory authority upon which they are based. JAPC reviews proposed rules and may review existing rules to determine whether they are within delegated legislative authority and notifies the agency if its authority is eliminated or significantly changed by repeal, amendment or holding of a court of last resort. Following each session of the Legislature, JAPC reviews each law signed by the Governor or allowed to become law without his signature and determines whether the law will have a probable effect on an agency's rules. JAPC also constantly monitors judicial decisions in administrative law and advises the agency when either its statutory rulemaking authority or its rules are affected by these decisions."

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

Florida Administrative Code Commercial Vendors

Westlaw, Lexis, and Bloomberg Law all have Florida Administrative rule-making materials:
- Lexis FAC, Florida Administrative Weekly (1996-2012), and Florida State Regulation Tracking (1990-Present)
- Westlaw Florida Administrative Code and Florida Regulation Tracking
- Bloomberg Florida Administrative Code

Historical Florida Administrative Code Materials

For most of its history, the Florida Administrative Code has been published in loose-leaf format, updated monthly. The Research Center maintains paper copies of replacement pages are located on the ground floor of the Research Center (KF35 year .A2) for the period 1963-1983.