1/9/20161 Florida Administrative Law Research Marin Dell & Trisha Simonds Spring 2010

1/9/20162 Overview Florida Administrative Code (FAC) and Florida Administrative Weekly (FAW) contain agency rules and regulations. The Division of Administrative Hearings (DOAH), appellate courts, and various agencies issue orders and opinions that are published in the Florida Administrative Law Reports (FALR).

1/9/20163 Authority for Florida Administrative Law Florida Statutes – enabling statutes Florida Statutes – Ch. 120, Administrative Procedure Act

1/9/20164 Florida Statutes Agencies are created by the legislature with an “enabling statute.” Enabling statutes set out the substantive law the agency is charged with applying and give the agency rulemaking authority in that area. Example: Florida State Fair Authority – Florida Statutes, Chapter

1/9/20165 Florida Administrative Code Since 1961, Florida has required that most administrative rules be published. (See Fla. Stat. § ) Florida Administrative Weekly) was first published in The Florida Administrative Code (FAC) was first published in The FAC and FAW are published by the Florida Department of State, Bureau of the Administrative Code and Administrative Weekly.

1/9/20166 ‘’ The FAC consists of 69 chapters. Chapters are frequently (but not always) subdivided by letters. Each rule within a chapter has a decimal number designation. Example: Within Ch. 6 – Dept. of Education, see Rule 6C , College of Law Student Conduct Code.

For each rule there is: a rule number a caption the text of the rule a note containing “Specific Authority” (enabling statutes) and “History.” History notes are especially useful if you need to locate an older version of a rule.

1/9/20168 flrules.org contains: FAC (Word documents) FAW (PDF)

1/9/ WESTLAW The current code is at FL-ADC. The FAC, as of the end of 2004, is FL- ADC version is FL-ADC version is FL-ADC version is FL-ADC version is FL-ADC08

1/9/ LEXIS The current Florida Administrative Code Annotated is at FLREGS. It is updated “regularly.” Both Westlaw and Lexis include history and transfer information in their notes on repealed and transferred rules.

1/9/ Florida Administrative Weekly The Florida Administrative Code (FAC) is a snapshot of the administrative rules at a given moment in time. Florida Administrative Weekly (FAW) shows the rules changing over time.

1/9/ The FAW contains the text of proposed rules. It also contains: Notices that an agency is beginning the rulemaking process Notices of changes to proposed rules Announcements of public meetings Notices regarding state contracting and purchasing, with contact information Other miscellaneous items

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1/9/ FAW Indexing FAW has an index (by agency name) to rules filed during the preceding week and a “List of Rules Affected.” FAW is published weekly, but the List of Rules Affected is only published in the first issue of each month. It covers rule changes proposed during the preceding 8 weeks.

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1/9/ LEXIS and WESTLAW: Lexis (but not Westlaw) has a database containing the Florida Administrative Weekly (FAW). Filename: FLREGS Both Lexis and Westlaw include privately-created “regulation tracking” databases that cover Florida. Lexis: FLRGTR Westlaw: FL-REGTRK and FL-REGTXT

1/9/ For More Information: Florida Legal Research – Sources, Process, and Analysis (3rd Ed.) by Barbara J. Busharis Law Library KFF 75.R Guide To Florida Legal Research by Betsy L. Stupski Law Library KFF 75.B7 2008

1/9/ Thanks for coming!