Fla. Admin. Code R. 1-1.013 (2026)

(1) Any ordinance, standard, specification, guideline, manual, handbook, map, chart, graph, report, form or instructions to forms, or other similar material that meets the definition of rule provided in Section 120.52(16), F.S., and is generally available to affected persons shall be incorporated by reference in a rule adopted pursuant to Section 120.54, F.S., and Rule 1-1.010, F.A.C.

(2)(a) Requirements for materials incorporated by reference in a rule.

1. The rule text shall include the following identifying information:

a. Reference material title;

b. Form number, if the document being incorporated by reference is a form and created by the agency;

c. Effective date, if the document being incorporated by reference is created by the agency;

d. A statement that the material is incorporated by reference;

e. A hyperlink to the incorporated material on the Department of State’s e-rulemaking website, www.flrules.org; and

f. A statement describing how an affected person may obtain a copy of the incorporated material. This statement can direct the affected person to the www.flrules.org hyperlink.

2. The document(s) for agency created material incorporated in a rule shall include the following identifying information clearly displayed on, at least, the first page of the document(s):

a. Reference material title;

b. Form number, if the document being incorporated by reference is a form;

c. Effective date; and

d. A citation to the rule number in which the material is incorporated. The citation to the rule number must be in proper form. (Ex. Rule 1-1.013, F.A.C.; Rule 1-1.013, Florida Administrative Code; Florida Administrative Code Rule 1-1.013; or Fla. Admin. Code R. 1-1.013)

(b) The reference material title, form number, if applicable, and effective date, if applicable, included on the document(s) must all match what is stated in the rule text.

(c) The reference name entered on the Department of State’s e-rulemaking website, www.flrules.org, shall include the reference material title and the form number, if applicable, which must match what is stated in the rule text.

(d) Agencies or units of government not within the Department of State may not indicate the Department of State or the Administrative Code and Register Section as the agency responsible for providing copies of incorporated materials.

(3) A rule may incorporate material by reference, but only in the form that the material exists on the date that the rule is adopted. Agencies shall ensure that the content within the reference material, including links to external websites, are current and up to date. Any substantive amendments to material incorporated by reference must be amended under the rulemaking provisions of Section 120.54, F.S., in order for the amended portions to be valid. If a rule reviewed pursuant to Section 120.5435, F.S., does not comply with Section 120.54(1)(i)3., F.S., and is not being amended, then the submitting agency shall ensure that the contents within the incorporated material are substantively the same as the incorporated material that was last filed for adoption.

(4) A Notice of Correction shall be published in the Florida Administrative Register to make a technical change to material incorporated by reference. A Notice of Correction shall not be published when a technical change to materials incorporated by reference is identified when reviewing rules pursuant to Section 120.5435, F.S., but a description of the changes shall be included in the certified copy of the reviewed rule filed with the Department of State and shall be noticed as part of the notice required by Section 120.5435(9), F.S. The notice shall be coded in accordance with the requirements set forth in the “Department of State Rule Text Coding Style Manual,” which is incorporated by reference in paragraph 1-1.011(3)(c), F.A.C. Upon the publication of the Notice of Correction or filing of a certified copy of a rule reviewed pursuant to Section 120.5435, F.S., an updated document for the incorporated material must be submitted for approval on the Department of State’s e-rulemaking website, www.flrules.org.

(5) An agency may incorporate another of its own rules by reference. Unlike other incorporated materials, however, such an incorporation will automatically incorporate subsequent amendments of the incorporated rule(s), unless the agency clearly expresses a contrary intent within the rule that incorporates other rule(s). A notice of an amendment of a rule that is incorporated in another rule must explain the effect of its amendment on the rule that incorporates the rule being amended.

(6) Unless prohibited by federal copyright law as determined by the submitting agency, the submitting agency shall electronically file a complete and correct copy of all materials incorporated by reference in its rules through the Department of State’s e-rulemaking website at www.flrules.org, no earlier than twenty-one (21) days after the publication of a Notice of Proposed Rule or Notice of Change and no later than five (5) business days prior to the rule adoption. The filed materials incorporated by reference must reflect all amendments being made to the materials without coding present. Unless prohibited by federal copyright law as determined by the submitting agency, if a rule reviewed pursuant to Section 120.5435, F.S., does not comply with Section 120.54(1)(i)3., F.S., the submitting agency shall electronically file a complete and correct copy of all materials incorporated by reference in the rule through the Department of State’s e-rulemaking website, www.flrules.org, with no changes or only technical changes made, no later than five (5) business days prior to filing the certified copy of the reviewed rule with the Department of State. Electronically filed materials may not exceed 100 MB per submission. An agency may file material in parts to comply with the 100 MB file size requirement. Materials incorporated by reference may be submitted in any format.

(a) The submitting agency is responsible for ensuring that all incorporated materials filed electronically comply with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. s. 794d., Federal Electronic and Information Technology Accessibility and Compliance Act).

(b) A submitting agency that determines that the posting of incorporated material on the Internet for public viewing would constitute a violation of federal copyright law, shall indicate this using Form DOS-8, “Certification of Materials Incorporated by Reference in Rules Filed with the Department of State,” Form DOS-9, “Certification of Materials Incorporated by Reference in Emergency Rule Filed with the Department of State,” or Form DOS-10, “Certification of Materials Incorporated by Reference in Rules Reviewed Pursuant to Section 120.5435, F.S. Filed with the Department of State,” at the time of submitting the rule adoption packet, emergency rule adoption packet, or certified copy of a rule reviewed pursuant to Section 120.5435, F.S. The adopting agency shall also provide the addresses of locations and the manner in which a person may inspect and examine the copyrighted materials incorporated by reference in the rule. A rule adoption packet may not be filed for adoption until all copyrighted materials incorporated by reference are received in their original format by the Department of State. If the original format of the copyrighted materials incorporated by reference is a digital file, such as a Word document or PDF, such files must be provided to the Department of State uploaded to a flash drive or CD. Copyrighted materials may be delivered in person or may be mailed to the following address:

Florida Department of State

Florida Administrative Code and Register

Room 701, The Capitol

400 South Monroe Street

Tallahassee, Florida 32399-1100

(c) At the time an agency submits a rule adoption packet, an emergency rule adoption packet, or a certified copy of a rule reviewed pursuant to Section 120.5435, F.S., in accordance with Rule 1-1.010, F.A.C., the agency shall provide:

1. Form DOS-8, “Certification of Materials Incorporated by Reference in Rules Filed with the Department of State,” when filing a rule with incorporated material for adoption. A copy of the materials incorporated by reference shall not be included in the rule adoption packet. Form DOS-8, “Certification of Materials Incorporated by Reference in Rules Filed with the Department of State,” effective August 2026, is incorporated herein by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19234;

2. Form DOS-9, “Certification of Materials Incorporated by Reference in Emergency Rule Filed with the Department of State,” when filing an emergency rule with incorporated material for adoption. A copy of the materials incorporated by reference shall be included as part of the emergency rule adoption packet. Form DOS-9, “Certification of Materials Incorporated by Reference in Emergency Rule Filed with the Department of State,” effective August 2026, is incorporated herein by reference and is available at https://flrules.org/Gateway/reference.asp?No=Ref-19235; or

3. Form DOS-10, “Certification of Materials Incorporated by Reference in Rules Reviewed Pursuant to Section 120.5435, F.S., Filed with the Department of State,” when filing a certified copy of a rule reviewed pursuant to Section 120.5435, F.S., with incorporated material. A copy of the materials incorporated by reference shall not be included in the certification packet. Form DOS-10, “Certification of Materials Incorporated by Reference in Rules Reviewed Pursuant to Section 120.5435, F.S., Filed with the Department of State,” effective August 2026, is incorporated herein by reference and is available at https://flrules.org/Gateway/reference.asp?No=Ref-19236.

(7) When incorporated materials are filed electronically through the Department of State’s e-rulemaking website, www.flrules.org, the Department shall make the full text of incorporated materials available free for public access through an electronic hyperlink from the rule that references the material, directly to the material incorporated. Hyperlinks from rules in the Florida Administrative Code to any material not maintained by the Department of State are prohibited. Each material incorporated by reference shall have a hyperlink that is unique to the incorporated material. Hyperlinks to incorporated materials are unique to each rule and shall not be reused in any other rule, unless a rule is transferred to a new rule number.

(8) Although incorporated materials will be made available electronically on the Department of State’s e-rulemaking website, www.flrules.org, incorporated materials shall not be published in the Florida Administrative Code or Administrative Register.

(9) A hyperlink to materials incorporated by reference shall not be added to a rule, unless the incorporated materials have been approved in accordance with subsection 1-1.013(6), F.A.C., and a complete and correct rule adoption packet or certified copy of a rule reviewed pursuant to Section 120.5435, F.S., has been filed with the Department of State.

Rulemaking Authority 20.10(3), 120.54(1)(i)8., 120.55(1)(c) FS. Law Implemented 120.54(1)(i), 120.55(1)(a)4. FS. History–New 5-29-80, Formerly 1-1.04, Amended 9-13-98, Formerly 1S-1.005, Amended 3-8-09, 1-1-11, Formerly 1B-30.005, Amended 5-16-21, 1-5-22, 8-24-26, Technical Change 8-24-26.

Effective: 8/24/2026.