Our agency wants to adopt certain federal standards verbatim. Is there a “fast track� procedure available?

Yes. Section 120.54(6), F.S., can be used to adopt rules substantively identical to federal regulations in the pursuance of state implementation, operation, or enforcement of federal programs. Briefly, a notice of intent to adopt federal rules is published in the FAW at least 21 days before filing the rule for adoption with the Department of State.

The agency must consider written comments within 14 days after publication of the notice. The rule becomes effective on the date designated therein; however, no rule can take effect prior than the effective date of the substantively identical federal regulation. In any event, section 120.54(6), F.S., should be carefully reviewed prior to using this expedited procedure.

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