How Does the Administrative Code Affect the Rulemaking Authority of Government Agencies?

Full question:

Does a rule submitted to and listed in the Florida Administrative Code have to be presented as evidence in a legal proceeding or does it just 'exist' just as a statute does? Also are Florida Boards (such as the Building Code Administrators & Inspectors Board or the Board of Administration) subject to the Florida Administrative Code for rule-making?

• Category: Legislatures
• Date: 04/07/2025
• State: Florida

Answer:

Generally, there is nothing in the nature of an administrative rule which makes it mandatory as evidence in a legal proceeding. Much as statutes are relied on, the grounds for using a particular citation to an administrative rule as the basis for a legal argument depends on the legal theory being advanced in each case.

To some extend, all most government agencies are affected by the administrative code when implementing rules. The Florida Administrative Code specifies the rulemaking powers of the different bodies listed. For example, the following is from the Parole Commision provisions:

23A-1.005 Rulemaking.

(1) Notice of Commission's intent to adopt, amend, or repeal a rule shall be given as provided in Section 120.54, Florida Statutes.

(2) Upon the publication of notice of the Commission's intention to adopt, amend, or repeal a rule, a draft of the proposed rules shall be presented to the Governor and Cabinet and made available to the public.

(3) All proceedings with regard to rulemaking shall be in conformance with Section 120.54, Florida Statutes.

The code section relating to rulemaking authority of building code administrators and inspectors is below:

468.606 Authority of the board. —

The board is authorized to:

(1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part.

(2) Certify individuals as being qualified under the provisions of this part to be building code administrators, plans examiners, and building code inspectors.