APA Comment Letter (General)

APA Comment Letter (General) — Florida

About This Template

This template is used to submit formal written comments to a Florida state administrative agency during a notice-and-comment rulemaking proceeding. Under the Florida Administrative Procedure Act (APA), Fla. Stat. § 120.50 et seq., agencies must publish notices of proposed rulemaking in the Florida Administrative Register (FAR), provide a minimum 21-day comment period, and consider all timely submitted comments before filing a rule for adoption. The Joint Administrative Procedures Committee (JAPC) provides legislative oversight and may object to rules that exceed statutory authority. Florida's APA also provides a powerful rule-challenge mechanism under Fla. Stat. § 120.56 that allows any substantially affected person to challenge a rule's validity. This letter allows individuals, businesses, and organizations to shape Florida state regulations before they take effect.

Florida Rulemaking Process — Overview

Governing Law: Florida APA, Fla. Stat. §§ 120.50–120.81

Where Proposed Rules Are Published:

• Florida Administrative Register (FAR): daily online publication of agency rulemaking activity
• Website: https://www.flrules.org/
• Florida Administrative Code (FAC): codified compilation of adopted rules
• Website: https://www.flrules.org/
• Florida Department of State, Administrative Code and Register: https://dos.fl.gov/offices/administrative-code-and-register/

How to Find Open Comment Periods:

• Search the FAR for Notices of Proposed Rule at https://www.flrules.org/
• Monitor agency websites for rulemaking notices
• Sign up for agency email notification lists
• Contact the agency rulemaking contact (listed in the FAR notice)

Comment Submission Methods:

• Written comments submitted to the agency contact at the address/email listed in the FAR notice
• Oral testimony at any noticed public hearing (or at an oral proceeding requested by 25 or more persons)
• Online submission through the Florida Rulemaking website (where available)

Minimum Comment Period: 21 days from the date of publication in the Florida Administrative Register (Fla. Stat. § 120.54(3)(a))

Oral Proceeding: Any substantially affected person may request an oral proceeding within 21 days of publication. If requested by 25 or more persons, the agency must hold an oral proceeding (Fla. Stat. § 120.54(3)(c)). A written request for an oral proceeding must be submitted within the 21-day comment period.

JAPC Review: The agency must provide a copy of the proposed rule to the Joint Administrative Procedures Committee (JAPC) at least 21 days before filing the rule for adoption. JAPC reviews rules for statutory authority, compliance with legislative intent, and procedural requirements. JAPC may issue a written objection, which the agency must address.

Notice of Change: If the agency makes a substantial change to a proposed rule after the initial comment period, it must publish a Notice of Change in the FAR at least 21 days before filing the rule for adoption (Fla. Stat. § 120.54(3)(d)).

Rule Challenge: Any substantially affected person may challenge a proposed rule (before adoption) or existing rule (after adoption) under Fla. Stat. § 120.56 by filing a petition with the Division of Administrative Hearings (DOAH).

Why Your Comment Matters

Florida's APA requires agencies to consider all written and oral comments submitted during the rulemaking record period (Fla. Stat. § 120.54). Comments that identify statutory authority deficiencies are particularly powerful because JAPC can formally object to the rule, and any substantially affected person can file a rule challenge at DOAH under Fla. Stat. § 120.56. The administrative record — including all comments — is the evidentiary basis for judicial review. Florida courts will invalidate rules that: (1) are an invalid exercise of delegated legislative authority; (2) exceed the specific powers of the enabling statute; (3) enlarge, modify, or contravene the specific provisions of the enabling statute; or (4) are arbitrary or capricious. (Fla. Stat. § 120.52(8)).

Comment Letter Template

[Name of Submitter / Organization Letterhead]
[________________________________]
[________________________________]
[________________________________]
[Phone: (____) ____-________]
[Email: ________________________________]

[__/__/____]

[Agency Name]
[________________________________]
[Agency Address, Line 1]
[________________________________]
[City, Florida ZIP]
[Attention: [________________________________], Agency Clerk / Rulemaking Contact]

Re: Written Comments on Proposed Rule — [Rule Title]
Florida Administrative Code (F.A.C.) Citation: Fla. Admin. Code Ann. r. [____]-[____]
Florida Administrative Register (FAR) Notice Published: [__/__/____]
FAR Filing / Rule No.: [________________________________]
Comment Deadline: [__/__/____] (21 days from FAR publication)

cc: Joint Administrative Procedures Committee (JAPC)
[Florida Senate and House Committees of jurisdiction if applicable]

I. Introduction and Identity of Commenter

[Name of individual or organization] submits these written comments pursuant to Fla. Stat. § 120.54(3) on the above-referenced proposed rule published by [Agency Name] ("Agency") in the Florida Administrative Register on [__/__/____].

Submitter's Interest and Qualifications:
[________________________________] is a [describe: Florida corporation / statewide trade association / nonprofit / individual Florida resident] who qualifies as a "substantially affected person" within the meaning of Fla. Stat. § 120.52(13) because [describe how the submitter is specifically, substantially affected: e.g., "the proposed rule will impose specific compliance obligations on our facilities, directly affecting our operations and imposing significant compliance costs" / "as a licensee under [program], the proposed rule changes our license obligations in a manner that substantially affects our rights and interests."]. [Describe relevant expertise.]

Contact for Correspondence:
[________________________________]
[Title]
[Organization]
[Address]
[City, Florida ZIP]
[Phone: (____) ____-________]
[Email: ________________________________]

Counsel (if applicable): [________________________________], [Firm], [Address], [(____) ____-________]

II. Executive Summary of Positions

The following summarizes our principal positions, each developed in detail below:

1. [Position 1 — e.g., "The proposed rule constitutes an 'invalid exercise of delegated legislative authority' under Fla. Stat. § 120.52(8) because it exceeds the specific powers granted by [enabling statute]."]
2. [Position 2 — e.g., "The Agency's economic impact statement does not satisfy Fla. Stat. § 120.54(3)(b), which requires analysis of the likely costs to affected entities."]
3. [Position 3 — e.g., "Section [____]-[____] of the proposed rule uses undefined terms that will create compliance uncertainty."]
4. [Position 4 — add or delete as needed]

III. Background

A. Description of Proposed Rule

[Agency Name] has proposed [describe: e.g., "adoption of new rules / amendments to Fla. Admin. Code Ann. r. [____]-[____], governing [subject matter]."]. The proposed rule would [summarize key requirements and changes].

B. Agency's Statement of Facts and Circumstances

The Agency states in the FAR notice that the proposed rule is necessitated by [describe the agency's stated rationale and factual basis].

C. Statutory Authority and "Specific Authority" Designation

The Agency cites [Fla. Stat. § [____]] as its "Specific Authority" and [Fla. Stat. § [____]] as the "Law Implemented." Under Florida's APA (Fla. Stat. § 120.52(8)), a rule is an "invalid exercise of delegated legislative authority" if it: (a) goes beyond powers, functions, and duties delegated by the Legislature; (b) enlarges, modifies, or contravenes the specific provisions of the law implemented; (c) is vague, fails to establish adequate standards for agency decisions, or vests unbounded discretion in the agency; (d) is arbitrary or capricious; (e) is not supported by competent substantial evidence when the rule is an exercise of quasi-judicial power; or (f) imposes regulatory costs on the regulated person that could be reduced by adoption of less costly alternatives.

[Analyze whether the proposed rule satisfies these standards.]

IV. Detailed Comments by Rule Section

(Instructions: Number each comment. Identify the specific F.A.C. rule section. Quote proposed text. Provide proposed alternative language and supporting rationale.)

Comment No. 1 — [Proposed Rule Section: Fla. Admin. Code Ann. r. [____]-[____]]

Issue: [Describe the specific provision of concern. Quote the proposed text.]

Proposed text reads: "[________________________________]"

Concern: [Explain the legal, technical, or practical problem. Cite Fla. Stat. sections, existing FAC provisions, Florida court decisions, or economic data. Address the specific "invalid exercise" criteria under Fla. Stat. § 120.52(8) if relevant.]

Recommended Alternative Language: We request that the Agency revise Fla. Admin. Code Ann. r. [____]-[____] to read:

"[________________________________]"

Supporting Rationale: [Explain why proposed language is preferable, is within statutory authority, or reduces unnecessary regulatory costs. Provide specific evidence.]

Comment No. 2 — [Proposed Rule Section: Fla. Admin. Code Ann. r. [____]-[____]]

Issue: [________________________________]

Concern: [________________________________]

Recommended Alternative Language:

"[________________________________]"

Supporting Rationale: [________________________________]

Comment No. 3 — [Proposed Rule Section: Fla. Admin. Code Ann. r. [____]-[____]]

Issue: [________________________________]

Concern: [________________________________]

Recommended Alternative Language:

"[________________________________]"

Supporting Rationale: [________________________________]

(Add additional numbered comments as needed)

V. Invalid Exercise of Delegated Legislative Authority — Fla. Stat. § 120.52(8)

☐ Check if applicable: We respectfully submit that the proposed rule [in whole / in part] constitutes an "invalid exercise of delegated legislative authority" under Fla. Stat. § 120.52(8).

Specifically, the proposed rule [select applicable ground(s)]:

• ☐ Goes beyond powers delegated by the Legislature: The Agency's specific authority under Fla. Stat. § [____] is limited to [describe scope]. The proposed provision at Fla. Admin. Code Ann. r. [____]-[____] exceeds that scope because [explain].

• ☐ Enlarges, modifies, or contravenes the law implemented: The "Law Implemented," Fla. Stat. § [____], [describe what it provides]. The proposed rule would [describe how it enlarges, modifies, or contravenes the law implemented].

• ☐ Is vague and fails to establish adequate standards: The proposed rule's [term / standard / requirement] is undefined and vests unbounded discretion in the Agency because [explain].

• ☐ Is arbitrary or capricious: The proposed rule is arbitrary or capricious because [explain — lack of factual support, departure from prior agency practice without explanation, etc.].

• ☐ Imposes regulatory costs reducible by less costly alternatives: The Agency has not considered the following less costly alternatives: [describe alternatives and estimated cost savings].

If the Agency does not address these concerns, we reserve the right to file a petition challenging the proposed rule under Fla. Stat. § 120.56.

VI. Economic Impact Statement — Fla. Stat. § 120.54(3)(b)

Under Fla. Stat. § 120.54(3)(b), the agency's proposed rule notice must include "an economic impact statement" that includes the estimated costs to those persons required to comply and an analysis of whether the rule will have an impact on small businesses, small counties, or small cities.

We submit that the Agency's economic impact statement is deficient in the following respects:

We request the Agency revise its economic impact statement to reflect accurate data and re-publish the notice with an amended statement before proceeding.

VII. Small Business Regulatory Flexibility

The proposed rule will impose disproportionate costs on Florida small businesses (those with fewer than 200 employees or annual revenues under $5 million). We request the Agency consider the following less burdensome alternatives as required by Fla. Stat. § 120.52(8)(f):

• [Alternative 1, e.g., "Tiered compliance requirements based on business size"]
• [Alternative 2, e.g., "Extended implementation deadline for businesses with fewer than [____] employees"]
• [Alternative 3, e.g., "Simplified compliance option for small operators"]

VIII. Request for Oral Proceeding — Fla. Stat. § 120.54(3)(c)

☐ Check if requesting an oral proceeding: Pursuant to Fla. Stat. § 120.54(3)(c), we hereby request that the Agency hold an oral proceeding on this proposed rulemaking. [Note: If this request is joined by 25 or more persons, the agency is required to hold an oral proceeding.]

We request an oral proceeding because [describe: technical complexity / significant public interest / need to present witnesses and data].

Preferred location: [________________________________]
Preferred date range: [__/__/____] to [__/__/____]

IX. Notice to Joint Administrative Procedures Committee (JAPC)

We are providing a copy of these comments to the Joint Administrative Procedures Committee (JAPC) pursuant to Fla. Stat. § 120.545. We request JAPC examine:

• ☐ Whether the proposed rule constitutes an invalid exercise of delegated legislative authority under Fla. Stat. § 120.52(8)
• ☐ Whether the economic impact statement satisfies Fla. Stat. § 120.54(3)(b)
• ☐ Whether the rule conflicts with existing Florida statutes or other F.A.C. provisions
• ☐ Whether less costly alternatives to the proposed rule were considered

JAPC contact: Joint Administrative Procedures Committee, 111 W. Madison St., Room 120, Tallahassee, FL 32399

X. Supporting Exhibits

• Exhibit A: [Description, e.g., "Economic impact analysis, [Firm/Expert], [__/__/____]"]
• Exhibit B: [Description, e.g., "Florida business survey on proposed rule impact, [Organization], [Year]"]
• Exhibit C: [Description, e.g., "Technical report: [Title], [Author], [Year]"]
• Exhibit D: [Add or delete as needed]

XI. Reservation of Rights

We expressly reserve the right to:

• Supplement these comments with additional data or legal authority during the rulemaking record period
• Request an oral proceeding pursuant to Fla. Stat. § 120.54(3)(c)
• Petition for an administrative hearing under Fla. Stat. § 120.56 challenging the proposed rule as an invalid exercise of delegated legislative authority, if the concerns identified herein are not adequately addressed
• Seek judicial review of the final adopted rule

XII. Certification of Timely Submission

I certify that these written comments are being submitted to [Agency Name] on or before [__/__/____], within the 21-day comment period from the FAR publication date of [__/__/____]. These comments are submitted by [delivery method] to the Agency rulemaking contact [________________________________] at [address / email].

XIII. Conclusion

For the reasons stated above, [Name of Submitter] respectfully requests that the Agency:

1. [Requested action — e.g., "Revise Fla. Admin. Code Ann. r. [____]-[____] as proposed in Comment No. 1."]
2. [Requested action — e.g., "Revise the economic impact statement to reflect accurate compliance costs."]
3. [Requested action — e.g., "Withdraw or revise the provisions identified as an invalid exercise of delegated legislative authority."]
4. [Requested action — e.g., "Hold an oral proceeding."]
5. [Requested action — e.g., "Extend the proposed compliance timeline."]

We are providing copies of these comments to JAPC and reserve all rights to challenge the proposed rule under Fla. Stat. § 120.56 if necessary. We appreciate the opportunity to participate in this rulemaking.

Respectfully submitted,

[________________________________]
[Title / Position]
[Organization]
[________________________________]
[Address]
[________________________________]
[City, Florida ZIP]
[Phone: (____) ____-________]
[Email: ________________________________]
[Date: [__/__/____]]

Checklist — Comment Preparation and Submission (Florida)

Finding the Proposed Rule:

• ☐ Located Notice of Proposed Rulemaking in Florida Administrative Register (FAR): https://www.flrules.org/
• ☐ Obtained full text of proposed rule (F.A.C. citation)
• ☐ Confirmed 21-day comment deadline and agency rulemaking contact from FAR notice
• ☐ Noted FAR publication date, filing/rule number

Reviewing the Rule:

• ☐ Read the complete proposed rule text
• ☐ Reviewed agency's economic impact statement (Fla. Stat. § 120.54(3)(b))
• ☐ Reviewed agency's "Statement of Facts and Circumstances" in FAR notice
• ☐ Identified "Specific Authority" and "Law Implemented" citations in notice
• ☐ Analyzed whether rule is an "invalid exercise" under Fla. Stat. § 120.52(8)
• ☐ Identified each specific F.A.C. rule section of concern
• ☐ Researched Florida First DCA / Supreme Court decisions on subject
• ☐ Gathered supporting data: economic analyses, expert opinions, surveys

Drafting the Comment:

• ☐ Identified submitter as "substantially affected person" (Fla. Stat. § 120.52(13))
• ☐ Provided executive summary of all positions
• ☐ Numbered each comment by F.A.C. rule section
• ☐ Included specific proposed alternative regulatory language
• ☐ Cited Fla. Stat. sections and case law for each position
• ☐ Challenged economic impact statement with specific data
• ☐ Addressed Fla. Stat. § 120.52(8) "invalid exercise" criteria if applicable
• ☐ Included oral proceeding request (must be within 21-day period)
• ☐ Reserved right to file § 120.56 rule challenge
• ☐ Attached and indexed all supporting exhibits

Submission and Follow-Up:

• ☐ Submitted to agency rulemaking contact before 21-day deadline
• ☐ Provided copy to JAPC (Fla. Stat. § 120.545)
• ☐ Retained copy of all submitted documents
• ☐ Obtained confirmation of receipt
• ☐ Monitored FAR for Notice of Change (if agency makes substantial modifications)
• ☐ Calendared JAPC objection period and rule adoption filing date

Common Issues Raised in Florida Agency Comments

Invalid Exercise of Delegated Legislative Authority (Fla. Stat. § 120.52(8)):

• ☐ Rule goes beyond powers delegated by the Legislature
• ☐ Rule enlarges, modifies, or contravenes the "Law Implemented"
• ☐ Rule is vague and fails to establish adequate standards
• ☐ Rule vests unbounded discretion in the agency
• ☐ Rule is arbitrary or capricious — not supported by competent substantial evidence
• ☐ Rule imposes regulatory costs reducible by less costly alternatives

Economic Impact Statement Deficiencies (Fla. Stat. § 120.54(3)(b)):

• ☐ Direct and indirect compliance costs understated
• ☐ Small business impact not adequately analyzed
• ☐ Small county / small city impact not analyzed
• ☐ Less costly regulatory alternatives not considered
• ☐ Jobs impact not analyzed

Procedural Defects:

• ☐ Notice not published in FAR at least 21 days before oral proceeding or comment deadline
• ☐ Copy not provided to JAPC at least 21 days before rule filing
• ☐ Agency denied timely oral proceeding request supported by 25+ persons
• ☐ Notice of Change not published 21 days before rule filing after substantial modification

Substantive Concerns:

• ☐ Compliance timeline unreasonably short
• ☐ Undefined or ambiguous terminology
• ☐ Conflict with existing F.A.C. provisions
• ☐ Constitutional concerns (due process, equal protection)
• ☐ Federal preemption issues

Sources and References

• Florida APA: Fla. Stat. §§ 120.50–120.81 (https://www.flsenate.gov/Laws/Statutes)
• Florida Administrative Register (FAR): https://www.flrules.org/
• Florida Administrative Code (FAC): https://www.flrules.org/
• Florida Dept. of State — Administrative Code and Register: https://dos.fl.gov/offices/administrative-code-and-register/
• Joint Administrative Procedures Committee (JAPC): https://www.japc.state.fl.us/
• JAPC Pocket Guide to Florida's APA: https://www.japc.state.fl.us/Documents/Publications/PocketGuideFloridaAPA.pdf
• Division of Administrative Hearings (DOAH) — Rule Challenges: https://www.doah.state.fl.us/