Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1594
Barcode 561466
CHAMBER ACTION
Senate House
.
.
1 Comm: FAV .
03/14/2007 04:21 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Governmental Operations (Posey) recommended
12 the following amendment:
13
14 Senate Amendment (with title amendment)
15 On page 4, line 16, through
16 page 6, line 16, delete those lines
17
18 and insert:
19 Section 3. Paragraph (i) of subsection (1), paragraphs
20 (a) and (e) of subsection (3), and paragraph (a) of subsection
21 (4) of section 120.54, Florida Statutes, are amended, and
22 paragraph (k) is added to subsection (1) of that section, to
23 read:
24 120.54 Rulemaking.--
25 (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER
26 THAN EMERGENCY RULES.--
27 (i)1. A rule may incorporate material by reference but
28 only as the material exists on the date the rule is adopted.
29 For purposes of the rule, changes in the material are not
30 effective unless the rule is amended to incorporate the
31 changes. Material incorporated by reference in a rule may not
1
3:36 PM 03/12/07 s1594c-go24-t22
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1594
Barcode 561466
1 incorporate additional material by reference unless the rule
2 specifically identifies the additional material.
3 2. An agency rule that incorporates by specific
4 reference another rule of that agency automatically
5 incorporates subsequent amendments to the referenced rule,
6 unless a contrary intent is clearly indicated in the
7 referencing rule. Any notice of amendments to a rule that has
8 been incorporated by specific reference in other rules of that
9 agency must explain the effect of the amendments on the
10 referencing rules.
11 3. In rules adopted after December 31, 2009, material
12 may not be incorporated by reference unless the material has
13 been submitted in the prescribed electronic format to the
14 Department of State and can be made available for free public
15 access through an electronic hyperlink from the rule in the
16 Florida Administrative Code making the reference.
17 4. A rule may not be amended by reference only.
18 Amendments must set out the amended rule in full in the same
19 manner as required by the State Constitution for laws. The
20 Department of State may prescribe by rule requirements for
21 incorporating materials by reference pursuant to this
22 paragraph.
23 5.2. Notwithstanding any contrary provision in this
24 section, when an adopted rule of the Department of
25 Environmental Protection or a water management district is
26 incorporated by reference in the other agency's rule to
27 implement a provision of part IV of chapter 373, subsequent
28 amendments to the rule are not effective as to the
29 incorporating rule unless the agency incorporating by
30 reference notifies the committee and the Department of State
31 of its intent to adopt the subsequent amendment, publishes
2
3:36 PM 03/12/07 s1594c-go24-t22
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1594
Barcode 561466
1 notice of such intent in the Florida Administrative Weekly,
2 and files with the Department of State a copy of the amended
3 rule incorporated by reference. Changes in the rule
4 incorporated by reference are effective as to the other agency
5 20 days after the date of the published notice and filing with
6 the Department of State. The Department of State shall amend
7 the history note of the incorporating rule to show the
8 effective date of such change. Any substantially affected
9 person may, within 14 days after the date of publication of
10 the notice of intent in the Florida Administrative Weekly,
11 file an objection to rulemaking with the agency. The objection
12 shall specify the portions of the rule incorporated by
13 reference to which the person objects and the reasons for the
14 objection. The agency does shall not have the authority under
15 this subparagraph to adopt those portions of the rule
16 specified in such objection. The agency shall publish notice
17 of the objection and of its action in response in the next
18 available issue of the Florida Administrative Weekly.
19 6. The Department of State may prescribe by rule
20 requirements for incorporating materials pursuant to this
21 paragraph.
22 (k) Rulemaking authority delegated to an agency by the
23 Legislature shall be exercised by the agency head and may not
24 be transferred or redelegated.
25
26
27 ================ T I T L E A M E N D M E N T ===============
28 And the title is amended as follows:
29 On page 1, line 15, after the semicolon,
30
31 insert:
3
3:36 PM 03/12/07 s1594c-go24-t22
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1594
Barcode 561466
1 requiring that the rulemaking authority
2 delegated to an agency by the Legislature be
3 exercised by the agency head; prohibiting the
4 transfer or redelegation of such rulemaking
5 authority;
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4
3:36 PM 03/12/07 s1594c-go24-t22