The Florida Senate

CS/SB 2240: Rulemaking Authority

GENERAL BILL by Governmental Reform and Oversight ; Williams

Rulemaking Authority; restates rulemaking authority for numerous state officers, departments, divisions, boards, & other entities; repeals provision re rules for state parks; conforms cross-reference to change made by act. Amends FS.

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• Bill History

  Date	Chamber	Action
  3/3/1998	Senate	• Filed
  3/18/1998	Senate	• Introduced, referred to Governmental Reform and Oversight -SJ 00204
  4/2/1998	Senate	• On Committee agenda-- Governmental Reform and Oversight, 04/07/98, 2:00 pm, Room-309C
  4/7/1998	Senate	• Comm. Action:-CS by Governmental Reform and Oversight -SJ 00425; CS read first time on 04/09/98 -SJ 00430
  4/9/1998	Senate	• Placed on Calendar -SJ 00425
  5/1/1998	Senate	• Died on Calendar, Iden./Sim./Compare Bill(s) passed, refer to CS/SB 1440 (Ch. 98-200)

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• CS/SB 2240, Committee Substitute 1 (Current Bill Version) Posted 4/10/1998 at 2:18 AM

  Bill Text:	Web Page | PDF

  Analyses:	Governmental Reform and Oversight (Post-Meeting) 4/7/1998 (pdf)

  Related Bills (2)

  Bill Number	Subject	Filed By	Relationship	Last Action and Location
  H 1509 (e1)	Administrative Procedures	Spratt	Similar	Last Action: 5/1/1998 S Died in Messages, Iden./Sim./Compare Bill(s) passed, refer to CS/SB 1440 (Ch. 98-200) Location:
  S 1440 (e1)		Latvala	Similar	Last Action: 5/24/1998 Became Law without Governor's Signature; Chapter No. 98-200; See also CS/SB 846 (Ch. 98-105) Location:

  Citations - Statutes (226)

  Citation	Catchline	Location in Bill Location In Bill Help
  14.202	Administration Commission.
  17.29	Authority to prescribe rules.
  18.22	Rules and regulations.
  20.171	Department of Labor and Employment Security.
  63.233	Rulemaking authority.
  175.341	Duties of Division of Retirement; rulemaking authority; investments by the State Board of Administration.
  177.504	Powers and duties of the department.
  185.23	Duties of Division of Retirement; rulemaking; investment by State Board of Administration.
  198.08	Rules and regulations.
  199.202	Administration of law; rules.
  201.11	Administration of law by Department of Revenue.
  207.011	Inspection of records; hearings; forms; rules.
  210.10	General powers of the Division of Alcoholic Beverages and Tobacco.
  210.75	Administration.
  212.17	Credits for returned goods, rentals, or admissions; additional powers of department.
  212.18	Administration of law; registration of dealers; rules.
  213.06	Rules of department; circumstances requiring emergency rules.
  215.62	Division of Bond Finance.
  215.95	Financial Management Information Board.
  217.14	Adoption of rules and regulations.
  220.182	Enterprise zone property tax credit.
  220.183	Community contribution tax credit.
  229.053	General powers of state board.
  229.515	Rules and standards have force of law.
  230.22	General powers of school board.
  230.32	General powers of superintendents.
  231.261	Education Practices Commission; organization.
  235.01	Purpose; rules.
  240.209	Board of Regents; powers and duties.
  240.227	University presidents; powers and duties.
  240.311	State Board of Community Colleges; powers and duties.
  240.319	Community college district boards of trustees; duties and powers.
  242.331	Florida School for the Deaf and the Blind; board of trustees.
  246.041	Powers and duties of board.
  246.051	Administration by board.
  246.071	Rules of State Board of Independent Colleges and Universities.
  246.207	Powers and duties of board.
  246.213	Power of State Board of Education.
  253.03	Board of trustees to administer state lands; lands enumerated.
  253.73	Rules and regulations; ss. 253.67-253.75.
  257.14	Division of Library and Information Services; rules.
  258.007	Powers of division.
  258.011	Rules and regulations for certain parks.
  258.43	Rules and regulations.
  259.035	Advisory council; powers and duties.
  259.041	Acquisition of state-owned lands for preservation, conservation, and recreation purposes.
  265.284	Chief cultural officer; director of division; powers and duties.
  265.605	Cultural Endowment Program; rulemaking.
  267.031	Division of Historical Resources.
  280.19	Rules.
  284.17	Rules and regulations.
  288.709	Powers of the Florida Black Business Investment Board.
  292.05	Duties of Department of Veterans' Affairs.
  310.151	Rates of pilotage; Pilotage Rate Review Board.
  310.185	Rulemaking.
  319.17	Rules; forms; indexes and records.
  320.011	Administration and enforcement; rules.
  320.69	Rules and regulations.
  320.824	Rules and regulations, changes and modifications of standards.
  324.042	Administration.
  326.003	Administration.
  327.04	Rules and regulations.
  330.29	Administration and enforcement; rules; standards for airport sites and airports.
  334.044	Department; powers and duties.
  339.175	Metropolitan planning organization.
  350.127	Penalties; rules; execution of contracts.
  366.05	Powers.
  367.121	Powers of commission.
  368.05	Commission jurisdiction, rules and regulations.
  369.20	Florida Aquatic Weed Control Act.
  369.22	Nonindigenous aquatic plant control.
  369.251	Invasive nonnative plants; prohibitions; study; removal; rules.
  370.021	Administration; rules, publications, records; penalty for violation of chapter; injunctions.
  370.092	Carriage of proscribed nets across Florida waters.
  370.15	Shrimp; regulation.
  373.043	Adoption and enforcement of regulations by the department.
  373.044	Rules and regulations; enforcement; availability of personnel rules.
  373.113	Adoption of regulations by the governing board.
  373.171	Rules and regulations.
  373.337	Rules.
  373.418	Rulemaking; preservation of existing authority.
  376.07	Regulatory powers of department; penalties for inadequate booming by terminal facilities.
  377.22	Rules, regulations, and orders.
  377.703	Additional functions of the Department of Community Affairs; energy emergency contingency plan; federal and state conservation programs.
  378.205	Administration; powers and duties of the department; agency review responsibility.
  378.404	Department of Environmental Protection; powers and duties.
  380.05	Areas of critical state concern.
  380.0651	Statewide guidelines and standards.
  381.0011	Duties and powers of the Department of Health.
  384.33	Rules.
  391.026	Powers and duties of the department.
  392.66	Rules.
  394.879	Rules; enforcement.
  395.1055	Rules and enforcement.
  403.061	Department; powers and duties.
  403.1835	Sewage treatment facilities revolving loan program.
  403.504	Department of Environmental Protection; powers and duties enumerated.
  403.523	Department of Environmental Protection; powers and duties.
  403.704	Powers and duties of the department.
  403.716	Training of operators of solid waste management and other facilities.
  403.805	Secretary; powers and duties.
  403.861	Department; powers and duties.
  403.869	Authority to adopt rules.
  403.9404	Department of Environmental Protection; powers and duties.
  406.04	Rules and regulations.
  408.15	Powers of the agency.
  414.45	Rulemaking.
  427.013	The Commission for the Transportation Disadvantaged; purpose and responsibilities.
  430.08	Rulemaking.
  440.591	Administrative procedure; rulemaking authority.
  443.171	Division and commission; powers and duties; rules; advisory council; records and reports.
  455.203	Department; powers and duties.
  455.521	Department; powers and duties.
  457.104	Authority to make rules.
  458.309	Authority to make rules.
  459.005	Authority to make rules.
  460.405	Authority to make rules.
  461.005	Authority to make rules.
  463.005	Authority of the board.
  464.006	Authority to make rules.
  465.005	Authority to make rules.
  465.022	Pharmacies; general requirements; fees.
  466.004	Board of Dentistry.
  466.038	Rules.
  467.005	Authority to make rules.
  468.1135	Board of Speech-Language Pathology and Audiology.
  468.1685	Powers and duties of board and department.
  468.204	Authority to adopt rules.
  468.384	Florida Board of Auctioneers.
  468.402	Duties of the department; authority to issue and revoke license; adoption of rules.
  468.507	Authority to adopt rules.
  468.522	Rules of the board.
  468.606	Authority of the board.
  468.705	Rulemaking authority.
  468.802	Authority to adopt rules.
  470.005	Rulemaking authority of board and department.
  471.008	Rules of the board.
  472.008	Rules of the board.
  473.304	Rules of board; powers and duties; legal services.
  474.206	Authority to make rules.
  475.05	Power of commission to enact bylaws, rules, and regulations and decide questions of practice.
  475.614	Power of board to enact rules and decide questions of practice.
  476.064	Organization; headquarters; personnel; meetings.
  477.016	Rulemaking.
  478.43	Board of Medicine; powers and duties.
  480.035	Board of Massage Therapy.
  481.2055	Authority to make rules.
  481.306	Authority to make rules.
  482.051	Rules.
  483.805	Board of Clinical Laboratory Personnel.
  484.005	Authority to make rules.
  484.044	Authority to make rules.
  486.025	Powers and duties of the Board of Physical Therapy Practice.
  488.02	Rules and regulations.
  489.108	Rulemaking authority of the board.
  489.507	Electrical Contractors' Licensing Board.
  490.004	Board of Psychology.
  491.004	Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling.
  492.104	Authority to make rules.
  494.0011	Powers and duties of the department.
  496.424	Rulemaking authority.
  497.103	Rulemaking authority of board and department.
  497.105	Department of Banking and Finance; powers and duties.
  498.007	General powers and duties.
  500.459	Water vending machines.
  501.014	Health studios; powers and duties of the department.
  501.143	Dance Studio Act.
  501.626	Rulemaking power.
  502.014	Powers and duties.
  503.031	Powers of department.
  504.32	Rulemaking authority.
  516.22	Regulations; certified copies.
  516.23	Subpoenas; enforcement actions; rules.
  517.03	Power of department to make rules.
  520.994	Powers of department.
  526.09	Department to enforce law; rules and regulations.
  531.41	Powers and duties of the department.
  548.003	State Athletic Commission.
  553.76	General powers of the board.
  560.105	Supervisory powers of the department; rulemaking.
  561.11	Power and authority of division.
  570.07	Department of Agriculture and Consumer Services; functions, powers, and duties.
  571.05	Rules.
  571.24	Purpose; duties of the division.
  574.14	Rules.
  578.11	Duties, authority, and rules and regulations of the department.
  580.036	Powers and duties.
  583.04	Promulgation of rules.
  585.002	Department control; continuance of powers, duties, rules, orders, etc.
  593.103	Powers and duties of department.
  616.165	Rules.
  616.256	Powers of authority.
  617.01301	Powers of Department of State.
  620.1835	Powers of Department of State; interrogatories.
  620.81055	Fees for filing documents and issuing certificates; powers of the Department of State.
  624.308	Rules.
  624.4431	Administration; rules.
  626.943	Powers and duties of the department.
  627.805	Departmental regulation of variable and indeterminate value contracts; rules.
  627.9408	Rules.
  628.535	Authority to promulgate rules.
  633.01	State Fire Marshal; powers and duties; rules.
  633.517	Authority of State Fire Marshal to adopt rules, administer oaths, and take testimony.
  633.70	Jurisdiction of State Fire Marshal over alarm system contractors and certified unlimited electrical contractors.
  634.021	Powers of department; rules.
  634.302	Powers of department; rules.
  634.402	Powers of department; rules.
  635.081	Administration and enforcement.
  636.067	Rules.
  641.403	Promulgation of rules.
  641.56	Rulemaking authority.
  648.26	Department of Insurance; administration.
  651.015	Administration; forms; fees; rules; fines.
  655.012	General supervisory powers of the department; rulemaking.
  681.118	Rulemaking authority.
  717.138	Rulemaking authority.
  718.501	Powers and duties of Division of Florida Land Sales, Condominiums, and Mobile Homes.
  719.501	Powers and duties of Division of Florida Land Sales, Condominiums, and Mobile Homes.
  721.26	Regulation by division.
  723.006	Powers and duties of division.
  916.20	Operation and administration; rules.
  943.03	Department of Law Enforcement.
  944.09	Rules of the department; offenders, probationers, and parolees.
  947.07	Rules and regulations.
  960.045	Department of Legal Affairs; powers and duties.
  985.405	Rules for implementation.

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• SB 2240, Original Filed Version Posted 3/13/1998 at 2:42 AM

  Bill Text:	Web Page | PDF

  Analyses:	None

  Citations - Statutes (226)

  Citation	Catchline	Location in Bill Location In Bill Help
  14.202	Administration Commission.
  17.29	Authority to prescribe rules.
  18.22	Rules and regulations.
  20.171	Department of Labor and Employment Security.
  63.233	Rulemaking authority.
  175.341	Duties of Division of Retirement; rulemaking authority; investments by the State Board of Administration.
  177.504	Powers and duties of the department.
  185.23	Duties of Division of Retirement; rulemaking; investment by State Board of Administration.
  198.08	Rules and regulations.
  199.202	Administration of law; rules.
  201.11	Administration of law by Department of Revenue.
  207.011	Inspection of records; hearings; forms; rules.
  210.10	General powers of the Division of Alcoholic Beverages and Tobacco.
  210.75	Administration.
  212.17	Credits for returned goods, rentals, or admissions; additional powers of department.
  212.18	Administration of law; registration of dealers; rules.
  213.06	Rules of department; circumstances requiring emergency rules.
  215.62	Division of Bond Finance.
  215.95	Financial Management Information Board.
  217.14	Adoption of rules and regulations.
  220.182	Enterprise zone property tax credit.
  220.183	Community contribution tax credit.
  229.053	General powers of state board.
  229.515	Rules and standards have force of law.
  230.22	General powers of school board.
  230.32	General powers of superintendents.
  231.261	Education Practices Commission; organization.
  235.01	Purpose; rules.
  240.209	Board of Regents; powers and duties.
  240.227	University presidents; powers and duties.
  240.311	State Board of Community Colleges; powers and duties.
  240.319	Community college district boards of trustees; duties and powers.
  242.331	Florida School for the Deaf and the Blind; board of trustees.
  246.041	Powers and duties of board.
  246.051	Administration by board.
  246.071	Rules of State Board of Independent Colleges and Universities.
  246.207	Powers and duties of board.
  246.213	Power of State Board of Education.
  253.03	Board of trustees to administer state lands; lands enumerated.
  253.73	Rules and regulations; ss. 253.67-253.75.
  257.14	Division of Library and Information Services; rules.
  258.007	Powers of division.
  258.011	Rules and regulations for certain parks.
  258.43	Rules and regulations.
  259.035	Advisory council; powers and duties.
  259.041	Acquisition of state-owned lands for preservation, conservation, and recreation purposes.
  265.284	Chief cultural officer; director of division; powers and duties.
  265.605	Cultural Endowment Program; rulemaking.
  267.031	Division of Historical Resources.
  280.19	Rules.
  284.17	Rules and regulations.
  288.709	Powers of the Florida Black Business Investment Board.
  292.05	Duties of Department of Veterans' Affairs.
  310.151	Rates of pilotage; Pilotage Rate Review Board.
  310.185	Rulemaking.
  319.17	Rules; forms; indexes and records.
  320.011	Administration and enforcement; rules.
  320.69	Rules and regulations.
  320.824	Rules and regulations, changes and modifications of standards.
  324.042	Administration.
  326.003	Administration.
  327.04	Rules and regulations.
  330.29	Administration and enforcement; rules; standards for airport sites and airports.
  334.044	Department; powers and duties.
  339.175	Metropolitan planning organization.
  350.127	Penalties; rules; execution of contracts.
  366.05	Powers.
  367.121	Powers of commission.
  368.05	Commission jurisdiction, rules and regulations.
  369.20	Florida Aquatic Weed Control Act.
  369.22	Nonindigenous aquatic plant control.
  369.251	Invasive nonnative plants; prohibitions; study; removal; rules.
  370.021	Administration; rules, publications, records; penalty for violation of chapter; injunctions.
  370.092	Carriage of proscribed nets across Florida waters.
  370.15	Shrimp; regulation.
  373.043	Adoption and enforcement of regulations by the department.
  373.044	Rules and regulations; enforcement; availability of personnel rules.
  373.113	Adoption of regulations by the governing board.
  373.171	Rules and regulations.
  373.337	Rules.
  373.418	Rulemaking; preservation of existing authority.
  376.07	Regulatory powers of department; penalties for inadequate booming by terminal facilities.
  377.22	Rules, regulations, and orders.
  377.703	Additional functions of the Department of Community Affairs; energy emergency contingency plan; federal and state conservation programs.
  378.205	Administration; powers and duties of the department; agency review responsibility.
  378.404	Department of Environmental Protection; powers and duties.
  380.05	Areas of critical state concern.
  380.0651	Statewide guidelines and standards.
  381.0011	Duties and powers of the Department of Health.
  384.33	Rules.
  391.026	Powers and duties of the department.
  392.66	Rules.
  394.879	Rules; enforcement.
  395.1055	Rules and enforcement.
  403.061	Department; powers and duties.
  403.1835	Sewage treatment facilities revolving loan program.
  403.504	Department of Environmental Protection; powers and duties enumerated.
  403.523	Department of Environmental Protection; powers and duties.
  403.704	Powers and duties of the department.
  403.716	Training of operators of solid waste management and other facilities.
  403.805	Secretary; powers and duties.
  403.861	Department; powers and duties.
  403.869	Authority to adopt rules.
  403.9404	Department of Environmental Protection; powers and duties.
  406.04	Rules and regulations.
  408.15	Powers of the agency.
  414.45	Rulemaking.
  427.013	The Commission for the Transportation Disadvantaged; purpose and responsibilities.
  430.08	Rulemaking.
  440.591	Administrative procedure; rulemaking authority.
  443.171	Division and commission; powers and duties; rules; advisory council; records and reports.
  455.203	Department; powers and duties.
  455.521	Department; powers and duties.
  457.104	Authority to make rules.
  458.309	Authority to make rules.
  459.005	Authority to make rules.
  460.405	Authority to make rules.
  461.005	Authority to make rules.
  463.005	Authority of the board.
  464.006	Authority to make rules.
  465.005	Authority to make rules.
  465.022	Pharmacies; general requirements; fees.
  466.004	Board of Dentistry.
  466.038	Rules.
  467.005	Authority to make rules.
  468.1135	Board of Speech-Language Pathology and Audiology.
  468.1685	Powers and duties of board and department.
  468.204	Authority to adopt rules.
  468.384	Florida Board of Auctioneers.
  468.402	Duties of the department; authority to issue and revoke license; adoption of rules.
  468.507	Authority to adopt rules.
  468.522	Rules of the board.
  468.606	Authority of the board.
  468.705	Rulemaking authority.
  468.802	Authority to adopt rules.
  470.005	Rulemaking authority of board and department.
  471.008	Rules of the board.
  472.008	Rules of the board.
  473.304	Rules of board; powers and duties; legal services.
  474.206	Authority to make rules.
  475.05	Power of commission to enact bylaws, rules, and regulations and decide questions of practice.
  475.614	Power of board to enact rules and decide questions of practice.
  476.064	Organization; headquarters; personnel; meetings.
  477.016	Rulemaking.
  478.43	Board of Medicine; powers and duties.
  480.035	Board of Massage Therapy.
  481.2055	Authority to make rules.
  481.306	Authority to make rules.
  482.051	Rules.
  483.805	Board of Clinical Laboratory Personnel.
  484.005	Authority to make rules.
  484.044	Authority to make rules.
  486.025	Powers and duties of the Board of Physical Therapy Practice.
  488.02	Rules and regulations.
  489.108	Rulemaking authority of the board.
  489.507	Electrical Contractors' Licensing Board.
  490.004	Board of Psychology.
  491.004	Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling.
  492.104	Authority to make rules.
  494.0011	Powers and duties of the department.
  496.424	Rulemaking authority.
  497.103	Rulemaking authority of board and department.
  497.105	Department of Banking and Finance; powers and duties.
  498.007	General powers and duties.
  500.459	Water vending machines.
  501.014	Health studios; powers and duties of the department.
  501.143	Dance Studio Act.
  501.626	Rulemaking power.
  502.014	Powers and duties.
  503.031	Powers of department.
  504.32	Rulemaking authority.
  516.22	Regulations; certified copies.
  516.23	Subpoenas; enforcement actions; rules.
  517.03	Power of department to make rules.
  520.994	Powers of department.
  526.09	Department to enforce law; rules and regulations.
  531.41	Powers and duties of the department.
  548.003	State Athletic Commission.
  553.76	General powers of the board.
  560.105	Supervisory powers of the department; rulemaking.
  561.11	Power and authority of division.
  570.07	Department of Agriculture and Consumer Services; functions, powers, and duties.
  571.05	Rules.
  571.24	Purpose; duties of the division.
  574.14	Rules.
  578.11	Duties, authority, and rules and regulations of the department.
  580.036	Powers and duties.
  583.04	Promulgation of rules.
  585.002	Department control; continuance of powers, duties, rules, orders, etc.
  593.103	Powers and duties of department.
  616.165	Rules.
  616.256	Powers of authority.
  617.01301	Powers of Department of State.
  620.1835	Powers of Department of State; interrogatories.
  620.81055	Fees for filing documents and issuing certificates; powers of the Department of State.
  624.308	Rules.
  624.4431	Administration; rules.
  626.943	Powers and duties of the department.
  627.805	Departmental regulation of variable and indeterminate value contracts; rules.
  627.9408	Rules.
  628.535	Authority to promulgate rules.
  633.01	State Fire Marshal; powers and duties; rules.
  633.517	Authority of State Fire Marshal to adopt rules, administer oaths, and take testimony.
  633.70	Jurisdiction of State Fire Marshal over alarm system contractors and certified unlimited electrical contractors.
  634.021	Powers of department; rules.
  634.302	Powers of department; rules.
  634.402	Powers of department; rules.
  635.081	Administration and enforcement.
  636.067	Rules.
  641.403	Promulgation of rules.
  641.56	Rulemaking authority.
  648.26	Department of Insurance; administration.
  651.015	Administration; forms; fees; rules; fines.
  655.012	General supervisory powers of the department; rulemaking.
  681.118	Rulemaking authority.
  717.138	Rulemaking authority.
  718.501	Powers and duties of Division of Florida Land Sales, Condominiums, and Mobile Homes.
  719.501	Powers and duties of Division of Florida Land Sales, Condominiums, and Mobile Homes.
  721.26	Regulation by division.
  723.006	Powers and duties of division.
  916.20	Operation and administration; rules.
  943.03	Department of Law Enforcement.
  944.09	Rules of the department; offenders, probationers, and parolees.
  947.07	Rules and regulations.
  960.045	Department of Legal Affairs; powers and duties.
  985.405	Rules for implementation.

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