House Bill 4335
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4335
By Representative Bullard
1 A bill to be entitled
2 An act relating to the district school system;
3 amending s. 230.22, F.S.; authorizing school
4 boards to adopt specified rules pursuant to the
5 Administrative Procedure Act; providing an
6 effective date.
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8 WHEREAS, since 1991, the Florida Legislature has
9 enacted comprehensive school improvement and accountability
10 legislation, predicated on the notion that schools and school
11 districts need flexibility to make sound education decisions
12 and tailor programs to meet the unique needs of their
13 students, and
14 WHEREAS, to accomplish this objective, numerous
15 provisions deemed obsolete or excessively prescriptive have
16 been deleted from the general school laws of the state, and
17 WHEREAS, in 1996, the Florida Legislature significantly
18 revised chapter 120, Florida Statutes, the Administrative
19 Procedure Act, and
20 WHEREAS, agencies were directed to identify those rules
21 that exceeded rulemaking authority as described in s. 120.536,
22 Florida Statutes, and to seek authorization for those rules,
23 and
24 WHEREAS, the definition of rulemaking authority found
25 in s. 120.536, Florida Statutes, more closely draws the
26 relationship between an enabling statute and rules adopted
27 thereunder, and
28 WHEREAS, the revised Administrative Procedure Act now
29 authorizes agencies to only adopt rules that implement,
30 interpret, or make specific the particular powers and duties
31 granted by the enabling statute, and
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4335
546-166-98
1 WHEREAS, given the strict standard for promulgating
2 rules now found in the Administrative Procedure Act, the
3 general school laws of the state may not provide the requisite
4 authority for local school boards to adopt rules for the
5 operation of district school systems, and
6 WHEREAS, providing such authority is necessary for the
7 efficient and orderly operation of district school systems,
8 NOW, THEREFORE,
9
10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Subsection (2) of section 230.22, Florida
13 Statutes, is amended to read:
14 230.22 General powers of school board.--The school
15 board, after considering recommendations submitted by the
16 superintendent, shall exercise the following general powers:
17 (2) Adopt such rules and regulations to supplement
18 those prescribed by the state board and the commissioner as in
19 its opinion will contribute to the more orderly and efficient
20 operation of the district school system. School boards may
21 adopt rules pursuant to the Administrative Procedure Act for
22 governance and operations, general school administration,
23 fiscal management, support services, facilities management,
24 personnel, instructional programs, student management, parent
25 relations, school-community relations, court orders, and
26 federal mandates.
27 Section 2. This act shall take effect upon becoming a
28 law.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4335
546-166-98
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2 HOUSE SUMMARY
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Authorizes school boards to adopt rules pursuant to the
4 Administrative Procedure Act for governance and
operations, general school administration, fiscal
5 management, support services, facilities management,
personnel, instructional programs, student management,
6 parent relations, school-community relations, court
orders, and federal mandates.
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