SENATE AMENDMENT

    Bill No. CS for SB 1016, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Clary moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 10, between lines 27 and 28

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16  insert:

17         Section 4.  Section 455.211, Florida Statutes, is

18  amended to read:

19         455.211  Board rules; final agency action;

20  challenges.--

21         (1)  The secretary of the department shall have

22  standing to challenge any rule or proposed rule of a board

23  under its jurisdiction pursuant to s. 120.56. In addition to

24  challenges for any invalid exercise of delegated legislative

25  authority, the administrative law judge, upon such a challenge

26  by the secretary, may declare all or part of a rule or

27  proposed rule invalid if it:

28         (a)  Does not protect the public from any significant

29  and discernible harm or damages;

30         (b)  Unreasonably restricts competition or the

31  availability of professional services in the state or in a

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    11:38 AM   05/02/00                             s1016c1c-07201




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1016, 1st Eng.

    Amendment No.    





 1  significant part of the state; or

 2         (c)  Unnecessarily increases the cost of professional

 3  services without a corresponding or equivalent public benefit.

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 5  However, there shall not be created a presumption of the

 6  existence of any of the conditions cited in this subsection in

 7  the event that the rule or proposed rule is challenged.

 8         (2)  In addition, either the secretary or the board

 9  shall be a substantially interested party for purposes of s.

10  120.54(7). The board may, as an adversely affected party,

11  initiate and maintain an action pursuant to s. 120.68

12  challenging the final agency action.

13         (3)  No board created within the department shall have

14  standing to challenge a rule or proposed rule of another

15  board. However, if there is a dispute between boards

16  concerning a rule or proposed rule, the boards may avail

17  themselves of the provisions of s. 455.207(5).

18         (4)  Any proposed board rule that has not been modified

19  to remove proposed committee objections of the Administrative

20  Procedures Committee must receive approval from the department

21  prior to filing the rule with the Department of State for

22  final adoption. The department may repeal any rule enacted by

23  the board which has taken effect without having met proposed

24  committee objections of the Administrative Procedures

25  Committee.

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27  (Redesignate subsequent sections.)

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30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

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    11:38 AM   05/02/00                             s1016c1c-07201




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1016, 1st Eng.

    Amendment No.    





 1         On page 1, line 15, after the semicolon,

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 3  insert:

 4         amending s. 455.211, F.S.; limiting a board's

 5         authority to adopt rules under a specific

 6         circumstance;

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    11:38 AM   05/02/00                             s1016c1c-07201