House Bill 4023c1

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    Florida House of Representatives - 2000             CS/HB 4023

        By the Committees on Governmental Rules & Regulations,
    Rules & Calendar and Representative Sublette





  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing various statutory provisions that

  4         have become obsolete, have had their effect,

  5         have served their purpose, or have been

  6         impliedly repealed or superseded; amending s.

  7         120.536, F.S.; deleting obsolete provisions

  8         relating to agency review of rules exceeding

  9         rulemaking authority under law; amending s.

10         120.695, F.S.; deleting obsolete provisions

11         relating to the review of agency rules for

12         designation of those for which violation would

13         be considered minor and subject to a notice of

14         noncompliance as first enforcement action;

15         providing an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Paragraph (a) of subsection (2) of section

20  120.536, Florida Statutes, is amended to read:

21         120.536  Rulemaking authority; listing of rules

22  exceeding authority; repeal; challenge.--

23         (2)(a)  By October 1, 1997, each agency shall provide

24  to the Administrative Procedures Committee a listing of each

25  rule, or portion thereof, adopted by that agency before

26  October 1, 1996, which exceeds the rulemaking authority

27  permitted by this section.  For those rules of which only a

28  portion exceeds the rulemaking authority permitted by this

29  section, the agency shall also identify the language of the

30  rule which exceeds this authority.  The Administrative

31  Procedures Committee shall combine the lists and provide the

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  1  cumulative listing to the President of the Senate and the

  2  Speaker of the House of Representatives.  The Legislature

  3  shall, at the 1998 Regular Session, consider whether specific

  4  legislation authorizing the identified rules, or portions

  5  thereof, should be enacted.  By January 1, 1999, each agency

  6  shall initiate proceedings pursuant to s. 120.54 to repeal

  7  each rule, or portion thereof, identified as exceeding the

  8  rulemaking authority permitted by this section for which

  9  authorizing legislation does not exist. By February 1, 1999,

10  the Administrative Procedures Committee shall submit to the

11  President of the Senate and the Speaker of the House of

12  Representatives a report identifying those rules that an

13  agency had previously identified as exceeding the rulemaking

14  authority permitted by this section for which proceedings to

15  repeal the rule have not been initiated. As of July 1, 1999,

16  the Administrative Procedures Committee or any substantially

17  affected person may petition an agency to repeal any rule, or

18  portion thereof, because it exceeds the rulemaking authority

19  permitted by this section.  Not later than 30 days after the

20  date of filing the petition if the agency is headed by an

21  individual, or not later than 45 days if the agency is headed

22  by a collegial body, the agency shall initiate rulemaking

23  proceedings to repeal the rule, or portion thereof, or deny

24  the petition, giving a written statement of its reasons for

25  the denial.

26         Section 2.  Subsection (2) of section 120.695, Florida

27  Statutes, is amended to read:

28         120.695  Notice of noncompliance.--

29         (2)(a)  Each agency shall issue a notice of

30  noncompliance as a first response to a minor violation of a

31  rule.  A "notice of noncompliance" is a notification by the

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  1  agency charged with enforcing the rule issued to the person or

  2  business subject to the rule.  A notice of noncompliance may

  3  not be accompanied with a fine or other disciplinary penalty.

  4  It must identify the specific rule that is being violated,

  5  provide information on how to comply with the rule, and

  6  specify a reasonable time for the violator to comply with the

  7  rule.  A rule is agency action that regulates a business,

  8  occupation, or profession, or regulates a person operating a

  9  business, occupation, or profession, and that, if not complied

10  with, may result in a disciplinary penalty.

11         (b)  Each agency shall review all of its rules and

12  designate those for which a violation would be a minor

13  violation and for which a notice of noncompliance must be the

14  first enforcement action taken against a person or business

15  subject to regulation. A violation of a rule is a minor

16  violation if it does not result in economic or physical harm

17  to a person or adversely affect the public health, safety, or

18  welfare or create a significant threat of such harm.  If an

19  agency under the direction of a cabinet officer mails to each

20  licensee a notice of the designated rules at the time of

21  licensure and at least annually thereafter, the provisions of

22  paragraph (a) may be exercised at the discretion of the

23  agency. Such notice shall include a subject-matter index of

24  the rules and information on how the rules may be obtained.

25         (c)  The agency's review and designation must be

26  completed by December 1, 1995; each agency under the direction

27  of the Governor shall make a report to the Governor, and each

28  agency under the joint direction of the Governor and Cabinet

29  shall report to the Governor and Cabinet by January 1, 1996,

30  on which of its rules have been designated as rules the

31  violation of which would be a minor violation.

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  1         (d)  The Governor or the Governor and Cabinet, as

  2  appropriate pursuant to paragraph (c), may evaluate the review

  3  and designation effects of each agency and may apply a

  4  different designation than that applied by the agency.

  5         (e)  This section does not apply to the regulation of

  6  law enforcement personnel or teachers.

  7         (c)(f)  Designation pursuant to this section is not

  8  subject to challenge under this chapter.

  9         Section 3.  This act shall take effect upon becoming a

10  law.

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