House Bill 4023c1
CODING: Words stricken are deletions; words underlined are additions.
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6 impliedly repealed or superseded; amending s.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.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
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
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 4023
607-122-00
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
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 4023
607-122-00
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.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 4023
607-122-00
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.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4