Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 1010
Barcode 610794
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Judiciary (Aronberg) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 On page 15, lines 1-3, delete those lines
16
17 and insert:
18 Section 7. Paragraphs (k) and (m) of subsection (1)
19 and paragraph (a) of subsection (3) of section 120.57, Florida
20 Statutes, are amended to read:
21 120.57 Additional procedures for particular cases.--
22 (1) ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS
23 INVOLVING DISPUTED ISSUES OF MATERIAL FACT.--
24 (k) The presiding officer shall complete and submit to
25 the agency and all parties a recommended order consisting of
26 findings of fact, conclusions of law, and recommended
27 disposition or penalty, if applicable, and any other
28 information required by law to be contained in the final
29 order. All proceedings conducted under pursuant to this
30 subsection shall be de novo. The agency shall allow each party
31 15 days in which to submit written exceptions to the
1
6:11 PM 03/29/05 s1010c1c-ju27-t4d
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 1010
Barcode 610794
1 recommended order. The final order shall include an explicit
2 ruling on each exception, but an agency need not rule on an
3 exception that does not clearly identify the disputed portion
4 of the recommended order by page number or paragraph, that
5 does not identify the legal basis for the exception, or that
6 does not include appropriate and specific citations to the
7 record.
8 (m) If a recommended order is submitted to an agency,
9 the agency shall provide a copy of its final order and any
10 exceptions to the division within 15 days after the order is
11 filed with the agency clerk. In these cases, the final order
12 does not become effective until it is provided to the
13 division.
14
15
16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 1, line 26, after the semicolon,
19
20 insert:
21 requiring a final order to include an explicit
22 ruling on each exception to the recommended
23 order; providing when certain orders become
24 effective;
25
26
27
28
29
30
31
2
6:11 PM 03/29/05 s1010c1c-ju27-t4d