Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1196
Barcode 522488
CHAMBER ACTION
Senate House
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11 The Committee on Governmental Oversight and Productivity
12 (Sebesta) recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Paragraphs (d) through (m) of subsection
19 (2) of section 11.60, Florida Statutes, are redesignated as
20 paragraphs (e) through (n), respectively, a new paragraph (d)
21 is added to said subsection, and subsection (4) of said
22 section is amended, to read:
23 11.60 Administrative Procedures Committee; creation;
24 membership; powers; duties.--
25 (2) The committee shall:
26 (d) Consider the comments submitted by interested
27 persons in its review of agency rules. The committee shall act
28 as an ombudsman to Florida citizens regarding agency rules.
29 (4) The committee shall undertake and maintain a
30 systematic and continuous review of statutes that authorize
31 agencies to adopt rules and shall make recommendations to the
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1196
Barcode 522488
1 appropriate standing committees of the Senate and the House of
2 Representatives as to the advisability of considering changes
3 to the delegated legislative authority to adopt rules in
4 specific circumstances. The annual report submitted pursuant
5 to paragraph (2)(g)(f) shall include a schedule for the
6 required systematic review of existing statutes, a summary of
7 the status of this review, and any recommendations provided to
8 the standing committees during the preceding year.
9 Section 2. Subsections (5), (8), and (9) of section
10 120.542, Florida Statutes, are amended to read:
11 120.542 Variances and waivers.--
12 (5) A person who is subject to regulation by an agency
13 rule may file a petition with that agency, with a copy to the
14 committee, requesting a variance or waiver from the agency's
15 rule. Upon receipt of the petition, the agency shall provide a
16 copy to the committee. In addition to any requirements
17 mandated by the uniform rules, each petition shall specify:
18 (a) The rule from which a variance or waiver is
19 requested.
20 (b) The type of action requested.
21 (c) The specific facts that would justify a waiver or
22 variance for the petitioner.
23 (d) The reason why the variance or the waiver
24 requested would serve the purposes of the underlying statute.
25 (8) An agency shall grant or deny a petition for
26 variance or waiver within 90 days after receipt of the
27 original petition, the last item of timely requested
28 additional material, or the petitioner's written request to
29 finish processing the petition. A petition not granted or
30 denied within 90 days after receipt of a completed petition is
31 deemed approved. Upon rendition, a copy of the order granting
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1196
Barcode 522488
1 or denying the petition shall be filed with the committee and
2 shall contain a statement of the relevant facts and reasons
3 supporting the agency's action. The agency shall provide
4 notice of the disposition of the petition to the Department of
5 State, which shall publish the notice in the next available
6 issue of the Florida Administrative Weekly. The notice shall
7 contain the name of the petitioner, the date the petition was
8 filed, the rule number and nature of the rule from which the
9 waiver or variance is sought, a reference to the place and
10 date of publication of the notice of the petition, the date of
11 the order denying or approving the variance or waiver, the
12 general basis for the agency decision, and an explanation of
13 how a copy of the order can be obtained. The agency's decision
14 to grant or deny the petition shall be supported by competent
15 substantial evidence and is subject to ss. 120.569 and 120.57.
16 Any proceeding pursuant to ss. 120.569 and 120.57 in regard to
17 a variance or waiver shall be limited to the agency action on
18 the request for the variance or waiver, except that a
19 proceeding in regard to a variance or waiver may be
20 consolidated with any other proceeding authorized by this
21 chapter.
22 (9) Each agency shall maintain a record of the type
23 and disposition of each petition, including temporary or
24 emergency variances and waivers, filed pursuant to this
25 section. On October 1 of each year, each agency shall file a
26 report with the Governor, the President of the Senate, and the
27 Speaker of the House of Representatives, and the committee
28 listing the number of petitions filed requesting variances to
29 each agency rule, the number of petitions filed requesting
30 waivers to each agency rule, and the disposition of all
31 petitions. Temporary or emergency variances and waivers, and
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1196
Barcode 522488
1 the reasons for granting or denying temporary or emergency
2 variances and waivers, shall be identified separately from
3 other waivers and variances.
4 Section 3. Subsection (10) of section 120.545, Florida
5 Statutes, is amended to read:
6 120.545 Committee review of agency rules.--
7 (10)(a) If the committee objects to a proposed or
8 existing rule, or portion thereof, and the agency fails to
9 initiate administrative action to modify, amend, withdraw, or
10 repeal the rule consistent with the objection within 60 days
11 after the objection, or thereafter fails to proceed in good
12 faith to complete such action, the committee may submit to the
13 President of the Senate and the Speaker of the House of
14 Representatives a recommendation that legislation be
15 introduced to address the objection. The legislation may
16 include the modification of the proposed rule, the suspension
17 of the rule, the repeal of the rule or portion thereof, or the
18 amendment of legislative authority modify or suspend the
19 adoption of the proposed rule, or amend or repeal the rule, or
20 portion thereof.
21 (b)1. If the committee votes to recommend the
22 introduction of legislation to modify or suspend the adoption
23 of a proposed rule, or amend or repeal a rule, the committee
24 shall, within 5 days after this determination, certify that
25 fact to the agency whose rule or proposed rule has been
26 examined. The committee may request that the agency
27 temporarily suspend the rule or suspend the adoption of the
28 proposed rule, pending consideration of proposed legislation
29 during the next regular session of the Legislature.
30 2. Within 30 days after receipt of the certification,
31 if the agency is headed by an individual, or within 45 days
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1196
Barcode 522488
1 after receipt of the certification, if the agency is headed by
2 a collegial body, the agency shall either:
3 a. Temporarily suspend the rule or suspend the
4 adoption of the proposed rule; or
5 b. Notify the committee in writing that it refuses to
6 temporarily suspend the rule or suspend the adoption of the
7 proposed rule.
8 3. If the agency elects to temporarily suspend the
9 rule or suspend the adoption of the proposed rule, it shall
10 give notice of the suspension in the Florida Administrative
11 Weekly. The rule or the rule adoption process shall be
12 suspended upon publication of the notice. An agency shall not
13 base any agency action on a suspended rule or suspended
14 proposed rule, or portion thereof, prior to expiration of the
15 suspension. A suspended rule or suspended proposed rule, or
16 portion thereof, continues to be subject to administrative
17 determination and judicial review as provided by law.
18 4. Failure of an agency to respond to committee
19 certification within the time prescribed by subparagraph 2.
20 constitutes a refusal to suspend the rule or to suspend the
21 adoption of the proposed rule.
22 (c) The committee shall prepare bills to modify or
23 suspend the adoption of the proposed rule or amend or repeal
24 the rule, or portion thereof, in accordance with the rules of
25 the Senate and the House of Representatives for prefiling and
26 introduction in the next regular session of the Legislature.
27 The proposed bill shall be presented to the President of the
28 Senate and the Speaker of the House of Representatives with
29 the committee recommendation.
30 (d) If a bill to suspend the adoption of a proposed
31 rule is enacted into law, the proposed rule is suspended until
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1196
Barcode 522488
1 specific delegated legislative authority for the proposed rule
2 has been enacted. If a bill to suspend the adoption of a
3 proposed rule fails to become law, any temporary agency
4 suspension of the rule shall expire. If a bill to modify a
5 proposed rule or amend a rule is enacted into law, the
6 suspension shall expire upon publication of notice of
7 modification or amendment in the Florida Administrative
8 Weekly. If a bill to repeal a rule is enacted into law, the
9 suspension shall remain in effect until notification of repeal
10 of the rule is published in the Florida Administrative Weekly.
11 (e) The Department of State shall publish in the next
12 available issue of the Florida Administrative Weekly the final
13 legislative action taken. If a bill to modify or suspend the
14 adoption of the proposed rule or amend or repeal the rule, or
15 portion thereof, is enacted into law, the Department of State
16 shall conform the rule or portion of the rule to the
17 provisions of the law in the Florida Administrative Code and
18 publish a reference to the law as a history note to the rule.
19 Section 4. The Joint Administrative Procedures
20 Committee shall undertake a study of the authority and
21 legislative oversight function of the committee under section
22 11.60 and chapter 120, Florida Statutes. A report including
23 any recommendations for legislation shall be submitted to the
24 President of the Senate and the Speaker of the House of
25 Representatives by January 1, 2006.
26 Section 5. This act shall take effect July 1, 2005.
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29 ================ T I T L E A M E N D M E N T ===============
30 And the title is amended as follows:
31 Delete everything before the enacting clause
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1196
Barcode 522488
1 and insert:
2 A bill to be entitled
3 An act relating to administrative procedures;
4 amending s. 11.60, F.S.; providing an
5 additional duty of the Administrative
6 Procedures Committee; revising the contents of
7 a report by the committee to the Legislature;
8 amending s. 120.542, F.S.; revising procedure
9 with respect to the provision of copies of a
10 petition requesting a variance or waiver from
11 an agency rule and an order granting or denying
12 the petition; including the committee as a
13 recipient of a specified report; amending s.
14 120.545, F.S.; revising provisions with respect
15 to committee recommendations upon objection by
16 the committee to a proposed or existing rule,
17 or portion thereof, and failure by the subject
18 agency to initiate administrative action or to
19 proceed to complete such action; revising
20 provisions with respect to preparation of bills
21 by the committee for introduction in the
22 Legislature; requiring the committee to
23 undertake a study of its authority and
24 legislative oversight function; requiring a
25 report; providing an effective date.
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