Senate Bill sb1196

    Florida Senate - 2005                                  SB 1196

    By Senator Posey





    24-1182-05                                          See HB 465

  1                      A bill to be entitled

  2         An act relating to the Agency Rules Reform Act

  3         of 2005; providing a popular name; amending s.

  4         120.536, F.S.; providing for legislative review

  5         of proposed agency rules; providing that an

  6         agency may adopt only rules that have been

  7         reviewed and approved by the Legislature;

  8         providing an effective date.

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

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12         Section 1.  This act may be cited as the "Agency Rules

13  Reform Act of 2005."

14         Section 2.  Subsection (1) of section 120.536, Florida

15  Statutes, is amended to read:

16         120.536  Rulemaking authority; listing of rules

17  exceeding authority; repeal; challenge.--

18         (1)  A grant of rulemaking authority is necessary but

19  not sufficient to allow an agency to adopt a rule; a specific

20  law to be implemented is also required. An agency may adopt

21  only rules that implement or interpret the specific powers and

22  duties granted by the enabling statute. No agency shall have

23  authority to adopt a rule only because it is reasonably

24  related to the purpose of the enabling legislation and is not

25  arbitrary and capricious or is within the agency's class of

26  powers and duties, nor shall an agency have the authority to

27  implement statutory provisions setting forth general

28  legislative intent or policy. Statutory language granting

29  rulemaking authority or generally describing the powers and

30  functions of an agency shall be construed to extend no further

31  than implementing or interpreting the specific powers and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1196
    24-1182-05                                          See HB 465




 1  duties conferred by the same statute. Each rule proposed by an

 2  agency shall be referred to the Legislature for review. An

 3  agency may adopt only rules that have been reviewed and

 4  approved by the Legislature.

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

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CODING: Words stricken are deletions; words underlined are additions.