| 1 | A bill to be entitled |
| 2 | An act relating to the Agency Rules Reform Act of 2005; |
| 3 | providing a popular name; amending s. 120.536, F.S.; |
| 4 | providing for legislative review of proposed agency rules; |
| 5 | providing that an agency may adopt only rules that have |
| 6 | been reviewed and approved by the Legislature; providing |
| 7 | an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
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| 11 | Section 1. This act may be cited as the "Agency Rules |
| 12 | Reform Act of 2005." |
| 13 | Section 2. Subsection (1) of section 120.536, Florida |
| 14 | Statutes, is amended to read: |
| 15 | 120.536 Rulemaking authority; listing of rules exceeding |
| 16 | authority; repeal; challenge.-- |
| 17 | (1) A grant of rulemaking authority is necessary but not |
| 18 | sufficient to allow an agency to adopt a rule; a specific law to |
| 19 | be implemented is also required. An agency may adopt only rules |
| 20 | that implement or interpret the specific powers and duties |
| 21 | granted by the enabling statute. No agency shall have authority |
| 22 | to adopt a rule only because it is reasonably related to the |
| 23 | purpose of the enabling legislation and is not arbitrary and |
| 24 | capricious or is within the agency's class of powers and duties, |
| 25 | nor shall an agency have the authority to implement statutory |
| 26 | provisions setting forth general legislative intent or policy. |
| 27 | Statutory language granting rulemaking authority or generally |
| 28 | describing the powers and functions of an agency shall be |
| 29 | construed to extend no further than implementing or interpreting |
| 30 | the specific powers and duties conferred by the same statute. |
| 31 | Each rule proposed by an agency shall be referred to the |
| 32 | Legislature for review. An agency may adopt only rules that have |
| 33 | been reviewed and approved by the Legislature. |
| 34 | Section 3. This act shall take effect upon becoming a law. |