Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1594
                        Barcode 712638
                            CHAMBER ACTION
              Senate                               House
 1           Comm: RE              .                    
       04/23/2007 04:25 PM         .                    
 2                                 .                    
 3                                 .                    
 4  ______________________________________________________________
10  ______________________________________________________________
11  The Committee on Judiciary (Gaetz) recommended the following
12  amendment to amendment (841926):
14         Senate Amendment (with title amendment) 
15         On page 3, line 29, through
16            page 7, line 27, delete those lines
18  and insert:  
19         Section 3.  Paragraph (i) of subsection (1), paragraphs
20  (a), (c), and (e) of subsection (3), and paragraph (a) of
21  subsection (4) of section 120.54, Florida Statutes, are
22  amended, and paragraph (k) is added to subsection (1) of that
23  section, to read:
24         120.54  Rulemaking.--
27         (i)1.  A rule may incorporate material by reference but
28  only as the material exists on the date the rule is adopted.
29  For purposes of the rule, changes in the material are not
30  effective unless the rule is amended to incorporate the
31  changes. Material incorporated by reference in a rule may not
    4:41 PM   04/20/07                             s1594c-ju04-b99

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 712638 1 incorporate additional material by reference unless the rule 2 specifically identifies the additional material. 3 2. An agency rule that incorporates by specific 4 reference another rule of that agency automatically 5 incorporates subsequent amendments to the referenced rule, 6 unless a contrary intent is clearly indicated in the 7 referencing rule. Any notice of amendments to a rule that has 8 been incorporated by specific reference in other rules of that 9 agency must explain the effect of the amendments on the 10 referencing rules. 11 3. In rules adopted after December 31, 2009, material 12 may not be incorporated by reference unless: 13 a. The material has been submitted in the prescribed 14 electronic format to the Department of State and can be made 15 available for free public access through an electronic 16 hyperlink from the rule in the Florida Administrative Code 17 making the reference; or 18 b. The agency has determined that posting the material 19 on the Internet for purposes of public examination and 20 inspection would constitute a violation of federal copyright 21 law, in which case a statement to that effect, along with the 22 address of locations at the Department of State and the agency 23 at which the material is available for public examination and 24 inspection, is included in the notice required by subparagraph 25 (3)(a)1. 26 4. A rule may not be amended by reference only. 27 Amendments must set out the amended rule in full in the same 28 manner as required by the State Constitution for laws. The 29 Department of State may prescribe by rule requirements for 30 incorporating materials by reference pursuant to this 31 paragraph. 2 4:41 PM 04/20/07 s1594c-ju04-b99
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 712638 1 5.2. Notwithstanding any contrary provision in this 2 section, when an adopted rule of the Department of 3 Environmental Protection or a water management district is 4 incorporated by reference in the other agency's rule to 5 implement a provision of part IV of chapter 373, subsequent 6 amendments to the rule are not effective as to the 7 incorporating rule unless the agency incorporating by 8 reference notifies the committee and the Department of State 9 of its intent to adopt the subsequent amendment, publishes 10 notice of such intent in the Florida Administrative Weekly, 11 and files with the Department of State a copy of the amended 12 rule incorporated by reference. Changes in the rule 13 incorporated by reference are effective as to the other agency 14 20 days after the date of the published notice and filing with 15 the Department of State. The Department of State shall amend 16 the history note of the incorporating rule to show the 17 effective date of such change. Any substantially affected 18 person may, within 14 days after the date of publication of 19 the notice of intent in the Florida Administrative Weekly, 20 file an objection to rulemaking with the agency. The objection 21 shall specify the portions of the rule incorporated by 22 reference to which the person objects and the reasons for the 23 objection. The agency does shall not have the authority under 24 this subparagraph to adopt those portions of the rule 25 specified in such objection. The agency shall publish notice 26 of the objection and of its action in response in the next 27 available issue of the Florida Administrative Weekly. 28 6. The Department of State may prescribe by rule 29 requirements for incorporating materials pursuant to this 30 paragraph. 31 (k) Rulemaking responsibilities of an agency head 3 4:41 PM 04/20/07 s1594c-ju04-b99
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 712638 1 under subparagraph (3)(a)1., subparagraph (3)(e)1., or 2 subparagraph (3)(e)6. may not be delegated or transferred. 3 (3) ADOPTION PROCEDURES.-- 4 (a) Notices.-- 5 1. Prior to the adoption, amendment, or repeal of any 6 rule other than an emergency rule, an agency, upon approval of 7 the agency head, shall give notice of its intended action, 8 setting forth a short, plain explanation of the purpose and 9 effect of the proposed action; the full text of the proposed 10 rule or amendment and a summary thereof; a reference to the 11 grant of specific rulemaking authority pursuant to which the 12 rule is adopted; and a reference to the section or subsection 13 of the Florida Statutes or the Laws of Florida being 14 implemented or, interpreted, or made specific. The notice must 15 shall include a summary of the agency's statement of the 16 estimated regulatory costs, if one has been prepared, based on 17 the factors set forth in s. 120.541(2), and a statement that 18 any person who wishes to provide the agency with information 19 regarding the statement of estimated regulatory costs, or to 20 provide a proposal for a lower cost regulatory alternative as 21 provided by s. 120.541(1), must do so in writing within 21 22 days after publication of the notice. The notice must state 23 the procedure for requesting a public hearing on the proposed 24 rule. Except when the intended action is the repeal of a rule, 25 the notice must shall include a reference both to the date on 26 which and to the place where the notice of rule development 27 that is required by subsection (2) appeared. 28 2. The notice shall be published in the Florida 29 Administrative Weekly not less than 28 days prior to the 30 intended action. The proposed rule shall be available for 31 inspection and copying by the public at the time of the 4 4:41 PM 04/20/07 s1594c-ju04-b99
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 712638 1 publication of notice. 2 3. The notice shall be mailed to all persons named in 3 the proposed rule and to all persons who, at least 14 days 4 prior to such mailing, have made requests of the agency for 5 advance notice of its proceedings. The agency shall also give 6 such notice as is prescribed by rule to those particular 7 classes of persons to whom the intended action is directed. 8 4. The adopting agency shall file with the committee, 9 at least 21 days prior to the proposed adoption date, a copy 10 of each rule it proposes to adopt; a copy of any material 11 incorporated by reference in the rule; a detailed written 12 statement of the facts and circumstances justifying the 13 proposed rule; a copy of any statement of estimated regulatory 14 costs that has been prepared pursuant to s. 120.541; a 15 statement of the extent to which the proposed rule relates to 16 federal standards or rules on the same subject; and the notice 17 required by subparagraph 1. 18 (c) Hearings.-- 19 1. If the intended action concerns any rule other than 20 one relating exclusively to procedure or practice, the agency 21 shall, on the request of any affected person received within 22 21 days after the date of publication of the notice of 23 intended agency action, give affected persons an opportunity 24 to present evidence and argument on all issues under 25 consideration. The agency may schedule a public hearing on the 26 rule and, if requested by any affected person, shall schedule 27 a public hearing on the rule. If the agency head is a board or 28 other collegial body created under s. 20.165(4) or s. 29 20.43(3)(g), the board or other collegial body shall conduct 30 the requested public hearing itself and may not delegate this 31 responsibility without the consent of the persons requesting 5 4:41 PM 04/20/07 s1594c-ju04-b99
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 712638 1 the public hearing. Any material pertinent to the issues under 2 consideration submitted to the agency within 21 days after the 3 date of publication of the notice or submitted at a public 4 hearing shall be considered by the agency and made a part of 5 the record of the rulemaking proceeding. 6 2. Rulemaking proceedings shall be governed solely by 7 the provisions of this section unless a person timely asserts 8 that the person's substantial interests will be affected in 9 the proceeding and affirmatively demonstrates to the agency 10 that the proceeding does not provide adequate opportunity to 11 protect those interests. If the agency determines that the 12 rulemaking proceeding is not adequate to protect the person's 13 interests, it shall suspend the rulemaking proceeding and 14 convene a separate proceeding under the provisions of ss. 15 120.569 and 120.57. Similarly situated persons may be 16 requested to join and participate in the separate proceeding. 17 Upon conclusion of the separate proceeding, the rulemaking 18 proceeding shall be resumed. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 On page 18, line 10, following the word "head" 24 25 insert: 26 , including those relating to conducting a 27 public hearing, 28 29 30 31 6 4:41 PM 04/20/07 s1594c-ju04-b99