Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1594
                        Barcode 841926
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Judiciary (Gaetz) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (8) of section 120.52, Florida
19  Statutes, is amended, present subsections (9) through (15) of
20  that section are renumbered as subsections (10) through (16),
21  respectively, present subsections (16) through (19) of that
22  section are renumbered  as subsections (18) through (21),
23  respectively, and new subsections (9) and (17) are added to
24  that section, to read:
25         120.52  Definitions.--As used in this act:
26         (8)  "Invalid exercise of delegated legislative
27  authority" means action that which goes beyond the powers,
28  functions, and duties delegated by the Legislature. A proposed
29  or existing rule is an invalid exercise of delegated
30  legislative authority if any one of the following applies:
31         (a)  The agency has materially failed to follow the
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 applicable rulemaking procedures or requirements set forth in 2 this chapter; 3 (b) The agency has exceeded its grant of rulemaking 4 authority, citation to which is required by s. 120.54(3)(a)1.; 5 (c) The rule enlarges, modifies, or contravenes the 6 specific provisions of law implemented, citation to which is 7 required by s. 120.54(3)(a)1.; 8 (d) The rule is vague, fails to establish adequate 9 standards for agency decisions, or vests unbridled discretion 10 in the agency; 11 (e) The rule is arbitrary or capricious. A rule is 12 arbitrary if it is not supported by logic or the necessary 13 facts; a rule is capricious if it is adopted without thought 14 or reason or is irrational; or 15 (f) The rule imposes regulatory costs on the regulated 16 person, county, or city which could be reduced by the adoption 17 of less costly alternatives that substantially accomplish the 18 statutory objectives. 19 20 A grant of rulemaking authority is necessary but not 21 sufficient to allow an agency to adopt a rule; a specific law 22 to be implemented is also required. An agency may adopt only 23 rules that implement or interpret the specific powers and 24 duties granted by the enabling statute. No agency shall have 25 authority to adopt a rule only because it is reasonably 26 related to the purpose of the enabling legislation and is not 27 arbitrary and capricious or is within the agency's class of 28 powers and duties, nor shall an agency have the authority to 29 implement statutory provisions setting forth general 30 legislative intent or policy. Statutory language granting 31 rulemaking authority or generally describing the powers and 2 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 functions of an agency shall be construed to extend no further 2 than implementing or interpreting the specific powers and 3 duties conferred by the same statute. 4 (9) "Law implemented" means the statutory language 5 being carried out or interpreted by an agency through 6 rulemaking. 7 (17) "Rulemaking authority" means statutory language 8 that explicitly authorizes or requires an agency to adopt, 9 develop, establish, or otherwise create any statement coming 10 within the definition of "rule." 11 Section 2. Subsection (1) of section 120.536, Florida 12 Statutes, is amended to read: 13 120.536 Rulemaking authority; repeal; challenge.-- 14 (1) A grant of rulemaking authority is necessary but 15 not sufficient to allow an agency to adopt a rule; a specific 16 law to be implemented is also required. An agency may adopt 17 only rules that implement or interpret the specific powers and 18 duties granted by the enabling statute. No agency shall have 19 authority to adopt a rule only because it is reasonably 20 related to the purpose of the enabling legislation and is not 21 arbitrary and capricious or is within the agency's class of 22 powers and duties, nor shall an agency have the authority to 23 implement statutory provisions setting forth general 24 legislative intent or policy. Statutory language granting 25 rulemaking authority or generally describing the powers and 26 functions of an agency shall be construed to extend no further 27 than implementing or interpreting the specific powers and 28 duties conferred by the same statute. 29 Section 3. Paragraph (i) of subsection (1), paragraphs 30 (a) and (e) of subsection (3), and paragraph (a) of subsection 31 (4) of section 120.54, Florida Statutes, are amended, and 3 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 paragraph (k) is added to subsection (1) of that section, to 2 read: 3 120.54 Rulemaking.-- 4 (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER 5 THAN EMERGENCY RULES.-- 6 (i)1. A rule may incorporate material by reference but 7 only as the material exists on the date the rule is adopted. 8 For purposes of the rule, changes in the material are not 9 effective unless the rule is amended to incorporate the 10 changes. Material incorporated by reference in a rule may not 11 incorporate additional material by reference unless the rule 12 specifically identifies the additional material. 13 2. An agency rule that incorporates by specific 14 reference another rule of that agency automatically 15 incorporates subsequent amendments to the referenced rule, 16 unless a contrary intent is clearly indicated in the 17 referencing rule. Any notice of amendments to a rule that has 18 been incorporated by specific reference in other rules of that 19 agency must explain the effect of the amendments on the 20 referencing rules. 21 3. In rules adopted after December 31, 2009, material 22 may not be incorporated by reference unless: 23 a. The material has been submitted in the prescribed 24 electronic format to the Department of State and can be made 25 available for free public access through an electronic 26 hyperlink from the rule in the Florida Administrative Code 27 making the reference; or 28 b. The agency has determined that posting the material 29 on the Internet for purposes of public examination and 30 inspection would constitute a violation of federal copyright 31 law, in which case a statement to that effect, along with the 4 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 address of locations at the Department of State and the agency 2 at which the material is available for public examination and 3 inspection, is included in the notice required by subparagraph 4 (3)(a)1. 5 4. A rule may not be amended by reference only. 6 Amendments must set out the amended rule in full in the same 7 manner as required by the State Constitution for laws. The 8 Department of State may prescribe by rule requirements for 9 incorporating materials by reference pursuant to this 10 paragraph. 11 5.2. Notwithstanding any contrary provision in this 12 section, when an adopted rule of the Department of 13 Environmental Protection or a water management district is 14 incorporated by reference in the other agency's rule to 15 implement a provision of part IV of chapter 373, subsequent 16 amendments to the rule are not effective as to the 17 incorporating rule unless the agency incorporating by 18 reference notifies the committee and the Department of State 19 of its intent to adopt the subsequent amendment, publishes 20 notice of such intent in the Florida Administrative Weekly, 21 and files with the Department of State a copy of the amended 22 rule incorporated by reference. Changes in the rule 23 incorporated by reference are effective as to the other agency 24 20 days after the date of the published notice and filing with 25 the Department of State. The Department of State shall amend 26 the history note of the incorporating rule to show the 27 effective date of such change. Any substantially affected 28 person may, within 14 days after the date of publication of 29 the notice of intent in the Florida Administrative Weekly, 30 file an objection to rulemaking with the agency. The objection 31 shall specify the portions of the rule incorporated by 5 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 reference to which the person objects and the reasons for the 2 objection. The agency does shall not have the authority under 3 this subparagraph to adopt those portions of the rule 4 specified in such objection. The agency shall publish notice 5 of the objection and of its action in response in the next 6 available issue of the Florida Administrative Weekly. 7 6. The Department of State may prescribe by rule 8 requirements for incorporating materials pursuant to this 9 paragraph. 10 (k) Rulemaking responsibilities of an agency head 11 under subparagraph (3)(a)1., subparagraph (3)(e)1., or 12 subparagraph (3)(e)6. may not be delegated or transferred. 13 (3) ADOPTION PROCEDURES.-- 14 (a) Notices.-- 15 1. Prior to the adoption, amendment, or repeal of any 16 rule other than an emergency rule, an agency, upon approval of 17 the agency head, shall give notice of its intended action, 18 setting forth a short, plain explanation of the purpose and 19 effect of the proposed action; the full text of the proposed 20 rule or amendment and a summary thereof; a reference to the 21 grant of specific rulemaking authority pursuant to which the 22 rule is adopted; and a reference to the section or subsection 23 of the Florida Statutes or the Laws of Florida being 24 implemented or, interpreted, or made specific. The notice must 25 shall include a summary of the agency's statement of the 26 estimated regulatory costs, if one has been prepared, based on 27 the factors set forth in s. 120.541(2), and a statement that 28 any person who wishes to provide the agency with information 29 regarding the statement of estimated regulatory costs, or to 30 provide a proposal for a lower cost regulatory alternative as 31 provided by s. 120.541(1), must do so in writing within 21 6 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 days after publication of the notice. The notice must state 2 the procedure for requesting a public hearing on the proposed 3 rule. Except when the intended action is the repeal of a rule, 4 the notice must shall include a reference both to the date on 5 which and to the place where the notice of rule development 6 that is required by subsection (2) appeared. 7 2. The notice shall be published in the Florida 8 Administrative Weekly not less than 28 days prior to the 9 intended action. The proposed rule shall be available for 10 inspection and copying by the public at the time of the 11 publication of notice. 12 3. The notice shall be mailed to all persons named in 13 the proposed rule and to all persons who, at least 14 days 14 prior to such mailing, have made requests of the agency for 15 advance notice of its proceedings. The agency shall also give 16 such notice as is prescribed by rule to those particular 17 classes of persons to whom the intended action is directed. 18 4. The adopting agency shall file with the committee, 19 at least 21 days prior to the proposed adoption date, a copy 20 of each rule it proposes to adopt; a copy of any material 21 incorporated by reference in the rule; a detailed written 22 statement of the facts and circumstances justifying the 23 proposed rule; a copy of any statement of estimated regulatory 24 costs that has been prepared pursuant to s. 120.541; a 25 statement of the extent to which the proposed rule relates to 26 federal standards or rules on the same subject; and the notice 27 required by subparagraph 1. 28 (e) Filing for final adoption; effective date.-- 29 1. If the adopting agency is required to publish its 30 rules in the Florida Administrative Code, the agency, upon 31 approval of the agency head, it shall file with the Department 7 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 of State three certified copies of the rule it proposes to 2 adopt;, one copy of any material incorporated by reference in 3 the rule, certified by the agency; a summary of the rule;, a 4 summary of any hearings held on the rule;, and a detailed 5 written statement of the facts and circumstances justifying 6 the rule. Agencies not required to publish their rules in the 7 Florida Administrative Code shall file one certified copy of 8 the proposed rule, and the other material required by this 9 subparagraph, in the office of the agency head, and such rules 10 shall be open to the public. 11 2. A rule may not be filed for adoption less than 28 12 days or more than 90 days after the notice required by 13 paragraph (a), until 21 days after the notice of change 14 required by paragraph (d), until 14 days after the final 15 public hearing, until 21 days after preparation of a statement 16 of estimated regulatory costs required under s. 120.541, or 17 until the administrative law judge has rendered a decision 18 under s. 120.56(2), whichever applies. When a required notice 19 of change is published prior to the expiration of the time to 20 file the rule for adoption, the period during which a rule 21 must be filed for adoption is extended to 45 days after the 22 date of publication. If notice of a public hearing is 23 published prior to the expiration of the time to file the rule 24 for adoption, the period during which a rule must be filed for 25 adoption is extended to 45 days after adjournment of the final 26 hearing on the rule, 21 days after receipt of all material 27 authorized to be submitted at the hearing, or 21 days after 28 receipt of the transcript, if one is made, whichever is 29 latest. The term "public hearing" includes any public meeting 30 held by any agency at which the rule is considered. If a 31 petition for an administrative determination under s. 8 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 120.56(2) is filed, the period during which a rule must be 2 filed for adoption is extended to 60 days after the 3 administrative law judge files the final order with the clerk 4 or until 60 days after subsequent judicial review is complete. 5 3. At the time a rule is filed, the agency shall 6 certify that the time limitations prescribed by this paragraph 7 have been complied with, that all statutory rulemaking 8 requirements have been met, and that there is no 9 administrative determination pending on the rule. 10 4. At the time a rule is filed, the committee shall 11 certify whether the agency has responded in writing to all 12 material and timely written comments or written inquiries made 13 on behalf of the committee. The department shall reject any 14 rule not filed within the prescribed time limits; that does 15 not comply with satisfy all statutory rulemaking requirements 16 and rules of the department; upon which an agency has not 17 responded in writing to all material and timely written 18 inquiries or written comments; upon which an administrative 19 determination is pending; or which does not include a 20 statement of estimated regulatory costs, if required. 21 5. If a rule has not been adopted within the time 22 limits imposed by this paragraph or has not been adopted in 23 compliance with all statutory rulemaking requirements, the 24 agency proposing the rule shall withdraw the rule and give 25 notice of its action in the next available issue of the 26 Florida Administrative Weekly. 27 6. The proposed rule shall be adopted on being filed 28 with the Department of State and become effective 20 days 29 after being filed, on a later date specified in the rule, or 30 on a date required by statute. Rules not required to be filed 31 with the Department of State shall become effective when 9 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 adopted by the agency head or on a later date specified by 2 rule or statute. If the committee notifies an agency that an 3 objection to a rule is being considered, the agency may 4 postpone the adoption of the rule to accommodate review of the 5 rule by the committee. When an agency postpones adoption of a 6 rule to accommodate review by the committee, the 90-day period 7 for filing the rule is tolled until the committee notifies the 8 agency that it has completed its review of the rule. 9 10 For the purposes of this paragraph, the term "administrative 11 determination" does not include subsequent judicial review. 12 (4) EMERGENCY RULES.-- 13 (a) If an agency finds that an immediate danger to the 14 public health, safety, or welfare requires emergency action, 15 the agency may adopt any rule necessitated by the immediate 16 danger. The agency may adopt a rule by any procedure which is 17 fair under the circumstances if: 18 1. The procedure provides at least the procedural 19 protection given by other statutes, the State Constitution, or 20 the United States Constitution. 21 2. The agency takes only that action necessary to 22 protect the public interest under the emergency procedure. 23 3. The agency publishes in writing at the time of, or 24 prior to, its action the specific facts and reasons for 25 finding an immediate danger to the public health, safety, or 26 welfare and its reasons for concluding that the procedure used 27 is fair under the circumstances. In any event, notice of 28 emergency rules, other than those of educational units or 29 units of government with jurisdiction in only one or a part of 30 one county, including the full text of the rules, shall be 31 published in the first available issue of the Florida 10 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 Administrative Weekly and provided to the committee along with 2 any material incorporated by reference in the rules. The 3 agency's findings of immediate danger, necessity, and 4 procedural fairness shall be judicially reviewable. 5 Section 4. Subsection (2) of section 120.545, Florida 6 Statutes, is amended to read: 7 120.545 Committee review of agency rules.-- 8 (2) The committee may request from an agency such 9 information as is reasonably necessary for examination of a 10 rule as required by subsection (1) or for examination of an 11 unadopted agency statement. The committee shall consult with 12 legislative standing committees having with jurisdiction over 13 the subject areas. If the committee objects to an emergency 14 rule or a proposed or existing rule, it shall, within 5 days 15 after of the objection, certify that fact to the agency whose 16 rule has been examined and include with the certification a 17 statement detailing its objections with particularity. The 18 committee shall notify the Speaker of the House of 19 Representatives and the President of the Senate of any 20 objection to an agency rule concurrent with certification of 21 that fact to the agency. Such notice must shall include a 22 copy of the rule and the statement detailing the committee's 23 objections to the rule. 24 Section 5. Paragraph (c) of subsection (1) and 25 subsection (3) of section 120.55, Florida Statutes, are 26 amended to read: 27 120.55 Publication.-- 28 (1) The Department of State shall: 29 (c) Prescribe by rule the style, and form and content 30 requirements required for rules, notices, and other materials 31 submitted for filing and establish the form for their 11 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 certification. 2 (3) Any publication of a proposed rule promulgated by 3 an agency, whether published in the Florida Administrative 4 Code or elsewhere, shall include, along with the rule, the 5 name of the person or persons originating such rule, the name 6 of the agency head supervisor or person who approved the rule, 7 and the date upon which the rule was approved. 8 Section 6. Effective December 31, 2007, paragraph (d) 9 of subsection (1) and subsections (2) and (5) of section 10 120.55, Florida Statutes, as amended by section 4 of chapter 11 2006-82, Laws of Florida, are amended to read: 12 120.55 Publication.-- 13 (1) The Department of State shall: 14 (d) Prescribe by rule the style, and form, and content 15 requirements required for rules, notices, and other materials 16 submitted for filing and establish the form for their 17 certification. 18 (2) The Florida Administrative Weekly Internet website 19 must allow users to: 20 (a) Search for notices by type, publication date, rule 21 number, word, subject, and agency; 22 (b) Search a database that makes available all notices 23 published on the website for a period of at least 5 years; 24 (c) Subscribe to an automated e-mail notification of 25 selected notices to be sent out prior to or concurrently with 26 weekly publication of the printed and electronic Florida 27 Administrative Weekly. Such notification must include in the 28 text of the e-mail a summary of the content of each notice; 29 (d) View agency forms and other materials that have 30 been submitted to the department in electronic form and that 31 are being incorporated by reference in proposed rules; and 12 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 (e) Comment on proposed rules. 2 (5) Any publication of a proposed rule promulgated by 3 an agency, whether published in the Florida Administrative 4 Code or elsewhere, shall include, along with the rule, the 5 name of the person or persons originating such rule, the name 6 of the agency head supervisor or person who approved the rule, 7 and the date upon which the rule was approved. 8 Section 7. Effective December 31, 2008, paragraph (a) 9 of subsection (1) of section 120.55, Florida Statutes, as 10 amended by section 4 of chapter 2006-82, Laws of Florida, and 11 by this act, is amended to read: 12 120.55 Publication.-- 13 (1) The Department of State shall: 14 (a) 1. Through a continuous revision system, compile 15 and publish electronically the "Florida Administrative Code." 16 on an Internet website managed by the department. The Florida 17 Administrative Code shall contain all rules adopted by each 18 agency, citing the grant of specific rulemaking authority and 19 the specific law implemented pursuant to which each rule was 20 adopted, all history notes as authorized in s. 120.545(9), and 21 complete indexes to all rules contained in the code, and any 22 other material required or authorized by law or deemed useful 23 by the department. The electronic code shall display each rule 24 chapter currently in effect in browse mode and allow full text 25 search of the code and each rule chapter. Supplementation 26 shall be made as often as practicable, but at least monthly. 27 The department shall publish a printed version of the Florida 28 Administrative Code and may contract with a publishing firm 29 for such printed the publication, in a timely and useful form, 30 of the Florida Administrative Code; however, the department 31 shall retain responsibility for the code as provided in this 13 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 section. Supplementation of the printed code shall be made as 2 often as practicable, but at least monthly. The printed This 3 publication shall be the official compilation of the 4 administrative rules of this state. The Department of State 5 shall retain the copyright over the Florida Administrative 6 Code. 7 2. Rules general in form but applicable to only one 8 school district, community college district, or county, or a 9 part thereof, or state university rules relating to internal 10 personnel or business and finance shall not be published in 11 the Florida Administrative Code. Exclusion from publication in 12 the Florida Administrative Code shall not affect the validity 13 or effectiveness of such rules. 14 3. At the beginning of the section of the code dealing 15 with an agency that files copies of its rules with the 16 department, the department shall publish the address and 17 telephone number of the executive offices of each agency, the 18 manner by which the agency indexes its rules, a listing of all 19 rules of that agency excluded from publication in the code, 20 and a statement as to where those rules may be inspected. 21 4. Forms shall not be published in the Florida 22 Administrative Code; but any form which an agency uses in its 23 dealings with the public, along with any accompanying 24 instructions, shall be filed with the committee before it is 25 used. Any form or instruction which meets the definition of 26 "rule" provided in s. 120.52 shall be incorporated by 27 reference into the appropriate rule. The reference shall 28 specifically state that the form is being incorporated by 29 reference and shall include the number, title, and effective 30 date of the form and an explanation of how the form may be 31 obtained. Each form created by an agency which is incorporated 14 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 by reference in a rule notice of which is given under s. 2 120.54(3)(a) after December 31, 2007, must clearly display the 3 number, title, and effective date of the form and the number 4 of the rule in which the form is incorporated. 5 5. The department shall allow material incorporated by 6 reference to be filed in electronic form as prescribed by 7 department rule. When a rule is filed for adoption with 8 incorporated material in electronic form, the department's 9 publication of the Florida Administrative Code on its Internet 10 website must contain a hyperlink from the incorporating 11 reference in the rule directly to that material. The 12 department may not allow hyperlinks from rules in the Florida 13 Administrative Code to any material other than that filed with 14 and maintained by the department, but it may allow additional 15 hyperlinks to incorporated material maintained by the 16 department from the adopting agency's website or other sites. 17 Section 8. Subsection (1) and paragraph (c) of 18 subsection (2) of section 120.569, Florida Statutes, are 19 amended to read: 20 120.569 Decisions which affect substantial 21 interests.-- 22 (1) The provisions of this section apply in all 23 proceedings in which the substantial interests of a party are 24 determined by an agency, unless the parties are proceeding 25 under s. 120.573 or s. 120.574. Unless waived by all parties, 26 s. 120.57(1) applies whenever the proceeding involves a 27 disputed issue of material fact. Unless otherwise agreed, s. 28 120.57(2) applies in all other cases. If a disputed issue of 29 material fact arises during a proceeding under s. 120.57(2), 30 unless waived by all parties, the proceeding under s. 31 120.57(2) shall be terminated and a proceeding under s. 15 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 120.57(1) shall be conducted. Parties shall be notified of any 2 order, including a final order. Unless waived, a copy of the 3 order shall be delivered or mailed to each party or the 4 party's attorney of record at the address of record. Each 5 notice shall inform the recipient of any administrative 6 hearing or judicial review that is available under this 7 section, s. 120.57, or s. 120.68; shall indicate the procedure 8 which must be followed to obtain the hearing or judicial 9 review; and shall state the time limits which apply. 10 (2) 11 (c) Unless otherwise provided by law, a petition or 12 request for hearing shall include those items required by the 13 uniform rules adopted pursuant to s. 120.54(5)(b) s. 14 120.54(5)(b)4. Upon the receipt of a petition or request for 15 hearing, the agency shall carefully review the petition to 16 determine if it contains all of the required information. A 17 petition shall be dismissed if it is not in substantial 18 compliance with these requirements or it has been untimely 19 filed. Dismissal of a petition shall, at least once, be 20 without prejudice to petitioner's filing a timely amended 21 petition curing the defect, unless it conclusively appears 22 from the face of the petition that the defect cannot be cured. 23 The agency shall promptly give written notice to all parties 24 of the action taken on the petition, shall state with 25 particularity its reasons if the petition is not granted, and 26 shall state the deadline for filing an amended petition if 27 applicable. This paragraph does not eliminate the availability 28 of equitable tolling as a defense to the untimely filing of a 29 petition. 30 Section 9. Subsection (2) of section 120.74, Florida 31 Statutes, is amended to read: 16 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 120.74 Agency review, revision, and report.-- 2 (2) Beginning October 1, 1997, and by October 1 of 3 every other year thereafter, the head of each agency shall 4 file a report with the President of the Senate, the Speaker of 5 the House of Representatives, and the committee, with a copy 6 to each appropriate standing committee of the Legislature, 7 which certifies that the agency has complied with the 8 requirements of this section subsection. The report must 9 specify any changes made to its rules as a result of the 10 review and, when appropriate, recommend statutory changes that 11 will promote efficiency, reduce paperwork, or decrease costs 12 to government and the private sector. The report must identify 13 the types of cases or disputes in which the agency is involved 14 which should be conducted under the summary hearing process 15 described in s. 120.574. 16 Section 10. Except as otherwise expressly provided in 17 this act, this act shall take effect July 1, 2007. 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 Delete everything before the enacting clause 23 24 and insert: 25 A bill to be entitled 26 An act relating to rules and rulemaking; 27 amending s. 120.52, F.S.; redefining the term 28 "invalid exercise of delegated legislative 29 authority"; defining the terms "law 30 implemented" and "rulemaking authority"; 31 amending s. 120.536, F.S.; revising guidelines 17 4:24 PM 04/05/07 s1594d-ju04-bz1
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 841926 1 for the construction of statutory language 2 granting rulemaking authority; amending s. 3 120.54, F.S.; prescribing limits and guidelines 4 with respect to incorporation of material by 5 reference; prescribing requirements for 6 materials being incorporated by reference; 7 providing for rules; revising information to be 8 included in notices of proposed actions; 9 requiring that specified rulemaking 10 responsibilities of an agency head may not be 11 delegated or transferred; amending s. 120.545, 12 F.S.; authorizing the Administrative Procedures 13 Committee to request from agencies information 14 to examine unadopted agency statements; 15 amending s. 120.55, F.S.; requiring electronic 16 publication of the Florida Administrative Code; 17 prescribing requirements with respect to 18 content of such electronic publication; 19 providing for filing information incorporated 20 by reference in electronic form; amending s. 21 120.569, F.S.; requiring that certain 22 administrative proceedings be terminated and 23 subsequently reinstated under different 24 provisions of state law if a disputed issue of 25 material fact arises during such a proceeding; 26 providing for the waiver of such termination; 27 revising a cross-reference; amending s. 120.74, 28 F.S.; revising reporting requirements for 29 agency heads; providing effective dates. 30 31 18 4:24 PM 04/05/07 s1594d-ju04-bz1