HB 7183

A bill to be entitled
2An act relating to rules and rulemaking; amending s.
3120.52, F.S.; redefining the term "invalid exercise of
4delegated legislative authority"; defining the terms "law
5implemented" and "rulemaking authority"; amending s.
6120.536, F.S.; revising guidelines for the construction of
7statutory language granting rulemaking authority; amending
8s. 120.54, F.S.; prescribing limits and guidelines with
9respect to incorporation of material by reference;
10prescribing requirements for materials being incorporated
11by reference; providing for rules; providing that
12specified rulemaking responsibilities of an agency head
13may not be delegated or transferred; revising information
14to be included in notices of proposed actions; amending s.
15120.545, F.S.; authorizing the Administrative Procedures
16Committee to request from agencies information to examine
17unadopted agency statements; amending s. 120.55, F.S.;
18requiring the Department of State to prescribe by rule
19content requirements for rules, notices, and other
20materials submitted for filing; expanding the required
21user capabilities of the Florida Administrative Weekly
22Internet website; requiring electronic publication of the
23Florida Administrative Code; prescribing requirements with
24respect to content of such electronic publication;
25providing for filing information incorporated by reference
26in electronic form; amending s. 120.569, F.S.; requiring
27that certain administrative proceedings be terminated and
28subsequently reinstated under different provisions of
29state law if a disputed issue of material fact arises
30during such a proceeding; providing for the waiver of such
31termination; revising a cross-reference; amending s.
32120.74, F.S.; revising reporting requirements for agency
33heads; amending ss. 120.80, 120.81, 409.175, 420.9072, and
34420.9075, F.S.; correcting cross-references; providing an
35appropriation; providing effective dates.
37Be It Enacted by the Legislature of the State of Florida:
39     Section 1.  Subsection (8) of section 120.52, Florida
40Statutes, is amended, present subsections (9) through (15) of
41that section are renumbered as subsections (10) through (16),
42respectively, present subsections (16) through (19) of that
43section are renumbered as subsections (18) through (21),
44respectively, and new subsections (9) and (17) are added to that
45section, to read:
46     120.52  Definitions.--As used in this act:
47     (8)  "Invalid exercise of delegated legislative authority"
48means action that which goes beyond the powers, functions, and
49duties delegated by the Legislature. A proposed or existing rule
50is an invalid exercise of delegated legislative authority if any
51one of the following applies:
52     (a)  The agency has materially failed to follow the
53applicable rulemaking procedures or requirements set forth in
54this chapter;
55     (b)  The agency has exceeded its grant of rulemaking
56authority, citation to which is required by s. 120.54(3)(a)1.;
57     (c)  The rule enlarges, modifies, or contravenes the
58specific provisions of law implemented, citation to which is
59required by s. 120.54(3)(a)1.;
60     (d)  The rule is vague, fails to establish adequate
61standards for agency decisions, or vests unbridled discretion in
62the agency;
63     (e)  The rule is arbitrary or capricious. A rule is
64arbitrary if it is not supported by logic or the necessary
65facts; a rule is capricious if it is adopted without thought or
66reason or is irrational; or
67     (f)  The rule imposes regulatory costs on the regulated
68person, county, or city which could be reduced by the adoption
69of less costly alternatives that substantially accomplish the
70statutory objectives.
72A grant of rulemaking authority is necessary but not sufficient
73to allow an agency to adopt a rule; a specific law to be
74implemented is also required. An agency may adopt only rules
75that implement or interpret the specific powers and duties
76granted by the enabling statute. No agency shall have authority
77to adopt a rule only because it is reasonably related to the
78purpose of the enabling legislation and is not arbitrary and
79capricious or is within the agency's class of powers and duties,
80nor shall an agency have the authority to implement statutory
81provisions setting forth general legislative intent or policy.
82Statutory language granting rulemaking authority or generally
83describing the powers and functions of an agency shall be
84construed to extend no further than implementing or interpreting
85the specific powers and duties conferred by the same statute.
86     (9)  "Law implemented" means the statutory language being
87carried out or interpreted by an agency through rulemaking.
88     (17)  "Rulemaking authority" means statutory language that
89explicitly authorizes or requires an agency to adopt, develop,
90establish, or otherwise create any statement coming within the
91definition of "rule."
92     Section 2.  Subsection (1) of section 120.536, Florida
93Statutes, is amended to read:
94     120.536  Rulemaking authority; repeal; challenge.--
95     (1)  A grant of rulemaking authority is necessary but not
96sufficient to allow an agency to adopt a rule; a specific law to
97be implemented is also required. An agency may adopt only rules
98that implement or interpret the specific powers and duties
99granted by the enabling statute. No agency shall have authority
100to adopt a rule only because it is reasonably related to the
101purpose of the enabling legislation and is not arbitrary and
102capricious or is within the agency's class of powers and duties,
103nor shall an agency have the authority to implement statutory
104provisions setting forth general legislative intent or policy.
105Statutory language granting rulemaking authority or generally
106describing the powers and functions of an agency shall be
107construed to extend no further than implementing or interpreting
108the specific powers and duties conferred by the same statute.
109     Section 3.  Paragraph (i) of subsection (1), paragraphs (a)
110and (e) of subsection (3), and paragraph (a) of subsection (4)
111of section 120.54, Florida Statutes, are amended, and paragraph
112(k) is added to subsection (1) of that section, to read:
113     120.54  Rulemaking.--
116     (i)1.  A rule may incorporate material by reference but
117only as the material exists on the date the rule is adopted. For
118purposes of the rule, changes in the material are not effective
119unless the rule is amended to incorporate the changes. Material
120incorporated by reference in a rule may not incorporate
121additional material by reference unless the rule specifically
122identifies the additional material.
123     2.  An agency rule that incorporates by specific reference
124another rule of that agency automatically incorporates
125subsequent amendments to the referenced rule, unless a contrary
126intent is clearly indicated in the referencing rule. Any notice
127of amendments to a rule that has been incorporated by specific
128reference in other rules of that agency must explain the effect
129of the amendments on the referencing rules.
130     3.  In rules adopted after December 31, 2009, material may
131not be incorporated by reference unless:
132     a.  The material has been submitted in the prescribed
133electronic format to the Department of State and the full text
134of the material can be made available for free public access
135through an electronic hyperlink from the rule in the Florida
136Administrative Code making the reference; or
137     b.  The agency has determined that posting of the material
138on the Internet for purposes of public examination and
139inspection would constitute a violation of federal copyright
140law, in which case a statement to that effect, along with the
141address of locations at the Department of State and the agency
142at which the material is available for public inspection and
143examination, is included in the notice required by subparagraph
145     4.  A rule may not be amended by reference only. Amendments
146must set out the amended rule in full in the same manner as
147required by the State Constitution for laws. The Department of
148State may prescribe by rule requirements for incorporating
149materials by reference pursuant to this paragraph.
150     5.2.  Notwithstanding any contrary provision in this
151section, when an adopted rule of the Department of Environmental
152Protection or a water management district is incorporated by
153reference in the other agency's rule to implement a provision of
154part IV of chapter 373, subsequent amendments to the rule are
155not effective as to the incorporating rule unless the agency
156incorporating by reference notifies the committee and the
157Department of State of its intent to adopt the subsequent
158amendment, publishes notice of such intent in the Florida
159Administrative Weekly, and files with the Department of State a
160copy of the amended rule incorporated by reference. Changes in
161the rule incorporated by reference are effective as to the other
162agency 20 days after the date of the published notice and filing
163with the Department of State. The Department of State shall
164amend the history note of the incorporating rule to show the
165effective date of such change. Any substantially affected person
166may, within 14 days after the date of publication of the notice
167of intent in the Florida Administrative Weekly, file an
168objection to rulemaking with the agency. The objection shall
169specify the portions of the rule incorporated by reference to
170which the person objects and the reasons for the objection. The
171agency does shall not have the authority under this subparagraph
172to adopt those portions of the rule specified in such objection.
173The agency shall publish notice of the objection and of its
174action in response in the next available issue of the Florida
175Administrative Weekly.
176     6.  The Department of State may prescribe by rule
177requirements for incorporating materials pursuant to this
179     (k)  Rulemaking responsibilities of an agency head under
180subparagraph (3)(a)1., subparagraph (3)(e)1., or subparagraph
181(3)(e)6. may not be delegated or transferred.
183     (a)  Notices.--
184     1.  Prior to the adoption, amendment, or repeal of any rule
185other than an emergency rule, an agency, upon approval of the
186agency head, shall give notice of its intended action, setting
187forth a short, plain explanation of the purpose and effect of
188the proposed action; the full text of the proposed rule or
189amendment and a summary thereof; a reference to the grant of
190specific rulemaking authority pursuant to which the rule is
191adopted; and a reference to the section or subsection of the
192Florida Statutes or the Laws of Florida being implemented or,
193interpreted, or made specific. The notice must shall include a
194summary of the agency's statement of the estimated regulatory
195costs, if one has been prepared, based on the factors set forth
196in s. 120.541(2), and a statement that any person who wishes to
197provide the agency with information regarding the statement of
198estimated regulatory costs, or to provide a proposal for a lower
199cost regulatory alternative as provided by s. 120.541(1), must
200do so in writing within 21 days after publication of the notice.
201The notice must state the procedure for requesting a public
202hearing on the proposed rule. Except when the intended action is
203the repeal of a rule, the notice must shall include a reference
204both to the date on which and to the place where the notice of
205rule development that is required by subsection (2) appeared.
206     2.  The notice shall be published in the Florida
207Administrative Weekly not less than 28 days prior to the
208intended action. The proposed rule shall be available for
209inspection and copying by the public at the time of the
210publication of notice.
211     3.  The notice shall be mailed to all persons named in the
212proposed rule and to all persons who, at least 14 days prior to
213such mailing, have made requests of the agency for advance
214notice of its proceedings. The agency shall also give such
215notice as is prescribed by rule to those particular classes of
216persons to whom the intended action is directed.
217     4.  The adopting agency shall file with the committee, at
218least 21 days prior to the proposed adoption date, a copy of
219each rule it proposes to adopt; a copy of any material
220incorporated by reference in the rule; a detailed written
221statement of the facts and circumstances justifying the proposed
222rule; a copy of any statement of estimated regulatory costs that
223has been prepared pursuant to s. 120.541; a statement of the
224extent to which the proposed rule relates to federal standards
225or rules on the same subject; and the notice required by
226subparagraph 1.
227     (e)  Filing for final adoption; effective date.--
228     1.  If the adopting agency is required to publish its rules
229in the Florida Administrative Code, the agency, upon approval of
230the agency head, it shall file with the Department of State
231three certified copies of the rule it proposes to adopt;, one
232copy of any material incorporated by reference in the rule,
233certified by the agency; a summary of the rule;, a summary of
234any hearings held on the rule;, and a detailed written statement
235of the facts and circumstances justifying the rule. Agencies not
236required to publish their rules in the Florida Administrative
237Code shall file one certified copy of the proposed rule, and the
238other material required by this subparagraph, in the office of
239the agency head, and such rules shall be open to the public.
240     2.  A rule may not be filed for adoption less than 28 days
241or more than 90 days after the notice required by paragraph (a),
242until 21 days after the notice of change required by paragraph
243(d), until 14 days after the final public hearing, until 21 days
244after preparation of a statement of estimated regulatory costs
245required under s. 120.541, or until the administrative law judge
246has rendered a decision under s. 120.56(2), whichever applies.
247When a required notice of change is published prior to the
248expiration of the time to file the rule for adoption, the period
249during which a rule must be filed for adoption is extended to 45
250days after the date of publication. If notice of a public
251hearing is published prior to the expiration of the time to file
252the rule for adoption, the period during which a rule must be
253filed for adoption is extended to 45 days after adjournment of
254the final hearing on the rule, 21 days after receipt of all
255material authorized to be submitted at the hearing, or 21 days
256after receipt of the transcript, if one is made, whichever is
257latest. The term "public hearing" includes any public meeting
258held by any agency at which the rule is considered. If a
259petition for an administrative determination under s. 120.56(2)
260is filed, the period during which a rule must be filed for
261adoption is extended to 60 days after the administrative law
262judge files the final order with the clerk or until 60 days
263after subsequent judicial review is complete.
264     3.  At the time a rule is filed, the agency shall certify
265that the time limitations prescribed by this paragraph have been
266complied with, that all statutory rulemaking requirements have
267been met, and that there is no administrative determination
268pending on the rule.
269     4.  At the time a rule is filed, the committee shall
270certify whether the agency has responded in writing to all
271material and timely written comments or written inquiries made
272on behalf of the committee. The department shall reject any rule
273not filed within the prescribed time limits; that does not
274comply with satisfy all statutory rulemaking requirements and
275rules of the department; upon which an agency has not responded
276in writing to all material and timely written inquiries or
277written comments; upon which an administrative determination is
278pending; or which does not include a statement of estimated
279regulatory costs, if required.
280     5.  If a rule has not been adopted within the time limits
281imposed by this paragraph or has not been adopted in compliance
282with all statutory rulemaking requirements, the agency proposing
283the rule shall withdraw the rule and give notice of its action
284in the next available issue of the Florida Administrative
286     6.  The proposed rule shall be adopted on being filed with
287the Department of State and become effective 20 days after being
288filed, on a later date specified in the rule, or on a date
289required by statute. Rules not required to be filed with the
290Department of State shall become effective when adopted by the
291agency head or on a later date specified by rule or statute. If
292the committee notifies an agency that an objection to a rule is
293being considered, the agency may postpone the adoption of the
294rule to accommodate review of the rule by the committee. When an
295agency postpones adoption of a rule to accommodate review by the
296committee, the 90-day period for filing the rule is tolled until
297the committee notifies the agency that it has completed its
298review of the rule.
300For the purposes of this paragraph, the term "administrative
301determination" does not include subsequent judicial review.
302     (4)  EMERGENCY RULES.--
303     (a)  If an agency finds that an immediate danger to the
304public health, safety, or welfare requires emergency action, the
305agency may adopt any rule necessitated by the immediate danger.
306The agency may adopt a rule by any procedure which is fair under
307the circumstances if:
308     1.  The procedure provides at least the procedural
309protection given by other statutes, the State Constitution, or
310the United States Constitution.
311     2.  The agency takes only that action necessary to protect
312the public interest under the emergency procedure.
313     3.  The agency publishes in writing at the time of, or
314prior to, its action the specific facts and reasons for finding
315an immediate danger to the public health, safety, or welfare and
316its reasons for concluding that the procedure used is fair under
317the circumstances. In any event, notice of emergency rules,
318other than those of educational units or units of government
319with jurisdiction in only one or a part of one county, including
320the full text of the rules, shall be published in the first
321available issue of the Florida Administrative Weekly and
322provided to the committee along with any material incorporated
323by reference in the rules. The agency's findings of immediate
324danger, necessity, and procedural fairness shall be judicially
326     Section 4.  Subsection (2) of section 120.545, Florida
327Statutes, is amended to read:
328     120.545  Committee review of agency rules.--
329     (2)  The committee may request from an agency such
330information as is reasonably necessary for examination of a rule
331as required by subsection (1) or for examination of an unadopted
332agency statement. The committee shall consult with legislative
333standing committees having with jurisdiction over the subject
334areas. If the committee objects to an emergency rule or a
335proposed or existing rule, it shall, within 5 days after of the
336objection, certify that fact to the agency whose rule has been
337examined and include with the certification a statement
338detailing its objections with particularity. The committee shall
339notify the Speaker of the House of Representatives and the
340President of the Senate of any objection to an agency rule
341concurrent with certification of that fact to the agency. Such
342notice must shall include a copy of the rule and the statement
343detailing the committee's objections to the rule.
344     Section 5.  Paragraph (c) of subsection (1) and subsection
345(3) of section 120.55, Florida Statutes, are amended to read:
346     120.55  Publication.--
347     (1)  The Department of State shall:
348     (c)  Prescribe by rule the style, and form, and content
349requirements required for rules, notices, and other materials
350submitted for filing and establish the form for their
352     (3)  Any publication of a proposed rule promulgated by an
353agency, whether published in the Florida Administrative Code or
354elsewhere, shall include, along with the rule, the name of the
355person or persons originating such rule, the name of the agency
356head supervisor or person who approved the rule, and the date
357upon which the rule was approved.
358     Section 6.  Effective December 31, 2007, paragraph (d) of
359subsection (1) and subsections (2) and (5) of section 120.55,
360Florida Statutes, as amended by section 4 of chapter 2006-82,
361Laws of Florida, are amended to read:
362     120.55  Publication.--
363     (1)  The Department of State shall:
364     (d)  Prescribe by rule the style, and form, and content
365requirements required for rules, notices, and other materials
366submitted for filing and establish the form for their
368     (2)  The Florida Administrative Weekly Internet website
369must allow users to:
370     (a)  Search for notices by type, publication date, rule
371number, word, subject, and agency;
372     (b)  Search a database that makes available all notices
373published on the website for a period of at least 5 years;
374     (c)  Subscribe to an automated e-mail notification of
375selected notices to be sent out prior to or concurrently with
376weekly publication of the printed and electronic Florida
377Administrative Weekly. Such notification must include in the
378text of the e-mail a summary of the content of each notice;
379     (d)  View agency forms and other materials that have been
380submitted to the department in electronic form and that are
381being incorporated by reference in proposed rules; and
382     (e)  Comment on proposed rules.
383     (5)  Any publication of a proposed rule promulgated by an
384agency, whether published in the Florida Administrative Code or
385elsewhere, shall include, along with the rule, the name of the
386person or persons originating such rule, the name of the agency
387head supervisor or person who approved the rule, and the date
388upon which the rule was approved.
389     Section 7.  Effective December 31, 2008, paragraph (a) of
390subsection (1) of section 120.55, Florida Statutes, as amended
391by section 4 of chapter 2006-82, Laws of Florida, is amended to
393     120.55  Publication.--
394     (1)  The Department of State shall:
395     (a)1.  Through a continuous revision system, compile and
396publish electronically the "Florida Administrative Code." on an
397Internet website managed by the department. The Florida
398Administrative Code shall contain all rules adopted by each
399agency, citing the grant of specific rulemaking authority and
400the specific law implemented pursuant to which each rule was
401adopted, all history notes as authorized in s. 120.545(9), and
402complete indexes to all rules contained in the code, and any
403other material required or authorized by law or deemed useful by
404the department. The electronic code shall display each rule
405chapter currently in effect in browse mode and allow full text
406search of the code and each rule chapter. Supplementation shall
407be made as often as practicable, but at least monthly. The
408department shall publish a printed version of the Florida
409Administrative Code and may contract with a publishing firm for
410such printed the publication, in a timely and useful form, of
411the Florida Administrative Code; however, the department shall
412retain responsibility for the code as provided in this section.
413Supplementation of the printed code shall be made as often as
414practicable, but at least monthly. The printed This publication
415shall be the official compilation of the administrative rules of
416this state. The Department of State shall retain the copyright
417over the Florida Administrative Code.
418     2.  Rules general in form but applicable to only one school
419district, community college district, or county, or a part
420thereof, or state university rules relating to internal
421personnel or business and finance shall not be published in the
422Florida Administrative Code. Exclusion from publication in the
423Florida Administrative Code shall not affect the validity or
424effectiveness of such rules.
425     3.  At the beginning of the section of the code dealing
426with an agency that files copies of its rules with the
427department, the department shall publish the address and
428telephone number of the executive offices of each agency, the
429manner by which the agency indexes its rules, a listing of all
430rules of that agency excluded from publication in the code, and
431a statement as to where those rules may be inspected.
432     4.  Forms shall not be published in the Florida
433Administrative Code; but any form which an agency uses in its
434dealings with the public, along with any accompanying
435instructions, shall be filed with the committee before it is
436used. Any form or instruction which meets the definition of
437"rule" provided in s. 120.52 shall be incorporated by reference
438into the appropriate rule. The reference shall specifically
439state that the form is being incorporated by reference and shall
440include the number, title, and effective date of the form and an
441explanation of how the form may be obtained. Each form created
442by an agency which is incorporated by reference in a rule notice
443of which is given under s. 120.54(3)(a) after December 31, 2007,
444must clearly display the number, title, and effective date of
445the form and the number of the rule in which the form is
447     5.  The department shall allow material incorporated by
448reference to be filed in electronic form as prescribed by
449department rule. When a rule is filed for adoption with
450incorporated material in electronic form, the department's
451publication of the Florida Administrative Code on its Internet
452website must contain a hyperlink from the incorporating
453reference in the rule directly to that material. The department
454may not allow hyperlinks from rules in the Florida
455Administrative Code to any material other than that filed with
456and maintained by the department, but it may allow additional
457hyperlinks to incorporated material maintained by the department
458from the adopting agency's website or other sites.
459     Section 8.  Subsection (1) and paragraph (c) of subsection
460(2) of section 120.569, Florida Statutes, are amended to read:
461     120.569  Decisions which affect substantial interests.--
462     (1)  The provisions of this section apply in all
463proceedings in which the substantial interests of a party are
464determined by an agency, unless the parties are proceeding under
465s. 120.573 or s. 120.574. Unless waived by all parties, s.
466120.57(1) applies whenever the proceeding involves a disputed
467issue of material fact. Unless otherwise agreed, s. 120.57(2)
468applies in all other cases. If a disputed issue of material fact
469arises during a proceeding under s. 120.57(2), then, unless
470waived by all parties, the proceeding under s. 120.57(2) shall
471be terminated and a proceeding under s. 120.57(1) shall be
472conducted. Parties shall be notified of any order, including a
473final order. Unless waived, a copy of the order shall be
474delivered or mailed to each party or the party's attorney of
475record at the address of record. Each notice shall inform the
476recipient of any administrative hearing or judicial review that
477is available under this section, s. 120.57, or s. 120.68; shall
478indicate the procedure which must be followed to obtain the
479hearing or judicial review; and shall state the time limits
480which apply.
481     (2)
482     (c)  Unless otherwise provided by law, a petition or
483request for hearing shall include those items required by the
484uniform rules adopted pursuant to s. 120.54(5)(b) s.
485120.54(5)(b)4. Upon the receipt of a petition or request for
486hearing, the agency shall carefully review the petition to
487determine if it contains all of the required information. A
488petition shall be dismissed if it is not in substantial
489compliance with these requirements or it has been untimely
490filed. Dismissal of a petition shall, at least once, be without
491prejudice to petitioner's filing a timely amended petition
492curing the defect, unless it conclusively appears from the face
493of the petition that the defect cannot be cured. The agency
494shall promptly give written notice to all parties of the action
495taken on the petition, shall state with particularity its
496reasons if the petition is not granted, and shall state the
497deadline for filing an amended petition if applicable. This
498paragraph does not eliminate the availability of equitable
499tolling as a defense to the untimely filing of a petition.
500     Section 9.  Subsection (2) of section 120.74, Florida
501Statutes, is amended to read:
502     120.74  Agency review, revision, and report.--
503     (2)  Beginning October 1, 1997, and by October 1 of every
504other year thereafter, the head of each agency shall file a
505report with the President of the Senate, the Speaker of the
506House of Representatives, and the committee, with a copy to each
507appropriate standing committee of the Legislature, which
508certifies that the agency has complied with the requirements of
509this section subsection. The report must specify any changes
510made to its rules as a result of the review and, when
511appropriate, recommend statutory changes that will promote
512efficiency, reduce paperwork, or decrease costs to government
513and the private sector. The report must identify the types of
514cases or disputes in which the agency is involved which should
515be conducted under the summary hearing process described in s.
517     Section 10.  Subsection (11) of section 120.80, Florida
518Statutes, is amended to read:
519     120.80  Exceptions and special requirements; agencies.--
520     (11)  NATIONAL GUARD.--Notwithstanding s. 120.52(16)(15),
521the enlistment, organization, administration, equipment,
522maintenance, training, and discipline of the militia, National
523Guard, organized militia, and unorganized militia, as provided
524by s. 2, Art. X of the State Constitution, are not rules as
525defined by this chapter.
526     Section 11.  Paragraph (c) of subsection (1) and paragraph
527(a) of subsection (3) of section 120.81, Florida Statutes, are
528amended to read:
529     120.81  Exceptions and special requirements; general
531     (1)  EDUCATIONAL UNITS.--
532     (c)  Notwithstanding s. 120.52(16)(15), any tests, test
533scoring criteria, or testing procedures relating to student
534assessment which are developed or administered by the Department
535of Education pursuant to s. 1003.43, s. 1003.438, s. 1008.22, or
536s. 1008.25, or any other statewide educational tests required by
537law, are not rules.
539     (a)  Notwithstanding s. 120.52(13)(12), prisoners, as
540defined by s. 944.02, shall not be considered parties in any
541proceedings other than those under s. 120.54(3)(c) or (7), and
542may not seek judicial review under s. 120.68 of any other agency
543action. Prisoners are not eligible to seek an administrative
544determination of an agency statement under s. 120.56(4).
545Parolees shall not be considered parties for purposes of agency
546action or judicial review when the proceedings relate to the
547rescission or revocation of parole.
548     Section 12.  Paragraph (f) of subsection (2) of section
549409.175, Florida Statutes, is amended to read:
550     409.175  Licensure of family foster homes, residential
551child-caring agencies, and child-placing agencies; public
552records exemption.--
553     (2)  As used in this section, the term:
554     (f)  "License" means "license" as defined in s.
555120.52(10)(9). A license under this section is issued to a
556family foster home or other facility and is not a professional
557license of any individual. Receipt of a license under this
558section shall not create a property right in the recipient. A
559license under this act is a public trust and a privilege, and is
560not an entitlement. This privilege must guide the finder of fact
561or trier of law at any administrative proceeding or court action
562initiated by the department.
563     Section 13.  Paragraph (a) of subsection (1) of section
564420.9072, Florida Statutes, is amended to read:
565     420.9072  State Housing Initiatives Partnership
566Program.--The State Housing Initiatives Partnership Program is
567created for the purpose of providing funds to counties and
568eligible municipalities as an incentive for the creation of
569local housing partnerships, to expand production of and preserve
570affordable housing, to further the housing element of the local
571government comprehensive plan specific to affordable housing,
572and to increase housing-related employment.
573     (1)(a)  In addition to the legislative findings set forth
574in s. 420.6015, the Legislature finds that affordable housing is
575most effectively provided by combining available public and
576private resources to conserve and improve existing housing and
577provide new housing for very-low-income households, low-income
578households, and moderate-income households. The Legislature
579intends to encourage partnerships in order to secure the
580benefits of cooperation by the public and private sectors and to
581reduce the cost of housing for the target group by effectively
582combining all available resources and cost-saving measures. The
583Legislature further intends that local governments achieve this
584combination of resources by encouraging active partnerships
585between government, lenders, builders and developers, real
586estate professionals, advocates for low-income persons, and
587community groups to produce affordable housing and provide
588related services. Extending the partnership concept to encompass
589cooperative efforts among small counties as defined in s.
590120.52(19)(17), and among counties and municipalities is
591specifically encouraged. Local governments are also intended to
592establish an affordable housing advisory committee to recommend
593monetary and nonmonetary incentives for affordable housing as
594provided in s. 420.9076.
595     Section 14.  Subsection (7) of section 420.9075, Florida
596Statutes, is amended to read:
597     420.9075  Local housing assistance plans; partnerships.--
598     (7)  The moneys deposited in the local housing assistance
599trust fund shall be used to administer and implement the local
600housing assistance plan. The cost of administering the plan may
601not exceed 5 percent of the local housing distribution moneys
602and program income deposited into the trust fund. A county or an
603eligible municipality may not exceed the 5-percent limitation on
604administrative costs, unless its governing body finds, by
605resolution, that 5 percent of the local housing distribution
606plus 5 percent of program income is insufficient to adequately
607pay the necessary costs of administering the local housing
608assistance plan. The cost of administering the program may not
609exceed 10 percent of the local housing distribution plus 5
610percent of program income deposited into the trust fund, except
611that small counties, as defined in s. 120.52(19)(17), and
612eligible municipalities receiving a local housing distribution
613of up to $350,000 may use up to 10 percent of program income for
614administrative costs.
616     Section 15.  For fiscal year 2007-2008, the nonrecurring
617sum of $345,000 is appropriated from the Records Management
618Trust Fund to the Department of State for the purposes of
619carrying out the provisions of this act.
620     Section 16.  Except as otherwise expressly provided in this
621act, this act shall take effect July 1, 2007.

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