HB 7183

1	A bill to be entitled
2	An act relating to rules and rulemaking; amending s.
3	120.52, F.S.; redefining the term "invalid exercise of
4	delegated legislative authority"; defining the terms "law
5	implemented" and "rulemaking authority"; amending s.
6	120.536, F.S.; revising guidelines for the construction of
7	statutory language granting rulemaking authority; amending
8	s. 120.54, F.S.; prescribing limits and guidelines with
9	respect to incorporation of material by reference;
10	prescribing requirements for materials being incorporated
11	by reference; providing for rules; providing that
12	specified rulemaking responsibilities of an agency head
13	may not be delegated or transferred; revising information
14	to be included in notices of proposed actions; amending s.
15	120.545, F.S.; authorizing the Administrative Procedures
16	Committee to request from agencies information to examine
17	unadopted agency statements; amending s. 120.55, F.S.;
18	requiring the Department of State to prescribe by rule
19	content requirements for rules, notices, and other
20	materials submitted for filing; expanding the required
21	user capabilities of the Florida Administrative Weekly
22	Internet website; requiring electronic publication of the
23	Florida Administrative Code; prescribing requirements with
24	respect to content of such electronic publication;
25	providing for filing information incorporated by reference
26	in electronic form; amending s. 120.569, F.S.; requiring
27	that certain administrative proceedings be terminated and
28	subsequently reinstated under different provisions of
29	state law if a disputed issue of material fact arises
30	during such a proceeding; providing for the waiver of such
31	termination; revising a cross-reference; amending s.
32	120.74, F.S.; revising reporting requirements for agency
33	heads; amending ss. 120.80, 120.81, 409.175, 420.9072, and
34	420.9075, F.S.; correcting cross-references; providing an
35	appropriation; providing effective dates.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1.  Subsection (8) of section 120.52, Florida
40	Statutes, is amended, present subsections (9) through (15) of
41	that section are renumbered as subsections (10) through (16),
42	respectively, present subsections (16) through (19) of that
43	section are renumbered as subsections (18) through (21),
44	respectively, and new subsections (9) and (17) are added to that
45	section, to read:
46	120.52  Definitions.--As used in this act:
47	(8)  "Invalid exercise of delegated legislative authority"
48	means action that which goes beyond the powers, functions, and
49	duties delegated by the Legislature. A proposed or existing rule
50	is an invalid exercise of delegated legislative authority if any
51	one of the following applies:
52	(a)  The agency has materially failed to follow the
53	applicable rulemaking procedures or requirements set forth in
54	this chapter;
55	(b)  The agency has exceeded its grant of rulemaking
56	authority, citation to which is required by s. 120.54(3)(a)1.;
57	(c)  The rule enlarges, modifies, or contravenes the
58	specific provisions of law implemented, citation to which is
59	required by s. 120.54(3)(a)1.;
60	(d)  The rule is vague, fails to establish adequate
61	standards for agency decisions, or vests unbridled discretion in
62	the agency;
63	(e)  The rule is arbitrary or capricious. A rule is
64	arbitrary if it is not supported by logic or the necessary
65	facts; a rule is capricious if it is adopted without thought or
66	reason or is irrational; or
67	(f)  The rule imposes regulatory costs on the regulated
68	person, county, or city which could be reduced by the adoption
69	of less costly alternatives that substantially accomplish the
70	statutory objectives.
71
72	A grant of rulemaking authority is necessary but not sufficient
73	to allow an agency to adopt a rule; a specific law to be
74	implemented is also required. An agency may adopt only rules
75	that implement or interpret the specific powers and duties
76	granted by the enabling statute. No agency shall have authority
77	to adopt a rule only because it is reasonably related to the
78	purpose of the enabling legislation and is not arbitrary and
79	capricious or is within the agency's class of powers and duties,
80	nor shall an agency have the authority to implement statutory
81	provisions setting forth general legislative intent or policy.
82	Statutory language granting rulemaking authority or generally
83	describing the powers and functions of an agency shall be
84	construed to extend no further than implementing or interpreting
85	the specific powers and duties conferred by the same statute.
86	(9)  "Law implemented" means the statutory language being
87	carried out or interpreted by an agency through rulemaking.
88	(17)  "Rulemaking authority" means statutory language that
89	explicitly authorizes or requires an agency to adopt, develop,
90	establish, or otherwise create any statement coming within the
91	definition of "rule."
92	Section 2.  Subsection (1) of section 120.536, Florida
93	Statutes, is amended to read:
94	120.536  Rulemaking authority; repeal; challenge.--
95	(1)  A grant of rulemaking authority is necessary but not
96	sufficient to allow an agency to adopt a rule; a specific law to
97	be implemented is also required. An agency may adopt only rules
98	that implement or interpret the specific powers and duties
99	granted by the enabling statute. No agency shall have authority
100	to adopt a rule only because it is reasonably related to the
101	purpose of the enabling legislation and is not arbitrary and
102	capricious or is within the agency's class of powers and duties,
103	nor shall an agency have the authority to implement statutory
104	provisions setting forth general legislative intent or policy.
105	Statutory language granting rulemaking authority or generally
106	describing the powers and functions of an agency shall be
107	construed to extend no further than implementing or interpreting
108	the specific powers and duties conferred by the same statute.
109	Section 3.  Paragraph (i) of subsection (1), paragraphs (a)
110	and (e) of subsection (3), and paragraph (a) of subsection (4)
111	of 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.--
114	(1)  GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN
115	EMERGENCY RULES.--
116	(i)1.  A rule may incorporate material by reference but
117	only as the material exists on the date the rule is adopted. For
118	purposes of the rule, changes in the material are not effective
119	unless the rule is amended to incorporate the changes. Material
120	incorporated by reference in a rule may not incorporate
121	additional material by reference unless the rule specifically
122	identifies the additional material.
123	2.  An agency rule that incorporates by specific reference
124	another rule of that agency automatically incorporates
125	subsequent amendments to the referenced rule, unless a contrary
126	intent is clearly indicated in the referencing rule. Any notice
127	of amendments to a rule that has been incorporated by specific
128	reference in other rules of that agency must explain the effect
129	of the amendments on the referencing rules.
130	3.  In rules adopted after December 31, 2009, material may
131	not be incorporated by reference unless:
132	a.  The material has been submitted in the prescribed
133	electronic format to the Department of State and the full text
134	of the material can be made available for free public access
135	through an electronic hyperlink from the rule in the Florida
136	Administrative Code making the reference; or
137	b.  The agency has determined that posting of the material
138	on the Internet for purposes of public examination and
139	inspection would constitute a violation of federal copyright
140	law, in which case a statement to that effect, along with the
141	address of locations at the Department of State and the agency
142	at which the material is available for public inspection and
143	examination, is included in the notice required by subparagraph
144	(3)(a)1.
145	4.  A rule may not be amended by reference only. Amendments
146	must set out the amended rule in full in the same manner as
147	required by the State Constitution for laws. The Department of
148	State may prescribe by rule requirements for incorporating
149	materials by reference pursuant to this paragraph.
150	5.2.  Notwithstanding any contrary provision in this
151	section, when an adopted rule of the Department of Environmental
152	Protection or a water management district is incorporated by
153	reference in the other agency's rule to implement a provision of
154	part IV of chapter 373, subsequent amendments to the rule are
155	not effective as to the incorporating rule unless the agency
156	incorporating by reference notifies the committee and the
157	Department of State of its intent to adopt the subsequent
158	amendment, publishes notice of such intent in the Florida
159	Administrative Weekly, and files with the Department of State a
160	copy of the amended rule incorporated by reference. Changes in
161	the rule incorporated by reference are effective as to the other
162	agency 20 days after the date of the published notice and filing
163	with the Department of State. The Department of State shall
164	amend the history note of the incorporating rule to show the
165	effective date of such change. Any substantially affected person
166	may, within 14 days after the date of publication of the notice
167	of intent in the Florida Administrative Weekly, file an
168	objection to rulemaking with the agency. The objection shall
169	specify the portions of the rule incorporated by reference to
170	which the person objects and the reasons for the objection. The
171	agency does shall not have the authority under this subparagraph
172	to adopt those portions of the rule specified in such objection.
173	The agency shall publish notice of the objection and of its
174	action in response in the next available issue of the Florida
175	Administrative Weekly.
176	6.  The Department of State may prescribe by rule
177	requirements for incorporating materials pursuant to this
178	paragraph.
179	(k)  Rulemaking responsibilities of an agency head under
180	subparagraph (3)(a)1., subparagraph (3)(e)1., or subparagraph
181	(3)(e)6. may not be delegated or transferred.
182	(3)  ADOPTION PROCEDURES.--
183	(a)  Notices.--
184	1.  Prior to the adoption, amendment, or repeal of any rule
185	other than an emergency rule, an agency, upon approval of the
186	agency head, shall give notice of its intended action, setting
187	forth a short, plain explanation of the purpose and effect of
188	the proposed action; the full text of the proposed rule or
189	amendment and a summary thereof; a reference to the grant of
190	specific rulemaking authority pursuant to which the rule is
191	adopted; and a reference to the section or subsection of the
192	Florida Statutes or the Laws of Florida being implemented or,
193	interpreted, or made specific. The notice must shall include a
194	summary of the agency's statement of the estimated regulatory
195	costs, if one has been prepared, based on the factors set forth
196	in s. 120.541(2), and a statement that any person who wishes to
197	provide the agency with information regarding the statement of
198	estimated regulatory costs, or to provide a proposal for a lower
199	cost regulatory alternative as provided by s. 120.541(1), must
200	do so in writing within 21 days after publication of the notice.
201	The notice must state the procedure for requesting a public
202	hearing on the proposed rule. Except when the intended action is
203	the repeal of a rule, the notice must shall include a reference
204	both to the date on which and to the place where the notice of
205	rule development that is required by subsection (2) appeared.
206	2.  The notice shall be published in the Florida
207	Administrative Weekly not less than 28 days prior to the
208	intended action. The proposed rule shall be available for
209	inspection and copying by the public at the time of the
210	publication of notice.
211	3.  The notice shall be mailed to all persons named in the
212	proposed rule and to all persons who, at least 14 days prior to
213	such mailing, have made requests of the agency for advance
214	notice of its proceedings. The agency shall also give such
215	notice as is prescribed by rule to those particular classes of
216	persons to whom the intended action is directed.
217	4.  The adopting agency shall file with the committee, at
218	least 21 days prior to the proposed adoption date, a copy of
219	each rule it proposes to adopt; a copy of any material
220	incorporated by reference in the rule; a detailed written
221	statement of the facts and circumstances justifying the proposed
222	rule; a copy of any statement of estimated regulatory costs that
223	has been prepared pursuant to s. 120.541; a statement of the
224	extent to which the proposed rule relates to federal standards
225	or rules on the same subject; and the notice required by
226	subparagraph 1.
227	(e)  Filing for final adoption; effective date.--
228	1.  If the adopting agency is required to publish its rules
229	in the Florida Administrative Code, the agency, upon approval of
230	the agency head, it shall file with the Department of State
231	three certified copies of the rule it proposes to adopt;, one
232	copy of any material incorporated by reference in the rule,
233	certified by the agency; a summary of the rule;, a summary of
234	any hearings held on the rule;, and a detailed written statement
235	of the facts and circumstances justifying the rule. Agencies not
236	required to publish their rules in the Florida Administrative
237	Code shall file one certified copy of the proposed rule, and the
238	other material required by this subparagraph, in the office of
239	the 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
241	or more than 90 days after the notice required by paragraph (a),
242	until 21 days after the notice of change required by paragraph
243	(d), until 14 days after the final public hearing, until 21 days
244	after preparation of a statement of estimated regulatory costs
245	required under s. 120.541, or until the administrative law judge
246	has rendered a decision under s. 120.56(2), whichever applies.
247	When a required notice of change is published prior to the
248	expiration of the time to file the rule for adoption, the period
249	during which a rule must be filed for adoption is extended to 45
250	days after the date of publication. If notice of a public
251	hearing is published prior to the expiration of the time to file
252	the rule for adoption, the period during which a rule must be
253	filed for adoption is extended to 45 days after adjournment of
254	the final hearing on the rule, 21 days after receipt of all
255	material authorized to be submitted at the hearing, or 21 days
256	after receipt of the transcript, if one is made, whichever is
257	latest. The term "public hearing" includes any public meeting
258	held by any agency at which the rule is considered. If a
259	petition for an administrative determination under s. 120.56(2)
260	is filed, the period during which a rule must be filed for
261	adoption is extended to 60 days after the administrative law
262	judge files the final order with the clerk or until 60 days
263	after subsequent judicial review is complete.
264	3.  At the time a rule is filed, the agency shall certify
265	that the time limitations prescribed by this paragraph have been
266	complied with, that all statutory rulemaking requirements have
267	been met, and that there is no administrative determination
268	pending on the rule.
269	4.  At the time a rule is filed, the committee shall
270	certify whether the agency has responded in writing to all
271	material and timely written comments or written inquiries made
272	on behalf of the committee. The department shall reject any rule
273	not filed within the prescribed time limits; that does not
274	comply with satisfy all statutory rulemaking requirements and
275	rules of the department; upon which an agency has not responded
276	in writing to all material and timely written inquiries or
277	written comments; upon which an administrative determination is
278	pending; or which does not include a statement of estimated
279	regulatory costs, if required.
280	5.  If a rule has not been adopted within the time limits
281	imposed by this paragraph or has not been adopted in compliance
282	with all statutory rulemaking requirements, the agency proposing
283	the rule shall withdraw the rule and give notice of its action
284	in the next available issue of the Florida Administrative
285	Weekly.
286	6.  The proposed rule shall be adopted on being filed with
287	the Department of State and become effective 20 days after being
288	filed, on a later date specified in the rule, or on a date
289	required by statute. Rules not required to be filed with the
290	Department of State shall become effective when adopted by the
291	agency head or on a later date specified by rule or statute. If
292	the committee notifies an agency that an objection to a rule is
293	being considered, the agency may postpone the adoption of the
294	rule to accommodate review of the rule by the committee. When an
295	agency postpones adoption of a rule to accommodate review by the
296	committee, the 90-day period for filing the rule is tolled until
297	the committee notifies the agency that it has completed its
298	review of the rule.
299
300	For the purposes of this paragraph, the term "administrative
301	determination" does not include subsequent judicial review.
302	(4)  EMERGENCY RULES.--
303	(a)  If an agency finds that an immediate danger to the
304	public health, safety, or welfare requires emergency action, the
305	agency may adopt any rule necessitated by the immediate danger.
306	The agency may adopt a rule by any procedure which is fair under
307	the circumstances if:
308	1.  The procedure provides at least the procedural
309	protection given by other statutes, the State Constitution, or
310	the United States Constitution.
311	2.  The agency takes only that action necessary to protect
312	the public interest under the emergency procedure.
313	3.  The agency publishes in writing at the time of, or
314	prior to, its action the specific facts and reasons for finding
315	an immediate danger to the public health, safety, or welfare and
316	its reasons for concluding that the procedure used is fair under
317	the circumstances. In any event, notice of emergency rules,
318	other than those of educational units or units of government
319	with jurisdiction in only one or a part of one county, including
320	the full text of the rules, shall be published in the first
321	available issue of the Florida Administrative Weekly and
322	provided to the committee along with any material incorporated
323	by reference in the rules. The agency's findings of immediate
324	danger, necessity, and procedural fairness shall be judicially
325	reviewable.
326	Section 4.  Subsection (2) of section 120.545, Florida
327	Statutes, is amended to read:
328	120.545  Committee review of agency rules.--
329	(2)  The committee may request from an agency such
330	information as is reasonably necessary for examination of a rule
331	as required by subsection (1) or for examination of an unadopted
332	agency statement. The committee shall consult with legislative
333	standing committees having with jurisdiction over the subject
334	areas. If the committee objects to an emergency rule or a
335	proposed or existing rule, it shall, within 5 days after of the
336	objection, certify that fact to the agency whose rule has been
337	examined and include with the certification a statement
338	detailing its objections with particularity. The committee shall
339	notify the Speaker of the House of Representatives and the
340	President of the Senate of any objection to an agency rule
341	concurrent with certification of that fact to the agency. Such
342	notice must shall include a copy of the rule and the statement
343	detailing 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
349	requirements required for rules, notices, and other materials
350	submitted for filing and establish the form for their
351	certification.
352	(3)  Any publication of a proposed rule promulgated by an
353	agency, whether published in the Florida Administrative Code or
354	elsewhere, shall include, along with the rule, the name of the
355	person or persons originating such rule, the name of the agency
356	head supervisor or person who approved the rule, and the date
357	upon which the rule was approved.
358	Section 6.  Effective December 31, 2007, paragraph (d) of
359	subsection (1) and subsections (2) and (5) of section 120.55,
360	Florida Statutes, as amended by section 4 of chapter 2006-82,
361	Laws 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
365	requirements required for rules, notices, and other materials
366	submitted for filing and establish the form for their
367	certification.
368	(2)  The Florida Administrative Weekly Internet website
369	must allow users to:
370	(a)  Search for notices by type, publication date, rule
371	number, word, subject, and agency;
372	(b)  Search a database that makes available all notices
373	published on the website for a period of at least 5 years;
374	(c)  Subscribe to an automated e-mail notification of
375	selected notices to be sent out prior to or concurrently with
376	weekly publication of the printed and electronic Florida
377	Administrative Weekly. Such notification must include in the
378	text of the e-mail a summary of the content of each notice;
379	(d)  View agency forms and other materials that have been
380	submitted to the department in electronic form and that are
381	being incorporated by reference in proposed rules; and
382	(e)  Comment on proposed rules.
383	(5)  Any publication of a proposed rule promulgated by an
384	agency, whether published in the Florida Administrative Code or
385	elsewhere, shall include, along with the rule, the name of the
386	person or persons originating such rule, the name of the agency
387	head supervisor or person who approved the rule, and the date
388	upon which the rule was approved.
389	Section 7.  Effective December 31, 2008, paragraph (a) of
390	subsection (1) of section 120.55, Florida Statutes, as amended
391	by section 4 of chapter 2006-82, Laws of Florida, is amended to
392	read:
393	120.55  Publication.--
394	(1)  The Department of State shall:
395	(a)1.  Through a continuous revision system, compile and
396	publish electronically the "Florida Administrative Code." on an
397	Internet website managed by the department. The Florida
398	Administrative Code shall contain all rules adopted by each
399	agency, citing the grant of specific rulemaking authority and
400	the specific law implemented pursuant to which each rule was
401	adopted, all history notes as authorized in s. 120.545(9), and
402	complete indexes to all rules contained in the code, and any
403	other material required or authorized by law or deemed useful by
404	the department. The electronic code shall display each rule
405	chapter currently in effect in browse mode and allow full text
406	search of the code and each rule chapter. Supplementation shall
407	be made as often as practicable, but at least monthly. The
408	department shall publish a printed version of the Florida
409	Administrative Code and may contract with a publishing firm for
410	such printed the publication, in a timely and useful form, of
411	the Florida Administrative Code; however, the department shall
412	retain responsibility for the code as provided in this section.
413	Supplementation of the printed code shall be made as often as
414	practicable, but at least monthly. The printed This publication
415	shall be the official compilation of the administrative rules of
416	this state. The Department of State shall retain the copyright
417	over the Florida Administrative Code.
418	2.  Rules general in form but applicable to only one school
419	district, community college district, or county, or a part
420	thereof, or state university rules relating to internal
421	personnel or business and finance shall not be published in the
422	Florida Administrative Code. Exclusion from publication in the
423	Florida Administrative Code shall not affect the validity or
424	effectiveness of such rules.
425	3.  At the beginning of the section of the code dealing
426	with an agency that files copies of its rules with the
427	department, the department shall publish the address and
428	telephone number of the executive offices of each agency, the
429	manner by which the agency indexes its rules, a listing of all
430	rules of that agency excluded from publication in the code, and
431	a statement as to where those rules may be inspected.
432	4.  Forms shall not be published in the Florida
433	Administrative Code; but any form which an agency uses in its
434	dealings with the public, along with any accompanying
435	instructions, shall be filed with the committee before it is
436	used. Any form or instruction which meets the definition of
437	"rule" provided in s. 120.52 shall be incorporated by reference
438	into the appropriate rule. The reference shall specifically
439	state that the form is being incorporated by reference and shall
440	include the number, title, and effective date of the form and an
441	explanation of how the form may be obtained. Each form created
442	by an agency which is incorporated by reference in a rule notice
443	of which is given under s. 120.54(3)(a) after December 31, 2007,
444	must clearly display the number, title, and effective date of
445	the form and the number of the rule in which the form is
446	incorporated.
447	5.  The department shall allow material incorporated by
448	reference to be filed in electronic form as prescribed by
449	department rule. When a rule is filed for adoption with
450	incorporated material in electronic form, the department's
451	publication of the Florida Administrative Code on its Internet
452	website must contain a hyperlink from the incorporating
453	reference in the rule directly to that material. The department
454	may not allow hyperlinks from rules in the Florida
455	Administrative Code to any material other than that filed with
456	and maintained by the department, but it may allow additional
457	hyperlinks to incorporated material maintained by the department
458	from 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
463	proceedings in which the substantial interests of a party are
464	determined by an agency, unless the parties are proceeding under
465	s. 120.573 or s. 120.574. Unless waived by all parties, s.
466	120.57(1) applies whenever the proceeding involves a disputed
467	issue of material fact. Unless otherwise agreed, s. 120.57(2)
468	applies in all other cases. If a disputed issue of material fact
469	arises during a proceeding under s. 120.57(2), then, unless
470	waived by all parties, the proceeding under s. 120.57(2) shall
471	be terminated and a proceeding under s. 120.57(1) shall be
472	conducted. Parties shall be notified of any order, including a
473	final order. Unless waived, a copy of the order shall be
474	delivered or mailed to each party or the party's attorney of
475	record at the address of record. Each notice shall inform the
476	recipient of any administrative hearing or judicial review that
477	is available under this section, s. 120.57, or s. 120.68; shall
478	indicate the procedure which must be followed to obtain the
479	hearing or judicial review; and shall state the time limits
480	which apply.
481	(2)
482	(c)  Unless otherwise provided by law, a petition or
483	request for hearing shall include those items required by the
484	uniform rules adopted pursuant to s. 120.54(5)(b) s.
485	120.54(5)(b)4. Upon the receipt of a petition or request for
486	hearing, the agency shall carefully review the petition to
487	determine if it contains all of the required information. A
488	petition shall be dismissed if it is not in substantial
489	compliance with these requirements or it has been untimely
490	filed. Dismissal of a petition shall, at least once, be without
491	prejudice to petitioner's filing a timely amended petition
492	curing the defect, unless it conclusively appears from the face
493	of the petition that the defect cannot be cured. The agency
494	shall promptly give written notice to all parties of the action
495	taken on the petition, shall state with particularity its
496	reasons if the petition is not granted, and shall state the
497	deadline for filing an amended petition if applicable. This
498	paragraph does not eliminate the availability of equitable
499	tolling as a defense to the untimely filing of a petition.
500	Section 9.  Subsection (2) of section 120.74, Florida
501	Statutes, is amended to read:
502	120.74  Agency review, revision, and report.--
503	(2)  Beginning October 1, 1997, and by October 1 of every
504	other year thereafter, the head of each agency shall file a
505	report with the President of the Senate, the Speaker of the
506	House of Representatives, and the committee, with a copy to each
507	appropriate standing committee of the Legislature, which
508	certifies that the agency has complied with the requirements of
509	this section subsection. The report must specify any changes
510	made to its rules as a result of the review and, when
511	appropriate, recommend statutory changes that will promote
512	efficiency, reduce paperwork, or decrease costs to government
513	and the private sector. The report must identify the types of
514	cases or disputes in which the agency is involved which should
515	be conducted under the summary hearing process described in s.
516	120.574.
517	Section 10.  Subsection (11) of section 120.80, Florida
518	Statutes, is amended to read:
519	120.80  Exceptions and special requirements; agencies.--
520	(11)  NATIONAL GUARD.--Notwithstanding s. 120.52(16)(15),
521	the enlistment, organization, administration, equipment,
522	maintenance, training, and discipline of the militia, National
523	Guard, organized militia, and unorganized militia, as provided
524	by s. 2, Art. X of the State Constitution, are not rules as
525	defined 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
528	amended to read:
529	120.81  Exceptions and special requirements; general
530	areas.--
531	(1)  EDUCATIONAL UNITS.--
532	(c)  Notwithstanding s. 120.52(16)(15), any tests, test
533	scoring criteria, or testing procedures relating to student
534	assessment which are developed or administered by the Department
535	of Education pursuant to s. 1003.43, s. 1003.438, s. 1008.22, or
536	s. 1008.25, or any other statewide educational tests required by
537	law, are not rules.
538	(3)  PRISONERS AND PAROLEES.--
539	(a)  Notwithstanding s. 120.52(13)(12), prisoners, as
540	defined by s. 944.02, shall not be considered parties in any
541	proceedings other than those under s. 120.54(3)(c) or (7), and
542	may not seek judicial review under s. 120.68 of any other agency
543	action. Prisoners are not eligible to seek an administrative
544	determination of an agency statement under s. 120.56(4).
545	Parolees shall not be considered parties for purposes of agency
546	action or judicial review when the proceedings relate to the
547	rescission or revocation of parole.
548	Section 12.  Paragraph (f) of subsection (2) of section
549	409.175, Florida Statutes, is amended to read:
550	409.175  Licensure of family foster homes, residential
551	child-caring agencies, and child-placing agencies; public
552	records exemption.--
553	(2)  As used in this section, the term:
554	(f)  "License" means "license" as defined in s.
555	120.52(10)(9). A license under this section is issued to a
556	family foster home or other facility and is not a professional
557	license of any individual. Receipt of a license under this
558	section shall not create a property right in the recipient. A
559	license under this act is a public trust and a privilege, and is
560	not an entitlement. This privilege must guide the finder of fact
561	or trier of law at any administrative proceeding or court action
562	initiated by the department.
563	Section 13.  Paragraph (a) of subsection (1) of section
564	420.9072, Florida Statutes, is amended to read:
565	420.9072  State Housing Initiatives Partnership
566	Program.--The State Housing Initiatives Partnership Program is
567	created for the purpose of providing funds to counties and
568	eligible municipalities as an incentive for the creation of
569	local housing partnerships, to expand production of and preserve
570	affordable housing, to further the housing element of the local
571	government comprehensive plan specific to affordable housing,
572	and to increase housing-related employment.
573	(1)(a)  In addition to the legislative findings set forth
574	in s. 420.6015, the Legislature finds that affordable housing is
575	most effectively provided by combining available public and
576	private resources to conserve and improve existing housing and
577	provide new housing for very-low-income households, low-income
578	households, and moderate-income households. The Legislature
579	intends to encourage partnerships in order to secure the
580	benefits of cooperation by the public and private sectors and to
581	reduce the cost of housing for the target group by effectively
582	combining all available resources and cost-saving measures. The
583	Legislature further intends that local governments achieve this
584	combination of resources by encouraging active partnerships
585	between government, lenders, builders and developers, real
586	estate professionals, advocates for low-income persons, and
587	community groups to produce affordable housing and provide
588	related services. Extending the partnership concept to encompass
589	cooperative efforts among small counties as defined in s.
590	120.52(19)(17), and among counties and municipalities is
591	specifically encouraged. Local governments are also intended to
592	establish an affordable housing advisory committee to recommend
593	monetary and nonmonetary incentives for affordable housing as
594	provided in s. 420.9076.
595	Section 14.  Subsection (7) of section 420.9075, Florida
596	Statutes, is amended to read:
597	420.9075  Local housing assistance plans; partnerships.--
598	(7)  The moneys deposited in the local housing assistance
599	trust fund shall be used to administer and implement the local
600	housing assistance plan. The cost of administering the plan may
601	not exceed 5 percent of the local housing distribution moneys
602	and program income deposited into the trust fund. A county or an
603	eligible municipality may not exceed the 5-percent limitation on
604	administrative costs, unless its governing body finds, by
605	resolution, that 5 percent of the local housing distribution
606	plus 5 percent of program income is insufficient to adequately
607	pay the necessary costs of administering the local housing
608	assistance plan. The cost of administering the program may not
609	exceed 10 percent of the local housing distribution plus 5
610	percent of program income deposited into the trust fund, except
611	that small counties, as defined in s. 120.52(19)(17), and
612	eligible municipalities receiving a local housing distribution
613	of up to $350,000 may use up to 10 percent of program income for
614	administrative costs.
615
616	Section 15.  For fiscal year 2007-2008, the nonrecurring
617	sum of $345,000 is appropriated from the Records Management
618	Trust Fund to the Department of State for the purposes of
619	carrying out the provisions of this act.
620	Section 16.  Except as otherwise expressly provided in this
621	act, this act shall take effect July 1, 2007.

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