Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 1312
       
       
       
       
       
       
                                Barcode 734772                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/F/2R          .                                
             03/08/2012 06:50 PM       .                                
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       Senator Joyner moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 173 - 569
    4  and insert:
    5         Section 1. Section 120.515, Florida Statutes, is created to
    6  read:
    7         120.515 Declaration of policy and requirement for public
    8  notice, input, and deliberation by appointing authorities.—
    9         (1) This section provides uniform procedures for the
   10  exercise of authority by an executive branch appointing
   11  authority over the rulemaking and decisionmaking authority of
   12  its appointees. All such authority must be exercised in an open
   13  and fair manner so that the public and affected persons are
   14  provided adequate notice, the opportunity for input, and the
   15  opportunity for hearing on matters affecting their interests.
   16         (2) The exercise of decisionmaking and rulemaking-related
   17  authority by an appointing authority over an appointee must be
   18  authorized by law and be consistent with all rulemaking
   19  requirements set forth in this chapter, including, but not
   20  limited to, timeline parameters and the rulemaking standards and
   21  criteria in ss. 120.52(8), (9), and (17), 120.535, and 120.54.
   22  If permitted by law, the exercise of decisionmaking and
   23  rulemaking authority by an appointing authority includes
   24  approving, disapproving, directing, or prohibiting an agency’s
   25  proposed rulemaking or decisionmaking.
   26         (3) Prior to the exercise of decisionmaking or rulemaking
   27  authority, an appointing authority must give advance notice of
   28  its consideration of the proposed rulemaking or intent to make a
   29  decision to affected persons and persons who request notice.
   30  Further notice shall thereafter be published in the first
   31  available Florida Administrative Weekly, allowing the public the
   32  opportunity for input into the deliberations. An appointing
   33  authority must complete its deliberations and provide a written
   34  decision of its recommendation, approval, disapproval,
   35  direction, or prohibition within 14 days after the date of
   36  publication of such notice.
   37         (4) Each appointing authority must adopt rules pursuant to
   38  this chapter to implement this section, including, but not
   39  limited to, rules providing for public input into the
   40  deliberations at a reasonable time and in a reasonable manner
   41  and rules providing time limitations upon the exercise of such
   42  decisionmaking.
   43         (5) A decision by an appointing authority that disapproves,
   44  modifies, prohibits, or otherwise disagrees with the action
   45  proposed, suggested, recommended, or requested by the agency
   46  constitutes agency action under s. 120.569 and is subject to a
   47  hearing under s. 120.57 and appellate review under s. 120.68.
   48  The appointing authority is a necessary party in the proceeding.
   49         (6) An appointing authority exercising decisionmaking or
   50  rulemaking-related authority over a state agency must maintain a
   51  record of its exercise of that authority, including, but not
   52  limited to, the law granting the authority; a transcript of all
   53  oral communications to and from the appointing authority, the
   54  agency, and the public concerning the matter; a copy or
   55  transcript of all information received, reviewed, considered, or
   56  rejected; and information and documentation supporting the
   57  exercise of this authority. The record must be made available
   58  free of cost to the public, if requested.
   59         (7) All decisions by the appointing authority concerning
   60  proposed rulemaking or decisionmaking under this section must be
   61  in writing and must contain reasons supporting the decision, an
   62  explanation of any administrative hearing or judicial review
   63  available to substantially affected persons under s. 120.57, and
   64  be provided electronically or by United States mail to all
   65  persons who provided input into the deliberation. The decision
   66  must also be published in the first available Florida
   67  Administrative Weekly following the issuance of the written
   68  decision.
   69         Section 2. Paragraph (a) of subsection (1) of section
   70  120.52, Florida Statutes, is amended to read:
   71         120.52 Definitions.—As used in this act:
   72         (1) “Agency” means the following officers or governmental
   73  entities if acting pursuant to powers other than those derived
   74  from the constitution:
   75         (a) The Governor, including the Governor’s Office of
   76  Financial Accountability and Regulatory Reform, its successor,
   77  and any other office exercising oversight of an executive agency
   78  on behalf of its appointing authority; each state officer and
   79  state department, and each departmental unit described in s.
   80  20.04; the Board of Governors of the State University System;
   81  the Commission on Ethics; the Fish and Wildlife Conservation
   82  Commission; a regional water supply authority; a regional
   83  planning agency; a multicounty special district, but only when a
   84  majority of its governing board is comprised of nonelected
   85  persons; educational units; and each entity described in
   86  chapters 163, 373, 380, and 582 and s. 186.504.
   87  
   88  This definition does not include any municipality or legal
   89  entity created solely by a municipality; any legal entity or
   90  agency created in whole or in part pursuant to part II of
   91  chapter 361; any metropolitan planning organization created
   92  pursuant to s. 339.175; any separate legal or administrative
   93  entity created pursuant to s. 339.175 of which a metropolitan
   94  planning organization is a member; an expressway authority
   95  pursuant to chapter 348 or any transportation authority under
   96  chapter 343 or chapter 349; or any legal or administrative
   97  entity created by an interlocal agreement pursuant to s.
   98  163.01(7), unless any party to such agreement is otherwise an
   99  agency as defined in this subsection.
  100  
  101  ================= T I T L E  A M E N D M E N T ================
  102         And the title is amended as follows:
  103         Delete lines 2 - 30
  104  and insert:
  105         An act relating to administrative authority; creating
  106         s. 120.515, F.S.; providing a declaration of policy
  107         and requirements for public notice, input, and
  108         deliberation when an appointing authority exercises
  109         authority in the rulemaking and decisionmaking
  110         jurisdiction of an officer appointed by the appointing
  111         authority; amending s. 120.52, F.S.; revising the
  112         definition of the term “agency”; repealing s.