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.