Florida Senate - 2012 SENATOR AMENDMENT Bill No. CS for SB 1312 Barcode 734772 LEGISLATIVE ACTION Senate . House . . . Floor: 1/F/2R . 03/08/2012 06:50 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.