Florida Senate - 2012 SB 1470 By Senator Norman 12-01526-12 20121470__ 1 A bill to be entitled 2 An act relating to the repeal of administrative rules; 3 amending s. 120.536, F.S.; providing for repeal of 4 administrative rules upon the repeal of the law 5 implemented; creating s. 120.555, F.S.; providing a 6 process for summary repeal of administrative rules 7 that are no longer in effect; nullifying specific 8 administrative rules adopted by the Northwest Florida 9 Water Management District, Suwannee River Water 10 Management District, St. Johns River Water Management 11 District, Southwest Florida Water Management District, 12 South Florida Water Management District, the former 13 Department of Commerce, the former Department of 14 Health and Rehabilitative Services, Health Program 15 Office, the former Advisory Council on 16 Intergovernmental Relations, or the former Department 17 of Labor and Employment Security; directing the 18 Department of Health and the Department of Education 19 to initiate necessary rulemaking before the effective 20 date of specified rule nullifications; providing an 21 effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Present subsections (2) and (3) of section 26 120.536, Florida Statutes, are renumbered as subsections (3) and 27 (4), respectively, and a new subsection (2) is added to that 28 section to read: 29 120.536 Rulemaking authority; repeal; challenge.— 30 (2) Unless otherwise expressly provided by law: 31 (a) The repeal of one or more provisions of law implemented 32 by a rule that on its face implements only the provision or 33 provisions repealed and no other provision of law nullifies the 34 rule. Whenever notice of the nullification of a rule under this 35 subsection is received from the committee or otherwise, the 36 Department of State shall remove the rule from the Florida 37 Administrative Code as of the effective date of the law 38 effecting the nullification and update the historical notes for 39 the code to show the rule repealed by operation of law. 40 (b) The repeal of one or more provisions of law implemented 41 by a rule that on its face implements the provision or 42 provisions repealed and one or more other provisions of law 43 nullifies the rule or applicable portion of the rule to the 44 extent that it implements the repealed law. The agency having 45 authority to repeal or amend the rule shall, within 180 days 46 after the effective date of the repealing law, publish a notice 47 of rule development identifying all portions of rules affected 48 by the repealing law and if no notice is timely published the 49 operation of each rule implementing a repealed provision of law 50 shall be suspended until such notice is published. 51 (c) The repeal of one or more provisions of law that, other 52 than as provided in paragraph (a) or paragraph (b), causes a 53 rule or portion of a rule to be of uncertain enforceability 54 requires the Department of State to treat the rule as provided 55 by s. 120.555. A rule shall be considered to be of uncertain 56 enforceability under this paragraph if the division notifies the 57 Department of State that a rule or a portion of the rule has 58 been invalidated in a division proceeding based upon a repeal of 59 law, or the committee gives written notification to the 60 Department of State and the agency having power to amend or 61 repeal the rule that a law has been repealed creating doubt 62 about whether the rule is still in full force and effect. 63 Section 2. Section 120.555, Florida Statutes, is created to 64 read: 65 120.555 Summary removal of published rules no longer in 66 force and effect.—When, as part of the continuous revision 67 system authorized in s. 120.55(1)(a)1. or as otherwise provided 68 by law, the Department of State is in doubt whether a rule 69 published in the official version of the Florida Administrative 70 Code is still in full force and effect, the procedure in this 71 section shall be employed. 72 (1) The Department of State shall submit to the head of the 73 agency with authority to repeal or amend the rule, if any, or if 74 no such agency can be identified, to the Governor, a written 75 request for a statement as to whether the rule is still in full 76 force and effect. A copy of the request shall be promptly 77 delivered to the committee and to the Attorney General. The 78 Department of State shall publish a notice of the request 79 together with a copy of the request in the Florida 80 Administrative Weekly next available after delivery of the 81 request to the head of the agency or the Governor. 82 (2) No later than 90 days after the date the notice 83 required in subsection (1) is published, the agency or the 84 Governor, notified pursuant to subsection (1), shall file a 85 written response with the Department of State stating whether 86 the rule is in full force and effect and under the jurisdiction 87 of an agency with full authority to amend or repeal the rule. 88 Failure to respond timely under this subsection constitutes an 89 acknowledgement by the agency or the Governor that the rule is 90 no longer in effect and is subject to summary repeal under this 91 section. 92 (3) The Department of State shall publish a notice of the 93 agency’s or Governor’s timely response or the acknowledgement 94 determined under subsection (2) in the Florida Administrative 95 Weekly next available after receipt of the response or the 96 expiration of the response period, whichever occurs first. 97 (4) If the response states that the rule is no longer in 98 effect, or if no response is filed timely with the Department of 99 State, the notice required in subsection (3) shall also give 100 notice of the following: 101 (a) Based on the agency’s or Governor’s written response or 102 the acknowledgement determined under subsection (2), the rule 103 will be repealed summarily pursuant to this section and removed 104 from the Florida Administrative Code. 105 (b) Any objection to the summary repeal under this section 106 must be filed as a petition challenging a proposed rule under s. 107 120.56 and must be filed no later than 21 days after the date 108 the notice is published in the Florida Administrative Weekly. 109 (c) For purposes only of challenging a summary repeal under 110 this section, the agency with current authority to repeal the 111 rule under s. 120.54 shall be named as the respondent in the 112 petition and shall be the proper party in interest. In such 113 circumstances, the Department of State shall not be named as a 114 party in a petition filed under paragraph (b) and this 115 paragraph. 116 (d) If no agency currently has authority to repeal the rule 117 under s. 120.54, the Department of State shall be named as the 118 respondent in a petition filed under paragraph (b) and this 119 paragraph. The Attorney General shall represent the Department 120 of State in all proceedings under this paragraph. 121 (5) Upon the expiration of the 21-day period to file an 122 objection to a notice of summary repeal published pursuant to 123 subsection (4), if no timely objection is filed, or, if a timely 124 objection is filed, on the date a decision finding the rule is 125 no longer in effect becomes final, the Department of State shall 126 update the Florida Administrative Code to remove the rule and 127 shall provide historical notes identifying the manner in which 128 the rule ceased to have effect, including the summary repeal 129 pursuant to this section. 130 Section 3. The following rules of the Northwest Florida 131 Water Management District are nullified and of no further force 132 or effect: 133 (1) Rule 40A-1.1020, Florida Administrative Code, relating 134 to General Procedures for Permit Applications. 135 (2) Rule 40A-1.1030, Florida Administrative Code, relating 136 to Contract Bidding Resolution of Protest. 137 (3) Rule 40A-1.1040, Florida Administrative Code, relating 138 to General Permits. 139 (4) Rule 40A-1.180, Florida Administrative Code, relating 140 to Procedures for Contracting for Professional Services. 141 (5) Rule 40A-1.181, Florida Administrative Code, relating 142 to Contracting Bidding-Reservation of Right. 143 (6) Rule 40A-1.182, Florida Administrative Code, relating 144 to Contracting Bidding-Resolution of Protest. 145 (7) Rule 40A-2.311, Florida Administrative Code, relating 146 to Competing Applications. 147 (8) Rule 40A-3.038, Florida Administrative Code, relating 148 to Violations of Licensing Requirements. 149 (9) Rule 40A-4.061, Florida Administrative Code, relating 150 to Mitigation Banks. 151 (10) Rule 40A-4.143, Florida Administrative Code, relating 152 to Abandonment. 153 (11) Rule 40A-4.461, Florida Administrative Code, relating 154 to Inspection. 155 (12) Rule 40A-4.471, Florida Administrative Code, relating 156 to Abatement. 157 (13) Rule 40A-6.461, Florida Administrative Code, relating 158 to Inspections. 159 (14) Rule 40A-6.491, Florida Administrative Code, relating 160 to Unlawful Use. 161 (15) Rule 40A-44.143, Florida Administrative Code, relating 162 to Abandonment. 163 Section 4. The following rules of the Suwannee River Water 164 Management District are nullified and of no further force or 165 effect: 166 (1) Rule 40B-1.100, Florida Administrative Code, relating 167 to Uniform Rules of Procedure and Statement of District 168 Organization and Operation. 169 (2) Rule 40B-1.510, Florida Administrative Code, relating 170 to District Investigations and Probable Cause Determinations. 171 (3) Rule 40B-1.702, Florida Administrative Code, relating 172 to Permits Required. 173 (4) Rule 40B-1.705, Florida Administrative Code, relating 174 to Complaints. 175 (5) Rule 40B-1.801, Florida Administrative Code, relating 176 to General provisions pertaining to procurement. 177 (6) Rule 40B-1.802, Florida Administrative Code, relating 178 to Definitions. 179 (7) Rule 40B-1.804, Florida Administrative Code, relating 180 to Certification and Competitive Selection for Professional 181 Services. 182 (8) Rule 40B-1.805, Florida Administrative Code, relating 183 to Competitive Negotiation. 184 (9) Rule 40B-1.808, Florida Administrative Code, relating 185 to Applicability. 186 (10) Rule 40B-1.810, Florida Administrative Code, relating 187 to Procurement of Commodities or Contractual Services. 188 (11) Rule 40B-1.811, Florida Administrative Code, relating 189 to Prequalified Providers. 190 (12) Rule 40B-1.812, Florida Administrative Code, relating 191 to Contract Bidding – Reservation of Rights. 192 (13) Rule 40B-1.813, Florida Administrative Code, relating 193 to Contract Bidding – Resolution of Protests. 194 (14) Rule 40B-2.025, Florida Administrative Code, relating 195 to Processing of Water Use Permit Applications. 196 (15) Rule 40B-2.201, Florida Administrative Code, relating 197 to Permit Fees. 198 (16) Rule 40B-2.311, Florida Administrative Code, relating 199 to Competing Applications. 200 (17) Rule 40B-2.341, Florida Administrative Code, relating 201 to Revocation of Permits. 202 (18) Rule 40B-2.441, Florida Administrative Code, relating 203 to Temporary Water Use Permits. 204 (19) Rule 40B-2.781, Florida Administrative Code, relating 205 to Enforcement. 206 (20) Rule 40B-3.011, Florida Administrative Code, relating 207 to Policy and Purpose. 208 (21) Rule 40B-3.031, Florida Administrative Code, relating 209 to Implementation. 210 (22) Rule 40B-3.038, Florida Administrative Code, relating 211 to Violations of Licensing Requirements. 212 (23) Rule 40B-3.039, Florida Administrative Code, relating 213 to Penalties. 214 (24) Rule 40B-3.0391, Florida Administrative Code, relating 215 to Enforcement. 216 (25) Rule 40B-3.0511, Florida Administrative Code, relating 217 to Variances. 218 (26) Rule 40B-3.500, Florida Administrative Code, relating 219 to Scope of Part II. 220 (27) Rule 40B-3.507, Florida Administrative Code, relating 221 to Casing and Liner Pipe Standards. 222 (28) Rule 40B-3.525, Florida Administrative Code, relating 223 to Explosives. 224 (29) Rule 40B-4.1050, Florida Administrative Code, relating 225 to Permit Fees. 226 (30) Rule 40B-5.0021, Florida Administrative Code, relating 227 to Definitions. 228 (31) Rule 40B-5.0051, Florida Administrative Code, relating 229 to Exemptions. 230 (32) Rule 40B-5.0121, Florida Administrative Code, relating 231 to Notice and Hearing Requirements. 232 (33) Rule 40B-5.0201, Florida Administrative Code, relating 233 to Permit Processing Fee. 234 (34) Rule 40B-5.0351, Florida Administrative Code, relating 235 to Transfer of Permits. 236 (35) Rule 40B-5.0751, Florida Administrative Code, relating 237 to Enforcement and Penalties. 238 (36) Rule 40B-5.0901, Florida Administrative Code, relating 239 to Forms and Instructions. 240 (37) Rule 40B-9.045, Florida Administrative Code, relating 241 to Acquisition Procedures-Condemnation. 242 (38) Rule 40B-9.065, Florida Administrative Code, relating 243 to Disclosure of Beneficial Interest. 244 (39) Rule 40B-9.081, Florida Administrative Code, relating 245 to Disposition of Surplus Real Property. 246 (40) Rule 40B-21.031, Florida Administrative Code, relating 247 to Elements of the Plan. 248 (41) Rule 40B-21.291, Florida Administrative Code, relating 249 to Variances. 250 (42) Rule 40B-21.421, Florida Administrative Code, relating 251 to Compliance. 252 (43) Rule 40B-21.511, Florida Administrative Code, relating 253 to General provisions pertaining to classification of water 254 users. 255 Section 5. The following rules of the St. Johns River Water 256 Management District are nullified and of no further force or 257 effect: 258 (1) Rule 40C-2.441, Florida Administrative Code, relating 259 to Temporary Permits. 260 (2) Rule 40C-3.038, Florida Administrative Code, relating 261 to Violations of Contractor Licensing Requirements. 262 (3) Rule 40C-3.039, Florida Administrative Code, relating 263 to Penalties. 264 (4) Rule 40C-3.040, Florida Administrative Code, relating 265 to Scope of Part I. 266 (5) Rule 40C-3.201, Florida Administrative Code, relating 267 to Permit Processing Fee. 268 (6) Rule 40C-3.321, Florida Administrative Code, relating 269 to Duration of Permits. 270 (7) Rule 40C-3.525, Florida Administrative Code, relating 271 to Explosives. 272 (8) Rule 40C-3.529, Florida Administrative Code, relating 273 to Flowing Wells. 274 (9) Rule 40C-3.532, Florida Administrative Code, relating 275 to Violations of Well Construction Standards. 276 (10) Rule 40C-4.011, Florida Administrative Code, relating 277 to Policy and Purpose. 278 (11) Rule 40C-4.201, Florida Administrative Code, relating 279 to Permit Processing Fee. 280 (12) Rule 40C-4.351, Florida Administrative Code, relating 281 to Transfer of Permits. 282 (13) Rule 40C-4.751, Florida Administrative Code, relating 283 to Enforcement. 284 (14) Rule 40C-9.001, Florida Administrative Code, relating 285 to Purpose. 286 (15) Rule 40C-9.031, Florida Administrative Code, relating 287 to Selection of Lands – Five Year Plan Pursuant to Section 288 373.199, Florida Statutes. 289 (16) Rule 40C-9.045, Florida Administrative Code, relating 290 to Acquisition Procedures – Condemnation. 291 (17) Rule 40C-9.065, Florida Administrative Code, relating 292 to Disclosure of Beneficial Interest. 293 (18) Rule 40C-9.071, Florida Administrative Code, relating 294 to Use of Trust Funds. 295 (19) Rule 40C-9.081, Florida Administrative Code, relating 296 to Disposition of Surplus Land. 297 (20) Rule 40C-9.115, Florida Administrative Code, relating 298 to Land Management Review Team. 299 (21) Rule 40C-9.400, Florida Administrative Code, relating 300 to Individuals Living on District Lands. 301 (22) Rule 40C-21.031, Florida Administrative Code, relating 302 to Elements of the Plan. 303 (23) Rule 40C-24.001, Florida Administrative Code, relating 304 to Policy and Purpose. 305 (24) Rule 40C-24.010, Florida Administrative Code, relating 306 to Definitions. 307 (25) Rule 40C-24.020, Florida Administrative Code, relating 308 to Incentive Program. 309 (26) Rule 40C-24.030, Florida Administrative Code, relating 310 to Incentive Program - Qualifying. 311 (27) Rule 40C-40.011, Florida Administrative Code, relating 312 to Policy and Purpose. 313 (28) Rule 40C-40.021, Florida Administrative Code, relating 314 to Definitions. 315 (29) Rule 40C-40.031, Florida Administrative Code, relating 316 to Implementation. 317 (30) Rule 40C-40.321, Florida Administrative Code, relating 318 to Duration of Permit. 319 (31) Rule 40C-40.381, Florida Administrative Code, relating 320 to Limiting Conditions. 321 (32) Rule 40C-40.900, Florida Administrative Code, relating 322 to Forms and Instructions. 323 (33) Rule 40C-42.071, Florida Administrative Code, relating 324 to Permit Processing Fee. 325 (34) Rule 40C-42.081, Florida Administrative Code, relating 326 to General Provisions. 327 (35) Rule 40C-44.081, Florida Administrative Code, relating 328 to Permit Processing Fee. 329 Section 6. The following rules of the Southwest Florida 330 Water Management District are nullified and of no further force 331 or effect: 332 (1) Rule 40D-1.902, Florida Administrative Code, relating 333 to District Investigations and Probable Cause Determinations. 334 (2) Rule 40D-2.311, Florida Administrative Code, relating 335 to Competing Applications. 336 (3) Rule 40D-2.511, Florida Administrative Code, relating 337 to Declaration of Water Shortage. 338 (4) Rule 40D-3.011, Florida Administrative Code, relating 339 to Policy and Purpose. 340 (5) Rule 40D-3.031, Florida Administrative Code, relating 341 to Implementation. 342 (6) Rule 40D-3.038, Florida Administrative Code, relating 343 to Violations of Contractor Licensing Requirements. 344 (7) Rule 40D-3.201, Florida Administrative Code, relating 345 to Permit Processing Fee. 346 (8) Rule 40D-3.525, Florida Administrative Code, relating 347 to Explosives. 348 (9) Rule 40D-3.529, Florida Administrative Code, relating 349 to Flowing Wells. 350 (10) Rule 40D-4.031, Florida Administrative Code, relating 351 to Implementation, Effective Date and Applicability. 352 (11) Rule 40D-4.054, Florida Administrative Code, relating 353 to Alteration of Exempt Projects. 354 (12) Rule 40D-4.201, Florida Administrative Code, relating 355 to Permit Processing Fee. 356 (13) Rule 40D-4.461, Florida Administrative Code, relating 357 to Inspection. 358 (14) Rule 40D-40.011, Florida Administrative Code, relating 359 to Policy and Purpose. 360 (15) Rule 40D-40.031, Florida Administrative Code, relating 361 to Implementation, Effective Date and Applicability. 362 (16) Rule 40D-400.201, Florida Administrative Code, 363 relating to Policy and Purpose. 364 (17) Rule 40D-9.101, Florida Administrative Code, relating 365 to Recreational Land Use Policy. 366 (18) Rule 40D-9.110, Florida Administrative Code, relating 367 to Scope and Applicability. 368 (19) Rule 40D-9.300, Florida Administrative Code, relating 369 to Trespass After Notice. 370 (20) Rule 40D-9.310, Florida Administrative Code, relating 371 to Penalties. 372 (21) Rule 40D-21.031, Florida Administrative Code, relating 373 to Elements of the Plan. 374 (22) Rule 40D-21.441, Florida Administrative Code, relating 375 to Public Supply Water Shortage Mitigation Plans. 376 Section 7. The following rules of the South Florida Water 377 Management District are nullified and of no further force or 378 effect: 379 (1) Rule 40E-0.103, Florida Administrative Code, relating 380 to Procedures for Processing Permit Applications. 381 (2) Rule 40E-0.105, Florida Administrative Code, relating 382 to Consideration of Intended Agency Decision on Permit 383 Applications. 384 (3) Rule 40E-1.100, Florida Administrative Code, relating 385 to Uniform Rules of Procedure and Statement of District 386 Organization and Operation. 387 (4) Rule 40E-1.1065, Florida Administrative Code, relating 388 to Misuse of Public Position. 389 (5) Rule 40E-1.125, Florida Administrative Code, relating 390 to Public Information and Inspection of Records. 391 (6) Rule 40E-1.200, Florida Administrative Code, relating 392 to Procedures for Agendas and Scheduling of Meetings and 393 Workshops. 394 (7) Rule 40E-1.208, Florida Administrative Code, relating 395 to Procedure for Abstaining from Voting Conflicts of Interest. 396 (8) Rule 40E-1.300, Florida Administrative Code, relating 397 to Rulemaking Procedures. 398 (9) Rule 40E-1.400, Florida Administrative Code, relating 399 to Procedures Regarding Declaratory Statements. 400 (10) Rule 40E-1.500, Florida Administrative Code, relating 401 to Procedures for Proceedings Which Determine Substantial 402 Interests and Associated Mediation. 403 (11) Rule 40E-1.511, Florida Administrative Code, relating 404 to Point of Entry Into Proceedings. 405 (12) Rule 40E-1.520, Florida Administrative Code, relating 406 to Procedures Concerning Formal Proceedings. 407 (13) Rule 40E-1.521, Florida Administrative Code, relating 408 to Initiation of Formal Proceedings. 409 (14) Rule 40E-1.564, Florida Administrative Code, relating 410 to Exceptions to Recommended Order. 411 (15) Rule 40E-1.570, Florida Administrative Code, relating 412 to Procedures Concerning Informal Proceedings. 413 (16) Rule 40E-1.601, Florida Administrative Code, relating 414 to General provisions pertaining to administrative procedures 415 applicable to permitting decisions. 416 (17) Rule 40E-1.608, Florida Administrative Code, relating 417 to Denial of Permits. 418 (18) Rule 40E-1.611, Florida Administrative Code, relating 419 to Emergency Action. 420 (19) Rule 40E-1.6115, Florida Administrative Code, relating 421 to Emergency Authorization. 422 (20) Rule 40E-2.441, Florida Administrative Code, relating 423 to Temporary Permits. 424 (21) Rule 40E-3.010, Florida Administrative Code, relating 425 to Review of Water Well Permit Applications. 426 (22) Rule 40E-3.0511, Florida Administrative Code, relating 427 to Exemptions and Variances for Well Construction Permits. 428 (23) Rule 40E-4.311, Florida Administrative Code, relating 429 to Variances from Specified Review Criteria for Environmental 430 Resource Permits. 431 (24) Rule 40E-7.201, Florida Administrative Code, relating 432 to Policy and Purpose. 433 (25) Rule 40E-7.205, Florida Administrative Code, relating 434 to Competitive Selection for Professional Services. 435 (26) Rule 40E-7.300, Florida Administrative Code, relating 436 to Procedures Concerning Bid Protests of Solicitations or 437 Contract Awards. 438 (27) Rule 40E-7.401, Florida Administrative Code, relating 439 to District Transfer of Funds. 440 (28) Rule 40E-20.141, Florida Administrative Code, relating 441 to Request for Additional Information. 442 (29) Rule 40E-20.341, Florida Administrative Code, relating 443 to Revocation of General Water Use Permits. 444 (30) Rule 40E-20.391, Florida Administrative Code, relating 445 to Publication. 446 (31) Rule 40E-21.031, Florida Administrative Code, relating 447 to Elements of the Plan. 448 (32) Rule 40E-21.132, Florida Administrative Code, relating 449 to Water Use Restrictions. 450 (33) Rule 40E-21.611, Florida Administrative Code, relating 451 to Classification System. 452 (34) Rule 40E-22.082, Florida Administrative Code, relating 453 to Minimum Flows. 454 (35) Rule 40E-22.112, Florida Administrative Code, relating 455 to Permit Classification. 456 (36) Rule 40E-22.132, Florida Administrative Code, relating 457 to Water Shortage Plan. 458 (37) Rule 40E-22.242, Florida Administrative Code, relating 459 to Minimum Flow. 460 (38) Rule 40E-22.252, Florida Administrative Code, relating 461 to Permit Classification. 462 (39) Rule 40E-22.272, Florida Administrative Code, relating 463 to Water Use Restrictions. 464 (40) Rule 40E-23.011, Florida Administrative Code, relating 465 to Policy and Purpose. 466 (41) Rule 40E-23.021, Florida Administrative Code, relating 467 to Definitions. 468 (42) Rule 40E-23.023, Florida Administrative Code, relating 469 to Boundaries. 470 (43) Rule 40E-23.031, Florida Administrative Code, relating 471 to Implementation. 472 (44) Rule 40E-23.043, Florida Administrative Code, relating 473 to Application. 474 (45) Rule 40E-23.053, Florida Administrative Code, relating 475 to Criteria for Designation. 476 (46) Rule 40E-63.201, Florida Administrative Code, relating 477 to Scope. 478 (47) Rule 40E-63.211, Florida Administrative Code, relating 479 to Purpose. 480 (48) Rule 40E-63.212, Florida Administrative Code, relating 481 to Definitions. 482 (49) Rule 40E-63.223, Florida Administrative Code, relating 483 to Model to Quantify Annual Allocation of Replacement Water. 484 (50) Rule 40E-63.225, Florida Administrative Code, relating 485 to Delivery of Average Annual Allocation of Replacement Water. 486 Section 8. The following rules of the former Department of 487 Commerce are nullified and of no further force or effect: 488 (1) Rule 8K-1.001, Florida Administrative Code, relating to 489 Purpose. 490 (2) Rule 8K-1.002, Florida Administrative Code, relating to 491 Authority and Duties. 492 (3) Rule 8K-1.003, Florida Administrative Code, relating to 493 Members, Officers and Employees. 494 (4) Rule 8K-1.004, Florida Administrative Code, relating to 495 Meetings of the Board. 496 (5) Rule 8K-1.005, Florida Administrative Code, relating to 497 Notice of Meeting. 498 (6) Rule 8K-1.006, Florida Administrative Code, relating to 499 Records; Public Information. 500 (7) Rule 8K-1.007, Florida Administrative Code, relating to 501 Business Address and Hours. 502 (8) Rule 8K-1.008, Florida Administrative Code, relating to 503 Seal. 504 (9) Rule 8K-2.001, Florida Administrative Code, relating to 505 Purpose. 506 (10) Rule 8K-2.002, Florida Administrative Code, relating 507 to Definitions. 508 (11) Rule 8K-2.003, Florida Administrative Code, relating 509 to Application Procedure. 510 (12) Rule 8K-2.004, Florida Administrative Code, relating 511 to Board Investments; Type and Conditions. 512 (13) Rule 8K-2.005, Florida Administrative Code, relating 513 to Community Support. 514 (14) Rule 8K-2.006, Florida Administrative Code, relating 515 to Accountability. 516 (15) Rule 8K-2.007, Florida Administrative Code, relating 517 to Misuse of Funds; Penalty; Appeal. 518 (16) Rule 8K-2.008, Florida Administrative Code, relating 519 to Local Impact Projects. 520 (17) Rule 8K-2.009, Florida Administrative Code, relating 521 to Certified Corporations. 522 (18) Rule 8K-2.010, Florida Administrative Code, relating 523 to Investment Agreements. 524 (19) Rule 8M-1.001, Florida Administrative Code, relating 525 to Definitions. 526 (20) Rule 8M-1.002, Florida Administrative Code, relating 527 to Grant Applications. 528 (21) Rule 8M-1.003, Florida Administrative Code, relating 529 to Application Review. 530 (22) Rule 8M-1.004, Florida Administrative Code, relating 531 to Award of Grants. 532 (23) Rule 8M-2.001, Florida Administrative Code, relating 533 to Definitions. 534 (24) Rule 8M-2.002, Florida Administrative Code, relating 535 to Grant Applications. 536 (25) Rule 8M-2.003, Florida Administrative Code, relating 537 to Application Review. 538 (26) Rule 8M-2.004, Florida Administrative Code, relating 539 to Award of Grants. 540 (27) Rule 8M-3.001, Florida Administrative Code, relating 541 to Purpose. 542 (28) Rule 8M-3.002, Florida Administrative Code, relating 543 to Definitions. 544 (29) Rule 8M-3.003, Florida Administrative Code, relating 545 to Applications for Consideration. 546 (30) Rule 8M-3.004, Florida Administrative Code, relating 547 to Criteria for the Determination of Grant Award. 548 549 Note.—The rulemaking authority for Rules 8K-1.001 550 through 8K-1.008 and 8K-2.001 through 8K-2.010 was 551 abolished by section 3, chapter 2002-180, Laws of 552 Florida. No agency appears to have clear authority to 553 repeal such rules. 554 555 Note.—Rules 8K-1.001 and 8K-1.002 implemented ss. 556 288.707, 288.709, and 288.7091, Florida Statutes, 557 which were repealed by section 487, chapter 2011-142, 558 Laws of Florida, leaving the rules out of conformity 559 with the law to be implemented. 560 561 Note.—Rules 8K-1.003, 8K-1.004, 8K-1.005, 8K-1.006, 562 and 8K-1.007 implemented s. 288.707, F.S., which was 563 repealed by section 487, chapter 2011-142, Laws of 564 Florida, leaving the rules out of conformity with the 565 law to be implemented. 566 567 Note.—Rule 8K-1.008 implemented s. 288.709(2), Florida 568 Statutes, which was repealed by section 487, chapter 569 2011-142, Laws of Florida, leaving the rule out of 570 conformity with the law to be implemented. 571 572 Note.—Rules 8K-2.001, 8K-2.006, and 8K-2.007 573 implemented s. 288.711, Florida Statutes, which was 574 repealed by section 24, chapter 2007-157, Laws of 575 Florida, leaving the rules out of conformity with the 576 law to be implemented. 577 578 Note.—Rule 8K-2.002 implemented s. 288.707, Florida 579 Statutes, which was repealed by section 487, chapter 580 2011-142, Laws of Florida, and s. 288.711, Florida 581 Statutes, which was repealed by section 24, chapter 582 2007-157, Laws of Florida, leaving the rule out of 583 conformity with the laws to be implemented. 584 585 Note.—Rules 8K-2.003, 8K-2.004, 8K-2,009, and 8K-2.010 586 implemented ss. 288.71 and 288.711, Florida Statutes, 587 which were repealed by section 24, chapter 2007-157, 588 Laws of Florida, and s. 288.7091, Florida Statutes, 589 which was repealed by section 487, chapter 2011-142, 590 Laws of Florida, leaving the rules out of conformity 591 with the laws to be implemented. 592 593 Note.—Rules 8K-2.005 and 8K-2.008 implemented ss. 594 288.71 and 288.711, Florida Statutes, which were 595 repealed by section 24, chapter 2007-157, Laws of 596 Florida, leaving the rules out of conformity with the 597 laws to be implemented. 598 599 Note.—The rulemaking authority for Rules 8M-1.001 600 through 8M-1.004 and 8M-2.001 through 8M-2.004 was 601 abolished by section 154, chapter 96-320, Laws of 602 Florida. No agency appears to have clear authority to 603 repeal such rules. 604 605 Note.—Rules 8M-1.001 through 8M-1.004 implemented 606 chapters 91-157 and 91-272, Laws of Florida, which 607 were implementing bills for the 1991 General 608 Appropriations Act. When those laws expired July 1, 609 1992, the rules became out of conformity with the laws 610 to be implemented. 611 612 Note.—Rules 8M-2.001 through 8M-2.004 implemented s. 613 288.806, Florida Statutes, which was repealed by 614 section 154, chapter 96-320, Laws of Florida, leaving 615 the rules out of conformity with the laws to be 616 implemented. 617 618 Note.—The rulemaking authority for Rules 8M-3.001, 8M 619 3.002, 8M-3.003, and 8M-3.004 was abolished by section 620 133, chapter 96-320, Laws of Florida. These specific 621 rules implemented s. 311.11, Florida Statutes, which 622 was revised extensively by section 49, chapter 97-278, 623 Laws of Florida, leaving the rules out of conformity 624 with the laws to be implemented. No agency appears to 625 have clear authority to repeal such rules. 626 627 Section 9. (1) Effective July 1, 2013, the following rules 628 of the former Department of Health and Rehabilitative Services, 629 Health Program Office, are nullified and of no further force or 630 effect: 631 (a) Rule 10D-116.001, Florida Administrative Code, relating 632 to Purpose. 633 (b) Rule 10D-116.002, Florida Administrative Code, relating 634 to Definitions. 635 (c) Rule 10D-116.003, Florida Administrative Code, relating 636 to Department Responsibilities. 637 (d) Rule 10D-116.004, subsections (1), (2), and (3), 638 Florida Administrative Code, relating to Provider Hospital 639 Responsibilities. 640 (e) Rule 10D-116.005, Florida Administrative Code, relating 641 to Practice Parameters. 642 (f) Rule 10D-116.006, subsections (1), (2), and (3), 643 Florida Administrative Code, relating to Functions of Peer 644 Review Boards. 645 (2) Before the effective date of this section, the 646 Department of Health shall initiate rulemaking to readopt or 647 revise those portions of the rules which are necessary to 648 implement the affected statutes. 649 650 Note.—The rules in this section were adopted by the 651 former Department of Health and Rehabilitative 652 Services before the Type Two Transfer of 653 responsibility for public health matters to the 654 Department of Health by section 6, chapter 96-403, 655 Laws of Florida. Rules 10D-116.001, 10D-116.002, 10D 656 116.003, 10D-116.004, 10D-116.005, 10D-116.006, and 657 10D-116.007 implemented s. 383.336, Florida Statutes, 658 amended by section 77, chapter 99-8, Laws of Florida, 659 to authorize rulemaking by the Department of Health. 660 The abolition of responsibility for public health 661 matters in the former Department of Health and 662 Rehabilitative Services creates uncertainty about the 663 continued validity of these rules. Therefore, the 664 Department of Health should readopt or revise those 665 portions of the rules which remain necessary to 666 implement the agency’s statutory authority. 667 668 Note.—Rules 10D-116.001, 10D-116.002(4), 10D 669 116.002(5), 10D-116.002(6), 10D-116.003, and 10D 670 116.004 reiterate or paraphrase provisions of s. 671 383.336, Florida Statutes, and do not conform with the 672 requirements of ss. 120.536(1) and 120.545(1)(c), 673 Florida Statutes. 674 675 Note.—Rules 10D-116.002(2) and 10D-116.004(3) 676 interpret s. 383.336, Florida Statutes, with 677 references to the former Department of Health and 678 Rehabilitative Services or repealed statutes and do 679 not conform with the specific law to be implemented. 680 681 Section 10. The following rules of the former Department of 682 Health and Rehabilitative Services, Health Program Office, are 683 nullified and of no further force or effect: 684 (1) Rule 10D-116.004, subsection (4), Florida 685 Administrative Code, relating to Provider Hospital 686 Responsibilities, directing the making of reports to the Agency 687 for Health Care Administration. 688 (2) Rule 10D-116.006, subsection (4), Florida 689 Administrative Code, relating to Functions of Peer Review 690 Boards, stating the results of a review will not serve as 691 evidence in certain proceedings. 692 (3) Rule 10D-116.007, Florida Administrative Code, 693 assigning certain responsibilities to Agency for Health Care 694 Administration. 695 696 Note.—Rules 10D-116.004(4), 10D-116.006(4), and 10D 697 116.007 exceed the authority delegated in the specific 698 law to be implemented. 699 700 Section 11. (1) Effective July 1, 2013, the following rules 701 of the former Department of Health and Rehabilitative Services, 702 Health Program Office, are nullified and of no further force or 703 effect: 704 (a) Rule 10D-124.003, Florida Administrative Code, relating 705 to Payment of Scholarship Funds. 706 (b) Rule 10D-124.004, Florida Administrative Code, relating 707 to Placement of Nursing Scholars. 708 (2) Before the effective date of this section, the 709 Department of Health shall initiate rulemaking to readopt or 710 revise those portions of the rules which are necessary to 711 implement the affected statutes. 712 713 Note.—The rules in this section were adopted by the 714 former Department of Health and Rehabilitative 715 Services before the Type Two Transfer of 716 responsibility for public health matters to the 717 Department of Health by section 6, chapter 96-403, 718 Laws of Florida. The abolition of responsibility for 719 public health matters in the former Department of 720 Health and Rehabilitative Services raises a question 721 about the continued validity of these rules. Rules 722 10D-124.003 and 10D-124.004 implemented s. 240.4028, 723 Florida Statutes, which was repealed by section 1058, 724 chapter 2002-387, Laws of Florida. Therefore, the 725 Department of Health should readopt or revise those 726 portions of the rules which remain necessary to 727 implement the agency’s statutory authority. 728 729 Section 12. The following rules of the former Advisory 730 Council on Intergovernmental Relations are nullified and of no 731 further force or effect: 732 (1) Rule 37-1.001, Florida Administrative Code, relating to 733 General Authority. 734 (2) Rule 37-1.002, Florida Administrative Code, relating to 735 Composition of the Council. 736 (3) Rule 37-1.003, Florida Administrative Code, relating to 737 Council Officers. 738 (4) Rule 37-1.004, Florida Administrative Code, relating to 739 General Description of Council Organization and Operations. 740 (5) Rule 37-1.005, Florida Administrative Code, relating to 741 Council Functions and Duties. 742 (6) Rule 37-1.006, Florida Administrative Code, relating to 743 Council Recommendations. 744 (7) Rule 37-1.007, Florida Administrative Code, relating to 745 General Information Concerning Council, Its Record and 746 Proceedings. 747 (8) Rule 37-2.001, Florida Administrative Code, relating to 748 Notice of Meeting. 749 (9) Rule 37-2.002, Florida Administrative Code, relating to 750 Scheduling of Meetings. 751 (10) Rule 37-2.003, Florida Administrative Code, relating 752 to Meetings, Hearings; Intergovernmental Cooperation. 753 (11) Rule 37-2.004, Florida Administrative Code, relating 754 to Agenda of Meetings and Workshops. 755 (12) Rule 37-2.005, Florida Administrative Code, relating 756 to Emergency Meetings. 757 (13) Rule 37-2.006, Florida Administrative Code, relating 758 to Model Rules Application. 759 (14) Rule 37-3.001, Florida Administrative Code, relating 760 to Commencement of Proceeding. 761 (15) Rule 37-3.002, Florida Administrative Code, relating 762 to Notice of Proceeding, and the Proposed Rules. 763 (16) Rule 37-3.003, Florida Administrative Code, relating 764 to Petitions to Initiate Rule Making Proceedings. 765 (17) Rule 37-3.004 Florida Administrative Code, relating to 766 Agency Action on Petitions to Initiate Rule Making Proceedings. 767 (18) Rule 37-3.005, Florida Administrative Code, relating 768 to Rule Making Proceeding – Hearing. 769 (19) Rule 37-3.006, Florida Administrative Code, relating 770 to Description of Publication by Reference. 771 (20) Rule 37-3.007, Florida Administrative Code, relating 772 to Emergency Rule Hearing. 773 (21) Rule 37-3.008, Florida Administrative Code, relating 774 to Model Rules Application. 775 (22) Rule 37-4.001, Florida Administrative Code, relating 776 to General provisions pertaining to petition for declaratory 777 statement. 778 (23) Rule 37-4.002, Florida Administrative Code, relating 779 to Purpose and Use of Declaratory Statement. 780 (24) Rule 37-4.003, Florida Administrative Code, relating 781 to Council Disposition. 782 (25) Rule 37-5.001, Florida Administrative Code, relating 783 to Members Present Shall Vote. 784 (26) Rule 37-5.002, Florida Administrative Code, relating 785 to Quorum; Majority Action. 786 (27) Rule 37-5.003, Florida Administrative Code, relating 787 to Voting. 788 (28) Rule 37-5.004, Florida Administrative Code, relating 789 to Change of Vote. 790 (29) Rule 37-5.005, Florida Administrative Code, relating 791 to Casting Vote for Another. 792 (30) Rule 37-5.006, Florida Administrative Code, relating 793 to Explanation of Vote. 794 (31) Rule 37-5.007, Florida Administrative Code, relating 795 to Motions; How Made, Withdrawn. 796 (32) Rule 37-5.008, Florida Administrative Code, relating 797 to Motions; Precedence. 798 (33) Rule 37-5.009, Florida Administrative Code, relating 799 to Order of Questions. 800 (34) Rule 37-5.010, Florida Administrative Code, relating 801 to Motions; Disposition. 802 (35) Rule 37-5.011, Florida Administrative Code, relating 803 to Reconsideration: Generally. 804 (36) Rule 37-5.012, Florida Administrative Code, relating 805 to Motion to Lay on Table. 806 (37) Rule 37-5.013, Florida Administrative Code, relating 807 to Amendments; Manner of Consideration. 808 (38) Rule 37-5.014, Florida Administrative Code, relating 809 to Amendments; Adoption. 810 (39) Rule 37-5.015, Florida Administrative Code, relating 811 to Sequence of Amendments to Amendments. 812 (40) Rule 37-6.001, Florida Administrative Code, relating 813 to Interpretation of Rules. 814 (41) Rule 37-6.002, Florida Administrative Code, relating 815 to Waiver and Suspension of Rules. 816 (42) Rule 37-6.003, Florida Administrative Code, relating 817 to General provisions pertaining to construction of rules. 818 819 Note.—The rules in this section, comprising Title 37 820 of the Florida Administrative Code, were adopted by 821 the former Advisory Council on Intergovernmental 822 Relations, which was abolished by section 9, chapter 823 96-311, Laws of Florida. The rulemaking authority for 824 the above rules was abolished by section 9, chapter 825 96-311, Laws of Florida. The above rules variously 826 implemented ss. 120.53 and 120.54, Florida Statutes, 827 which were extensively revised by sections 9 and 10, 828 chapter 96-159, Laws of Florida, eliminating certain 829 provisions implemented by such rules, and ss. 163.703, 830 163.704, 163.705, 163.7055, 163.706, 163.707, and 831 163.708, Florida Statutes, which were repealed by 832 section 9, chapter 96-311, Laws of Florida. The 833 substance of these statutes was reenacted as s. 11.70, 834 Florida Statutes, by section 1, chapter 96-311, Laws 835 of Florida, which was repealed by section 3, chapter 836 2011-34, Laws of Florida, leaving the rules out of 837 conformity with the law to be implemented. No agency 838 appears to have clear authority to repeal such rules. 839 840 Section 13. The following rules of the former Department of 841 Labor and Employment Security are nullified and of no further 842 force or effect: 843 (1) Rule 38I-40.002, Florida Administrative Code, relating 844 to Definitions. 845 (2) Rule 38I-40.003, Florida Administrative Code, relating 846 to Identification of State-Owned Buildings and the Building 847 Asbestos Contact Person for Each Building. 848 (3) Rule 38I-40.004, Florida Administrative Code, relating 849 to Review and Approval of Building Asbestos Surveys Completed 850 Prior to January 1, 1989. 851 (4) Rule 38I-40.005, Florida Administrative Code, relating 852 to Review and Approval of Current Operation and Maintenance 853 Plans Implemented Prior to January 1, 1989. 854 (5) Rule 38I-40.006, Florida Administrative Code, relating 855 to Collection of Information Concerning Completed Asbestos 856 Abatement Work. 857 (6) Rule 38I-40.007, Florida Administrative Code, relating 858 to Standardization of Asbestos Management Activities. 859 (7) Rule 38I-40.008, Florida Administrative Code, relating 860 to Completion of Asbestos Surveys. 861 (8) Rule 38I-40.009, Florida Administrative Code, relating 862 to Preparation and Implementation of Asbestos Operation and 863 Maintenance Plans. 864 (9) Rule 38I-40.010, Florida Administrative Code, relating 865 to Agency Responsibilities for Management of Asbestos. 866 (10) Rule 38I-40.011, Florida Administrative Code, relating 867 to Building Asbestos Contact Person. 868 (11) Rule 38I-40.012, Florida Administrative Code, relating 869 to Asbestos Oversight Program Team. 870 (12) Rule 38I-40.013, Florida Administrative Code, relating 871 to Regional Asbestos Program Managers. 872 (13) Rule 38I-40.014, Florida Administrative Code, relating 873 to Training Requirements. 874 (14) Rule 38I-40.015, Florida Administrative Code, relating 875 to Safety and Health Requirements. 876 (15) Rule 38I-40.016, Florida Administrative Code, relating 877 to Standard Technical Specifications and Guides. 878 879 Note.—The rulemaking authority for the above rules was 880 abolished by section 35, chapter 2011-213, Laws of 881 Florida. No agency appears to have clear authority to 882 repeal such rules. 883 884 Note.—Rules 38I-40.002 and 38I-40.003 implemented s. 885 255.554, Florida Statutes, which was repealed by 886 section 10, chapter 99-5, Laws of Florida, and ss. 887 255.552 and 255.553, Florida Statutes, which were 888 repealed by section 35, chapter 2011-213, Laws of 889 Florida, leaving the rules out of conformity with the 890 laws to be implemented. 891 892 Note.—Rule 38I-40.004 implemented s. 255.554, Florida 893 Statutes, which was repealed by section 10, chapter 894 99-5, Laws of Florida, and ss. 255.552, 255.553, and 895 255.556, Florida Statutes, which were repealed by 896 section 35, chapter 2011-213, Laws of Florida, leaving 897 the rule out of conformity with the laws to be 898 implemented. 899 900 Note.—Rules 38I-40.005, 38I-40.008, and 38I-40.009 901 implemented ss. 255.552 and 255.557, Florida Statutes, 902 which were repealed by section 35, chapter 2011-213, 903 Laws of Florida, leaving the rules out of conformity 904 with the laws to be implemented. 905 906 Note.—Rule 38I-40.006 implemented s. 255.552, Florida 907 Statutes, which was repealed by section 35, chapter 908 2011-213, Laws of Florida, leaving the rule out of 909 conformity with the law to be implemented. 910 911 Note.—Rules 38I-40.007 and 38I-40.010 implemented ss. 912 255.552, 255.553, 255.555, 255.556, and 255.557, 913 Florida Statutes, which were repealed by section 35, 914 chapter 2011-213, Laws of Florida, leaving the rules 915 out of conformity with the laws to be implemented. 916 917 Note.—Rule 38I-40.011 implemented s. 255.554, Florida 918 Statutes, which was repealed by section 10, chapter 919 99-5, Laws of Florida, and ss. 255.552, 255.553, 920 255.555, and 255.557, Florida Statutes, which were 921 repealed by section 35, chapter 2011-213, Laws of 922 Florida, leaving the rule out of conformity with the 923 laws to be implemented. 924 925 Note.—Rule 38I-40.012 implemented s. 255.565, Florida 926 Statutes, which was repealed by section 15, chapter 927 2001-89, Laws of Florida, leaving the rule out of 928 conformity with the law to be implemented. 929 930 Note.—Rule 38I-40.013 implemented s. 255.554, Florida 931 Statutes, which was repealed by section 10, chapter 932 99-5, Laws of Florida, and ss. 255.552, 255.553, 933 255.557, 255.561, and 255.562, Florida Statutes, which 934 were repealed by section 35, chapter 2011-213, Laws of 935 Florida, leaving the rule out of conformity with the 936 laws to be implemented. 937 938 Note.—Rule 38I-40.014 implemented s. 255.565, Florida 939 Statutes, which was repealed by section 15, chapter 940 2001-89, Laws of Florida, and s. 255.552, Florida 941 Statutes, which was repealed by section 35, chapter 942 2011-213, Laws of Florida, leaving the rule out of 943 conformity with the laws to be implemented. 944 945 Note.—Rule 38I-40.015 implemented s. 255.561, Florida 946 Statutes, which was repealed by section 35, chapter 947 2011-213, Laws of Florida, leaving the rule out of 948 conformity with the law to be implemented. 949 950 Note.—Rule 38I-40.016 implemented ss. 255.552, 951 255.553, 255.557, 255.558, 255.559, 255.56, 255.561, 952 and 255.562, Florida Statutes, which were repealed by 953 section 35, chapter 2011-213, Laws of Florida, leaving 954 the rule out of conformity with the laws to be 955 implemented. 956 957 Section 14. (1) Effective July 1, 2013, the following rules 958 of the former Department of Labor and Employment Security are 959 nullified and of no further force or effect: 960 (a) Rule 38J-1.001, Florida Administrative Code, relating 961 to Recovery From Third Parties. 962 (b) Rule 38J-1.002, Florida Administrative Code, relating 963 to Definitions. 964 (c) Rule 38J-1.003, Florida Administrative Code, relating 965 to Right to Make Informed Choice. 966 (d) Rule 38J-1.004, Florida Administrative Code, relating 967 to Division Services – General. 968 (e) Rule 38J-1.005, Florida Administrative Code, relating 969 to Additional Requirements for Providing Certain Services. 970 (f) Rule 38J-1.006, Florida Administrative Code, relating 971 to Division Decisions and Appeal Procedures. 972 (g) Rule 38J-1.007, Florida Administrative Code, relating 973 to Case Closure due to individual’s actions. 974 (h) Rule 38J-1.008, Florida Administrative Code, relating 975 to Destruction of Records. 976 (i) Rule 38J-1.009, Florida Administrative Code, relating 977 to Forms and Documents. 978 (2) Before the effective date of this section, the 979 Department of Education shall initiate rulemaking to readopt or 980 revise those portions of the rules which are necessary to 981 implement the affected statutes. 982 983 Note.—The rules in this section were adopted by the 984 former Department of Labor and Employment Security, 985 which was abolished by section 69, chapter 2002-194, 986 Laws of Florida. The Division of Vocational 987 Rehabilitation was placed under the Department of 988 Education by section 1, chapter 2002-22, Laws of 989 Florida, without a clear accompanying transfer of 990 these rules, leaving the rules out of conformity with 991 the law to be implemented. While no agency appears to 992 have clear authority to repeal such rules, the laws 993 implemented remain under the jurisdiction of the 994 Department of Education. Therefore, the Department of 995 Education should readopt or revise those portions of 996 the rules which remain necessary to implement the 997 agency’s statutory authority. 998 999 Section 15. Upon this act becoming a law, its enactment and 1000 effective dates shall be noted in the Florida Administrative 1001 Code or the Florida Administrative Weekly or both, as 1002 appropriate with an appropriate notice that the rules listed in 1003 sections 3-14 of this act have been repealed by law. The 1004 administrative rules nullified by this act shall be treated as 1005 repealed for purposes of all future editions of the Florida 1006 Administrative Code. The provisions of sections 3-14 of this act 1007 serve no other purpose and shall not be codified in the Florida 1008 Statutes. This act does not alter rulemaking authority delegated 1009 or withdrawn by previous law. 1010 Section 16. This act shall take effect 60 days after 1011 becoming a law.