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    7         that are no longer in effect; nullifying specific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   33  provisions repealed and no other provision of law nullifies the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         120.555Summary 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.