Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1696
       
       
       
       
       
       
                                Barcode 218922                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/09/2013           .                                
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       The Committee on Governmental Oversight and Accountability
       (Hays) recommended the following:
       
    1         Senate Amendment to Amendment (681624) (with title
    2  amendment)
    3  
    4         Delete lines 786 - 829
    5  and insert:
    6         Section 10. Section 120.695, Florida Statutes, is amended
    7  to read:
    8         120.695 Notice of noncompliance.—
    9         (1) It is the policy of the state that the purpose of
   10  regulation is to protect the public by attaining compliance with
   11  the policies established by the Legislature. Fines and other
   12  penalties may be provided in order to assure compliance;
   13  however, the collection of fines and the imposition of penalties
   14  are intended to be secondary to the primary goal of attaining
   15  compliance with an agency’s rules. It is the intent of the
   16  Legislature that an agency charged with enforcing rules shall
   17  issue a notice of noncompliance as its first response to a minor
   18  violation of a rule in any instance in which it is reasonable to
   19  assume that the violator was unaware of the rule or unclear as
   20  to how to comply with it.
   21         (2)(a) Each agency shall issue a notice of noncompliance as
   22  a first response to a minor violation of a rule. A “notice of
   23  noncompliance” is a notification by the agency charged with
   24  enforcing the rule issued to the person or business subject to
   25  the rule. A notice of noncompliance may not be accompanied with
   26  a fine or other disciplinary penalty. It must identify the
   27  specific rule that is being violated, provide information on how
   28  to comply with the rule, and specify a reasonable time for the
   29  violator to comply with the rule. A rule is agency action that
   30  regulates a business, occupation, or profession, or regulates a
   31  person operating a business, occupation, or profession, and
   32  that, if not complied with, may result in a disciplinary
   33  penalty.
   34         (b) Each agency shall review all of its rules and designate
   35  those for which a violation would be a minor violation and for
   36  which a notice of noncompliance must be the first enforcement
   37  action taken against a person or business subject to regulation.
   38  A violation of a rule is a minor violation if it does not result
   39  in economic or physical harm to a person or adversely affect the
   40  public health, safety, or welfare or create a significant threat
   41  of such harm. If an agency under the direction of a cabinet
   42  officer mails to each licensee a notice of the designated rules
   43  at the time of licensure and at least annually thereafter, the
   44  provisions of paragraph (a) may be exercised at the discretion
   45  of the agency. Such notice shall include a subject-matter index
   46  of the rules and information on how the rules may be obtained.
   47         (c)The agency’s review and designation must be completed
   48  by December 1, 1995;
   49         1.No later than June 30, 2014, and, thereafter, within 3
   50  months of any request of the rules ombudsman, each agency shall
   51  review under the direction of the Governor shall make a report
   52  to the Governor, and each agency under the joint direction of
   53  the Governor and Cabinet shall report to the Governor and
   54  Cabinet by January 1, 1996, on which of its rules have been
   55  designated as rules the violation of which would be a minor
   56  violation and certify to the President of the Senate, the
   57  Speaker of the House of Representatives, the committee, and the
   58  rules ombudsman those rules for which a violation would be
   59  considered a minor violation under this paragraph, consistent
   60  with the legislative intent stated in subsection (1). Each
   61  agency that fails to timely complete the review and file the
   62  certification as required by this section is prohibited from
   63  imposing any sanction greater than the minimum authorized by law
   64  for an initial minor violation until the agency completes and
   65  files the required certification.
   66         2.Beginning on July 1, 2014, each agency shall:
   67         a.Publish all rules of that agency designated as rules the
   68  violation of which would be a minor violation, either as a
   69  complete list on the agency’s Internet webpage or by
   70  incorporation of the designations in the agency’s disciplinary
   71  guidelines adopted as a rule.
   72         b.Ensure that all investigative and enforcement personnel
   73  are knowledgeable of the agency’s designations under this
   74  section.
   75         c.For each rule filed for adoption, certify whether any
   76  part of the rule is designated as one the violation of which
   77  would be a minor violation and shall update the listing required
   78  by sub-subparagraph a.
   79         (c)(d) The Governor or the Governor and Cabinet, as
   80  appropriate pursuant to paragraph (c), may evaluate the review
   81  and designation effects of each agency subject to the direction
   82  and supervision of such authority and may direct apply a
   83  different designation than that applied by such the agency.
   84         (d)(e)Notwithstanding s. 120.52(1)(a), this section does
   85  not apply to:
   86         1.The Department of Corrections;
   87         2.Educational units;
   88         3. The regulation of law enforcement personnel; or
   89         4.The regulation of teachers.
   90         (e)(f) Designation pursuant to this section is not subject
   91  to challenge under this chapter.
   92  
   93  ================= T I T L E  A M E N D M E N T ================
   94         And the title is amended as follows:
   95         Delete lines 996 - 998
   96  and insert:
   97         amending s. 120.695, F.S.; providing for the
   98         designation of minor violations; requiring agency
   99         review and certification rules, a violation of which
  100         would be considered a minor violation, by a certain
  101         date; providing sanctions for failure to provide
  102         certification; requiring certification of minor
  103         violation status for rules adopted after a certain
  104         date; requiring public notice; providing certain
  105         exclusions; amending ss.