Florida Senate - 2016                                    SB 1150
       
       
        
       By Senator Bean
       
       4-01313-16                                            20161150__
    1                        A bill to be entitled                      
    2         An act relating to legislative reauthorization of
    3         agency rulemaking authority; amending s. 120.536,
    4         F.S.; providing for suspension of certain rulemaking
    5         authority after a specified period, until reauthorized
    6         by general law; providing for expiration of such
    7         reauthorization after a specified period; providing
    8         for suspension of rulemaking authority upon expiration
    9         of its reauthorization, until reauthorized by general
   10         law; requiring legislative ratification of rules
   11         adopted while rulemaking authority is suspended;
   12         authorizing the Governor to delay suspension of
   13         rulemaking authority for a specified period upon
   14         declaration of a public necessity; providing
   15         exceptions; providing applicability; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsections (2) through (4) of section 120.536,
   21  Florida Statutes, are renumbered as subsections (3) through (5),
   22  respectively, and a new subsection (2) is added to that section,
   23  to read:
   24         120.536 Rulemaking authority; reauthorization; repeal;
   25  challenge.—
   26         (2)(a) Notwithstanding any other provision of law, and
   27  except as provided in paragraph (d), any new rulemaking
   28  authority is suspended 3 years after the effective date of the
   29  law authorizing rulemaking until reauthorized by general law.
   30  Any rulemaking authority effective on or before July 1, 2016, is
   31  suspended July 1, 2019, until reauthorized by general law.
   32         (b) A reauthorization of rulemaking authority remains in
   33  effect for 3 years, unless another date is specified in the law
   34  reauthorizing rulemaking, after which the reauthorization
   35  expires and the rulemaking authority is suspended until
   36  reauthorized by general law.
   37         (c) During the suspension of any rulemaking authority under
   38  this subsection, a rule may be adopted pursuant to such
   39  rulemaking authority but does not take effect unless ratified by
   40  the Legislature. Upon written declaration by the Governor of a
   41  public necessity, suspension of any rulemaking authority may be
   42  delayed for up to 90 days, allowing the Legislature an
   43  opportunity to reauthorize the rulemaking authority. A
   44  declaration of public necessity may be issued only once with
   45  respect to any suspension of rulemaking authority.
   46         (d) This subsection does not apply to:
   47         1. Emergency rulemaking pursuant to s. 120.54(4).
   48         2. Rulemaking necessary to maintain the financial or legal
   49  integrity of any financial obligation of the state or its
   50  agencies or political subdivisions.
   51         (e) Rules lawfully adopted remain in effect during any
   52  suspension of rulemaking authority under this subsection.
   53         Section 2. This act shall take effect July 1, 2016.