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The Florida Senate

2004 Florida Statutes

Administrative Procedures Committee; creation; membership; powers; duties.
Section 11.60, Florida Statutes 2004

11.60  Administrative Procedures Committee; creation; membership; powers; duties.--

(1)  There is created a joint standing committee of the Legislature designated as the "Administrative Procedures Committee," composed of six members appointed as follows: three members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be a member of the minority party; and three members of the Senate appointed by the President of the Senate, one of whom shall be a member of the minority party. The president shall appoint the chair in even years and the vice chair in odd years, and the speaker shall appoint the chair in odd years and the vice chair in even years, from among the committee membership. Vacancies shall be filled in the same manner as the original appointment. Members shall serve without additional compensation, but shall be reimbursed for expenses.

(2)  The committee shall:

(a)  Maintain a continuous review of the statutory authority on which each administrative rule is based and, whenever such authority is eliminated or significantly changed by repeal, amendment, holding by a court of last resort, or other factor, advise the agency concerned of the fact.

(b)  Maintain a continuous review of administrative rules and identify and request an agency to repeal any rule or any provision of any rule which reiterates or paraphrases any statute or for which the statutory authority has been repealed.

(c)  Review administrative rules and advise the agencies concerned of its findings.

(d)  Have the duties prescribed by chapter 120 concerning the adoption and promulgation of rules.

(e)  Generally review agency action pursuant to the operation of the Administrative Procedure Act.

(f)  Report to the Legislature at least annually, no later than the first week of the regular session, and recommend needed legislation or other appropriate action. Such report shall include the number of objections voted by the committee, the number of suspensions recommended by the committee, the number of administrative determinations filed on the invalidity of a proposed or existing rule, the number of petitions for judicial review filed on the invalidity of a proposed or existing rule, and the outcomes of such actions.

(g)  Consult regularly with legislative standing committees which have jurisdiction over the subject areas addressed in agency proposed rules regarding legislative authority for the proposed rules and other matters relating to legislative authority for agency action.

(h)  Adopt rules and regulations necessary for its own organization and operation and for that of its staff, consistent with general law and the rules of each house.

(i)  Appoint an executive director and general counsel, by majority vote of the members of the committee, and fill any vacancy in that office in the same manner.

(j)  Have general administrative responsibility for the operations of its staff.

(k)  Have standing to seek judicial review, on behalf of the Legislature or the citizens of this state, of the validity or invalidity of any administrative rule to which the committee has voted an objection and which has not been withdrawn, modified, repealed, or amended to meet the objection. Judicial review under this paragraph shall not be initiated until the Governor and the agency head of the agency making the rule to which the committee has objected have been notified of the committee's proposed action and have been given a reasonable opportunity, not to exceed 60 days, for consultation with the committee. The committee is authorized to expend public funds from its appropriation for the purpose of seeking judicial review.

(l)  Maintain a continuous review of the administrative rulemaking process, including a review of agency procedure and of complaints based on such agency procedure.

(m)  Establish measurement criteria to evaluate whether agencies are complying with the delegation of legislative authority in adopting and implementing rules.

(3)  Expenses required for the work of the committee shall be included in and paid from the appropriation for legislative expense.

(4)  The committee shall undertake and maintain a systematic and continuous review of statutes that authorize agencies to adopt rules and shall make recommendations to the appropriate standing committees of the Senate and the House of Representatives as to the advisability of considering changes to the delegated legislative authority to adopt rules in specific circumstances. The annual report submitted pursuant to paragraph (2)(f) shall include a schedule for the required systematic review of existing statutes, a summary of the status of this review, and any recommendations provided to the standing committees during the preceding year.

History.--s. 2, ch. 74-310; s. 1, ch. 77-453; s. 2, ch. 79-400; s. 4, ch. 80-391; s. 3, ch. 91-429; s. 6, ch. 92-166; s. 24, ch. 95-147; s. 2, ch. 96-159.