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.