CS/SB 1440: Administrative Procedures
GENERAL BILL by Natural Resources ; Latvala
Administrative Procedures; authorizes DEP to issue certain special activity licenses; requires Administration Commission to adopt uniform rules of procedure for certain administrative hearings; provides requirements; restates rulemaking authority for numerous state officers, departments, divisions, boards, & other entities; provides specific rulemaking authority for regulation of nets & boats of specific length, etc. Amends FS.
Effective Date: 07/01/1998
Last Action: 5/24/1998 - Became Law without Governor's Signature; Chapter No. 98-200; See also CS/SB 846 (Ch. 98-105)
Bill Text: Web Page | PDF
Last Action: 5/24/1998 - Became Law without Governor's Signature; Chapter No. 98-200; See also CS/SB 846 (Ch. 98-105)
Bill Text: Web Page | PDF
Bill History
| Date | Chamber | Action |
|---|---|---|
| 2/23/1998 | Senate |
• Prefiled |
| 2/26/1998 | Senate |
• Referred to Natural Resources |
| 3/3/1998 | Senate |
• Introduced, referred to Natural Resources -SJ 00089 |
| 3/10/1998 | Senate |
• On Committee agenda-- Natural Resources, 03/13/98, 9:00 am, Room-A(LL-37) --Temporarily postponed |
| 3/16/1998 | Senate |
• On Committee agenda-- Natural Resources, 03/19/98, 10:30 am, Room-A(LL-37) --Temporarily postponed |
| 3/30/1998 | Senate |
• On Committee agenda-- Natural Resources, 04/02/98, 9:00 am, Room-A(LL-37) |
| 4/2/1998 | Senate |
• Comm. Action:-CS by Natural Resources -SJ 00408; CS read first time on 04/08/98 -SJ 00412 |
| 4/6/1998 | Senate |
• Placed on Calendar -SJ 00408 |
| 4/22/1998 | Senate |
• Placed on Special Order Calendar -SJ 00813 |
| 4/23/1998 | Senate |
• Placed on Special Order Calendar -SJ 00813; Read second time -SJ 00842 |
| 4/24/1998 | Senate |
• Read third time -SJ 00883; CS passed; YEAS 37 NAYS 0 -SJ 00883; Immediately certified -SJ 00883 |
| 4/24/1998 | House |
• In Messages |
| 4/28/1998 | House |
• Received -HJ 01550; In Governmental Responsibility Council, pending ranking -HJ 01550 |
| 4/29/1998 | House |
• Substituted for HB 4791 -HJ 01591; Read second time -HJ 01591; Amendment(s) adopted -HJ 01591; Read third time -HJ 01617; CS passed as amended; YEAS 115 NAYS 0 -HJ 01617 |
| 4/29/1998 | Senate |
• In returning messages |
| 5/1/1998 | Senate |
• Was taken up -SJ 01583; Amendment(s) to House amendment(s) adopted -SJ 01608; Concurred in House amendment(s) as amended -SJ 01608; Requested House to concur -SJ 01608; CS passed as amended; YEAS 39 NAYS 0 -SJ 01608 |
| 5/1/1998 | House |
• In returning messages; Concurred -HJ 02202; CS passed as amended; YEAS 118 NAYS 0 -HJ 02203 |
| 5/1/1998 | Senate |
• Ordered engrossed, then enrolled -SJ 01818 |
| 5/8/1998 |
• Signed by Officers and presented to Governor |
|
| 5/24/1998 |
• Became Law without Governor's Signature; Chapter No. 98-200; See also CS/SB 846 (Ch. 98-105) |
Related Bills
| Bill Number | Subject | Filed By | Relationship | Last Action and Location |
|---|---|---|---|---|
| H 1509 (e1) | Administrative Procedures | Spratt | Similar | Last Action: 5/1/1998 S Died in Messages, Iden./Sim./Compare Bill(s) passed, refer to CS/SB 1440 (Ch. 98-200) |
| S 2240 (c1) | Rulemaking Authority | Williams | Similar | Last Action: 5/1/1998 S Died on Calendar, Iden./Sim./Compare Bill(s) passed, refer to CS/SB 1440 (Ch. 98-200) |
| H 1491 | Saltwater Plants & Animals | Horan | Compare | Last Action: 3/18/1998 H Withdrawn from Business Regulation & Consumer Affairs (EIC); Withdrawn from further cons.,Iden/Sim/Compare Bill(s) passed, refer to CS/HB 715 (Ch. 97-160), CS/CS/HB 1119 (Ch. 97-164), CS/HB 3673 (Ch. 98-333), CS/SB 1440 (Ch. 98-200) -HJ 00248 |
| H 3779 (e1) | Saltwater Fisheries | Kelly | Compare | Last Action: 4/29/1998 H Senate Bill substituted; Laid on Table, Iden./Sim./Compare Bill(s) passed, refer to CS/SB 1506 (Ch. 98-203); See also CS/HB 3673 (Ch. 98-333), CS/SB 1440 (Ch. 98-200) -HJ 01591 |
| H 4765 (e2) | Transportation | Fuller | Compare | Last Action: 5/1/1998 H In returning messages; Died in returning Messages, Iden./Sim./Compare Bill(s) passed refer to HB 3275 (Ch. 98-223), CS/HB 3345 (Ch. 98-324), CS/SB 846 (Ch. 98-105), CS/SB 1440 (Ch. 98-200) |
| H 4791 | Marine Resources Rulemaking | Water & Resource Management | Compare | Last Action: 4/29/1998 H Senate Bill substituted; Laid on Table, Iden./Sim./Compare Bill(s) passed, refer to CS/SB 1440 (Ch. 98-200) -HJ 01591 |
| S 846 (c1) | Hargrett | Compare | Last Action: 5/22/1998 Became Law without Governor's Signature; Chapter No. 98-105; See also CS/SB 1440 (Ch. 98-200) | |
| S 1924 (c1) | Aquaculture | Bronson | Compare | Last Action: 4/29/1998 S Placed on Special Order Calendar -SJ 01092; Read second time -SJ 01213; Amendment(s) adopted -SJ 01213; House Bill substituted -SJ 01214; Laid on Table, Iden./Sim./Compare Bill(s) passed, refer to CS/HB 3673 (Ch. 98-333); See also CS/SB 1440 (Ch. 98-200), CS/SB 1506 (Ch. 98-203) |
Bill Text
| Version | Posted | Format |
|---|---|---|
| S 1440 Filed | 2/26/1998 2:40 AM | Web Page | PDF |
| S 1440 c1 | 4/7/1998 1:39 AM | Web Page | PDF |
| S 1440 e1 | 5/5/1998 1:23 AM | Web Page | PDF |
| S 1440 er | 5/5/1998 1:26 AM | Web Page | PDF |
Committee Amendments
No Committee Amendments Available
651971 - Amendment to Amendment (465577) Bill Analyses
| Type | Analysis | Author | Posted | Format |
|---|---|---|---|---|
| Bill Analysis | S 1440 | Natural Resources (Post-Meeting) | 4/2/1998 12:00 AM | |
| House Message Summary | S 1440 | Senate | 4/29/1998 12:00 AM |
Vote History - Committee
No Committee Vote History AvailableVote History - Floor
| Vote | Date | Chamber | Result |
|---|---|---|---|
| S 1440 c1 | 4/24/1998 10:12 AM | Senate | 37 Yeas - 0 Nays |
| S 1440 c1 | 4/29/1998 11:54 AM | House | 115 Yeas - 0 Nays |
| S 1440 c1 | 5/1/1998 11:04 AM | Senate | 39 Yeas - 0 Nays |
| S 1440 c1 | 5/1/1998 4:21 PM | House | 118 Yeas - 0 Nays |
Citations - Statutes (232)
| Citation | Catchline | Location in Bill Location In Bill Help |
|---|---|---|
| 14.202 | Administration Commission. | |
| 17.29 | Authority to prescribe rules. | |
| 18.22 | Rules and regulations. | |
| 20.171 | Department of Labor and Employment Security. | |
| 63.233 | Rulemaking authority. | |
| 120.54 | Rulemaking. | |
| 120.569 | Decisions which affect substantial interests. | |
| 120.57 | Additional procedures for particular cases. | |
| 175.341 | Duties of Division of Retirement; rulemaking authority; investments by the State Board of Administration. | |
| 177.504 | Powers and duties of the department. | |
| 185.23 | Duties of Division of Retirement; rulemaking; investment by State Board of Administration. | |
| 198.08 | Rules and regulations. | |
| 199.202 | Administration of law; rules. | |
| 201.11 | Administration of law by Department of Revenue. | |
| 207.011 | Inspection of records; hearings; forms; rules. | |
| 210.10 | General powers of the Division of Alcoholic Beverages and Tobacco. | |
| 210.75 | Administration. | |
| 212.17 | Credits for returned goods, rentals, or admissions; additional powers of department. | |
| 212.18 | Administration of law; registration of dealers; rules. | |
| 213.06 | Rules of department; circumstances requiring emergency rules. | |
| 215.62 | Division of Bond Finance. | |
| 215.95 | Financial Management Information Board. | |
| 217.14 | Adoption of rules and regulations. | |
| 220.182 | Enterprise zone property tax credit. | |
| 220.183 | Community contribution tax credit. | |
| 229.053 | General powers of state board. | |
| 229.515 | Rules and standards have force of law. | |
| 230.22 | General powers of school board. | |
| 230.32 | General powers of superintendents. | |
| 231.261 | Education Practices Commission; organization. | |
| 235.01 | Purpose; rules. | |
| 240.209 | Board of Regents; powers and duties. | |
| 240.227 | University presidents; powers and duties. | |
| 240.311 | State Board of Community Colleges; powers and duties. | |
| 240.319 | Community college district boards of trustees; duties and powers. | |
| 242.331 | Florida School for the Deaf and the Blind; board of trustees. | |
| 246.041 | Powers and duties of board. | |
| 246.051 | Administration by board. | |
| 246.071 | Rules of State Board of Independent Colleges and Universities. | |
| 246.207 | Powers and duties of board. | |
| 246.213 | Power of State Board of Education. | |
| 253.03 | Board of trustees to administer state lands; lands enumerated. | |
| 253.73 | Rules and regulations; ss. 253.67-253.75. | |
| 257.14 | Division of Library and Information Services; rules. | |
| 258.007 | Powers of division. | |
| 258.011 | Rules and regulations for certain parks. | |
| 258.43 | Rules and regulations. | |
| 259.035 | Advisory council; powers and duties. | |
| 259.041 | Acquisition of state-owned lands for preservation, conservation, and recreation purposes. | |
| 265.284 | Chief cultural officer; director of division; powers and duties. | |
| 265.605 | Cultural Endowment Program; rulemaking. | |
| 267.031 | Division of Historical Resources. | |
| 280.19 | Rules. | |
| 284.17 | Rules and regulations. | |
| 288.709 | Powers of the Florida Black Business Investment Board. | |
| 292.05 | Duties of Department of Veterans' Affairs. | |
| 310.151 | Rates of pilotage; Pilotage Rate Review Board. | |
| 310.185 | Rulemaking. | |
| 319.17 | Rules; forms; indexes and records. | |
| 320.011 | Administration and enforcement; rules. | |
| 320.69 | Rules and regulations. | |
| 320.824 | Rules and regulations, changes and modifications of standards. | |
| 324.042 | Administration. | |
| 326.003 | Administration. | |
| 327.04 | Rules and regulations. | |
| 330.29 | Administration and enforcement; rules; standards for airport sites and airports. | |
| 334.044 | Department; powers and duties. | |
| 339.175 | Metropolitan planning organization. | |
| 350.127 | Penalties; rules; execution of contracts. | |
| 366.05 | Powers. | |
| 367.121 | Powers of commission. | |
| 368.05 | Commission jurisdiction, rules and regulations. | |
| 369.20 | Florida Aquatic Weed Control Act. | |
| 369.22 | Nonindigenous aquatic plant control. | |
| 369.251 | Invasive nonnative plants; prohibitions; study; removal; rules. | |
| 370.021 | Administration; rules, publications, records; penalty for violation of chapter; injunctions. | |
| 370.06 | Licenses. | |
| 370.092 | Carriage of proscribed nets across Florida waters. | |
| 370.093 | Illegal use of nets. | |
| 370.12 | Marine animals; regulation. | |
| 370.15 | Shrimp; regulation. | |
| 373.043 | Adoption and enforcement of regulations by the department. | |
| 373.044 | Rules and regulations; enforcement; availability of personnel rules. | |
| 373.113 | Adoption of regulations by the governing board. | |
| 373.171 | Rules and regulations. | |
| 373.337 | Rules. | |
| 373.418 | Rulemaking; preservation of existing authority. | |
| 376.07 | Regulatory powers of department; penalties for inadequate booming by terminal facilities. | |
| 377.22 | Rules, regulations, and orders. | |
| 377.703 | Additional functions of the Department of Community Affairs; energy emergency contingency plan; federal and state conservation programs. | |
| 378.205 | Administration; powers and duties of the department; agency review responsibility. | |
| 378.404 | Department of Environmental Protection; powers and duties. | |
| 380.05 | Areas of critical state concern. | |
| 380.0651 | Statewide guidelines and standards. | |
| 381.0011 | Duties and powers of the Department of Health. | |
| 384.33 | Rules. | |
| 391.026 | Powers and duties of the department. | |
| 392.66 | Rules. | |
| 394.879 | Rules; enforcement. | |
| 395.1055 | Rules and enforcement. | |
| 403.061 | Department; powers and duties. | |
| 403.1835 | Sewage treatment facilities revolving loan program. | |
| 403.504 | Department of Environmental Protection; powers and duties enumerated. | |
| 403.523 | Department of Environmental Protection; powers and duties. | |
| 403.704 | Powers and duties of the department. | |
| 403.716 | Training of operators of solid waste management and other facilities. | |
| 403.805 | Secretary; powers and duties. | |
| 403.861 | Department; powers and duties. | |
| 403.869 | Authority to adopt rules. | |
| 403.9404 | Department of Environmental Protection; powers and duties. | |
| 406.04 | Rules and regulations. | |
| 408.15 | Powers of the agency. | |
| 414.45 | Rulemaking. | |
| 427.013 | The Commission for the Transportation Disadvantaged; purpose and responsibilities. | |
| 430.08 | Rulemaking. | |
| 440.591 | Administrative procedure; rulemaking authority. | |
| 443.171 | Division and commission; powers and duties; rules; advisory council; records and reports. | |
| 455.203 | Department; powers and duties. | |
| 455.521 | Department; powers and duties. | |
| 457.104 | Authority to make rules. | |
| 458.309 | Authority to make rules. | |
| 459.005 | Authority to make rules. | |
| 460.405 | Authority to make rules. | |
| 461.005 | Authority to make rules. | |
| 463.005 | Authority of the board. | |
| 464.006 | Authority to make rules. | |
| 465.005 | Authority to make rules. | |
| 465.022 | Pharmacies; general requirements; fees. | |
| 466.004 | Board of Dentistry. | |
| 466.038 | Rules. | |
| 467.005 | Authority to make rules. | |
| 468.1135 | Board of Speech-Language Pathology and Audiology. | |
| 468.1685 | Powers and duties of board and department. | |
| 468.204 | Authority to adopt rules. | |
| 468.384 | Florida Board of Auctioneers. | |
| 468.402 | Duties of the department; authority to issue and revoke license; adoption of rules. | |
| 468.507 | Authority to adopt rules. | |
| 468.522 | Rules of the board. | |
| 468.606 | Authority of the board. | |
| 468.705 | Rulemaking authority. | |
| 468.802 | Authority to adopt rules. | |
| 470.005 | Rulemaking authority of board and department. | |
| 471.008 | Rules of the board. | |
| 472.008 | Rules of the board. | |
| 473.304 | Rules of board; powers and duties; legal services. | |
| 474.206 | Authority to make rules. | |
| 475.05 | Power of commission to enact bylaws, rules, and regulations and decide questions of practice. | |
| 475.614 | Power of board to enact rules and decide questions of practice. | |
| 476.064 | Organization; headquarters; personnel; meetings. | |
| 477.016 | Rulemaking. | |
| 478.43 | Board of Medicine; powers and duties. | |
| 480.035 | Board of Massage Therapy. | |
| 481.2055 | Authority to make rules. | |
| 481.306 | Authority to make rules. | |
| 482.051 | Rules. | |
| 483.805 | Board of Clinical Laboratory Personnel. | |
| 484.005 | Authority to make rules. | |
| 484.044 | Authority to make rules. | |
| 486.025 | Powers and duties of the Board of Physical Therapy Practice. | |
| 488.02 | Rules and regulations. | |
| 489.108 | Rulemaking authority of the board. | |
| 489.507 | Electrical Contractors' Licensing Board. | |
| 490.004 | Board of Psychology. | |
| 491.004 | Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling. | |
| 492.104 | Authority to make rules. | |
| 494.0011 | Powers and duties of the department. | |
| 496.424 | Rulemaking authority. | |
| 497.103 | Rulemaking authority of board and department. | |
| 497.105 | Department of Banking and Finance; powers and duties. | |
| 498.007 | General powers and duties. | |
| 500.459 | Water vending machines. | |
| 501.014 | Health studios; powers and duties of the department. | |
| 501.143 | Dance Studio Act. | |
| 501.626 | Rulemaking power. | |
| 502.014 | Powers and duties. | |
| 503.031 | Powers of department. | |
| 504.32 | Rulemaking authority. | |
| 516.22 | Regulations; certified copies. | |
| 516.23 | Subpoenas; enforcement actions; rules. | |
| 517.03 | Power of department to make rules. | |
| 520.994 | Powers of department. | |
| 526.09 | Department to enforce law; rules and regulations. | |
| 531.41 | Powers and duties of the department. | |
| 548.003 | State Athletic Commission. | |
| 553.76 | General powers of the board. | |
| 560.105 | Supervisory powers of the department; rulemaking. | |
| 561.11 | Power and authority of division. | |
| 570.07 | Department of Agriculture and Consumer Services; functions, powers, and duties. | |
| 571.05 | Rules. | |
| 571.24 | Purpose; duties of the division. | |
| 574.14 | Rules. | |
| 578.11 | Duties, authority, and rules and regulations of the department. | |
| 580.036 | Powers and duties. | |
| 583.04 | Promulgation of rules. | |
| 585.002 | Department control; continuance of powers, duties, rules, orders, etc. | |
| 593.103 | Powers and duties of department. | |
| 616.165 | Rules. | |
| 616.256 | Powers of authority. | |
| 617.01301 | Powers of Department of State. | |
| 620.1835 | Powers of Department of State; interrogatories. | |
| 620.81055 | Fees for filing documents and issuing certificates; powers of the Department of State. | |
| 624.308 | Rules. | |
| 624.4431 | Administration; rules. | |
| 626.943 | Powers and duties of the department. | |
| 627.805 | Departmental regulation of variable and indeterminate value contracts; rules. | |
| 627.9408 | Rules. | |
| 628.535 | Authority to promulgate rules. | |
| 633.01 | State Fire Marshal; powers and duties; rules. | |
| 633.517 | Authority of State Fire Marshal to adopt rules, administer oaths, and take testimony. | |
| 633.70 | Jurisdiction of State Fire Marshal over alarm system contractors and certified unlimited electrical contractors. | |
| 634.021 | Powers of department; rules. | |
| 634.302 | Powers of department; rules. | |
| 634.402 | Powers of department; rules. | |
| 635.081 | Administration and enforcement. | |
| 636.067 | Rules. | |
| 641.403 | Promulgation of rules. | |
| 641.56 | Rulemaking authority. | |
| 648.26 | Department of Insurance; administration. | |
| 651.015 | Administration; forms; fees; rules; fines. | |
| 655.012 | General supervisory powers of the department; rulemaking. | |
| 681.118 | Rulemaking authority. | |
| 717.138 | Rulemaking authority. | |
| 718.501 | Powers and duties of Division of Florida Land Sales, Condominiums, and Mobile Homes. | |
| 719.501 | Powers and duties of Division of Florida Land Sales, Condominiums, and Mobile Homes. | |
| 721.26 | Regulation by division. | |
| 723.006 | Powers and duties of division. | |
| 916.20 | Operation and administration; rules. | |
| 943.03 | Department of Law Enforcement. | |
| 944.09 | Rules of the department; offenders, probationers, and parolees. | |
| 947.07 | Rules and regulations. | |
| 960.045 | Department of Legal Affairs; powers and duties. | |
| 985.405 | Rules for implementation. |
Citations - Constitution (0)
No Constitutional citations.
Citations - Chapter Law (0)
No Chapter Law citations.
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