Senate Bill 1440e1

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    CS for SB 1440                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to administrative procedures;

  3         amending 370.06, F.S.; authorizing the

  4         Department of Environmental Protection to issue

  5         certain special activity licenses; authorizing

  6         rulemaking for issuance of broodstock special

  7         activities licenses; amending s. 370.12;

  8         authorizing rulemaking for issuance of special

  9         permits for marine turtles; providing a

10         definition; amending s. 120.54, F.S.; requiring

11         the Administration Commission to adopt uniform

12         rules of procedure for certain administrative

13         hearings; providing requirements; amending s.

14         120.569, F.S.; providing requirements for

15         petitions or requests for administrative

16         hearings; providing procedural requirements for

17         agencies; providing for dismissal; requiring

18         notice; authorizing agencies to refer petitions

19         to the Division of Administrative Hearings

20         under certain circumstances; amending s.

21         120.57, F.S.; providing for motions for a

22         summary final order in administrative hearings

23         under certain circumstances; providing

24         requirements for such orders; providing

25         requirements for relinquishing jurisdiction of

26         certain proceedings to an agency; providing

27         procedures; amending ss. 14.202, 17.29, 18.22,

28         20.171, 63.233, 175.341, 177.504, 185.23,

29         198.08, 199.202, 201.11, 207.011, 210.10,

30         210.75, 212.17, 212.18, 213.06, 215.62, 215.95,

31         217.14, 220.182, 220.183, 229.053, 229.515,


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  1         230.22, 230.32, 231.261, 235.01, 240.209,

  2         240.227, 240.311, 240.319, 242.331, 246.041,

  3         246.051, 246.071, 246.207, 246.213, 253.03,

  4         253.73, 257.14, 258.007, 258.43, 259.035,

  5         259.041, 265.284, 265.605, 267.031, 280.19,

  6         284.17, 288.709, 292.05, 310.151, 310.185,

  7         319.17, 320.011, 320.69, 320.824, 324.042,

  8         326.003, 327.04, 330.29, 334.044, 339.175,

  9         350.127, 366.05, 367.121, 368.05, 369.20,

10         369.22, 369.251, 370.021, 370.092, 370.15,

11         373.043, 373.044, 373.113, 373.171, 373.337,

12         373.418, 376.07, 377.22, 377.703, 378.205,

13         378.404, 380.05, 380.0651, 381.0011, 384.33,

14         391.026, 392.66, 394.879, 395.1055, 403.061,

15         403.1835, 403.504, 403.523, 403.704, 403.716,

16         403.805, 403.861, 403.869, 403.9404, 406.04,

17         408.15, 414.45, 427.013, 430.08, 440.591,

18         443.171, 455.203, 455.521, 457.104, 458.309,

19         459.005, 460.405, 461.005, 463.005, 464.006,

20         465.005, 465.022, 466.004, 466.038, 467.005,

21         468.1135, 468.1685, 468.204, 468.384, 468.402,

22         468.507, 468.522, 468.606, 468.705, 468.802,

23         470.005, 471.008, 472.008, 473.304, 474.206,

24         475.05, 475.614, 476.064, 477.016, 478.43,

25         480.035, 481.2055, 481.306, 482.051, 483.805,

26         484.005, 484.044, 486.025, 488.02, 489.108,

27         489.507, 490.004, 491.004, 492.104, 494.0011,

28         496.424, 497.103, 497.105, 498.007, 500.459,

29         501.014, 501.143, 501.626, 502.014, 503.031,

30         504.32, 516.22, 516.23, 517.03, 520.994,

31         526.09, 531.41, 548.003, 553.76, 560.105,


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  1         561.11, 570.07, 571.05, 571.24, 574.14, 578.11,

  2         580.036, 583.04, 585.002, 593.103, 616.165,

  3         616.256, 617.01301, 620.1835, 620.81055,

  4         624.308, 624.4431, 626.943, 627.805, 627.9408,

  5         628.535, 633.01, 633.517, 634.021, 634.302,

  6         634.402, 635.081, 636.067, 641.403, 641.56,

  7         648.26, 651.015, 655.012, 681.118, 717.138,

  8         718.501, 719.501, 721.26, 723.006, 916.20,

  9         943.03, 944.09, 947.07, 960.045, 985.405, F.S.;

10         restating rulemaking authority for numerous

11         state officers, departments, divisions, boards,

12         and other entities; repealing s. 258.011, F.S.,

13         relating to rules for state parks; amending s.

14         633.70, F.S.; conforming a cross-reference to a

15         change made by the act; amending s. 334.044,

16         F.S.; providing specific rulemaking authority;

17         repealing s. 334.044(15), F.S., relating to

18         certain rulemaking authority; amending s.

19         370.092, F.S.; providing specific rulemaking

20         authority for the regulation of nets and boats

21         of a specific length; directing the Marine

22         Fisheries Commission to adopt rules prohibiting

23         the possession and sale of mullet taken in

24         illegal gill and entangling nets; amending s.

25         370.093, F.S.; authorizing the Marine Fisheries

26         Commission to adopt rules implementing s.

27         370.093, F.S.; providing an effective date.

28

29  Be It Enacted by the Legislature of the State of Florida:

30

31


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    CS for SB 1440                                 First Engrossed



  1         Section 1.  Subsection (4) of section 370.06, Florida

  2  Statutes, is amended to read:

  3         370.06  Licenses.--

  4         (4)  SPECIAL ACTIVITY LICENSES.--

  5         (a)  Any person who seeks to use special gear or

  6  equipment in harvesting saltwater species must purchase a

  7  special activity license as specified by law to engage in such

  8  activities. The department may issue special activity

  9  licenses, in accordance with s. 370.071, to permit the

10  cultivation of oysters, clams, mussels, and crabs when such

11  aquaculture activities relate to quality control, sanitation,

12  and public health regulations.  The department may prescribe

13  by rule special terms, conditions, and restrictions for any

14  special activity license.

15         (b)  The department is authorized to issue special

16  activity licenses in accordance with this section and s.

17  370.31, to permit the importation, possession, and aquaculture

18  of anadromous sturgeon.  The special activity license shall

19  provide for best management practices to prevent the release

20  and escape of cultured anadromous sturgeon and to protect

21  indigenous populations of saltwater species from

22  sturgeon-borne disease.

23         (c)  The department is authorized to issue special

24  activity licenses in accordance with ss. 370.06, 370.071, and

25  370.101, aquaculture permit consolidation procedures in s.

26  370.26(3)(a) and rules of the Marine Fisheries Commission to

27  permit the capture and possession of saltwater species

28  protected by law and used as stock for artificial cultivation

29  and propagation.

30         (d)  The department is authorized to adopt rules to

31  govern the administration of special activities licenses as


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  1  provided in this chapter and rules of the Marine Fisheries

  2  Commission. Such rules may prescribe application requirements

  3  and terms, conditions, and restrictions for any such special

  4  activity license requested pursuant to this section.

  5         Section 2.  Paragraph (c) of subsection (1) of section

  6  370.12, Florida Statutes, is amended to read:

  7         370.12  Marine animals; regulation.--

  8         (1)  PROTECTION OF MARINE TURTLES.--

  9         (c)1.  Unless otherwise provided by the federal

10  Endangered Species Act or its implementing regulations, no

11  person may take, possess, disturb, mutilate, destroy, cause to

12  be destroyed, sell, offer for sale, transfer, molest, or

13  harass any marine turtle or its nest or eggs at any time.  For

14  purposes of this subsection, "take" means an act which

15  actually kills or injures marine turtles, and includes

16  significant habitat modification or degradation that kills or

17  injures marine turtles by significantly impairing essential

18  behavioral patterns, such as breeding, feeding, or sheltering.

19         2.  Unless otherwise provided by the federal Endangered

20  Species Act or its implementing regulations, no person, firm,

21  or corporation may take, kill, disturb, mutilate, molest,

22  harass, or destroy any marine turtle.

23         3.  No person, firm, or corporation may possess any

24  marine turtle, their nests, eggs, hatchlings, or parts thereof

25  unless it is in possession of a special permit or loan

26  agreement from the department enabling the holder to possess a

27  marine turtle or parts thereof for scientific, educational, or

28  exhibitional purposes, or for conservation activities such as

29  relocating nests, eggs, or animals away from construction

30  sites. Notwithstanding any other provisions of general or

31  special law to the contrary, the department may issue such


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  1  authorization to any properly accredited person for the

  2  purpose of marine turtle conservation upon such terms,

  3  conditions, and restrictions as it may prescribe by rule. The

  4  department shall have the authority to adopt rules to permit

  5  the possession of marine turtles pursuant to this paragraph.

  6  For the purposes of this subsection, a "properly accredited

  7  person" is defined as:

  8         a.  Students of colleges or universities whose studies

  9  with saltwater animals are under the direction of their

10  teacher or professor;

11         b.  Scientific or technical faculty of public or

12  private colleges or universities;

13         c.  Scientific or technical employees of private

14  research institutions and consulting firms;

15         d.  Scientific or technical employees of city, county,

16  state or federal research or regulatory agencies;

17         e.  Members in good standing or recognized and properly

18  chartered conservation organizations, the Audubon Society, or

19  the Sierra Club;

20         f.  Persons affiliated with aquarium facilities or

21  museums, or contracted as an agent therefor, which are open to

22  the public with or without an admission fee; or

23         g.  Persons without specific affiliations listed above,

24  but who are recognized by the department for their

25  contributions to marine conservation such as scientific or

26  technical publications, or through a history of cooperation

27  with the department in conservation programs such as turtle

28  nesting surveys, or through advanced educational programs such

29  as high school marine science centers.

30         Section 3.  Paragraph (b) of subsection (5) of section

31  120.54, Florida Statutes, is amended to read:


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    CS for SB 1440                                 First Engrossed



  1         120.54  Rulemaking.--

  2         (5)  UNIFORM RULES.--

  3         (b)  The uniform rules of procedure adopted by the

  4  commission pursuant to this subsection shall include, but not

  5  be limited to:

  6         1.  Uniform rules for the scheduling of public

  7  meetings, hearings, and workshops.

  8         2.  Uniform rules for use by each state agency that

  9  provide procedures for conducting public meetings, hearings,

10  and workshops, and for taking evidence, testimony, and

11  argument at such public meetings, hearings, and workshops, in

12  person and by means of communications media technology. The

13  rules shall provide that all evidence, testimony, and argument

14  presented shall be afforded equal consideration, regardless of

15  the method of communication. If a public meeting, hearing, or

16  workshop is to be conducted by means of communications media

17  technology, or if attendance may be provided by such means,

18  the notice shall so state. The notice for public meetings,

19  hearings, and workshops utilizing communications media

20  technology shall state how persons interested in attending may

21  do so and shall name locations, if any, where communications

22  media technology facilities will be available. Nothing in this

23  paragraph shall be construed to diminish the right to inspect

24  public records under chapter 119. Limiting points of access to

25  public meetings, hearings, and workshops subject to the

26  provisions of s. 286.011 to places not normally open to the

27  public shall be presumed to violate the right of access of the

28  public, and any official action taken under such circumstances

29  is void and of no effect. Other laws relating to public

30  meetings, hearings, and workshops, including penal and

31  remedial provisions, shall apply to public meetings, hearings,


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    CS for SB 1440                                 First Engrossed



  1  and workshops conducted by means of communications media

  2  technology, and shall be liberally construed in their

  3  application to such public meetings, hearings, and workshops.

  4  As used in this subparagraph, "communications media

  5  technology" means the electronic transmission of printed

  6  matter, audio, full-motion video, freeze-frame video,

  7  compressed video, and digital video by any method available.

  8         3.  Uniform rules of procedure for the filing of notice

  9  of protests and formal written protests.

10         4.  Uniform rules of procedure for the filing of

11  petitions for administrative hearings pursuant to s. 120.569

12  or s. 120.57.  Such rules shall include:

13         a.  The identification of the petitioner.

14         b.  A statement of when and how the petitioner received

15  notice of the agency's action or proposed action.

16         c.  An explanation of how the petitioner's substantial

17  interests are or will be affected by the action or proposed

18  action.

19         d.  A statement of all material facts disputed by the

20  petitioner or a statement that there are no disputed facts.

21         e.  A statement of the ultimate facts alleged,

22  including a statement of the specific facts the petitioner

23  contends warrant reversal or modification of the agency's

24  proposed action.

25         f.  A statement of the specific rules or statutes the

26  petitioner contends require reversal or modification of the

27  agency's proposed action.

28         g.  A statement of the relief sought by the petitioner,

29  stating precisely the action petitioner wishes the agency to

30  take with respect to the proposed action.

31


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    CS for SB 1440                                 First Engrossed



  1         5.4.  Uniform rules of procedure for the filing and

  2  prompt disposition of petitions for declaratory statements.

  3         6.5.  Provision of a method by which each agency head

  4  shall provide a description of the agency's organization and

  5  general course of its operations.

  6         7.6.  Uniform rules establishing procedures for

  7  granting or denying petitions for variances and waivers

  8  pursuant to s. 120.542.

  9         Section 4.  Paragraphs (c) through (l) of subsection

10  (2) of section 120.569, Florida Statutes, are renumbered as

11  paragraphs (e) through (n), respectively, and new paragraphs

12  (c) and (d) are added to said section, to read:

13         120.569  Decisions which affect substantial

14  interests.--

15         (2)

16         (c)  Unless otherwise provided by law, a petition or

17  request for hearing shall include those items required by the

18  uniform rules adopted pursuant to s. 120.54(5)(b)4.  Upon the

19  receipt of a petition or request for hearing, the agency shall

20  carefully review the petition to determine if it contains all

21  of the required information.  A petition shall be dismissed if

22  it is not in substantial compliance with these requirements or

23  it has been untimely filed.  Dismissal of a petition shall, at

24  least once, be without prejudice to petitioner's filing a

25  timely amended petition curing the defect, unless it

26  conclusively appears from the face of the petition that the

27  defect cannot be cured.  The agency shall promptly give

28  written notice to all parties of the action taken on the

29  petition, shall state with particularity its reasons if the

30  petition is not granted, and shall state the deadline for

31  filing an amended petition if applicable.


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  1         (d)  The agency may refer a petition to the division

  2  for the assignment of an administrative law judge only if the

  3  petition is in substantial compliance with the requirements of

  4  paragraph (c).

  5         Section 5.  Paragraphs (h), (i), (j), (k), and (l) of

  6  subsection (1) of section 120.57, Florida Statutes, are

  7  renumbered as paragraphs (j), (k), (l), (m), and (n),

  8  respectively, and new paragraphs (h) and (i) are added to said

  9  subsection, to read:

10         120.57  Additional procedures for particular cases.--

11         (1)  ADDITIONAL PROCEDURES APPLICABLE TO HEARINGS

12  INVOLVING DISPUTED ISSUES OF MATERIAL FACT.--

13         (h)  Any party to a proceeding in which an

14  administrative law judge of the Division of Administrative

15  Hearings has final order authority may move for a summary

16  final order when there is no genuine issue as to any material

17  fact.  A summary final order shall be rendered if the

18  administrative law judge determines from the pleadings,

19  depositions, answers to interrogatories, and admissions on

20  file, together with affidavits, if any, that no genuine issue

21  as to any material fact exists and that the moving party is

22  entitled as a matter of law to the entry of a final order.  A

23  summary final order shall consist of findings of fact, if any,

24  conclusions of law, a disposition or penalty, if applicable,

25  and any other information required by law to be contained in

26  the final order.

27         (i)  When, in any proceeding conducted pursuant to this

28  subsection, a dispute of material fact no longer exists, any

29  party may move the administrative law judge to relinquish

30  jurisdiction to the agency.  In ruling on such a motion, the

31  administrative law judge may consider the pleadings,


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  1  depositions, answers to interrogatories, and admissions on

  2  file, together with supporting and opposing affidavits, if

  3  any.  If the administrative law judge enters an order

  4  relinquishing jurisdiction, the agency may promptly conduct a

  5  proceeding pursuant to subsection (2), if appropriate, but the

  6  parties may not raise any issues of disputed fact that could

  7  have been raised before the administrative law judge.  An

  8  order entered by an administrative law judge relinquishing

  9  jurisdiction to the agency based upon a determination that no

10  genuine dispute of material fact exists, need not contain

11  findings of fact, conclusions of law, or a recommended

12  disposition or penalty.

13         Section 6.  Section 14.202, Florida Statutes, is

14  amended to read:

15         14.202  Administration Commission.--There is created as

16  part of the Executive Office of the Governor an Administration

17  Commission composed of the Governor and Cabinet.  The Governor

18  is chair of the commission.  The Governor or Comptroller may

19  call a meeting of the commission promptly each time the need

20  therefor arises.  Unless otherwise provided herein,

21  affirmative action by the commission shall require the

22  approval of the Governor and at least three other members of

23  the commission. The commission shall adopt such rules pursuant

24  to ss. 120.54 and 120.536(1) to implement provisions of law

25  conferring duties upon it as it deems necessary to carry out

26  its duties and responsibilities.

27         Section 7.  Section 17.29, Florida Statutes, is amended

28  to read:

29         17.29  Authority to prescribe rules.--The Comptroller

30  has authority to adopt rules pursuant to ss. 120.54 and

31  120.536(1) to implement duties assigned by statute or the


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  1  State Constitution may prescribe any rule he or she considers

  2  necessary to properly fulfill his or her constitutional and

  3  statutory duties. Such rules may include, but are not limited

  4  to, the following:

  5         (1)  Procedures or policies relating to the processing

  6  of payments from salaries, other personal services, or any

  7  other applicable appropriation.

  8         (2)  Procedures for processing interagency and

  9  intraagency payments which do not require the issuance of a

10  state warrant.

11         Section 8.  Section 18.22, Florida Statutes, is amended

12  to read:

13         18.22  Rules and regulations.--The department has

14  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

15  to implement All rules and regulations necessary to effectuate

16  the provisions of this chapter may be adopted by the

17  department in accordance with the provisions of chapter 120.

18         Section 9.  Paragraph (k) of subsection (4) of section

19  20.171, Florida Statutes, is amended to read:

20         20.171  Department of Labor and Employment

21  Security.--There is created a Department of Labor and

22  Employment Security.

23         (4)

24         (k)  The commission has authority to shall, in

25  accordance with chapter 120, adopt, promulgate, amend, or

26  rescind such rules pursuant to ss. 120.54 and 120.536(1) to

27  implement provisions of law conferring duties upon it as it

28  deems necessary and administratively feasible to carry out its

29  responsibilities.

30         Section 10.  Section 63.233, Florida Statutes, is

31  amended to read:


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    CS for SB 1440                                 First Engrossed



  1         63.233  Rulemaking authority.--The department shall

  2  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

  3  the provisions of this chapter.

  4         Section 11.  Subsection (2) of section 175.341, Florida

  5  Statutes, is amended to read:

  6         175.341  Duties of Division of Retirement; rulemaking

  7  authority; investments by the State Board of Administration.--

  8         (2)  The division has authority to shall adopt rules

  9  pursuant to ss. 120.54 and 120.536(1) to implement the

10  provisions of necessary for the administration of this

11  chapter.

12         Section 12.  Paragraph (e) of subsection (2) of section

13  177.504, Florida Statutes, is amended to read:

14         177.504  Powers and duties of the department.--

15         (2)  The functions, duties, and responsibilities of the

16  department shall be:

17         (e)  To adopt rules pursuant to ss. 120.54 and

18  120.536(1) and regulations necessary to implement the

19  provisions of carry out the purpose of this act.

20         Section 13.  Subsection (2) of section 185.23, Florida

21  Statutes, is amended to read:

22         185.23  Duties of Division of Retirement; rulemaking;

23  investment by State Board of Administration.--

24         (2)  The division has authority to shall adopt rules

25  pursuant to ss. 120.54 and 120.536(1) to implement the

26  provisions of necessary for the administration of this

27  chapter.

28         Section 14.  Section 198.08, Florida Statutes, is

29  amended to read:

30         198.08  Rules and regulations.--The department has

31  authority to adopt may from time to time make such rules


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  1  pursuant to ss. 120.54 and 120.536(1) and regulations not

  2  inconsistent with this chapter as it may deem necessary to

  3  enforce the provisions of this chapter and may adopt, as

  4  rules, such rules and regulations as are or may be promulgated

  5  with respect to the estate tax or generation-skipping transfer

  6  tax provisions of the Revenue Act of the United States insofar

  7  as they are shall be applicable hereto.  The department may

  8  from time to time prescribe such forms as it shall deem proper

  9  for the administration of this chapter.

10         Section 15.  Section 199.202, Florida Statutes, is

11  amended to read:

12         199.202  Administration of law; rules.--The department

13  shall administer and enforce the assessment and collection of

14  the taxes, interest, and penalties imposed by this chapter. It

15  may by rule prescribe the form and content of all returns and

16  reports. It has authority to adopt rules pursuant to ss.

17  120.54 and 120.536(1) is further authorized to promulgate all

18  other rules not inconsistent with this chapter as it deems

19  necessary to administer and enforce the provisions of this

20  chapter.

21         Section 16.  Subsection (1) of section 201.11, Florida

22  Statutes, is amended to read:

23         201.11  Administration of law by Department of

24  Revenue.--

25         (1)  The administration of this chapter shall be vested

26  in the Department of Revenue, which has authority to adopt

27  rules pursuant to ss. 120.54 and 120.536(1) to enforce the

28  provisions of this chapter shall prescribe suitable rules and

29  regulations for the enforcement of the provisions thereof, and

30  shall administer and enforce the taxes levied and imposed by

31  this chapter.  The Department of Revenue may enter upon the


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    CS for SB 1440                                 First Engrossed



  1  premises of any taxpayer, and examine or cause to be examined

  2  by any agent or representative designated by it for that

  3  purpose, any books, papers, records, or memoranda bearing upon

  4  the amount of taxes payable, and secure other information

  5  directly or indirectly concerned in the enforcement of this

  6  chapter.  Any person, subject to this tax, who shall by any

  7  practice or evasion make it difficult to enforce the

  8  provisions of this chapter by inspection, or any person, agent

  9  or officer, who shall, after demand by the department or any

10  agent or representative designated by it for that purpose,

11  refuse to allow full inspection of the premises or any part

12  thereof, or any books, records, documents, or other

13  instruments in any way relating to the liability of the

14  taxpayer for the tax herein imposed, or shall hinder or in

15  anywise delay or prevent such inspection, shall be guilty of a

16  misdemeanor of the second degree, punishable as provided in s.

17  775.082 or s. 775.083.

18         Section 17.  Subsection (2) of section 207.011, Florida

19  Statutes, is amended to read:

20         207.011  Inspection of records; hearings; forms;

21  rules.--

22         (2)  The department has authority to adopt rules

23  pursuant to ss. 120.54 and 120.536(1) to enforce the

24  provisions of shall have the authority to prescribe all rules

25  necessary for the enforcement of this chapter.

26         Section 18.  Subsection (1) of section 210.10, Florida

27  Statutes, is amended to read:

28         210.10  General powers of the Division of Alcoholic

29  Beverages and Tobacco.--

30         (1)  The Division of Alcoholic Beverages and Tobacco

31  has authority to adopt rules pursuant to ss. 120.54 and


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    CS for SB 1440                                 First Engrossed



  1  120.536(1) to implement is authorized to prescribe and

  2  promulgate all rules and regulations necessary to effectuate

  3  the provisions of this part consistent with the terms hereof.

  4  All cigarette permits issued hereunder shall have printed

  5  thereon a notice to the effect that such permit is issued

  6  subject to the provisions of this part and such said rules and

  7  regulations.  The division shall provide upon request without

  8  charge to any applicant for a permit a copy of this part and

  9  the rules and regulations prescribed by it pursuant hereto.

10         Section 19.  Subsection (2) of section 210.75, Florida

11  Statutes, is amended to read:

12         210.75  Administration.--

13         (2)  The division has authority to adopt rules pursuant

14  to ss. 120.54 and 120.536(1) to is authorized to prescribe and

15  promulgate rules it may deem necessary to implement and

16  enforce the provisions of this part.

17         Section 20.  Subsection (6) of section 212.17, Florida

18  Statutes, is amended to read:

19         212.17  Credits for returned goods, rentals, or

20  admissions; additional powers of department.--

21         (6)  The department has authority to adopt rules

22  pursuant to ss. 120.54 and 120.536(1) to enforce the

23  provisions of this chapter shall have the power to make,

24  prescribe and publish reasonable rules and regulations not

25  inconsistent with this chapter, or the other laws, or the

26  constitution of this state, or the United States, for the

27  enforcement of the provisions of this chapter and the

28  collection of revenue hereunder, and such rules and

29  regulations shall when enforced be deemed to be reasonable and

30  just.

31


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  1         Section 21.  Subsection (2) of section 212.18, Florida

  2  Statutes, is amended to read:

  3         212.18  Administration of law; registration of dealers;

  4  rules.--

  5         (2)  The department shall administer and enforce the

  6  assessment and collection of the taxes, interest, and

  7  penalties imposed by this chapter. It has authority to adopt

  8  rules pursuant to ss. 120.54 and 120.536(1) to enforce the

  9  provisions of is authorized to make and publish such rules and

10  regulations not inconsistent with this chapter, as it may deem

11  necessary in enforcing its provisions in order that there

12  shall not be collected on the average more than the rate

13  levied herein. The department is authorized to and it shall

14  provide by rule and regulation a method for accomplishing this

15  end. It shall prepare instructions to all persons required by

16  this chapter to collect and remit the tax to guide such

17  persons in the proper collection and remission of such tax and

18  to instruct such persons in the practices that may be

19  necessary for the purpose of enforcement of this chapter and

20  the collection of the tax imposed hereby.  The use of tokens

21  in the collection of this tax is hereby expressly forbidden

22  and prohibited.

23         Section 22.  Subsection (1) of section 213.06, Florida

24  Statutes, is amended to read:

25         213.06  Rules of department; circumstances requiring

26  emergency rules.--

27         (1)  The Department of Revenue has the is granted

28  authority to adopt such rules pursuant to ss. 120.54 and

29  120.536(1) as are necessary to implement provisions of carry

30  out the intent and purposes of this chapter and all other

31  revenue laws administered by the department, and it may amend


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  1  such rules to conform to legislation or departmental policy

  2  changes made in the absence of any legislation.

  3         Section 23.  Subsection (5) of section 215.62, Florida

  4  Statutes, is amended to read:

  5         215.62  Division of Bond Finance.--

  6         (5)  The board has authority shall have power to adopt

  7  such rules pursuant to ss. 120.54 and 120.536(1) to implement

  8  provisions of law conferring duties on it and regulations as

  9  may be necessary for carrying out the duties of the division.

10  The board shall hold regular and special meetings at such

11  places and times, in such manner, and after such notice as may

12  be provided by resolution adopted by the board or upon call of

13  the chair.

14         Section 24.  Paragraph (a) of subsection (2) of section

15  215.95, Florida Statutes, is amended to read:

16         215.95  Financial Management Information Board.--

17         (2)  To carry out its duties and responsibilities, the

18  board shall by majority vote:

19         (a)  Adopt such rules pursuant to ss. 120.54 and

20  120.536(1), policies, procedures, principles, and standards as

21  deemed necessary to implement the Florida Financial Management

22  Information System.

23         Section 25.  Section 217.14, Florida Statutes, is

24  amended to read:

25         217.14  Adoption of rules and regulations.--The

26  department has authority is authorized to adopt, promulgate,

27  and repeal rules pursuant to ss. 120.54 and 120.536(1) to

28  implement the provisions of and carry out the purpose of this

29  chapter, in compliance with chapter 120.

30         Section 26.  Subsection (8) of section 220.182, Florida

31  Statutes, is amended to read:


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  1         220.182  Enterprise zone property tax credit.--

  2         (8)  The department has authority to adopt rules

  3  pursuant to ss. 120.54 and 120.536(1) to implement the

  4  provisions of shall promulgate any rules necessary to ensure

  5  the orderly implementation and administration of this act.

  6         Section 27.  Paragraphs (a) and (d) of subsection (6)

  7  of section 220.183, Florida Statutes, are amended to read:

  8         220.183  Community contribution tax credit.--

  9         (6)  ADMINISTRATION.--

10         (a)  The Office of Tourism, Trade, and Economic

11  Development has authority to adopt rules pursuant to ss.

12  120.54 and 120.536(1) is authorized to promulgate all rules

13  necessary to implement the provisions of administer this

14  section, including rules for the approval or disapproval of

15  proposals by business firms.

16         (d)  The Department of Revenue has authority to adopt

17  rules pursuant to ss. 120.54 and 120.536(1) to implement the

18  provisions of shall promulgate any rules necessary to ensure

19  the orderly implementation and administration of this section.

20         Section 28.  Subsection (1) of section 229.053, Florida

21  Statutes, is amended to read:

22         229.053  General powers of state board.--

23         (1)  The State Board of Education is the chief

24  policymaking and coordinating body of public education in

25  Florida. It has authority to adopt rules pursuant to ss.

26  120.54 and 120.536(1) to implement the provisions of law

27  conferring duties upon it has the general powers to determine,

28  adopt, or prescribe such policies, rules, regulations, or

29  standards as are required by law or as it may find necessary

30  for the improvement of the state system of public education.

31  Except as otherwise provided herein, it may, as it shall find


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  1  appropriate, delegate its general powers to the Commissioner

  2  of Education or the directors of the divisions of the

  3  department.

  4         Section 29.  Section 229.515, Florida Statutes, is

  5  amended to read:

  6         229.515  Rules and standards have force of law.--The

  7  Commissioner of Education has authority to adopt rules

  8  pursuant to ss. 120.54 and 120.536(1) to implement the

  9  provisions of may prescribe such rules and minimum standards

10  as are necessary to carry out his or her responsibilities

11  under the school code conferring duties upon the commissioner,

12  with the exception of provisions relating to state

13  universities and community colleges and the Florida School for

14  the Deaf and the Blind, and all such rules and minimum

15  standards, if not in conflict with the school code, have the

16  full force and effect of law. The commissioner, in prescribing

17  such rules, is considered an "agency" for purposes of chapter

18  120.

19         Section 30.  Subsection (2) of section 230.22, Florida

20  Statutes, is amended to read:

21         230.22  General powers of school board.--The school

22  board, after considering recommendations submitted by the

23  superintendent, shall exercise the following general powers:

24         (2)  Adopt such rules pursuant to ss. 120.54 and

25  120.536(1) to implement the provisions of law conferring

26  duties upon it and regulations to supplement those prescribed

27  by the state board and the commissioner as in its opinion will

28  contribute to the more orderly and efficient operation of the

29  district school system.

30         Section 31.  Subsection (4) of section 230.32, Florida

31  Statutes, is amended to read:


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  1         230.32  General powers of superintendents.--The

  2  superintendent shall have the authority, and when necessary

  3  for the more efficient and adequate operation of the district

  4  school system, the superintendent shall exercise the following

  5  powers:

  6         (4)  RECOMMEND AND EXECUTE RULES AND

  7  REGULATIONS.--Prepare and organize by subjects and submit to

  8  the school board for adoption such rules and regulations to

  9  supplement those adopted by the state board or the

10  commissioner as, in the superintendent's opinion, will

11  contribute to the efficient operation of any aspect of

12  education in the district. When rules and regulations have

13  been adopted, the superintendent shall see that they are

14  executed.

15         Section 32.  Paragraph (d) of subsection (7) of section

16  231.261, Florida Statutes, is amended to read:

17         231.261  Education Practices Commission;

18  organization.--

19         (7)  The duties and responsibilities of the commission

20  are to:

21         (d)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

22  to implement provisions of law conferring duties upon it Have

23  rulemaking authority pursuant to chapter 120.

24         Section 33.  Subsection (2) of section 235.01, Florida

25  Statutes, is amended to read:

26         235.01  Purpose; rules.--

27         (2)  The Commissioner of Education shall adopt rules

28  pursuant to ss. 120.54 and 120.536(1) to implement the

29  provisions of this chapter.

30

31


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  1         Section 34.  Subsection (1) and paragraph (r) of

  2  subsection (3) of section 240.209, Florida Statutes, are

  3  amended to read:

  4         240.209  Board of Regents; powers and duties.--

  5         (1)  The Board of Regents is primarily responsible for

  6  adopting systemwide rules pursuant to ss. 120.54 and

  7  120.536(1) to implement provisions of law conferring duties

  8  upon it and policies; planning for the future needs of the

  9  State University System; planning the programmatic, financial,

10  and physical development of the system; reviewing and

11  evaluating the instructional, research, and service programs

12  at the universities; coordinating program development among

13  the universities; and monitoring the fiscal performance of the

14  universities.

15         (3)  The board shall:

16         (r)  Adopt such rules pursuant to ss. 120.54 and

17  120.536(1) to implement provisions of law conferring duties

18  upon it as are necessary to carry out its duties and

19  responsibilities.

20         Section 35.  Subsection (1) of section 240.227, Florida

21  Statutes, is amended to read:

22         240.227  University presidents; powers and duties.--The

23  president is the chief administrative officer of the

24  university and is responsible for the operation and

25  administration of the university.  Each university president

26  shall:

27         (1)  Develop and Adopt rules pursuant to ss. 120.54 and

28  120.536(1) to implement provisions of law governing the

29  operation and administration of the university.  Such rules

30  shall be consistent with the mission of the university and

31  statewide rules and policies and shall assist in the


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  1  development of the university in a manner which will

  2  complement the missions and activities of the other

  3  universities for the overall purpose of achieving the highest

  4  quality of education for the citizens of the state.

  5         Section 36.  Subsection (2) of section 240.311, Florida

  6  Statutes, is amended to read:

  7         240.311  State Board of Community Colleges; powers and

  8  duties.--

  9         (2)  The State Board of Community Colleges is

10  responsible for the establishing and developing of rules and

11  policies which will ensure the operation and maintenance of a

12  state community college system, as defined in s.

13  228.041(1)(b), in a coordinated, efficient, and effective

14  manner. The State Board of Community Colleges has authority to

15  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

16  provisions of law conferring duties upon it. Such rules and

17  policies shall be submitted to the State Board of Education

18  for approval.  If any rule is not disapproved by the State

19  Board of Education within 45 days of its receipt by the State

20  Board of Education, the rule shall be filed immediately with

21  the Department of State.

22         Section 37.  Subsection (2) of section 240.319, Florida

23  Statutes, as amended by section 2 of chapter 97-383, Laws of

24  Florida, is amended to read:

25         240.319  Community college district boards of trustees;

26  duties and powers.--

27         (2)  In carrying out this responsibility, The board of

28  trustees, after considering recommendations submitted by the

29  community college president, has authority to adopt rules

30  pursuant to ss. 120.54 and 120.536(1) to implement the

31  provisions of law conferring duties upon it shall be


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  1  authorized to adopt such rules, procedures, and policies as

  2  are necessary to operate the community college in such a

  3  manner as to assure the fulfillment of the responsibilities

  4  assigned to the board of trustees.  These rules, procedures,

  5  and policies may supplement those prescribed by the State

  6  Board of Education and the State Board of Community Colleges

  7  if they will contribute to the more orderly and efficient

  8  operation of the state community college system.

  9         Section 38.  Subsection (3) of section 242.331, Florida

10  Statutes, is amended to read:

11         242.331  Florida School for the Deaf and the Blind;

12  board of trustees.--

13         (3)  The board of trustees has authority to adopt rules

14  pursuant to ss. 120.54 and 120.536(1) to implement provisions

15  of law relating to operation of is authorized to adopt such

16  rules as are necessary to operate the Florida School for the

17  Deaf and the Blind. Such rules shall be submitted to the State

18  Board of Education for approval or disapproval. If any rule is

19  not disapproved by the State Board of Education within 60 days

20  of its receipt by the State Board of Education, the rule shall

21  be filed immediately with the Department of State. The board

22  of trustees shall act at all times in conjunction with the

23  rules of the State Board of Education.

24         Section 39.  Paragraph (e) of subsection (1) of section

25  246.041, Florida Statutes, is amended to read:

26         246.041  Powers and duties of board.--

27         (1)  The board shall:

28         (e)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

29  to implement provisions of law conferring duties upon it

30  necessary to carry out its functions.

31


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    CS for SB 1440                                 First Engrossed



  1         Section 40.  Section 246.051, Florida Statutes, is

  2  amended to read:

  3         246.051  Administration by board.--The provisions of

  4  ss. 246.011-246.151 shall be administered by the board which

  5  in connection therewith has the power:

  6         (1)  To adopt such rules pursuant to ss. 120.54 and

  7  120.536(1) to implement as it may find necessary to carry out

  8  the objectives, purposes, and directives of ss.

  9  246.011-246.151;

10         (2)  To execute such standards and rules and

11  regulations as shall be adopted for the operation and

12  establishment of nonpublic colleges; and

13         (3)  To expend funds as necessary to assist in the

14  enforcement of ss. 246.011-246.151.

15         Section 41.  Section 246.071, Florida Statutes, is

16  amended to read:

17         246.071  Rules of State Board of Independent Colleges

18  and Universities.--The State Board of Independent Colleges and

19  Universities has authority is authorized to adopt such rules

20  pursuant to ss. 120.54 and 120.536(1) to implement as are

21  necessary to carry out the objectives, purposes, and

22  directives of ss. 246.011-246.151.  Such rules shall be

23  submitted to the State Board of Education for approval or

24  disapproval.  If any rule is not disapproved by the State

25  Board of Education within 60 days after its receipt by the

26  State Board of Education, the rule shall be filed immediately

27  with the Department of State.

28         Section 42.  Paragraph (e) of subsection (1) of section

29  246.207, Florida Statutes, is amended to read:

30         246.207  Powers and duties of board.--

31         (1)  The board shall:


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  1         (e)  Prescribe and recommend to the State Board of

  2  Education rules to implement as are required by ss.

  3  246.201-246.231 or as it may find necessary to aid in carrying

  4  out the objectives and purposes of ss. 246.201-246.231.

  5         Section 43.  Subsection (1) of section 246.213, Florida

  6  Statutes, is amended to read:

  7         246.213  Power of State Board of Education.--

  8         (1)  The State Board of Education, acting on the

  9  recommendation of the State Board of Independent Postsecondary

10  Vocational, Technical, Trade, and Business Schools, shall

11  adopt such minimum standards for schools and other rules

12  pursuant to ss. 120.54 and 120.536(1) to implement as are

13  required for the administration of ss. 246.201-246.231.

14         Section 44.  Paragraph (a) of subsection (7) of section

15  253.03, Florida Statutes, is amended to read:

16         253.03  Board of trustees to administer state lands;

17  lands enumerated.--

18         (7)(a)  The Board of Trustees of the Internal

19  Improvement Trust Fund is hereby authorized and directed to

20  administer all state-owned lands and shall be responsible for

21  the creation of an overall and comprehensive plan of

22  development concerning the acquisition, management, and

23  disposition of state-owned lands so as to ensure maximum

24  benefit and use.  The Board of Trustees of the Internal

25  Improvement Trust Fund has authority to shall adopt rules

26  pursuant to ss. 120.54 and 120.536(1) to implement the

27  provisions of and regulations necessary to carry out the

28  purposes of this act as set forth in this section.

29         Section 45.  Section 253.73, Florida Statutes, is

30  amended to read:

31


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    CS for SB 1440                                 First Engrossed



  1         253.73  Rules and regulations; ss.

  2  253.67-253.75.--Subject to the requirements of chapter 120,

  3  The board has authority to may adopt rules pursuant to ss.

  4  120.54 and 120.536(1) to administer and regulations necessary

  5  and appropriate to carry out the provisions of ss.

  6  253.67-253.75.

  7         Section 46.  Section 257.14, Florida Statutes, is

  8  amended to read:

  9         257.14  Division of Library and Information Services;

10  rules.--The Division of Library and Information Services has

11  authority to may adopt rules pursuant to ss. 120.54 and

12  120.536(1) to implement carry out the provisions of this

13  chapter.

14         Section 47.  Subsection (2) of section 258.007, Florida

15  Statutes, is amended to read:

16         258.007  Powers of division.--

17         (2)  The division has authority to adopt rules pursuant

18  to ss. 120.54 and 120.536(1) to implement provisions of law

19  conferring duties on it shall make and publish such rules and

20  regulations as it may deem necessary or proper for the

21  management and use of the parks, monuments, and memorials

22  under its jurisdiction, and the violation of any rule of the

23  rules and regulations authorized by this section shall be a

24  misdemeanor and punishable accordingly.

25         Section 48.  Section 258.011, Florida Statutes, is

26  repealed.

27         Section 49.  Section 258.43, Florida Statutes, is

28  amended to read:

29         258.43  Rules and regulations.--

30         (1)  The Board of Trustees of the Internal Improvement

31  Trust Fund has authority to adopt rules pursuant to ss. 120.54


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    CS for SB 1440                                 First Engrossed



  1  and 120.536(1) to implement shall adopt and enforce reasonable

  2  rules and regulations to carry out the provisions of this act

  3  and specifically to provide regulation of human activity

  4  within the preserve in such a manner as not to unreasonably

  5  interfere with lawful and traditional public uses of the

  6  preserve, such as sport and commercial fishing, boating, and

  7  swimming.

  8         (2)  Other uses of the preserve, or human activity

  9  within the preserve, although not originally contemplated, may

10  be permitted by the trustees, but only subsequent to a formal

11  finding of compatibility with the purposes of this act.

12         (3)  The Board of Trustees of the Internal Improvement

13  Trust Fund may delegate to a local government, by agreement,

14  the power and duty to administer and enforce the standards and

15  criteria established in a resource inventory and management

16  plan adopted by the board, if the board determines that such a

17  delegation is in the public interest.

18         (a)  Such delegation shall be made only if the board

19  determines that the local government's program for

20  administering and enforcing the adopted standards and

21  criteria:

22         1.  Adopts, by ordinance, standards and criteria no

23  less restrictive than those in the management plan approved by

24  the board pursuant to the provisions of rule 18-20.013(2),

25  Florida Administrative Code; provided, however nothing

26  contained in this subsection shall expand the powers,

27  jurisdiction, or authority granted pursuant to this chapter.

28  When a local government's program proposes to include

29  standards and criteria that are more restrictive than those in

30  the management plan approved by the board, such standards and

31  criteria shall not be effective until they have been approved


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    CS for SB 1440                                 First Engrossed



  1  by the board as being consistent with the provisions of this

  2  chapter.

  3         2.  Provides for the enforcement of such requirements

  4  by appropriate administrative and judicial processes.

  5         3.  Provides for administrative organization, staff,

  6  and financial and other resources necessary to effectively and

  7  efficiently enforce such requirements.

  8         4.  Provides for improved management and enforcement of

  9  the standards and criteria in the resource inventory and

10  management plans and of the rules adopted by the board

11  pertaining to state-owned lands.

12         (b)  Such delegation may not include the authority to

13  grant approval for the sale, lease, easement, or other uses of

14  state-owned sovereignty lands that require approval by the

15  board as provided by the board's rules on October 1, 1989.

16  This provision shall not preclude agreements between the board

17  and local governments that may provide that the local

18  government shall process applications and present

19  recommendations for final action to the board.

20         (c)  The board shall give prior notice of its intention

21  to enter into an agreement as described in this subsection, as

22  provided by s. 253.115. The Division of State Lands of the

23  Department of Environmental Protection shall update its rules

24  annually to include a list of the management agreements

25  adopted pursuant to this subsection. The list shall identify

26  the parties to, and the date and location of, each agreement,

27  and shall specify the nature of the authority delegated by the

28  agreement.

29         (d)  The board may designate the local government as

30  its enforcement arm for purposes of s. 258.46, and the local

31  government shall have the authority to directly enforce the


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    CS for SB 1440                                 First Engrossed



  1  provisions of that section or to rely on the enforcement

  2  provisions of the local ordinance implementing the management

  3  plan.  The governing body of the local government shall seek

  4  approval from the Division of State Lands before seeking the

  5  elevated penalties associated with direct enforcement of s.

  6  258.46 in lieu of penalties associated with violation of its

  7  ordinance. Nothing in this subsection shall affect the

  8  authority of the division to enforce the provisions of this

  9  act.

10         (e)  Each year on the anniversary of any delegation

11  pursuant to this subsection, the staff of the department shall

12  present to the board an evaluation of decisions made by the

13  local governments during the previous year.  The board shall,

14  upon reviewing this evaluation, either act to renew the

15  delegation, act to retract the delegation, or act to renew the

16  delegation with specific directives to the local government to

17  take corrective action concerning any deficiencies in its

18  processing or application of the standards and criteria in the

19  rules approved by the board or a management plan adopted for

20  the preserves.

21         (f)  Nothing contained in this subsection shall affect

22  the powers, duties, or procedures set forth in chapter 403.

23         Section 50.  Subsection (1) of section 259.035, Florida

24  Statutes, is amended to read:

25         259.035  Advisory council; powers and duties.--

26         (1)  There is created a Land Acquisition and Management

27  Advisory Council to be composed of the secretary and a

28  designee of the department, the director of the Division of

29  Forestry of the Department of Agriculture and Consumer

30  Services, the executive director of the Game and Fresh Water

31  Fish Commission, the director of the Division of Historical


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    CS for SB 1440                                 First Engrossed



  1  Resources of the Department of State, and the secretary of the

  2  Department of Community Affairs, or their respective

  3  designees. The chairmanship of the council shall rotate

  4  annually in the foregoing order. The council shall hold

  5  periodic meetings at the request of the chair. The department

  6  shall provide primary staff support to the council and shall

  7  ensure that council meetings are electronically recorded. Such

  8  recordings shall be preserved pursuant to chapters 119 and

  9  257. The department has authority to may adopt rules pursuant

10  to ss. 120.54 and 120.536(1) to implement the provisions of

11  any rule or form necessary to implement this section.

12         Section 51.  Subsection (2) of section 259.041, Florida

13  Statutes, is amended to read:

14         259.041  Acquisition of state-owned lands for

15  preservation, conservation, and recreation purposes.--

16         (2)  The board of trustees has authority to shall adopt

17  and may modify or repeal such rules pursuant to ss. 120.54 and

18  120.536(1) as are necessary to implement the provisions carry

19  out the purposes of this section, including rules governing

20  the terms and conditions of land purchases. Such rules shall

21  address with specificity, but not be limited to:

22         (a)  The procedures to be followed in the acquisition

23  process, including selection of appraisers, surveyors, title

24  agents and closing agents, and the content of appraisal

25  reports.

26         (b)  The determination of the value of parcels which

27  the state has an interest to acquire.

28         (c)  Special requirements when multiple landowners are

29  involved in an acquisition.

30

31


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  1         (d)  Requirements for obtaining written option

  2  agreements so that the interests of the state are fully

  3  protected.

  4         Section 52.  Paragraph (d) of subsection (5) of section

  5  265.284, Florida Statutes, is amended to read:

  6         265.284  Chief cultural officer; director of division;

  7  powers and duties.--

  8         (5)  The division is further authorized to:

  9         (d)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

10  to implement provisions of law conferring duties on it

11  Promulgate such rules as are necessary to carry out its

12  duties.

13         Section 53.  Subsection (1) of section 265.605, Florida

14  Statutes, is amended to read:

15         265.605  Cultural Endowment Program; rulemaking.--

16         (1)  The department shall adopt any rules pursuant to

17  ss. 120.54 and 120.536(1) necessary to implement the

18  provisions of this act.

19         Section 54.  Subsection (1) of section 267.031, Florida

20  Statutes, is amended to read:

21         267.031  Division of Historical Resources.--

22         (1)  The division has authority to shall adopt such

23  rules pursuant to ss. 120.54 and 120.536(1) as deemed

24  necessary to implement provisions of carry out its duties and

25  responsibilities under this chapter conferring duties upon it.

26         Section 55.  Section 280.19, Florida Statutes, is

27  amended to read:

28         280.19  Rules.--The Treasurer shall adopt such rules

29  pursuant to ss. 120.54 and 120.536(1) and prescribe such forms

30  as may be necessary to administer the provisions accomplish

31  the purposes of this chapter.


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    CS for SB 1440                                 First Engrossed



  1         Section 56.  Section 284.17, Florida Statutes, is

  2  amended to read:

  3         284.17  Rules and regulations.--The Department of

  4  Insurance has authority to adopt rules pursuant to ss. 120.54

  5  and 120.536(1) to implement the provisions of shall promulgate

  6  such reasonable rules and regulations as are necessary to aid

  7  in the implementation of this chapter.

  8         Section 57.  Subsection (1) of section 288.709, Florida

  9  Statutes, is amended to read:

10         288.709  Powers of the Florida Black Business

11  Investment Board.--The board shall have all the powers

12  necessary or convenient to carry out and effectuate the

13  purposes and provisions of ss. 9-21, chapter 85-104, Laws of

14  Florida, including, but not limited to, the power to:

15         (1)  Adopt bylaws for the regulation of its affairs and

16  the conduct of its business and adopt rules pursuant to ss.

17  120.54 and 120.536(1) to implement the provisions of law

18  conferring duties upon it rules pursuant to chapter 120.

19  However, any proposed rules affecting the operation or

20  administration or financial well-being of any of the black

21  business investment corporations must first be approved by a

22  majority of the black business investment corporations.

23         Section 58.  Subsection (3) of section 292.05, Florida

24  Statutes, is amended to read:

25         292.05  Duties of Department of Veterans' Affairs.--

26         (3)  The department has authority to may adopt, amend,

27  or rescind such rules pursuant to ss. 120.54 and 120.536(1) to

28  implement the provisions of as it deems necessary to carry out

29  this chapter.

30         Section 59.  Paragraph (c) of subsection (1) of section

31  310.151, Florida Statutes, is amended to read:


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    CS for SB 1440                                 First Engrossed



  1         310.151  Rates of pilotage; Pilotage Rate Review

  2  Board.--

  3         (1)

  4         (c)  The board has authority to adopt rules pursuant to

  5  ss. 120.54 and 120.536(1) to implement provisions of is

  6  authorized to adopt such rules as are consistent with law and

  7  necessary to carry out the duties and authority conferred on

  8  it by this section conferring duties upon it. The department

  9  shall provide the staff required by the board to carry out its

10  duties under this section.

11         Section 60.  Subsection (1) of section 310.185, Florida

12  Statutes, is amended to read:

13         310.185  Rulemaking.--

14         (1)  The board has authority to adopt rules pursuant to

15  ss. 120.54 and 120.536(1) to implement shall have the power to

16  adopt rules necessary to the provisions of this chapter.

17         Section 61.  Subsection (1) of section 319.17, Florida

18  Statutes, is amended to read:

19         319.17  Rules; forms; indexes and records.--

20         (1)  The department has authority to may adopt such

21  rules pursuant to ss. 120.54 and 120.536(1) to implement the

22  provisions of as it deems necessary or proper for the

23  administration of this chapter, including rules that allow

24  alternative methods of proof of satisfaction of liens.

25         Section 62.  Section 320.011, Florida Statutes, is

26  amended to read:

27         320.011  Administration and enforcement; rules.--The

28  department shall administer and enforce the provisions of this

29  chapter and has authority to may adopt such rules pursuant to

30  ss. 120.54 and 120.536(1) to implement them as it deems

31  necessary or proper for the administration hereof.


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    CS for SB 1440                                 First Engrossed



  1         Section 63.  Section 320.69, Florida Statutes, is

  2  amended to read:

  3         320.69  Rules and regulations.--The department has

  4  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

  5  to implement the provisions of may make such rules and

  6  regulations as it shall deem necessary or proper for the

  7  effective administration and enforcement of this law.

  8         Section 64.  Section 320.824, Florida Statutes, is

  9  amended to read:

10         320.824  Rules and regulations, Changes and

11  modifications of standards.--

12         (1)  The department may make such rules and regulations

13  as it shall deem necessary or proper for the effective

14  administration and enforcement of ss. 320.822-320.90 and may

15  adopt by rule and promulgate any changes in, or additions to,

16  the standards adopted in s. 320.823 or s. 320.8231, which are

17  approved and officially published by the institute or

18  promulgated by the Department of Housing and Urban Development

19  subsequent to the effective date of this act.

20         (2)  The department or its authorized agent may enter

21  any place or establishment where mobile homes are

22  manufactured, sold, or offered for sale, for the purpose of

23  ascertaining whether the requirements of the code and the

24  rules regulations adopted by the department have been met.

25         Section 65.  Section 324.042, Florida Statutes, is

26  amended to read:

27         324.042  Administration.--The department shall

28  administer and enforce the provisions of this chapter, and has

29  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

30  to implement them the department may make such rules as may be

31  necessary for its administration.


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    CS for SB 1440                                 First Engrossed



  1         Section 66.  Subsection (2) of section 326.003, Florida

  2  Statutes, is amended to read:

  3         326.003  Administration.--The division shall:

  4         (2)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

  5  to implement administer ss. 326.001-326.006 and to classify

  6  brokers and salespersons and regulate their activities.

  7         Section 67.  Section 327.04, Florida Statutes, is

  8  amended to read:

  9         327.04  Rules and regulations.--

10         (1)  The department has authority to may adopt rules

11  pursuant to ss. 120.54 and 120.536(1), other than rules

12  pertaining to vessel registration or titling, to implement the

13  provisions of which are necessary for carrying out the

14  administrative powers and duties conferred on the department

15  by this chapter conferring powers or duties upon it.

16         (2)  The Department of Highway Safety and Motor

17  Vehicles has authority to may adopt rules pursuant to ss.

18  120.54 and 120.536(1) which pertain pertaining to vessel

19  registration and titling to implement the provisions of

20  necessary for carrying out the administrative duties,

21  obligations, and powers conferred on that department by this

22  chapter and chapter 328 conferring duties upon it.

23         Section 68.  Section 330.29, Florida Statutes, is

24  amended to read:

25         330.29  Administration and enforcement; rules;

26  standards for airport sites and airports.--It is the duty of

27  the department to:

28         (1)  Administer and enforce the provisions of this

29  chapter.;

30         (2)  Establish minimum standards for airport sites and

31  airports under its licensing jurisdiction.; and


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    CS for SB 1440                                 First Engrossed



  1         (3)  Adopt such rules pursuant to ss. 120.54 and

  2  120.536(1) as it deems necessary to implement administer and

  3  enforce the provisions of this chapter.

  4         Section 69.  Subsection (2) of section 334.044, Florida

  5  Statutes, is amended to read:

  6         334.044  Department; powers and duties.--The department

  7  shall have the following general powers and duties:

  8         (2)  To adopt rules pursuant to ss. 120.54 and

  9  120.536(1) to implement the provisions of law conferring

10  duties upon it, procedures, and standards for the conduct of

11  its business operations and the implementation of any

12  provision of law for which the department is responsible.

13         Section 70.  Paragraph (c) of subsection (10) of

14  section 339.175, Florida Statutes, is amended to read:

15         339.175  Metropolitan planning organization.--It is the

16  intent of the Legislature to encourage and promote the

17  development of transportation systems embracing various modes

18  of transportation in a manner that will maximize the mobility

19  of people and goods within and through urbanized areas of this

20  state and minimize, to the maximum extent feasible, and

21  together with applicable regulatory government agencies,

22  transportation-related fuel consumption and air pollution.  To

23  accomplish these objectives, metropolitan planning

24  organizations, referred to in this section as M.P.O.'s, shall

25  develop, in cooperation with the state, transportation plans

26  and programs for metropolitan areas. Such plans and programs

27  must provide for the development of transportation facilities

28  that will function as an intermodal transportation system for

29  the metropolitan area.  The process for developing such plans

30  and programs shall be continuing, cooperative, and

31


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    CS for SB 1440                                 First Engrossed



  1  comprehensive, to the degree appropriate, based on the

  2  complexity of the transportation problems.

  3         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

  4  COUNCIL.--

  5         (c)  The powers and duties of the Metropolitan Planning

  6  Organization Advisory Council are to:

  7         1.  Enter into contracts with individuals, private

  8  corporations, and public agencies.

  9         2.  Acquire, own, operate, maintain, sell, or lease

10  personal property essential for the conduct of business.

11         3.  Accept funds, grants, assistance, gifts, or

12  bequests from private, local, state, or federal sources.

13         4.  Establish bylaws and adopt rules pursuant to ss.

14  120.54 and 120.536(1) to implement provisions of law

15  conferring powers or duties upon it make rules to effectuate

16  its powers, responsibilities, and obligations.

17         5.  Assist M.P.O.'s in carrying out the urbanized area

18  transportation planning process by serving as the principal

19  forum for collective policy discussion pursuant to law.

20         6.  Serve as a clearinghouse for review and comment by

21  M.P.O.'s on the Florida Transportation Plan and on other

22  issues required to comply with federal or state law in

23  carrying out the urbanized area transportation and systematic

24  planning processes instituted pursuant to s. 339.155.

25         7.  Employ an executive director and such other staff

26  as necessary to perform adequately the functions of the

27  council, within budgetary limitations. The executive director

28  and staff are exempt from part II of chapter 110 and serve at

29  the direction and control of the council.  The council is

30  assigned to the Office of the Secretary of the Department of

31  Transportation or for fiscal and accountability purposes, but


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    CS for SB 1440                                 First Engrossed



  1  it shall otherwise function independently of the control and

  2  direction of the department.

  3         8.  Adopt an agency strategic plan that provides the

  4  priority directions the agency will take to carry out its

  5  mission within the context of the state comprehensive plan and

  6  any other statutory mandates and directions given to the

  7  agency.

  8         Section 71.  Subsection (2) of section 350.127, Florida

  9  Statutes, is amended to read:

10         350.127  Penalties; rules; execution of contracts.--

11         (2)  The commission is authorized to adopt, by

12  affirmative vote of a majority of the commission, rules

13  pursuant to ss. 120.54 and 120.536(1) to implement provisions

14  of law conferring duties upon it reasonably necessary to

15  implement any law which it administers.

16         Section 72.  Subsection (1) of section 366.05, Florida

17  Statutes, is amended to read:

18         366.05  Powers.--

19         (1)  In the exercise of such jurisdiction, the

20  commission shall have power to prescribe fair and reasonable

21  rates and charges, classifications, standards of quality and

22  measurements, and service rules and regulations to be observed

23  by each public utility; to require repairs, improvements,

24  additions, and extensions to the plant and equipment of any

25  public utility when reasonably necessary to promote the

26  convenience and welfare of the public and secure adequate

27  service or facilities for those reasonably entitled thereto;

28  to employ and fix the compensation for such examiners and

29  technical, legal, and clerical employees as it deems necessary

30  to carry out the provisions of this chapter; and to adopt

31  rules pursuant to ss. 120.54 and 120.536(1) to implement and


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    CS for SB 1440                                 First Engrossed



  1  enforce the provisions of prescribe all rules and regulations

  2  reasonably necessary and appropriate for the administration

  3  and enforcement of this chapter.

  4         Section 73.  Subsection (1) of section 367.121, Florida

  5  Statutes, is amended to read:

  6         367.121  Powers of commission.--

  7         (1)  In the exercise of its jurisdiction, the

  8  commission shall have power:

  9         (a)  To prescribe fair and reasonable rates and

10  charges, classifications, standards of quality and

11  measurements, and to prescribe service rules to be observed by

12  each utility, except to the extent such authority is expressly

13  given to another state agency.;

14         (b)  To prescribe, by rule, a uniform system and

15  classification of accounts for all utilities, which rules,

16  among other things, shall establish adequate, fair, and

17  reasonable depreciation rates and charges.;

18         (c)  To require such regular or emergency reports from

19  a utility, including, but not limited to, financial reports,

20  as the commission deems necessary and, if the commission finds

21  a financial report to be incomplete, incorrect, or

22  inconsistent with the uniform system and classification of

23  accounts, to require a new report or a supplemental report,

24  either of which the commission may require to be certified by

25  an independent certified public accountant licensed under

26  chapter 473.;

27         (d)  To require repairs, improvements, additions, and

28  extensions to any facility, or to require the construction of

29  a new facility, if reasonably necessary to provide adequate

30  and proper service to any person entitled to service or if

31  reasonably necessary to provide any prescribed quality of


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    CS for SB 1440                                 First Engrossed



  1  service, except that no utility shall be required to extend

  2  its service outside the geographic area described in its

  3  certificate of authorization, or make additions to its plant

  4  or equipment to serve outside such area, unless the commission

  5  first finds that the utility is financially able to make such

  6  additional investment without impairing its capacity to serve

  7  its existing customers.;

  8         (e)  To employ and fix the compensation for such

  9  examiners and technical, legal, and clerical employees as it

10  deems necessary to carry out the provisions of this chapter.;

11         (f)  To adopt, by affirmative vote of a majority of the

12  commission, rules pursuant to ss. 120.54 and 120.536(1) to

13  implement and enforce the provisions of reasonably necessary

14  and appropriate for the administration and enforcement of this

15  chapter.;

16         (g)  To exercise all judicial powers, issue all writs,

17  and do all things necessary or convenient to the full and

18  complete exercise of its jurisdiction and the enforcement of

19  its orders and requirements.;

20         (h)  To order interconnections of service or facilities

21  between utilities, and to approve any plant capacity charges

22  or wholesale service charges or rates related thereto,

23  provided the commission first finds that the utility is

24  financially able to make such additional investment as is

25  required without impairing its capacity to serve its existing

26  customers.;

27         (i)  To require the filing of reports and other data by

28  a public utility or its affiliated companies, including its

29  parent company, regarding transactions or allocations of

30  common costs, among the utility and such affiliated companies.

31  The commission may also require such reports or other data


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    CS for SB 1440                                 First Engrossed



  1  necessary to ensure that a utility's ratepayers do not

  2  subsidize nonutility activities.;

  3         (j)  To seek relief in circuit court including

  4  temporary and permanent injunctions, restraining orders, or

  5  any other appropriate order, because the Legislature finds

  6  that violations of commission orders or rules, in connection

  7  with the impairment of a utility's operations or service,

  8  constitute irreparable harm for which there is no adequate

  9  remedy at law.  Such remedies shall be in addition to and

10  supplementary to any other remedies available for enforcement

11  of agency action under s. 120.69 or the provisions of this

12  chapter. The commission shall establish procedures

13  implementing this section by rule.; and

14         (k)  To assess a utility for reasonable travel costs

15  associated with reviewing the records of the utility and its

16  affiliates when such records are kept out of state.  The

17  utility may bring the records back into the state for review.

18         Section 74.  Section 368.05, Florida Statutes, is

19  amended to read:

20         368.05  Commission jurisdiction, rules and

21  regulations.--

22         (1)  In addition to its existing functions, the Florida

23  Public Service Commission shall have jurisdiction over all

24  persons, corporations, partnerships, associations, public

25  agencies, municipalities, or other legal entities engaged in

26  the operation of gas transmission or distribution facilities

27  with respect to their compliance with the rules and

28  regulations governing safety standards established by the

29  commission pursuant to this law.  The jurisdiction conferred

30  upon the commission hereby shall be exclusive of and superior

31  to that of all other boards, agencies, political subdivisions,


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    CS for SB 1440                                 First Engrossed



  1  municipalities, towns, villages, or counties; and in case of

  2  conflict therewith all lawful safety acts, orders, and rules,

  3  and regulations of the commission shall in each instance

  4  prevail.

  5         (2)  The commission shall have the power to perform any

  6  and all acts, and to prescribe, issue, make, amend, and

  7  rescind such orders, rules, and regulations not inconsistent

  8  herewith as it may find necessary or appropriate to the

  9  exercise of the authority granted under the provisions of this

10  law. The commission has authority to adopt rules pursuant to

11  ss. 120.54 and 120.536(1) to implement provisions of law

12  conferring duties upon it. The commission may require the

13  filing of periodic reports and all other data reasonably

14  necessary to determine whether the safety standards prescribed

15  by it are being complied with; may require repairs and

16  improvements to the gas transmission and distribution piping

17  systems subject to this law which are reasonably necessary to

18  promote the protection of the public; and may exercise all

19  judicial powers, issue all writs, and do all things necessary

20  or convenient to the full and complete exercise of its

21  jurisdiction and the enforcement of its safety orders and

22  rules and regulations adopted pursuant to this law.

23         (3)  The jurisdiction conferred upon the commission by

24  this part does not extend to the distribution of gas beyond

25  the last meter prior to consumption.

26         Section 75.  Subsection (6) of section 369.20, Florida

27  Statutes, is amended to read:

28         369.20  Florida Aquatic Weed Control Act.--

29         (6)  The department shall adopt rules pursuant to ss.

30  120.54 and 120.536(1) to implement provisions of this section

31  conferring powers or duties upon it, amend, or repeal all


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    CS for SB 1440                                 First Engrossed



  1  rules as necessary to carry out the duties, obligations, and

  2  powers set forth in this section and perform any other acts

  3  necessary for the proper administration, enforcement, or

  4  interpretation of this section, including creating general

  5  permits and exemptions and adopting rules and forms governing

  6  reports.

  7         Section 76.  Subsection (11) of section 369.22, Florida

  8  Statutes, is amended to read:

  9         369.22  Nonindigenous aquatic plant control.--

10         (11)  The department shall adopt rules pursuant to ss.

11  120.54 and 120.536(1) to implement the provisions of, amend,

12  or repeal all rules as necessary to carry out the duties,

13  obligations, and powers set forth in this section conferring

14  powers or duties upon it and perform any other acts necessary

15  for the proper administration, enforcement, or interpretation

16  of this section, including adopting rules and forms governing

17  reports.

18         Section 77.  Subsection (3) of section 369.251, Florida

19  Statutes, is amended to read:

20         369.251  Invasive nonnative plants; prohibitions;

21  study; removal; rules.--

22         (3)  The department has authority to shall adopt rules

23  pursuant to ss. 120.54 and 120.536(1) to implement the

24  provisions of necessary to implement this section. Possession

25  or transportation resulting from natural dispersion, mulching

26  operations, control and disposal, or use in herbaria or other

27  educational or research institutions, or for other reasons

28  determined by the department to be consistent with this

29  section and where there is neither the danger of, nor intent

30  to, further disperse any plant species prohibited by this

31


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    CS for SB 1440                                 First Engrossed



  1  section, is not subject to the permit or penalty provisions of

  2  this section.

  3         Section 78.  Subsection (1) of section 370.021, Florida

  4  Statutes, is amended to read:

  5         370.021  Administration; rules, publications, records;

  6  penalty for violation of chapter; injunctions.--

  7         (1)  RULES AND REGULATIONS.--The Department of

  8  Environmental Protection has authority to adopt rules pursuant

  9  to ss. 120.54 and 120.536(1) to implement provisions of law

10  conferring powers or duties upon it shall make, adopt,

11  promulgate, amend, and repeal all rules and regulations

12  necessary or convenient for the carrying out of the duties,

13  obligations, powers, and responsibilities conferred on the

14  department or any of its divisions. The director of each

15  division shall submit to the department suggested rules and

16  regulations for that division. Any person violating or

17  otherwise failing to comply with any of the rules and

18  regulations adopted as aforesaid is guilty of a misdemeanor of

19  the second degree, punishable as provided in s. 775.082 or s.

20  775.083, unless otherwise provided by law.

21         Section 79.  Subsection (5) of section 370.092, Florida

22  Statutes, is amended to read:

23         370.092  Carriage of proscribed nets across Florida

24  waters.--

25         (5)  The department has authority to adopt rules

26  pursuant to ss. 120.54 and 120.536(1) to implement the

27  provisions of is authorized to make and adopt reasonable

28  rules, regulations, and orders, including emergency rules, to

29  implement this section.  The department shall adopt emergency

30  rules to implement the provisions of subparagraph (4)(c)1. by

31  August 1, 1996.


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    CS for SB 1440                                 First Engrossed



  1         Section 80.  Subsection (1) of section 370.15, Florida

  2  Statutes, is amended to read:

  3         370.15  Shrimp; regulation.--

  4         (1)  GENERAL AUTHORITY; CONSERVATION.--The department

  5  has authority to adopt rules pursuant to ss. 120.54 and

  6  120.536(1) to implement the provisions of this section. The

  7  department shall encourage is authorized and directed to

  8  adopt, promulgate, and enforce rules and regulations

  9  consistent with the provisions of this section and the general

10  policy of encouraging the production of the maximum sustained

11  yield consistent with the preservation and protection of

12  breeding stock, taking into consideration the recommendations

13  of the various marine laboratories, as well as those of

14  interested and experienced groups of private citizens. Such

15  Rules shall and regulations are to control the method, manner,

16  and equipment used in the taking of shrimp or prawn, as well

17  as limiting and defining the areas where taken.

18         Section 81.  Section 373.043, Florida Statutes, is

19  amended to read:

20         373.043  Adoption and enforcement of rules regulations

21  by the department.--The department has authority to adopt

22  rules pursuant to ss. 120.54 and 120.536(1) shall adopt,

23  promulgate, and enforce such regulations and review procedures

24  as may be necessary or convenient to implement administer the

25  provisions of this chapter.

26         Section 82.  Section 373.044, Florida Statutes, is

27  amended to read:

28         373.044  Rules and regulations; enforcement;

29  availability of personnel rules.--In administering this

30  chapter, The governing board of the district is authorized to

31  make and adopt rules pursuant to ss. 120.54 and 120.536(1) to


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    CS for SB 1440                                 First Engrossed



  1  implement the provisions of this chapter. reasonable rules,

  2  regulations, and orders which are consistent with law; and

  3  such Rules, regulations, and orders may be enforced by

  4  mandatory injunction or other appropriate action in the courts

  5  of the state. Rules relating to personnel matters shall be

  6  made available to the public and affected persons at no more

  7  than cost but need not be published in the Florida

  8  Administrative Code or the Florida Administrative Weekly.

  9         Section 83.  Section 373.113, Florida Statutes, is

10  amended to read:

11         373.113  Adoption of rules regulations by the governing

12  board.--In administering the provisions of this chapter the

13  governing board has authority to adopt rules pursuant to ss.

14  120.54 and 120.536(1) to implement provisions of law

15  conferring powers or duties upon it shall adopt, promulgate,

16  and enforce such regulations as may be reasonably necessary to

17  effectuate its powers, duties, and functions pursuant to the

18  provisions of chapter 120.

19         Section 84.  Section 373.171, Florida Statutes, is

20  amended to read:

21         373.171  Rules and regulations.--

22         (1)  In order to obtain the most beneficial use of the

23  water resources of the state and to protect the public health,

24  safety, and welfare and the interests of the water users

25  affected, governing boards, by action not inconsistent with

26  the other provisions of this law and without impairing

27  property rights, may:

28         (a)  Adopt Establish rules, regulations, or issue

29  orders affecting the use of water, as conditions warrant, and

30  forbidding the construction of new diversion facilities or

31  wells, the initiation of new water uses, or the modification


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    CS for SB 1440                                 First Engrossed



  1  of any existing uses, diversion facilities, or storage

  2  facilities within the affected area.

  3         (b)  Regulate the use of water within the affected area

  4  by apportioning, limiting, or rotating uses of water or by

  5  preventing those uses which the governing board finds have

  6  ceased to be reasonable or beneficial.

  7         (c)  Issue orders and adopt rules pursuant to ss.

  8  120.54 and 120.536(1) to implement the provisions of this

  9  chapter Make other rules, regulations, and orders necessary

10  for the preservation of the interests of the public and of

11  affected water users.

12         (2)  In adopting promulgating rules and regulations and

13  issuing orders under this law, the governing board shall act

14  with a view to full protection of the existing rights to water

15  in this state insofar as is consistent with the purpose of

16  this law.

17         (3)  No rule, regulation or order shall require any

18  modification of existing use or disposition of water in the

19  district unless it is shown that the use or disposition

20  proposed to be modified is detrimental to other water users or

21  to the water resources of the state.

22         (4)  All rules and regulations adopted by the governing

23  board shall be filed with the Department of State as provided

24  in chapter 120. An information copy will be filed with the

25  Department of Environmental Protection.

26         Section 85.  Section 373.337, Florida Statutes, is

27  amended to read:

28         373.337  Rules.--The department shall, by July 1, 1989,

29  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

30  the provisions of this part, providing each water management

31  district and representatives of the water well contracting


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    CS for SB 1440                                 First Engrossed



  1  industry with meaningful opportunity to participate in the

  2  development of the rules as they are drafted. The rules shall

  3  be adopted by each water management district.

  4         Section 86.  Subsection (3) of section 373.418, Florida

  5  Statutes, is amended to read:

  6         373.418  Rulemaking; preservation of existing

  7  authority.--

  8         (3)  The department or governing boards have authority

  9  to may adopt such rules pursuant to ss. 120.54 and 120.536(1)

10  as are necessary to implement the provisions of this part.

11  Such rules shall be consistent with the water resource

12  implementation rule and shall not allow harm to water

13  resources or be contrary to the policy set forth in s.

14  373.016.

15         Section 87.  Section 376.07, Florida Statutes, is

16  amended to read:

17         376.07  Regulatory powers of department; penalties for

18  inadequate booming by terminal facilities.--The department

19  shall from time to time adopt, amend, repeal, and enforce

20  reasonable rules insofar as they relate to discharges of

21  pollutants into the waters of this state or onto the coasts of

22  this state.

23         (1)  The department shall adopt rules pursuant to ss.

24  120.54 and 120.536(1) to implement ss. 376.011-376.21 rules

25  shall be adopted in accordance with the Administrative

26  Procedure Act, chapter 120.

27         (2)  The department shall adopt rules including, but

28  not limited to, the following matters:

29         (a)  Operation and inspection requirements for

30  discharge prevention, abatement, and cleanup capabilities of

31


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    CS for SB 1440                                 First Engrossed



  1  terminal facilities and vessels, and other matters relating to

  2  certification under ss. 376.011-376.21.

  3         (b)  Procedures and methods of reporting discharges and

  4  other occurrences prohibited by ss. 376.011-376.21.

  5         (c)  Procedures, methods, means, and equipment to be

  6  used by persons subject to regulation by ss. 376.011-376.21 in

  7  the removal of pollutants.

  8         (d)  Development and implementation of criteria and

  9  plans to meet pollution occurrences of various degrees and

10  kinds.

11         (e)  Creation by contract or administrative action of a

12  state response team which shall be responsible for creating

13  and maintaining a contingency plan of response, organization,

14  and equipment for handling emergency cleanup operations and

15  wildlife rescue and rehabilitation operations.  The state

16  plans shall include detailed emergency operating procedures

17  for the state as a whole, and the team shall from time to time

18  conduct practice alerts.  These plans shall be filed with the

19  Governor and all Coast Guard stations in the state and Coast

20  Guard captains of the port having responsibility for

21  enforcement of federal pollution laws within the state.  The

22  contingency plan shall include all necessary information for

23  the total containment and cleanup of pollution, including, but

24  not limited to, an inventory of equipment and its location, a

25  table of organization with the names, addresses, and telephone

26  numbers of all persons responsible for implementing every

27  phase of the plan, including a plan for wildlife rescue and

28  rehabilitation operations, a list of available sources of

29  supplies necessary for cleanup, and a designation of priority

30  zones to determine the sequence and methods of cleanup. The

31  state response team shall act independently of agencies of the


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    CS for SB 1440                                 First Engrossed



  1  Federal Government but is directed to cooperate with any

  2  federal cleanup operation.

  3         (f)  Requirements for minimum weather and sea

  4  conditions for permitting a vessel to enter port and for the

  5  safety and operation of vessels, barges, tugs, motor vehicles,

  6  motorized equipment, and other equipment relating to the use

  7  and operation of terminals, facilities, and refineries, the

  8  approach and departure from terminals, facilities, and

  9  refineries, and requirements that containment gear approved by

10  the department be on hand and maintained by terminal

11  facilities and refineries with adequate personnel trained in

12  its use.

13         (g)  Requirements that, prior to being granted entry

14  into any port in this state, the master of a vessel shall

15  report:

16         1.  Any discharges of pollutants the vessel has had

17  since leaving the last port.

18         2.  Any mechanical problem on the vessel which creates

19  the possibility of a discharge.

20         3.  Any denial of entry into any port during the

21  current cruise of the vessel.

22         (h)  Requirements that any terminal facility be subject

23  to a complete and thorough inspection whenever the terminal

24  facility causes or permits the discharge of a pollutant in

25  violation of the provisions of ss. 376.011-376.21, and at

26  other reasonable times. If the department determines there are

27  unsatisfactory preventive measures or containment and cleanup

28  capabilities, it shall, within a reasonable time after notice

29  and hearing in compliance with chapter 120, suspend the

30  registration until such time as there is compliance with the

31  department requirements.


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    CS for SB 1440                                 First Engrossed



  1         (i)  Such other rules as the exigencies of any

  2  condition may require or as may reasonably be necessary to

  3  carry out the intent of ss. 376.011-376.21.

  4         (3)  The department shall not require vessels to

  5  maintain discharge prevention gear, holding tanks, and

  6  containment gear which exceed federal requirements.  However,

  7  a terminal facility transferring heavy oil to or from a vessel

  8  with a heavy oil storage capacity greater than 10,000 gallons

  9  shall be required, considering existing weather and tidal

10  conditions, to adequately boom or seal off the transfer area

11  during a transfer, including, but not limited to, a bunkering

12  operation, to minimize the escape of such pollutants from the

13  containment area.  As used in this subsection, the term

14  "adequate booming" means booming with proper containment

15  equipment which is employed and located for the purpose of

16  preventing, for the most likely discharge, as much of the

17  pollutant as possible from escaping out of the containment

18  area.

19         (a)  The owner or operator of a terminal facility

20  involved in the transfer of such pollutant to or from a vessel

21  which is not adequately boomed commits a noncriminal

22  infraction and shall be cited for such infraction.  The civil

23  penalty for such an infraction shall be $2,500, except as

24  otherwise provided in this section.

25         (b)  Any person cited for an infraction under this

26  section may:

27         1.  Pay the civil penalty;

28         2.  Post bond equal to the amount of the applicable

29  civil penalty; or

30         3.  Sign and accept a citation indicating a promise to

31  appear before the county court.


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    CS for SB 1440                                 First Engrossed



  1

  2  The officer authorized to issue these citations may indicate

  3  on the citation the time and location of the scheduled hearing

  4  and shall indicate the applicable civil penalty.

  5         (c)  Any person who willfully refuses to post bond or

  6  accept and sign a citation commits a misdemeanor of the second

  7  degree, punishable as provided in s. 775.082 or s. 775.083.

  8         (d)  After compliance with subparagraph (b)2. or

  9  subparagraph (b)3., any person charged with a noncriminal

10  infraction under this section may:

11         1.  Pay the civil penalty, either by mail or in person,

12  within 30 days after the date of receiving the citation; or

13         2.  If the person has posted bond, forfeit the bond by

14  not appearing at the designated time and location.

15

16  A person cited for an infraction under this section who pays

17  the civil penalty or forfeits the bond has admitted the

18  infraction and waives the right to a hearing on the issue of

19  commission of the infraction.  Such admission may not be used

20  as evidence in any other proceedings.

21         (e)  Any person who elects to appear before the county

22  court or who is required to appear waives the limitations of

23  the civil penalty specified in paragraph (a).  The issue of

24  whether an infraction has been committed and the severity of

25  the infraction shall be determined by a hearing official at a

26  hearing.  If the commission of the infraction is proved by the

27  greater weight of the evidence, the court shall impose a civil

28  penalty of $2,500.  If the court determines that the owner or

29  operator of the terminal facility failed to deploy any boom

30  equipment during such a transfer, including, but not limited

31  to, a bunkering operation, the civil penalty shall be $5,000.


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    CS for SB 1440                                 First Engrossed



  1         (f)  A person who is found by the hearing official to

  2  have committed an infraction may appeal that finding to the

  3  circuit court.

  4         (g)  Any person who has not posted bond and who fails

  5  either to pay the civil penalty specified in paragraph (a)

  6  within 30 days after receipt of the citation or to appear

  7  before the court commits a misdemeanor of the second degree,

  8  punishable as provided in s. 775.082 or s. 775.083.

  9         Section 88.  Section 377.22, Florida Statutes, is

10  amended to read:

11         377.22  Rules, regulations, and orders.--

12         (1)  The department shall provide, by rule rules and

13  regulations, for ratable takings in all pools on a reasonable

14  and equitable basis.

15         (2)  The department shall adopt such rules and

16  regulations, and shall issue such orders and adopt rules

17  pursuant to ss. 120.54 and 120.536(1) to implement and enforce

18  the provisions of, governing all phases of the exploration,

19  drilling, and production of oil, gas, or other petroleum

20  products in the state, including exploration, drilling, and

21  production in the offshore waters of the state as may be

22  necessary for the proper administration and enforcement of

23  this chapter.  Such rules, regulations, and orders shall

24  ensure that all precautions are taken to prevent the spillage

25  of oil or any other pollutant in all phases of the drilling

26  for, and extracting of, oil, gas, or other petroleum products.

27  The department shall revise such rules and regulations from

28  time to time as may be necessary for the proper administration

29  and enforcement of this chapter. Rules adopted, regulations,

30  and orders issued promulgated in accordance with this section

31


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    CS for SB 1440                                 First Engrossed



  1  shall be for, but shall not be limited to, the following

  2  purposes:

  3         (a)  To require the drilling, casing, and plugging of

  4  wells to be done in such a manner as to prevent the pollution

  5  of the fresh, salt, or brackish waters or the lands of the

  6  state.

  7         (b)  To prevent the alteration of the sheet flow of

  8  water in any area.

  9         (c)  To require that appropriate safety equipment be

10  installed to minimize the possibility of an escape of oil or

11  other petroleum products in the event of accident, human

12  error, or a natural disaster during drilling, casing, or

13  plugging of any well and during extraction operations.

14         (d)  To require the drilling, casing, and plugging of

15  wells to be done in such a manner as to prevent the escape of

16  oil or other petroleum products from one stratum to another.

17         (e)  To prevent the intrusion of water into an oil or

18  gas stratum from a separate stratum, except as provided by

19  rules of the division relating to the injection of water for

20  proper reservoir conservation and brine disposal.

21         (f)  To require a reasonable bond, or other form of

22  security acceptable to the department, conditioned upon the

23  performance of the duty to plug properly each dry and

24  abandoned well and the full and complete restoration by the

25  applicant of the area over which geophysical exploration,

26  drilling, or production is conducted to the similar contour

27  and general condition in existence prior to such operation.

28         (g)  To require and carry out a reasonable program of

29  monitoring or inspection of all drilling operations or

30  producing wells, including regular inspections by division

31  personnel.


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    CS for SB 1440                                 First Engrossed



  1         (h)  To require the making of reports showing the

  2  location of all oil and gas wells; the making and filing of

  3  logs; the taking and filing of directional surveys; the filing

  4  of electrical, sonic, radioactive, and mechanical logs of oil

  5  and gas wells; if taken, the saving of cutting and cores, the

  6  cuts of which shall be given to the Bureau of Geology; and the

  7  making of reports with respect to drilling and production

  8  records.  However, such information, or any part thereof, at

  9  the request of the operator, shall be exempt from the

10  provisions of s. 119.07(1) and held confidential by the

11  division for a period of 1 year after the completion of a

12  well.

13         (i)  To prevent wells from being drilled, operated, or

14  produced in such a manner as to cause injury to neighboring

15  leases or property.

16         (j)  To prevent the drowning by water of any stratum,

17  or part thereof, capable of producing oil or gas in paying

18  quantities and to prevent the premature and irregular

19  encroachment of water which reduces, or tends to reduce, the

20  total ultimate recovery of oil or gas from any pool.

21         (k)  To require the operation of wells with efficient

22  gas-oil ratio, and to fix such ratios.

23         (l)  To prevent "blowouts," "caving," and "seepage," in

24  the sense that conditions indicated by such terms are

25  generally understood in the oil and gas business.

26         (m)  To prevent fires.

27         (n)  To identify the ownership of all oil or gas wells,

28  producing leases, refineries, tanks, plants, structures, and

29  storage and transportation equipment and facilities.

30         (o)  To regulate the "shooting," perforating and

31  chemical treatment of wells.


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    CS for SB 1440                                 First Engrossed



  1         (p)  To regulate secondary recovery methods, including

  2  the introduction of gas, air, water, or other substance into

  3  producing formations.

  4         (q)  To regulate gas cycling operations.

  5         (r)  If necessary for the prevention of waste, as

  6  herein defined, to determine, limit, and prorate the

  7  production of oil or gas, or both, from any pool or field in

  8  the state.

  9         (s)  To require, either generally or in or from

10  particular areas, certificates of clearance or tenders in

11  connection with the transportation or delivery of oil or gas,

12  or any product.

13         (t)  To regulate the spacing of wells and to establish

14  drilling units.

15         (u)  To prevent, so far as is practicable, reasonably

16  avoidable drainage from each developed unit which is not

17  equalized by counterdrainage.

18         (v)  To require that geophysical operations requiring a

19  permit be conducted in a manner which will minimize the impact

20  on hydrology and biota of the area, especially environmentally

21  sensitive lands and coastal areas.

22         (w)  To regulate aboveground crude oil storage tanks in

23  a manner which will protect the water resources of the state.

24         (x)  To act in a receivership capacity for fractional

25  mineral interests for which the owners are unknown or

26  unlocated and to administratively designate the operator as

27  the lessee.

28         Section 89.  Paragraph (g) of subsection (3) of section

29  377.703, Florida Statutes, is amended to read:

30

31


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    CS for SB 1440                                 First Engrossed



  1         377.703  Additional functions of the Department of

  2  Community Affairs; energy emergency contingency plan; federal

  3  and state conservation programs.--

  4         (3)  DEPARTMENT OF COMMUNITY AFFAIRS; DUTIES.--The

  5  Department of Community Affairs shall, in addition to assuming

  6  the duties and responsibilities provided by ss. 20.18 and

  7  377.701, perform the following functions consistent with the

  8  development of a state energy policy:

  9         (g)  The department has authority to adopt rules

10  pursuant to ss. 120.54 and 120.536(1) to implement the

11  provisions of is authorized to make any rules or regulations

12  pursuant to chapter 120 as are necessary to carry out the

13  purposes of this act.

14         Section 90.  Paragraph (d) of subsection (1) of section

15  378.205, Florida Statutes, is amended to read:

16         378.205  Administration; powers and duties of the

17  department; agency review responsibility.--

18         (1)  The department shall administer the provisions of

19  this part and shall have the following powers and duties:

20         (d)  To adopt those rules pursuant to ss. 120.54 and

21  120.536(1) necessary to implement the provisions of administer

22  this part.

23         Section 91.  Subsection (1) of section 378.404, Florida

24  Statutes, is amended to read:

25         378.404  Department of Environmental Protection; powers

26  and duties.--The department shall have the following powers

27  and duties:

28         (1)  To adopt rules pursuant to ss. 120.54 and

29  120.536(1) procedural rules to implement the provisions of

30  this part.

31


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    CS for SB 1440                                 First Engrossed



  1         Section 92.  Paragraph (c) of subsection (22) of

  2  section 380.05, Florida Statutes, is amended to read:

  3         380.05  Areas of critical state concern.--

  4         (22)  All state agencies with rulemaking authority for

  5  programs that affect a designated area of critical state

  6  concern shall review those programs for consistency with the

  7  purpose of the designation and principles for guiding

  8  development, and shall adopt specific permitting standards and

  9  criteria applicable in the designated area, or otherwise amend

10  the program, as necessary to further the purpose of the

11  designation.

12         (c)  The Administration Commission has authority to may

13  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

14  the provisions of this subsection.

15         Section 93.  Paragraph (f) of subsection (4) of section

16  380.0651, Florida Statutes, is amended to read:

17         380.0651  Statewide guidelines and standards.--

18         (4)  Two or more developments, represented by their

19  owners or developers to be separate developments, shall be

20  aggregated and treated as a single development under this

21  chapter when they are determined to be part of a unified plan

22  of development and are physically proximate to one other.

23         (f)  Pursuant to chapter 120, The state land planning

24  agency has authority to adopt rules pursuant to ss. 120.54 and

25  120.536(1) to implement the provisions of shall adopt rules as

26  necessary to implement this subsection.

27         Section 94.  Subsection (13) of section 381.0011,

28  Florida Statutes, is amended to read:

29         381.0011  Duties and powers of the Department of

30  Health.--It is the duty of the Department of Health to:

31


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    CS for SB 1440                                 First Engrossed



  1         (13)  Adopt, repeal, and amend rules pursuant to ss.

  2  120.54 and 120.536(1) to implement the provisions of law

  3  conferring duties upon it consistent with law.  This

  4  subsection does not authorize the department to require a

  5  permit or license unless such requirement is specifically

  6  provided by law.

  7         Section 95.  Section 384.33, Florida Statutes, is

  8  amended to read:

  9         384.33  Rules.--The department may adopt rules pursuant

10  to ss. 120.54 and 120.536(1) to implement carry out the

11  provisions of this chapter.

12         Section 96.  Subsection (12) of section 391.026,

13  Florida Statutes, is amended to read:

14         391.026  Powers and duties of the department.--To

15  administer its programs of children's medical services, the

16  department shall have the following powers, duties, and

17  responsibilities:

18         (12)  To adopt rules pursuant to ss. 120.54 and

19  120.536(1) to implement make rules to carry out the provisions

20  of this act.

21         Section 97.  Section 392.66, Florida Statutes, is

22  amended to read:

23         392.66  Rules.--The department shall adopt rules

24  pursuant to ss. 120.54 and 120.536(1) to implement carry out

25  the provisions of this chapter.

26         Section 98.  Subsection (1) of section 394.879, Florida

27  Statutes, is amended to read:

28         394.879  Rules; enforcement.--

29         (1)  The department shall adopt reasonable rules

30  pursuant to ss. 120.54 and 120.536(1) to implement the

31


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    CS for SB 1440                                 First Engrossed



  1  provisions of this chapter, including, at a minimum, rules

  2  providing standards to ensure that:

  3         (a)  Sufficient numbers and types of qualified

  4  personnel are on duty and available at all times to provide

  5  necessary and adequate client safety and care.

  6         (b)  Adequate space is provided each client of a

  7  licensed facility.

  8         (c)  Licensed facilities are limited to an appropriate

  9  number of beds.

10         (d)  Each licensee establishes and implements adequate

11  infection control, housekeeping, sanitation, disaster

12  planning, and medical recordkeeping.

13         (e)  Licensed facilities are established, organized,

14  and operated in accordance with programmatic standards of the

15  department.

16         Section 99.  Subsection (1) of section 395.1055,

17  Florida Statutes, is amended to read:

18         395.1055  Rules and enforcement.--

19         (1)  The agency shall adopt, amend, promulgate, and

20  enforce rules pursuant to ss. 120.54 and 120.536(1) to

21  implement the provisions of this part, which shall include

22  reasonable and fair minimum standards for ensuring that:

23         (a)  Sufficient numbers and qualified types of

24  personnel and occupational disciplines are on duty and

25  available at all times to provide necessary and adequate

26  patient care and safety.

27         (b)  Infection control, housekeeping, sanitary

28  conditions, and medical record procedures that will adequately

29  protect patient care and safety are established and

30  implemented.

31


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    CS for SB 1440                                 First Engrossed



  1         (c)  A comprehensive emergency management plan is

  2  prepared and updated annually.  Such standards must be

  3  included in the rules adopted by the agency after consulting

  4  with the Department of Community Affairs.  At a minimum, the

  5  rules must provide for plan components that address emergency

  6  evacuation transportation; adequate sheltering arrangements;

  7  postdisaster activities, including emergency power, food, and

  8  water; postdisaster transportation; supplies; staffing;

  9  emergency equipment; individual identification of residents

10  and transfer of records, and responding to family inquiries.

11  The comprehensive emergency management plan is subject to

12  review and approval by the local emergency management agency.

13  During its review, the local emergency management agency shall

14  ensure that the following agencies, at a minimum, are given

15  the opportunity to review the plan: the Department of Elderly

16  Affairs, the Department of Health and Rehabilitative Services,

17  the Agency for Health Care Administration, and the Department

18  of Community Affairs. Also, appropriate volunteer

19  organizations must be given the opportunity to review the

20  plan.  The local emergency management agency shall complete

21  its review within 60 days and either approve the plan or

22  advise the facility of necessary revisions.

23         (d)  Facilities are structurally capable of serving as

24  shelters and equipped to be self-supporting during and

25  immediately following disasters.

26         (e)  Construction, maintenance, repair, lifesafety, and

27  renovation of licensed facilities are governed by the most

28  recently adopted, nationally recognized lifesafety code,

29  except as may be specifically modified by rule.

30         (f)  Licensed facilities are established, organized,

31  and operated consistent with established standards and rules.


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    CS for SB 1440                                 First Engrossed



  1         (g)  Licensed facility beds conform to minimum space,

  2  equipment, and furnishings standards as specified by the

  3  department.

  4         (h)  All hospitals submit such data as necessary to

  5  conduct certificate-of-need reviews required under ss.

  6  408.031-408.045. Such data shall include, but shall not be

  7  limited to, patient origin data, hospital utilization data,

  8  type of service reporting, and facility staffing data.  The

  9  agency shall not collect data that identifies or could

10  disclose the identity of individual patients. The agency shall

11  utilize existing uniform statewide data sources when available

12  and shall minimize reporting costs to hospitals.

13         (i)  Each hospital has a quality improvement program

14  designed according to standards established by their current

15  accrediting organization. This program will enhance quality of

16  care and emphasize quality patient outcomes, corrective action

17  for problems, governing board review, and reporting to the

18  agency of standardized data elements necessary to analyze

19  quality of care outcomes.  The agency shall use existing data,

20  when available, and shall not duplicate the efforts of other

21  state agencies in order to obtain such data.

22         Section 100.  Subsection (7) of section 403.061,

23  Florida Statutes, is amended to read:

24         403.061  Department; powers and duties.--The department

25  shall have the power and the duty to control and prohibit

26  pollution of air and water in accordance with the law and

27  rules adopted and promulgated by it and, for this purpose, to:

28         (7)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

29  to implement the provisions of, modify, and repeal rules and

30  regulations to carry out the intent and purposes of this act.

31  Any rule or regulation adopted pursuant to this act shall be


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    CS for SB 1440                                 First Engrossed



  1  consistent with the provisions of federal law, if any,

  2  relating to control of emissions from motor vehicles, effluent

  3  limitations, pretreatment requirements, or standards of

  4  performance. No county, municipality, or political subdivision

  5  shall adopt or enforce any local ordinance, special law, or

  6  local regulation requiring the installation of Stage II vapor

  7  recovery systems, as currently defined by department rule,

  8  unless such county, municipality, or political subdivision is

  9  or has been in the past designated by federal regulation as a

10  moderate, serious, or severe ozone nonattainment area. Rules

11  adopted pursuant to this act shall not require dischargers of

12  waste into waters of the state to improve natural background

13  conditions. Discharges from steam electric generating plants

14  existing or licensed under this chapter on July 1, 1984, shall

15  not be required to be treated to a greater extent than may be

16  necessary to assure that the quality of nonthermal components

17  of discharges from nonrecirculated cooling water systems is as

18  high as the quality of the makeup waters; that the quality of

19  nonthermal components of discharges from recirculated cooling

20  water systems is no lower than is allowed for blowdown from

21  such systems; or that the quality of noncooling system

22  discharges which receive makeup water from a receiving body of

23  water which does not meet applicable department water quality

24  standards is as high as the quality of the receiving body of

25  water. The department may not adopt standards more stringent

26  than federal regulations, except as provided in s. 403.804.

27

28  The department shall implement such programs in conjunction

29  with its other powers and duties and shall place special

30  emphasis on reducing and eliminating contamination that

31


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  1  presents a threat to humans, animals or plants, or to the

  2  environment.

  3         Section 101.  Paragraph (a) of subsection (5) and

  4  subsection (10) of section 403.1835, Florida Statutes, are

  5  amended to read:

  6         403.1835  Sewage treatment facilities revolving loan

  7  program.--

  8         (5)(a)  The department has authority to adopt rules

  9  pursuant to ss. 120.54 and 120.536(1) to implement the

10  provisions of is authorized to make rules necessary to carry

11  out the purpose of this section, including rules to administer

12  the state revolving fund authorized pursuant to the Federal

13  Water Pollution Control Act, as amended.

14         (10)(a)  Because the Legislature has experienced

15  revenue shortfalls in recent years and has been unable to

16  provide enough funds to fully match available federal funds to

17  help capitalize the Sewage Treatment Revolving Loan Fund, it

18  is necessary for innovative approaches to be considered to

19  help capitalize the revolving loan fund. The department shall

20  evaluate potential innovative approaches that can generate

21  funds to match available federal funds. The department shall

22  consider, among other possible alternatives, the option of

23  implementing by rule a program to allow local governments to

24  offer funds voluntarily to the state for use as a match to

25  available federal funds to capitalize the state sewage

26  treatment revolving loan fund.

27         (b)  The department may adopt rules necessary to

28  administer this section.

29         Section 102.  Subsection (1) of section 403.504,

30  Florida Statutes, is amended to read:

31


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  1         403.504  Department of Environmental Protection; powers

  2  and duties enumerated.--The department shall have the

  3  following powers and duties in relation to this act:

  4         (1)  To adopt, promulgate, or amend reasonable rules

  5  pursuant to ss. 120.54 and 120.536(1) to implement the

  6  provisions of this act, including rules setting forth

  7  environmental precautions to be followed in relation to the

  8  location and operation of electrical power plants.

  9         Section 103.  Subsection (1) of section 403.523,

10  Florida Statutes, is amended to read:

11         403.523  Department of Environmental Protection; powers

12  and duties.--The department shall have the following powers

13  and duties:

14         (1)  To adopt or amend reasonable procedural rules

15  pursuant to ss. 120.54 and 120.536(1) to implement the

16  provisions of this act and to adopt or amend rules to

17  implement the provisions of subsection (10).

18         Section 104.  Subsection (15) of section 403.704,

19  Florida Statutes, is amended to read:

20         403.704  Powers and duties of the department.--The

21  department shall have responsibility for the implementation

22  and enforcement of the provisions of this act. In addition to

23  other powers and duties, the department shall:

24         (15)  Adopt, repeal, or amend rules pursuant to ss.

25  120.54 and 120.536(1) to implement, administer, and enforce

26  the provisions of this act, including requirements for the

27  classification, construction, operation, maintenance, and

28  closure of solid waste management facilities and requirements

29  for, and conditions on, solid waste disposal in this state,

30  whether such solid waste is generated within this state or

31  outside this state as long as such requirements and conditions


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  1  are not based on the out-of-state origin of the waste and are

  2  consistent with applicable provisions of law. When classifying

  3  solid waste management facilities, the department shall

  4  consider the hydrogeology of the site for the facility, the

  5  types of wastes to be handled by the facility, and methods

  6  used to control the types of waste to be handled by the

  7  facility and shall seek to minimize the adverse effects of

  8  solid waste management on the environment.  Whenever the

  9  department adopts any rule stricter or more stringent than one

10  which has been set by the United States Environmental

11  Protection Agency, the procedures set forth in s. 403.804(2)

12  shall be followed.  The department shall not, however, adopt

13  hazardous waste rules for solid waste for which special

14  studies were required prior to October 1, 1988, under s. 8002

15  of the Resource Conservation and Recovery Act, 42 U.S.C. s.

16  6982, as amended, until the studies are completed by the

17  United States Environmental Protection Agency and the

18  information is available to the department for consideration

19  in adopting its own rule.

20         Section 105.  Subsection (4) of section 403.716,

21  Florida Statutes, is amended to read:

22         403.716  Training of operators of solid waste

23  management and other facilities.--

24         (4)  The department has authority to may adopt rules

25  and minimum standards and other rules pursuant to ss. 120.54

26  and 120.536(1) to implement to effectuate the provisions of

27  this section. The department shall and to ensure the safe,

28  healthy, and lawful operation of solid waste management

29  facilities in this state.  The department may establish by

30  rule various classifications for operators to cover the need

31  for differing levels of training required to operate various


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  1  types of solid waste management facilities due to different

  2  operating requirements at such facilities.

  3         Section 106.  Subsection (1) of section 403.805,

  4  Florida Statutes, is amended to read:

  5         403.805  Secretary; powers and duties.--

  6         (1)  The secretary shall have the powers and duties of

  7  heads of departments set forth in chapter 20, including the

  8  authority power to adopt rules pursuant to ss. 120.54 and

  9  120.536(1) to implement the provisions of under chapters 253,

10  373, and 376, and this chapter. The secretary shall have

11  rulemaking responsibility under chapter 120, but shall submit

12  any proposed rule containing standards to the Environmental

13  Regulation Commission for approval, modification, or

14  disapproval pursuant to s. 403.804.  The secretary shall

15  employ legal counsel to represent the department in matters

16  affecting the department. Except for appeals on permits

17  specifically assigned by this act to the Governor and Cabinet,

18  and unless otherwise prohibited by law, the secretary may

19  delegate the authority assigned to the department by this act

20  to the assistant secretary, division directors, and district

21  and branch office managers and to the water management

22  districts.

23         Section 107.  Subsection (9) of section 403.861,

24  Florida Statutes, is amended to read:

25         403.861  Department; powers and duties.--The department

26  shall have the power and the duty to carry out the provisions

27  and purposes of this act and, for this purpose, to:

28         (9)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

29  to implement the provisions of, modify, and repeal such rules

30  as are necessary or appropriate to carry out its functions

31  under this act.


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  1         Section 108.  Section 403.869, Florida Statutes, is

  2  amended to read:

  3         403.869  Authority to adopt rules.--The department may

  4  adopt rules pursuant to ss. 120.54 and 120.536(1) necessary to

  5  implement carry out the provisions of ss. 403.865-403.876.

  6         Section 109.  Subsection (1) of section 403.9404,

  7  Florida Statutes, is amended to read:

  8         403.9404  Department of Environmental Protection;

  9  powers and duties.--The Department of Environmental Protection

10  shall have the following powers and duties:

11         (1)  To adopt or amend reasonable procedural rules

12  pursuant to ss. 120.54 and 120.536(1) to implement the

13  provisions of ss. 403.9401-403.9425 and to adopt or amend

14  rules to implement the provisions of subsection (8).

15         Section 110.  Section 406.04, Florida Statutes, is

16  amended to read:

17         406.04  Rules and regulations.--The commission shall

18  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

19  the provisions of promulgate rules and regulations, pursuant

20  to chapter 120, necessary to effectuate this chapter. The

21  commission shall and to ensure minimum and uniform standards

22  of excellence, performance of duties, and maintenance of

23  records so as to provide useful and adequate information to

24  the state in regard to causative factors of those deaths

25  investigated.

26         Section 111.  Subsection (8) of section 408.15, Florida

27  Statutes, is amended to read:

28         408.15  Powers of the agency.--In addition to the

29  powers granted to the agency elsewhere in this chapter, the

30  agency is authorized to:

31


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  1         (8)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

  2  to implement, amend, and repeal all rules necessary to carry

  3  out the provisions of this chapter.

  4         Section 112.  Section 414.45, Florida Statutes, is

  5  amended to read:

  6         414.45  Rulemaking.--The department has authority to

  7  may adopt, amend, or repeal rules pursuant to ss. 120.54 and

  8  120.536(1), as provided in chapter 120, to implement and,

  9  enforce the provisions of, and interpret this chapter. The

10  Department of Labor and Employment Security may adopt, amend,

11  or repeal rules pursuant to ss. 120.54 and 120.536(1), as

12  provided in chapter 120, to implement and, enforce the

13  provisions of, and interpret this chapter. The rules must

14  provide protection against discrimination and the opportunity

15  for a participant to request a review by a supervisor or

16  administrator of any decision made by a panel or board of the

17  department, the Department of Labor and Employment Security,

18  or the WAGES Program.

19         Section 113.  Subsection (10) of section 427.013,

20  Florida Statutes, is amended to read:

21         427.013  The Commission for the Transportation

22  Disadvantaged; purpose and responsibilities.--The purpose of

23  the commission is to accomplish the coordination of

24  transportation services provided to the transportation

25  disadvantaged. The goal of this coordination shall be to

26  assure the cost-effective provision of transportation by

27  qualified community transportation coordinators or

28  transportation operators for the transportation disadvantaged

29  without any bias or presumption in favor of multioperator

30  systems or not-for-profit transportation operators over single

31


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  1  operator systems or for-profit transportation operators. In

  2  carrying out this purpose, the commission shall:

  3         (10)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

  4  Develop and monitor rules and procedures to implement the

  5  provisions of ss. 427.011-427.017.

  6         Section 114.  Section 430.08, Florida Statutes, is

  7  amended to read:

  8         430.08  Rulemaking.--The department shall adopt, amend,

  9  or rescind such rules pursuant to ss. 120.54 and 120.536(1) to

10  implement as it deems necessary to carry out the provisions of

11  this chapter.

12         Section 115.  Section 440.591, Florida Statutes, is

13  amended to read:

14         440.591  Administrative procedure; rulemaking

15  authority.--The division has authority to adopt rules pursuant

16  to ss. 120.54 and 120.536(1) to implement the provisions of

17  shall have the authority to adopt rules to govern the

18  performance of any programs, duties, or responsibilities with

19  which it is charged under this chapter conferring duties upon

20  it.

21         Section 116.  Paragraph (a) of subsection (2) of

22  section 443.171, Florida Statutes, is amended to read:

23         443.171  Division and commission; powers and duties;

24  rules; advisory council; records and reports.--

25         (2)  RULES; DIVISION, SEAL.--

26         (a)  The division has authority to adopt rules pursuant

27  to ss. 120.54 and 120.536(1) to implement the provisions of

28  shall have the power and authority to adopt, amend, or rescind

29  such rules as are necessary for the administration of this

30  chapter.

31


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  1         Section 117.  Subsection (5) of section 455.203,

  2  Florida Statutes, is amended to read:

  3         455.203  Department; powers and duties.--The

  4  department, for the boards under its jurisdiction, shall:

  5         (5)  Adopt all rules pursuant to ss. 120.54 and

  6  120.536(1) necessary to implement the provisions of administer

  7  this part.

  8         Section 118.  Subsection (5) of section 455.521,

  9  Florida Statutes, is amended to read:

10         455.521  Department; powers and duties.--The

11  department, for the boards under its jurisdiction, shall:

12         (5)  Adopt all rules pursuant to ss. 120.54 and

13  120.536(1) necessary to implement the provisions of administer

14  this part.

15         Section 119.  Section 457.104, Florida Statutes, is

16  amended to read:

17         457.104  Authority to make rules.--The board has

18  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

19  to implement provisions of is authorized to make rules not

20  inconsistent with law which are necessary to carry out the

21  duties and authority conferred upon the board by this chapter

22  conferring duties upon it.

23         Section 120.  Subsection (1) of section 458.309,

24  Florida Statutes, is amended to read:

25         458.309  Authority to make rules.--

26         (1)  The board has authority to adopt rules pursuant to

27  ss. 120.54 and 120.536(1) to implement the provisions of is

28  authorized to make such rules not inconsistent with law as may

29  be necessary to carry out the duties and authority conferred

30  upon the board by this chapter conferring duties upon it and

31


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  1  as may be necessary to protect the health, safety, and welfare

  2  of the public.

  3         Section 121.  Section 459.005, Florida Statutes, is

  4  amended to read:

  5         459.005  Authority to make rules.--The board has

  6  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

  7  to implement the provisions of is authorized to make such

  8  rules not inconsistent with law as may be necessary to carry

  9  out the duties and authority conferred upon the board by this

10  chapter conferring duties upon it and as may be necessary to

11  protect the health, safety, and welfare of the public.

12         Section 122.  Section 460.405, Florida Statutes, is

13  amended to read:

14         460.405  Authority to make rules.--The Board of

15  Chiropractic has authority to adopt rules pursuant to ss.

16  120.54 and 120.536(1) to implement the provisions of is

17  authorized to make such rules not inconsistent with law as are

18  necessary to carry out the duties and authority conferred upon

19  the board by this chapter conferring duties upon it.

20         Section 123.  Section 461.005, Florida Statutes, is

21  amended to read:

22         461.005  Authority to make rules.--The Board of

23  Podiatric Medicine has authority to adopt rules pursuant to

24  ss. 120.54 and 120.536(1) to implement the provisions of is

25  authorized to make such rules not inconsistent with law as are

26  necessary to carry out the duties and authority conferred upon

27  the board by this chapter conferring duties upon it and as may

28  be necessary to protect the health, safety, and welfare of the

29  public.

30         Section 124.  Subsection (1) of section 463.005,

31  Florida Statutes, is amended to read:


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  1         463.005  Authority of the board.--

  2         (1)  The Board of Optometry has authority to adopt

  3  rules pursuant to ss. 120.54 and 120.536(1) to implement the

  4  provisions of is authorized to make such rules not

  5  inconsistent with law as are necessary to carry out the duties

  6  and authority conferred upon the board by this chapter

  7  conferring duties upon it. Such rules shall include, but not

  8  be limited to, rules relating to:

  9         (a)  Standards of practice, including, but not limited

10  to, those provided for in s. 463.0135.

11         (b)  Minimum equipment which a licensed practitioner

12  shall at all times possess to engage in the practice of

13  optometry.

14         (c)  Minimum procedures which shall constitute a visual

15  examination.

16         (d)  Procedures for the safekeeping and transfer of

17  prescription files or case records upon the discontinuance of

18  practice.

19         (e)  Supervision of supportive personnel.

20         (f)  Courses and procedures for continuing education.

21         (g)  Administration and prescription of topical ocular

22  pharmaceutical agents.

23         Section 125.  Section 464.006, Florida Statutes, is

24  amended to read:

25         464.006  Authority to make rules.--The Board of Nursing

26  has authority to adopt rules pursuant to ss. 120.54 and

27  120.536(1) to implement the provisions of is authorized to

28  make such rules not inconsistent with law as are necessary to

29  carry out the duties and authority conferred upon the board by

30  this chapter conferring duties upon it.

31


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  1         Section 126.  Section 465.005, Florida Statutes, is

  2  amended to read:

  3         465.005  Authority to make rules.--The Board of

  4  Pharmacy has authority to adopt rules pursuant to ss. 120.54

  5  and 120.536(1) to implement the provisions of is authorized to

  6  make such rules not inconsistent with law as are necessary to

  7  carry out the duties and authority conferred upon the board by

  8  this chapter conferring duties upon it.

  9         Section 127.  Subsection (1) of section 465.022,

10  Florida Statutes, is amended to read:

11         465.022  Pharmacies; general requirements; fees.--

12         (1)  The board shall adopt such rules pursuant to ss.

13  120.54 and 120.536(1) to implement the provisions of this

14  chapter relating to pharmacies as are necessary to protect the

15  public health, safety, and welfare.  Such rules shall include,

16  but shall not be limited to, rules relating to:

17         (a)  General drug safety measures.

18         (b)  Minimum standards for the physical facilities of

19  pharmacies.

20         (c)  Safe storage of floor-stock drugs.

21         (d)  Functions of a pharmacist in an institutional

22  pharmacy, consistent with the size and scope of the pharmacy.

23         (e)  Procedures for the safe storage and handling of

24  radioactive drugs.

25         (f)  Procedures for the distribution and disposition of

26  medicinal drugs distributed pursuant to s. 499.028.

27         (g)  Procedures for transfer of prescription files and

28  medicinal drugs upon the change of ownership or closing of a

29  pharmacy.

30         (h)  Minimum equipment which a pharmacy shall at all

31  times possess to fill prescriptions properly.


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  1         Section 128.  Subsection (4) of section 466.004,

  2  Florida Statutes, is amended to read:

  3         466.004  Board of Dentistry.--

  4         (4)  The board is authorized to adopt all rules

  5  pursuant to ss. 120.54 and 120.536(1) necessary to implement

  6  carry out the provisions of this chapter and chapter 455,

  7  including the establishment of a fee to defray the cost of

  8  duplicating any license certification or permit, not to exceed

  9  $10 per duplication.

10         Section 129.  Section 466.038, Florida Statutes, is

11  amended to read:

12         466.038  Rules.--The department may, upon consultation

13  with the Board of Dentistry and industry representatives of

14  the dental laboratory profession, has authority to adopt rules

15  pursuant to ss. 120.54 and 120.536(1) promulgate all rules

16  necessary to enforce the provisions of this chapter pertaining

17  to and regulating dental laboratories.

18         Section 130.  Section 467.005, Florida Statutes, is

19  amended to read:

20         467.005  Authority to make rules.--The department has

21  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

22  to implement the provisions of is authorized to promulgate

23  such rules not inconsistent with law as may be necessary to

24  carry out the duties and authority conferred on the department

25  by this chapter conferring duties upon it and as may be

26  necessary to protect the health, safety, and welfare of the

27  public.  The rules shall include, but not be limited to, the

28  allowable scope of midwifery practice regarding use of

29  equipment, procedures, and medication.

30         Section 131.  Paragraph (a) of subsection (4) of

31  section 468.1135, Florida Statutes, is amended to read:


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  1         468.1135  Board of Speech-Language Pathology and

  2  Audiology.--

  3         (4)(a)  The board has authority to adopt rules pursuant

  4  to ss. 120.54 and 120.536(1) to implement the provisions of is

  5  authorized to adopt such rules not inconsistent with law as

  6  may be necessary to carry out the duties and authority

  7  conferred upon the board by this part conferring duties upon

  8  it.

  9         Section 132.  Subsection (1) of section 468.1685,

10  Florida Statutes, is amended to read:

11         468.1685  Powers and duties of board and

12  department.--It is the function and duty of the board,

13  together with the department, to:

14         (1)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

15  to implement the provisions of Make such rules not

16  inconsistent with law as are necessary to carry out the duties

17  and authority conferred upon the board by this part conferring

18  duties upon the board.

19         Section 133.  Section 468.204, Florida Statutes, is

20  amended to read:

21         468.204  Authority to adopt rules.--The board has

22  authority to may adopt such rules pursuant to ss. 120.54 and

23  120.536(1) to implement the provisions of not inconsistent

24  with law as may be necessary to carry out the duties and

25  authority conferred upon the board by this part conferring

26  duties upon it and as may be necessary to protect the health,

27  safety, and welfare of the public.

28         Section 134.  Subsection (2) of section 468.384,

29  Florida Statutes, is amended to read:

30         468.384  Florida Board of Auctioneers.--

31


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    CS for SB 1440                                 First Engrossed



  1         (2)  The board has authority to may adopt such rules

  2  pursuant to ss. 120.54 and 120.536(1) to implement the

  3  provisions of, not inconsistent with law, as may be necessary

  4  to carry out the duties and authority conferred upon the board

  5  by this act conferring duties upon it and as may be necessary

  6  to protect the health, safety, and welfare of the public.

  7         Section 135.  Subsection (3) of section 468.402,

  8  Florida Statutes, is amended to read:

  9         468.402  Duties of the department; authority to issue

10  and revoke license; adoption of rules.--

11         (3)  The department has authority to may adopt

12  reasonable rules pursuant to ss. 120.54 and 120.536(1) to

13  implement the provisions of for its own government in the

14  exercise of its powers under this part and for the conduct of

15  the business of talent agencies as specified by this part, and

16  the department may amend such rules at its pleasure.

17         Section 136.  Section 468.507, Florida Statutes, is

18  amended to read:

19         468.507  Authority to adopt rules.--The board has

20  authority to may adopt such rules pursuant to ss. 120.54 and

21  120.536(1) to implement the provisions of not inconsistent

22  with law as may be necessary to carry out the duties and

23  authority conferred upon the board by this part and chapter

24  455 conferring duties upon it.  The powers and duties of the

25  board as set forth in this part shall in no way limit or

26  interfere with the powers and duties of the board as set forth

27  in chapter 458.  All powers and duties of the board set forth

28  in this part shall be supplemental and additional powers and

29  duties to those conferred upon the board by chapter 458.

30         Section 137.  Section 468.522, Florida Statutes, is

31  amended to read:


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  1         468.522  Rules of the board.--The board has authority

  2  to shall adopt all rules pursuant to ss. 120.54 and 120.536(1)

  3  necessary to implement the provisions of administer this part.

  4  Every licensee shall be governed and controlled by this part

  5  and the rules adopted by the board.

  6         Section 138.  Subsection (1) of section 468.606,

  7  Florida Statutes, is amended to read:

  8         468.606  Authority of the board.--The board is

  9  authorized to:

10         (1)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

11  as necessary to implement carry out the provisions of this

12  part.

13         Section 139.  Section 468.705, Florida Statutes, is

14  amended to read:

15         468.705  Rulemaking authority.--The department is

16  authorized to adopt such rules pursuant to ss. 120.54 and

17  120.536(1) to implement provisions of not inconsistent with

18  law as may be necessary to carry out the duties and authority

19  conferred on the department by this part conferring duties

20  upon it and as may be necessary to protect the health, safety,

21  and welfare of the public. Such rules shall include, but not

22  be limited to, the allowable scope of practice regarding the

23  use of equipment, procedures, and medication.

24         Section 140.  Section 468.802, Florida Statutes, is

25  amended to read:

26         468.802  Authority to adopt rules.--The board shall

27  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

28  the provisions of administer this act, including rules

29  relating to standards of practice for orthotists,

30  prosthetists, and pedorthists.

31


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  1         Section 141.  Subsection (1) of section 470.005,

  2  Florida Statutes, is amended to read:

  3         470.005  Rulemaking authority of board and

  4  department.--

  5         (1)  The board has authority to adopt rules pursuant to

  6  ss. 120.54 and 120.536(1) to implement the provisions of is

  7  authorized to adopt rules not inconsistent with law as may be

  8  necessary to carry out the duties and authority conferred upon

  9  the board by this chapter conferring duties upon it and as may

10  be necessary to protect the health, safety, and welfare of the

11  public.  The department has authority to adopt rules pursuant

12  to ss. 120.54 and 120.536(1) to implement the provisions of is

13  authorized to adopt rules not inconsistent with law as may be

14  necessary to carry out the duties and authority conferred upon

15  the department by this chapter conferring duties upon it and

16  as may be necessary to protect the health, safety, and welfare

17  of the public.

18         Section 142.  Section 471.008, Florida Statutes, is

19  amended to read:

20         471.008  Rules of the board.--The board has authority

21  to may adopt such rules pursuant to ss. 120.54 and 120.536(1)

22  to implement provisions of not inconsistent with law as may be

23  necessary to carry out the duties and authority conferred upon

24  the board by this chapter or chapter 455 conferring duties

25  upon it.

26         Section 143.  Section 472.008, Florida Statutes, is

27  amended to read:

28         472.008  Rules of the board.--The board has authority

29  to adopt rules pursuant to ss. 120.54 and 120.536(1) to

30  implement the provisions of shall adopt such rules not

31  inconsistent with law as may be necessary to carry out the


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  1  duties and authority conferred upon the board by this chapter

  2  conferring duties upon it.

  3         Section 144.  Subsection (1) of section 473.304,

  4  Florida Statutes, is amended to read:

  5         473.304  Rules of board; powers and duties; legal

  6  services.--

  7         (1)  The board shall adopt all rules pursuant to ss.

  8  120.54 and 120.536(1) necessary to implement the provisions of

  9  administer this act.  Every licensee shall be governed and

10  controlled by this act and the rules adopted by the board.

11         Section 145.  Section 474.206, Florida Statutes, is

12  amended to read:

13         474.206  Authority to make rules.--The board has

14  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

15  to implement the provisions of is authorized to make such

16  rules not inconsistent with law as may be necessary to carry

17  out the duties and authority conferred upon the board by this

18  chapter conferring duties upon it and as may be necessary to

19  protect the health, safety, and welfare of the public.

20         Section 146.  Section 475.05, Florida Statutes, is

21  amended to read:

22         475.05  Power of commission to enact bylaws and, rules,

23  and regulations and decide questions of practice.--The

24  commission may enact bylaws and regulations for its own

25  government and adopt rules pursuant to ss. 120.54 and

26  120.536(1) to implement the provisions of law conferring

27  powers or duties upon it rules in the exercise of its powers,

28  not in conflict with the constitution and laws of the United

29  States or of this state, and amend the same at its pleasure.

30  The commission may decide questions of practice arising in the

31  proceedings before it, having regard to this chapter and the


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  1  rules then in force. Printed copies of rules, or written

  2  copies under the seal of the commission, shall be prima facie

  3  evidence of their existence and substance, and the courts

  4  shall judicially notice such rules.  The conferral or

  5  enumeration of specific powers elsewhere in this chapter shall

  6  not be construed as a limitation of the general powers

  7  conferred by this section.

  8         Section 147.  Section 475.614, Florida Statutes, is

  9  amended to read:

10         475.614  Power of board to adopt enact rules and decide

11  questions of practice.--The board has authority to adopt rules

12  pursuant to ss. 120.54 and 120.536(1) to implement provisions

13  of law conferring duties upon it may enact rules for its own

14  government and rules in the exercise of its powers, not in

15  conflict with the constitutions and laws of the United States

16  and this state, and may amend such rules at its pleasure.  The

17  board may decide questions of practice arising in the

18  proceedings before it, having regard to this section and the

19  rules then in force.

20         Section 148.  Subsection (4) of section 476.064,

21  Florida Statutes, is amended to read:

22         476.064  Organization; headquarters; personnel;

23  meetings.--

24         (4)  The board has authority to adopt rules pursuant to

25  ss. 120.54 and 120.536(1) to implement is authorized to adopt

26  rules in accordance with the provisions of chapter 120 to

27  carry out the provisions of this chapter.

28         Section 149.  Section 477.016, Florida Statutes, is

29  amended to read:

30         477.016  Rulemaking.--The board has authority to adopt

31  rules pursuant to ss. 120.54 and 120.536(1) to implement the


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  1  provisions of is authorized to adopt such rules not

  2  inconsistent with law as may be necessary to carry out the

  3  duties and authority conferred upon the board by this chapter

  4  conferring duties upon it.

  5         Section 150.  Subsection (1) of section 478.43, Florida

  6  Statutes, is amended to read:

  7         478.43  Board of Medicine; powers and duties.--

  8         (1)  The board, with the assistance of the Electrolysis

  9  Council, is authorized to establish minimum standards for the

10  delivery of electrolysis services and to adopt rules pursuant

11  to ss. 120.54 and 120.536(1) necessary to implement administer

12  the provisions of this chapter.

13         Section 151.  Subsection (7) of section 480.035,

14  Florida Statutes, is amended to read:

15         480.035  Board of Massage Therapy.--

16         (7)  The board has authority to adopt rules pursuant to

17  ss. 120.54 and 120.536(1) to implement the provisions of shall

18  promulgate such rules as are necessary to implement this

19  chapter.

20         Section 152.  Section 481.2055, Florida Statutes, is

21  amended to read:

22         481.2055  Authority to make rules.--The board has

23  authority to may adopt such rules pursuant to ss. 120.54 and

24  120.536(1) to implement provisions of, not inconsistent with

25  law, as may be necessary to carry out the duties and authority

26  conferred upon the board by this part and chapter 455

27  conferring duties upon it.

28         Section 153.  Section 481.306, Florida Statutes, is

29  amended to read:

30         481.306  Authority to make rules.--The board has

31  authority to may adopt such rules pursuant to ss. 120.54 and


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  1  120.536(1) to implement the provisions of, not inconsistent

  2  with law, as may be necessary to carry out the duties and

  3  authority conferred upon the board by this chapter and chapter

  4  455 conferring duties upon it.

  5         Section 154.  Section 482.051, Florida Statutes, is

  6  amended to read:

  7         482.051  Rules.--The department has authority to shall

  8  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

  9  the provisions of to carry out the intent and purpose of this

10  chapter.  Prior to proposing the adoption of a rule, the

11  department shall counsel with members of the pest control

12  industry concerning the proposed rule.  The department shall

13  adopt rules for the protection of the health, safety, and

14  welfare of pest control employees and the general public, in

15  conformity with this chapter and chapter 120, which require:

16         (1)  That all pesticides or economic poisons be used

17  only in accordance with the registered labels and labeling or

18  as directed by the United States Environmental Protection

19  Agency or the department.

20         (2)  That vehicles and trailers used in pest control be

21  permanently marked with the licensee's name that is registered

22  with the department.

23         (3)  That written contracts be required for providing

24  termites and other wood-destroying organisms pest control,

25  that provisions necessary to assure consumer protection as

26  specified by the department be included in such contracts, and

27  that require licensees to comply with the contracts issued.

28         (4)  That a licensee, before performing general

29  fumigation, notify in writing the department inspector having

30  jurisdiction over the location where the fumigation is to be

31  performed, which notice must be received by the department


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  1  inspector at least 24 hours in advance of the fumigation and

  2  must contain such information as the department requires.

  3  However, in an authentic and verifiable emergency, when 24

  4  hours' advance notification is not possible, advance telephone

  5  or telegraph notice may be given; but such notice must be

  6  immediately followed by written confirmation providing the

  7  required information.

  8         (5)  That any pesticide used for preconstruction soil

  9  treatments for the prevention of subterranean termites be

10  applied in the amount, concentration, and treatment area in

11  accordance with the label; that a copy of the label of the

12  registered pesticide being applied be carried in a vehicle at

13  the site where the pesticide is being applied; and that the

14  licensee maintain for 3 years the record of each

15  preconstruction soil treatment, indicating the date of

16  treatment, the location or address of the property treated,

17  the total square footage of the structure treated, the type of

18  pesticide applied, the concentration of each substance in the

19  mixture applied, and the total amount of pesticide applied.

20         Section 155.  Subsection (4) of section 483.805,

21  Florida Statutes, is amended to read:

22         483.805  Board of Clinical Laboratory Personnel.--

23         (4)  The board has authority to adopt rules pursuant to

24  ss. 120.54 and 120.536(1) to implement the provisions of is

25  authorized to adopt such rules not inconsistent with law as

26  may be necessary to carry out the duties and authority

27  conferred upon the board by this part conferring duties upon

28  it.

29         Section 156.  Section 484.005, Florida Statutes, is

30  amended to read:

31


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  1         484.005  Authority to make rules.--The board has

  2  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

  3  to implement the provisions of is authorized to make such

  4  rules not inconsistent with law as may be necessary to carry

  5  out the duties and authority conferred upon it by this part

  6  conferring duties upon it and as may be necessary to protect

  7  the health, safety, and welfare of the public. Such rules

  8  shall include, but not be limited to, rules relating to:

  9         (1)  A standard of practice for opticians licensed

10  pursuant to this part.

11         (2)  Minimum equipment which shall be utilized to

12  prepare, fit, measure, and dispense lenses, spectacles,

13  eyeglasses, contact lenses, and other optical devices allowed

14  under the practice of opticianry.

15         (3)  Procedures for transfer of prescription files upon

16  the going out of business of an optician, corporation, or

17  other person.

18         (4)  A standard of practice for filling prescriptions

19  for contact lenses and fitting, adapting, and dispensing

20  contact lenses.

21         Section 157.  Subsection (1) of section 484.044,

22  Florida Statutes, is amended to read:

23         484.044  Authority to make rules.--

24         (1)  The board has authority to adopt rules pursuant to

25  ss. 120.54 and 120.536(1) to implement the provisions of is

26  authorized to make such rules not inconsistent with law as may

27  be necessary to carry out the duties and authority conferred

28  upon the board by this part conferring duties upon it.

29         Section 158.  Section 486.025, Florida Statutes, is

30  amended to read:

31


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  1         486.025  Powers and duties of the Board of Physical

  2  Therapy Practice.--The board may administer oaths, summon

  3  witnesses, take testimony in all matters relating to its

  4  duties under this chapter, establish or modify minimum

  5  standards of practice, and adopt or amend rules pursuant to

  6  ss. 120.54 and 120.536(1) necessary to implement the

  7  provisions of administer this chapter.  The board may also

  8  review the standing and reputability of any school or college

  9  offering courses in physical therapy and whether the courses

10  of such school or college in physical therapy meet the

11  standards established by the appropriate accrediting agency

12  referred to in s. 486.031(3)(a).  In determining the standing

13  and reputability of any such school and whether the school and

14  courses meet such standards, the board may investigate and

15  make personal inspection of the same.

16         Section 159.  Section 488.02, Florida Statutes, is

17  amended to read:

18         488.02  Rules and regulations.--The Department of

19  Highway Safety and Motor Vehicles has authority to adopt rules

20  pursuant to ss. 120.54 and 120.536(1) is authorized to adopt

21  rules and regulations necessary to implement the provisions of

22  this chapter.

23         Section 160.  Section 489.108, Florida Statutes, is

24  amended to read:

25         489.108  Rulemaking authority of the board.--The board

26  has authority to adopt rules pursuant to ss. 120.54 and

27  120.536(1) to implement the provisions of is authorized to

28  make such rules not inconsistent with law which are necessary

29  to carry out the duties and authority conferred upon it by

30  this chapter conferring duties upon it.

31


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  1         Section 161.  Subsection (3) of section 489.507,

  2  Florida Statutes, is amended to read:

  3         489.507  Electrical Contractors' Licensing Board.--

  4         (3)  The board has authority to adopt rules pursuant to

  5  ss. 120.54 and 120.536(1) to implement shall have the

  6  authority to make rules, consistent with law, as necessary to

  7  carry out the provisions of this part.

  8         Section 162.  Subsection (4) of section 490.004,

  9  Florida Statutes, is amended to read:

10         490.004  Board of Psychology.--

11         (4)  The board shall adopt rules pursuant to ss. 120.54

12  and 120.536(1) to implement the provisions of this chapter.

13         Section 163.  Subsection (5) of section 491.004,

14  Florida Statutes, is amended to read:

15         491.004  Board of Clinical Social Work, Marriage and

16  Family Therapy, and Mental Health Counseling.--

17         (5)  The board shall adopt rules pursuant to ss. 120.54

18  and 120.536(1) to implement and enforce the provisions of this

19  chapter.

20         Section 164.  Section 492.104, Florida Statutes, is

21  amended to read:

22         492.104  Authority to make rules.--The Board of

23  Professional Geologists has authority to adopt rules pursuant

24  to ss. 120.54 and 120.536(1) to implement is authorized to

25  make such rules not inconsistent with law as may be necessary

26  to carry out the duties and authority conferred upon the board

27  by ss. 492.101-492.1165. Every licensee shall be governed and

28  controlled by ss. 492.101-492.1165 and the rules adopted by

29  the board.  The board is authorized to set, by rule, fees for

30  application, examination, certificate of authorization, late

31  renewal, initial licensure, and license renewal.  These fees


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  1  should not exceed the cost of implementing the application,

  2  examination, initial licensure, and license renewal or other

  3  administrative process.

  4         (1)  The application fee shall not exceed $150 and

  5  shall be nonrefundable.

  6         (2)  The examination fee shall not exceed $250 and

  7  shall be refundable if the applicant is found to be ineligible

  8  to take the licensure examination.

  9         (3)  The initial license fee shall not exceed $100.

10         (4)  The biennial renewal fee shall not exceed $150.

11         (5)  The fee for a certificate of authorization shall

12  not exceed $350 and the fee for renewal of the certificate

13  shall not exceed $350.

14         (6)  The fee for reactivation of an inactive license

15  shall not exceed $50.

16         (7)  The fee for a provisional license shall not exceed

17  $400.

18         (8)  The fee for application, examination, and

19  licensure for a license by endorsement shall be as provided in

20  this section for licenses in general.

21         Section 165.  Subsection (2) of section 494.0011,

22  Florida Statutes, is amended to read:

23         494.0011  Powers and duties of the department.--

24         (2)  The department has authority to may adopt rules

25  pursuant to ss. 120.54 and 120.536(1) to implement and perform

26  other acts necessary for the proper administration,

27  enforcement, and interpretation of ss. 494.001-494.0077.

28         Section 166.  Section 496.424, Florida Statutes, is

29  amended to read:

30         496.424  Rulemaking authority.--The department has the

31  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)


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  1  chapter 120 to implement the provisions of ss. 496.401-496.424

  2  or s. 496.426.

  3         Section 167.  Subsection (1) of section 497.103,

  4  Florida Statutes, is amended to read:

  5         497.103  Rulemaking authority of board and

  6  department.--

  7         (1)  The board has authority to adopt rules pursuant to

  8  ss. 120.54 and 120.536(1) to implement provisions of is

  9  authorized to adopt rules not inconsistent with law as may be

10  necessary to carry out the duties and authority conferred upon

11  the board by this chapter conferring duties upon it and as may

12  be necessary to protect the health, safety, and welfare of the

13  public.  The department may adopt rules pursuant to ss. 120.54

14  and 120.536(1) to administer provisions of is authorized to

15  adopt rules not inconsistent with law as may be necessary to

16  carry out the duties and authority conferred upon the

17  department by this chapter conferring duties upon it and as

18  may be necessary to protect the health, safety, and welfare of

19  the public.

20         Section 168.  Subsection (5) of section 497.105,

21  Florida Statutes, is amended to read:

22         497.105  Department of Banking and Finance; powers and

23  duties.--The Department of Banking and Finance shall:

24         (5)  Adopt all rules pursuant to ss. 120.54 and

25  120.536(1) necessary to implement the provisions of administer

26  the department's duties under this chapter conferring duties

27  upon it.

28         Section 169.  Subsection (1) of section 498.007,

29  Florida Statutes, is amended to read:

30         498.007  General powers and duties.--

31


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  1         (1)  The division has authority to may adopt, amend, or

  2  repeal reasonable rules pursuant to ss. 120.54 and 120.536(1)

  3  to administer the as necessary to carry out all provisions of

  4  this act, pursuant to the Administrative Procedure Act.

  5         Section 170.  Paragraph (a) of subsection (6) of

  6  section 500.459, Florida Statutes, is amended to read:

  7         500.459  Water vending machines.--

  8         (6)  DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT.--

  9         (a)  The department has authority to may adopt such

10  additional rules pursuant to ss. 120.54 and 120.536(1) to

11  implement the provisions of not inconsistent with law as may

12  be necessary to carry out the duties and authority conferred

13  on the department by this section conferring duties upon it or

14  as may be necessary to protect the health, safety, and welfare

15  of the public.

16         Section 171.  Subsection (2) of section 501.014,

17  Florida Statutes, is amended to read:

18         501.014  Health studios; powers and duties of the

19  department.--

20         (2)  The department has the authority to adopt rules

21  pursuant to ss. 120.54 and 120.536(1) chapter 120 to implement

22  ss. 501.012-501.019.

23         Section 172.  Subsection (12) of section 501.143,

24  Florida Statutes, is amended to read:

25         501.143  Dance Studio Act.--

26         (12)  RULEMAKING AUTHORITY.--The department has the

27  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

28  chapter 120 to implement this section.

29         Section 173.  Section 501.626, Florida Statutes, is

30  amended to read:

31


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  1         501.626  Rulemaking power.--The department has the

  2  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

  3  chapter 120 to implement this part.

  4         Section 174.  Subsection (7) of section 502.014,

  5  Florida Statutes, is amended to read:

  6         502.014  Powers and duties.--

  7         (7)  The department has authority to may adopt rules

  8  pursuant to ss. 120.54 and 120.536(1) to implement and enforce

  9  the provisions as necessary for the implementation and

10  enforcement of this chapter. In adopting these rules, the

11  department shall be guided by and may conform to the

12  definitions and standards of the administrative procedures and

13  provisions of the pasteurized milk ordinance. The rules shall

14  include, but are not limited to:

15         (a)  Standards for milk and milk products.

16         (b)  Provisions for the production, transportation,

17  processing, handling, sampling, examination, grading,

18  labeling, and sale of all milk and milk products and imitation

19  and substitute milk and milk products sold for public

20  consumption in this state.

21         (c)  Provisions for the inspection of dairy herds,

22  dairy farms, and milk plants.

23         (d)  Provisions for the issuance and revocation of

24  permits issued by the department pursuant to this chapter.

25         Section 175.  Subsection (1) of section 503.031,

26  Florida Statutes, is amended to read:

27         503.031  Powers of department.--The department may:

28         (1)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

29  necessary to implement administer and enforce the provisions

30  of this chapter.  The rules must, to the extent possible,

31  conform to applicable federal requirements.


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  1         Section 176.  Section 504.32, Florida Statutes, is

  2  amended to read:

  3         504.32  Rulemaking authority.--The department has

  4  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

  5  is authorized to prescribe and adopt all reasonable rules

  6  which are needed to implement, make specific, and interpret

  7  the provisions of this part in a manner consistent with rules

  8  those of nationally recognized organic grower groups, such as

  9  the Organic Food Producers Association of North America, after

10  such notice as may be required by chapter 120.

11         Section 177.  Section 516.22, Florida Statutes, is

12  amended to read:

13         516.22  Rules Regulations; certified copies.--

14         (1)  RULES REGULATIONS.--The department has authority

15  to adopt rules pursuant to ss. 120.54 and 120.536(1) to

16  implement the provisions of law conferring duties upon it

17  shall have the power and authority to issue regulations.

18         (2)  CERTIFIED COPIES OF OFFICIAL DOCUMENTS.--On

19  application of any person and payment of the costs thereof, at

20  the same rate and fees as allowed clerks of the circuit court

21  by statute, the department shall furnish a certified copy of

22  any license, regulation, or order.  In any court or

23  proceeding, such copy shall be prima facie evidence of the

24  fact of the issuance of such license, regulation, or order.

25         Section 178.  Subsection (3) of section 516.23, Florida

26  Statutes, is amended to read:

27         516.23  Subpoenas; enforcement actions; rules.--

28         (3)  The department has authority to may adopt rules

29  pursuant to ss. 120.54 and 120.536(1) to implement the

30  provisions and perform such other acts as are necessary for

31


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  1  the proper administration, enforcement, and interpretation of

  2  this chapter.

  3         Section 179.  Subsection (1) of section 517.03, Florida

  4  Statutes, is amended to read:

  5         517.03  Power of department to make rules.--

  6         (1)  The Department of Banking and Finance shall

  7  administer and provide for the enforcement of all the

  8  provisions of this chapter.  The department has authority to

  9  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

10  the provisions of shall make, adopt, promulgate, amend, and

11  repeal all rules necessary or convenient for the carrying out

12  of the duties, obligations, and powers conferred on said

13  department and perform any other acts necessary or convenient

14  for the proper administration, enforcement, or interpretation

15  of this chapter conferring powers or duties upon it,

16  including, without limitation, adopting rules and forms

17  governing reports.  The department shall also have the

18  nonexclusive power to define by rule any term, whether or not

19  used in this chapter, insofar as the definition is not

20  inconsistent with the provisions of this chapter.

21         Section 180.  Subsection (5) of section 520.994,

22  Florida Statutes, is amended to read:

23         520.994  Powers of department.--

24         (5)  The department shall administer and enforce this

25  chapter. The department has authority to may adopt rules

26  pursuant to ss. 120.54 and 120.536(1) to implement the

27  provisions and perform such other acts as are necessary or

28  convenient for the proper administration, enforcement, and

29  interpretation of this chapter.

30         Section 181.  Section 526.09, Florida Statutes, is

31  amended to read:


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  1         526.09  Department to enforce law; rules and

  2  regulations.--The Department of Agriculture and Consumer

  3  Services shall enforce the provisions of this chapter.  The

  4  department has authority to adopt rules pursuant to ss. 120.54

  5  and 120.536(1) to implement is authorized to adopt,

  6  promulgate, and enforce such rules and regulations not

  7  inconsistent with the provisions of this chapter as in its

  8  judgment may be necessary to the proper enforcement of this

  9  chapter.

10         Section 182.  Subsection (3) of section 531.41, Florida

11  Statutes, is amended to read:

12         531.41  Powers and duties of the department.--The

13  department shall:

14         (3)  Adopt reasonable rules pursuant to ss. 120.54 and

15  120.536(1) to implement, interpret, or make specific the

16  provisions of this chapter, which rules shall have the force

17  and effect of law.

18

19  The provisions of this chapter and rules adopted thereunder

20  notwithstanding, scales routinely used by providers of weight

21  control services shall not be considered commercial weights

22  and measures when used to determine human weight or to compute

23  charges or payments for services rendered by such providers on

24  the basis of said weight, measure, or count.

25         Section 183.  Subsection (2) of section 548.003,

26  Florida Statutes, is amended to read:

27         548.003  State Athletic Commission.--

28         (2)  The State Athletic Commission, as created by

29  subsection (1), shall administer the provisions of this

30  chapter. The commission has authority to may adopt rules

31


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  1  pursuant to ss. 120.54 and 120.536(1) to implement the

  2  provisions of this chapter.

  3         Section 184.  Section 553.76, Florida Statutes, is

  4  amended to read:

  5         553.76  General powers of the board.--The board is

  6  authorized to:

  7         (1)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

  8  to implement the provisions Promulgate, in cooperation with

  9  the department, rules and regulations for the administration

10  of this part, pursuant to chapter 120.

11         (2)  Issue memoranda Provide rules of procedure for its

12  internal management and control.

13         (3)  Enter into contracts and do such things as may be

14  necessary and incidental to the discharge of its

15  responsibilities under this part.

16         Section 185.  Subsection (3) of section 560.105,

17  Florida Statutes, is amended to read:

18         560.105  Supervisory powers of the department;

19  rulemaking.--Consistent with the purposes of the code, the

20  department shall have:

21         (3)  Power to issue and publish rules, orders, and

22  declaratory statements, disseminate information, and otherwise

23  exercise its discretion to effectuate the purposes, policies,

24  and provisions of the code and to adopt rules pursuant to ss.

25  120.54 and 120.536(1) to interpret and implement the

26  provisions of the code.

27         Section 186.  Subsection (1) of section 561.11, Florida

28  Statutes, is amended to read:

29         561.11  Power and authority of division.--

30         (1)  The division has authority to adopt rules pursuant

31  to ss. 120.54 and 120.536(1) to implement the provisions shall


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  1  have full power and authority to make, adopt, amend, or repeal

  2  rules, regulations, or administrative orders to carry out the

  3  purposes of the Beverage Law.  All such rules, regulations, or

  4  orders adopted in accordance with chapter 120 shall have the

  5  full force and effect of law.

  6         Section 187.  Subsection (23) of section 570.07,

  7  Florida Statutes, is amended to read:

  8         570.07  Department of Agriculture and Consumer

  9  Services; functions, powers, and duties.--The department shall

10  have and exercise the following functions, powers, and duties:

11         (23)  To adopt rules pursuant to ss. 120.54 and

12  120.536(1) to implement provisions of law conferring duties

13  upon it enact, amend, and repeal administrative rules as

14  necessary.

15         Section 188.  Section 571.05, Florida Statutes, is

16  amended to read:

17         571.05  Rules.--The department by rule may design,

18  determine, and adopt seals of quality for use in publicizing,

19  advertising, and promoting agricultural products; prescribe

20  minimum standards of quality and grade of agricultural

21  products with which a seal of quality may be used; name and

22  define market packages of agricultural products; fix a

23  reasonable and equitable advertising and promotion fee for

24  such market package of agricultural products; and otherwise

25  adopt rules pursuant to ss. 120.54 and 120.536(1) to

26  interpret, implement, and make specific the provisions of this

27  part.

28         Section 189.  Subsection (9) of section 571.24, Florida

29  Statutes, is amended to read:

30         571.24  Purpose; duties of the division.--The purpose

31  of this part is to authorize the division to establish and


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  1  coordinate the Florida Agricultural Promotional Campaign.  The

  2  duties of the division shall include, but are not limited to:

  3         (9)  Adopting rules pursuant to ss. 120.54 and

  4  120.536(1) Promulgating rules necessary to implement the

  5  provisions of this part.

  6         Section 190.  Section 574.14, Florida Statutes, is

  7  amended to read:

  8         574.14  Rules.--The Department of Agriculture and

  9  Consumer Services may adopt rules pursuant to ss. 120.54 and

10  120.536(1) to implement, make specific, or interpret the

11  provisions of this chapter.

12         Section 191.  Section 578.11, Florida Statutes, is

13  amended to read:

14         578.11  Duties, authority, and rules and regulations of

15  the department.--

16         (1)  The duty of administering this law and enforcing

17  its provisions and requirements shall be vested in the

18  Department of Agriculture and Consumer Services, which is

19  hereby authorized to employ such agents and persons as in its

20  judgment shall be necessary therefor.  It shall be the duty of

21  the department, which may act through its authorized agents,

22  to sample, inspect, make analyses of, and test agricultural,

23  vegetable, flower, or forest tree seed transported, sold,

24  offered or exposed for sale, or distributed within this state

25  for sowing or planting purposes, at such time and place and to

26  such extent as it may deem necessary to determine whether said

27  agricultural, vegetable, flower or forest tree seed are in

28  compliance with the provisions of this law, and to notify

29  promptly the person who transported, distributed, sold,

30  offered or exposed the seed for sale, of any violation.

31         (2)  The department is authorized:


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  1         (a)  To enforce this act and prescribe and adopt

  2  reasonable rules, which shall have the full force and effect

  3  of law, for the enforcement of this act, governing the methods

  4  of sampling, inspecting, testing, and examining agricultural,

  5  vegetable, flower, or forest tree seed. The department shall,

  6  on a one-time basis after the effective date of this act,

  7  notify those previously receiving personal notice of such

  8  rules that they will no longer be receiving such notice.

  9         (b)  To establish standards and tolerances to be

10  followed in the administration of this law, which shall be in

11  general accord with officially prescribed practices in

12  interstate commerce.

13         (c)  To prescribe uniform labels.

14         (d)  To adopt prohibited and restricted noxious weed

15  seed lists.

16         (e)  To prescribe limitations for each restricted

17  noxious weed to be used in enforcement of this act and to add

18  or subtract therefrom from time to time as the need may arise.

19         (f)  To make commercial tests of seed and to fix and

20  collect charges for such tests.

21         (g)  To list the kinds of flower and forest tree seed

22  subject to this law.

23         (h)  To analyze samples, as requested by a consumer.

24  The department shall establish, by rule, a fee schedule for

25  analyzing samples at the request of a consumer.  The fees

26  shall be sufficient to cover the costs to the department for

27  taking the samples and performing the analysis, not to exceed

28  $150 per sample.

29         (i)  To adopt rules pursuant to ss. 120.54 and

30  120.536(1) to implement the provisions of prescribe such other

31


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  1  rules as may be necessary to secure the efficient enforcement

  2  of this act.

  3         (3)  For the purpose of carrying out the provisions of

  4  this law, the department, through its authorized agents, is

  5  authorized:

  6         (a)  To enter upon any public or private premises,

  7  where agricultural, vegetable, flower, or forest tree seed is

  8  sold, offered, exposed, or distributed for sale during regular

  9  business hours, in order to have access to seed subject to

10  this law and the rules and regulations hereunder.

11         (b)  To issue and enforce a stop-sale notice or order

12  to the owner or custodian of any lot of agricultural,

13  vegetable, flower, or forest tree seed, which the department

14  finds or has good reason to believe is in violation of any

15  provisions of this law, which shall prohibit further sale,

16  barter, exchange, or distribution of such seed until the

17  department is satisfied that the law has been complied with

18  and has issued a written release or notice to the owner or

19  custodian of such seed.  After a stop-sale notice or order has

20  been issued against or attached to any lot of seed and the

21  owner or custodian of such seed has received confirmation that

22  the seed does not comply with this law, she or he shall have

23  15 days beyond the normal test period within which to comply

24  with the law and obtain a written release of the seed.  The

25  provisions of this paragraph shall not be construed as

26  limiting the right of the department to proceed as authorized

27  by other sections of this law.

28         (c)  To establish and maintain a seed laboratory,

29  employ seed analysts and other personnel, and incur such other

30  expenses as may be necessary to comply with these provisions.

31


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  1         Section 192.  Subsection (2) of section 580.036,

  2  Florida Statutes, is amended to read:

  3         580.036  Powers and duties.--

  4         (2)  The department is authorized to adopt rules

  5  pursuant to ss. 120.54 and 120.536(1) to enforce the

  6  provisions as necessary for the enforcement of this chapter.

  7  These rules shall be consistent with the rules and standards

  8  of the United States Food and Drug Administration and the

  9  United States Department of Agriculture, when applicable, and

10  shall include:

11         (a)  Establishing definitions and reasonable standards

12  for commercial feed or feedstuff and permissible tolerances

13  for pesticide chemicals, chemical additives, nonnutritive

14  ingredients, or drugs in or on commercial feed or feedstuff in

15  such amounts as will ensure the safety of livestock and

16  poultry and the products thereof used for human consumption.

17         (b)  Adopting standards for the manufacture and

18  distribution of medicated feed.

19         (c)  Establishing definitions and reasonable standards

20  for the certification of laboratories for the conduct of

21  testing and analyses as required in this chapter.

22         (d)  Establishing product labeling requirements for

23  distributors.

24         (e)  Limiting the use of drugs in commercial feed and

25  prescribing feeding directions to be used to ensure safe usage

26  of medicated feed.

27         (f)  Establishing standards for evaluating

28  quality-assurance/quality-control plans, including testing

29  protocols, for exemptions to certified laboratory testing

30  requirements.

31


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  1         Section 193.  Section 583.04, Florida Statutes, is

  2  amended to read:

  3         583.04  Promulgation of rules.--The department has

  4  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

  5  to implement may make and promulgate such rules as may be

  6  necessary to carry out the provisions of this chapter.

  7         Section 194.  Subsection (4) of section 585.002,

  8  Florida Statutes, is amended to read:

  9         585.002  Department control; continuance of powers,

10  duties, rules, orders, etc.--

11         (4)  The department shall adopt rules pursuant to ss.

12  120.54 and 120.536(1) to implement promulgate rules to carry

13  out the provisions of this chapter.

14         Section 195.  Subsection (2) of section 593.103,

15  Florida Statutes, is amended to read:

16         593.103  Powers and duties of department.--The

17  department has the power and duty to:

18         (2)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

19  to implement the provisions Promulgate rules necessary to the

20  enforcement of ss. 593.101-593.117.

21         Section 196.  Section 616.165, Florida Statutes, is

22  amended to read:

23         616.165  Rules.--The department shall adopt all rules

24  pursuant to ss. 120.54 and 120.536(1) necessary to implement

25  carry out the provisions of this chapter.

26         Section 197.  Paragraph (j) of subsection (1) of

27  section 616.256, Florida Statutes, is amended to read:

28         616.256  Powers of authority.--

29         (1)  The authority shall have power to:

30         (j)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

31  to implement provisions of law conferring duties upon it,


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  1  pursuant to chapter 120, rules necessary to carry out its

  2  duties and responsibilities.

  3         Section 198.  Subsection (4) of section 617.01301,

  4  Florida Statutes, is amended to read:

  5         617.01301  Powers of Department of State.--

  6         (4)  The Department of State shall have the power and

  7  authority reasonably necessary to enable it to administer this

  8  act efficiently, to perform the duties herein imposed upon it,

  9  and to adopt reasonable rules pursuant to ss. 120.54 and

10  120.536(1) to implement the provisions of necessary to carry

11  out its duties and functions under this act conferring duties

12  upon it.

13         Section 199.  Subsection (4) of section 620.1835,

14  Florida Statutes, is amended to read:

15         620.1835  Powers of Department of State;

16  interrogatories.--

17         (4)  The Department of State shall have the power and

18  authority reasonably necessary to enable it to administer this

19  act efficiently, to perform the duties herein imposed upon it,

20  and to adopt rules pursuant to ss. 120.54 and 120.536(1) to

21  implement the provisions of reasonable rules necessary to

22  carry out its duties and functions under this act conferring

23  duties upon it.

24         Section 200.  Subsection (2) of section 620.81055,

25  Florida Statutes, is amended to read:

26         620.81055  Fees for filing documents and issuing

27  certificates; powers of the Department of State.--

28         (2)  The Department of State has the power and

29  authority reasonably necessary to enable it to administer this

30  act efficiently, to perform the duties imposed upon it by this

31  act, and to adopt reasonable rules pursuant to ss. 120.54 and


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  1  120.536(1) to implement the provisions of necessary to carry

  2  out its duties and functions under this act conferring duties

  3  upon it.

  4         Section 201.  Subsection (1) of section 624.308,

  5  Florida Statutes, is amended to read:

  6         624.308  Rules.--

  7         (1)  The department has authority to may adopt

  8  reasonable rules pursuant to ss. 120.54 and 120.536(1) to

  9  implement provisions of law conferring duties upon it

10  necessary to effect any of the statutory duties of the

11  department. Such rules shall not extend, modify, or conflict

12  with any law of this state or the reasonable implications of

13  such laws.

14         Section 202.  Section 624.4431, Florida Statutes, is

15  amended to read:

16         624.4431  Administration; rules.--The administration of

17  ss. 624.436-624.446 is vested in the department. The

18  department has authority to may adopt reasonable rules

19  pursuant to ss. 120.54 and 120.536(1) to implement the

20  provisions of ss. 624.436-624.446.

21         Section 203.  Subsection (1) of section 626.943,

22  Florida Statutes, is amended to read:

23         626.943  Powers and duties of the department.--It is

24  the function of the department to:

25         (1)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

26  to implement the provisions of Promulgate rules necessary to

27  carry out the duties conferred upon it under this part

28  conferring duties upon it to protect the public health,

29  safety, and welfare.

30         Section 204.  Section 627.805, Florida Statutes, is

31  amended to read:


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    CS for SB 1440                                 First Engrossed



  1         627.805  Departmental regulation of variable and

  2  indeterminate value contracts; rules.--The department,

  3  notwithstanding any other provision of law, shall have the

  4  sole authority to regulate the issuance and sale of variable

  5  and indeterminate value contracts and has authority to adopt

  6  rules pursuant to ss. 120.54 and 120.536(1) to implement the

  7  to issue such reasonable rules as may be necessary to carry

  8  out the purposes and provisions of this part.

  9         Section 205.  Section 627.9408, Florida Statutes, is

10  amended to read:

11         627.9408  Rules.--The department has authority to may

12  adopt such rules pursuant to ss. 120.54 and 120.536(1) to

13  implement as are necessary and proper in furtherance of the

14  provisions of this part.

15         Section 206.  Section 628.535, Florida Statutes, is

16  amended to read:

17         628.535  Authority to promulgate rules.--The department

18  has authority to adopt rules pursuant to ss. 120.54 and

19  120.536(1) to implement the provisions may promulgate rules to

20  carry out the purposes of this chapter.

21         Section 207.  Section 633.01, Florida Statutes, is

22  amended to read:

23         633.01  State Fire Marshal; powers and duties; rules.--

24         (1)  The head of the Department of Insurance shall be

25  designated as "State Fire Marshal."  The State Fire Marshal

26  has authority to adopt rules pursuant to ss. 120.54 and

27  120.536(1) shall make and promulgate all rules necessary to

28  implement the provisions of this chapter conferring powers or

29  which grant powers and impose duties upon the department on

30  the State Fire Marshal and to effectuate the enforcement of

31  such powers and duties.  Rules shall be in substantial


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    CS for SB 1440                                 First Engrossed



  1  conformity with generally accepted standards of firesafety;

  2  shall take into consideration the direct supervision of

  3  children in nonresidential child care facilities; and shall

  4  balance and temper the need of the State Fire Marshal to

  5  protect all Floridians from fire hazards with the social and

  6  economic inconveniences that may be caused or created by the

  7  rules. However, the department shall not adopt minimum

  8  firesafety standards, except to the extent required by s.

  9  394.879.

10         (2)  Subject to the limitations of subsection (1),

11  rules promulgated by the State Fire Marshal shall be such as

12  are reasonably necessary for the protection of the health,

13  welfare, and safety of the public and shall be in substantial

14  conformity with generally accepted standards of firesafety.

15  In the promulgation of rules, the State Fire Marshal shall

16  give consideration to generally accepted standards of

17  firesafety.

18         (2)(3)  Subject to the limitations of subsection (1),

19  it is the intent of the Legislature that the State Fire

20  Marshal shall have the responsibility to minimize the loss of

21  life and property in this state due to fire.  The State Fire

22  Marshal shall enforce all laws and provisions of this chapter,

23  and any rules adopted pursuant thereto, relating to:

24         (a)  The prevention of fire and explosion through the

25  regulation of conditions which could cause fire or explosion,

26  the spread of fire, and panic resulting therefrom;

27         (b)  Installation and maintenance of fire alarm systems

28  and fire protection systems, including fire suppression

29  systems, fire-extinguishing equipment, and fire sprinkler

30  systems;

31


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    CS for SB 1440                                 First Engrossed



  1         (c)1.  Servicing, repairing, recharging, testing,

  2  marking, inspecting, installing, maintaining, and tagging of

  3  fire extinguishers, preengineered systems, and individually

  4  designed fire protection systems;

  5         2.  The training and licensing of persons engaged in

  6  the business of servicing, repairing, recharging, testing,

  7  marking, inspecting, installing, maintaining, and tagging fire

  8  extinguishers, preengineered systems, and individually

  9  designed fire protection systems;

10         (d)  The maintenance of fire cause and loss records;

11  and

12         (e)  Suppression of arson and the investigation of the

13  cause, origin, and circumstances of fire.

14         (3)(4)  The State Fire Marshal shall establish by rule

15  guidelines and procedures for triennial renewal of firesafety

16  inspector requirements for certification.

17         (4)(5)  It is the intent of the Legislature that the

18  rules promulgated by the State Fire Marshal pursuant to this

19  section be enforced in such a manner as to prohibit the

20  displacement of currently placed mobile homes unless there is

21  a threat of imminent danger to the health, safety, or welfare

22  of the general public. Furthermore, it is the intent of the

23  Legislature that consideration be given to the social and

24  economic inconveniences which may be caused or created by the

25  rules promulgated by the State Fire Marshal pursuant to this

26  section.

27         (6)  It is the intent of the Legislature that the rules

28  adopted by the State Fire Marshal pursuant to this section be

29  promulgated in such a manner as to take into consideration the

30  direct supervision of children in nonresidential child care

31  facilities and to balance and temper the need of the State


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    CS for SB 1440                                 First Engrossed



  1  Fire Marshal to protect all citizens from fire hazards with

  2  the social and economic inconveniences which may be caused or

  3  created by the rules promulgated by the State Fire Marshal

  4  pursuant to this section.

  5         Section 208.  Subsection (1) of section 633.517,

  6  Florida Statutes, is amended to read:

  7         633.517  Authority of State Fire Marshal to adopt

  8  rules, administer oaths, and take testimony.--

  9         (1)  The State Fire Marshal is authorized, with the

10  advice of the board, to adopt rules pursuant to ss. 120.54 and

11  120.536(1) and regulations to implement carry out the

12  provisions of this act.

13         Section 209.  Section 634.021, Florida Statutes, is

14  amended to read:

15         634.021  Powers of department; rules.--The department

16  shall administer this act and to that end it has authority to

17  may adopt, promulgate, and enforce rules pursuant to ss.

18  120.54 and 120.536(1) to implement the necessary and proper to

19  effectuate any provisions of this act.

20         Section 210.  Section 634.302, Florida Statutes, is

21  amended to read:

22         634.302  Powers of department; rules.--The department

23  shall administer this part, and, to that end, it has authority

24  to may adopt, promulgate, and enforce rules pursuant to ss.

25  120.54 and 120.536(1) to implement the necessary and proper to

26  effectuate any provisions of this part.

27         Section 211.  Section 634.402, Florida Statutes, is

28  amended to read:

29         634.402  Powers of department; rules.--The department

30  shall administer this part, and to that end it has authority

31  to may adopt and enforce rules pursuant to ss. 120.54 and


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    CS for SB 1440                                 First Engrossed



  1  120.536(1) to implement the provisions necessary and proper to

  2  effectuate any provision of this part.

  3         Section 212.  Section 635.081, Florida Statutes, is

  4  amended to read:

  5         635.081  Administration and enforcement.--The

  6  department has authority to adopt rules pursuant to ss. 120.54

  7  and 120.536(1) to implement shall adopt such rules as are

  8  necessary to carry out the provisions of this chapter and

  9  shall have the same powers of administration and enforcement

10  of the provisions of this chapter as it has with respect to

11  casualty or surety insurers in general under the Florida

12  Insurance Code.

13         Section 213.  Section 636.067, Florida Statutes, is

14  amended to read:

15         636.067  Rules.--The department has authority to may,

16  after notice and hearing, adopt rules pursuant to ss. 120.54

17  and 120.536(1) to implement the provisions of administer this

18  act.  A violation of any such rule subjects the violator to

19  the provisions of s. 636.048.

20         Section 214.  Section 641.403, Florida Statutes, is

21  amended to read:

22         641.403  Promulgation of rules.--The Department of

23  Insurance has authority to adopt rules pursuant to ss. 120.54

24  and 120.536(1) to implement shall promulgate rules necessary

25  to carry out the provisions of this part.

26         Section 215.  Section 641.56, Florida Statutes, is

27  amended to read:

28         641.56  Rulemaking authority.--The Agency for Health

29  Care Administration has authority to adopt rules pursuant to

30  ss. 120.54 and 120.536(1) to implement the provisions of is

31  authorized to make rules, not inconsistent with law, which may


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    CS for SB 1440                                 First Engrossed



  1  be necessary to carry out the duties and authority conferred

  2  upon it by this part conferring duties upon it and to protect

  3  the health, safety, and welfare of the public.

  4         Section 216.  Paragraph (a) of subsection (1) of

  5  section 648.26, Florida Statutes, is amended to read:

  6         648.26  Department of Insurance; administration.--

  7         (1)  The department shall administer the provisions of

  8  this chapter as provided in this chapter.

  9         (a)  The department has authority to may adopt rules

10  pursuant to ss. 120.54 and 120.536(1) to implement the

11  provisions of necessary and proper to effect any of the duties

12  or powers of the department provided in this chapter

13  conferring powers or duties upon it.

14         Section 217.  Subsection (3) of section 651.015,

15  Florida Statutes, is amended to read:

16         651.015  Administration; forms; fees; rules;

17  fines.--The administration of this chapter is vested in the

18  department, which shall:

19         (3)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

20  to implement the provisions, within the standards of this

21  chapter, necessary to effect the purposes of this chapter.

22  Specific provisions in this chapter relating to any subject

23  shall not preclude the department from adopting rules

24  concerning such subject if such rules are within the standards

25  and purposes of this chapter.

26         Section 218.  Subsection (3) of section 655.012,

27  Florida Statutes, is amended to read:

28         655.012  General supervisory powers of the department;

29  rulemaking.--In addition to other powers conferred by the

30  financial institutions codes, the department shall have:

31


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    CS for SB 1440                                 First Engrossed



  1         (3)  Power to issue and publish rules, orders, and

  2  declaratory statements, disseminate information, and otherwise

  3  exercise its discretion to effectuate the purposes, policies,

  4  and provisions of the financial institutions codes and to

  5  adopt rules pursuant to ss. 120.54 and 120.536(1) to interpret

  6  and implement the provisions of such codes consistently with

  7  such purposes, policies, and provisions.

  8         Section 219.  Section 681.118, Florida Statutes, is

  9  amended to read:

10         681.118  Rulemaking authority.--The Department of Legal

11  Affairs shall adopt rules pursuant to ss. 120.54 and

12  120.536(1) to implement the provisions of this chapter.

13         Section 220.  Section 717.138, Florida Statutes, is

14  amended to read:

15         717.138  Rulemaking authority.--The Department of

16  Banking and Finance shall administer and provide for the

17  enforcement of this chapter.  The department has authority to

18  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

19  the provisions is authorized to make rules and to perform such

20  other acts as are necessary or convenient for the proper

21  administration, enforcement, and interpretation of this

22  chapter.

23         Section 221.  Paragraph (f) of subsection (1) of

24  section 718.501, Florida Statutes, is amended to read:

25         718.501  Powers and duties of Division of Florida Land

26  Sales, Condominiums, and Mobile Homes.--

27         (1)  The Division of Florida Land Sales, Condominiums,

28  and Mobile Homes of the Department of Business and

29  Professional Regulation, referred to as the "division" in this

30  part, in addition to other powers and duties prescribed by

31  chapter 498, has the power to enforce and ensure compliance


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    CS for SB 1440                                 First Engrossed



  1  with the provisions of this chapter and rules promulgated

  2  pursuant hereto relating to the development, construction,

  3  sale, lease, ownership, operation, and management of

  4  residential condominium units. In performing its duties, the

  5  division has the following powers and duties:

  6         (f)  The division has authority to adopt rules pursuant

  7  to ss. 120.54 and 120.536(1) to implement and enforce the

  8  provisions of is authorized to promulgate rules, pursuant to

  9  chapter 120, necessary to implement, enforce, and interpret

10  this chapter.

11         Section 222.  Paragraph (f) of subsection (1) of

12  section 719.501, Florida Statutes, is amended to read:

13         719.501  Powers and duties of Division of Florida Land

14  Sales, Condominiums, and Mobile Homes.--

15         (1)  The Division of Florida Land Sales, Condominiums,

16  and Mobile Homes of the Department of Business and

17  Professional Regulation, referred to as the "division" in this

18  part, in addition to other powers and duties prescribed by

19  chapter 498, has the power to enforce and ensure compliance

20  with the provisions of this chapter and rules promulgated

21  pursuant hereto relating to the development, construction,

22  sale, lease, ownership, operation, and management of

23  residential cooperative units. In performing its duties, the

24  division shall have the following powers and duties:

25         (f)  The division has authority to adopt rules pursuant

26  to ss. 120.54 and 120.536(1) to implement and enforce the

27  provisions of is authorized to promulgate rules, pursuant to

28  chapter 120, necessary to implement, enforce, and interpret

29  this chapter.

30         Section 223.  Subsection (6) of section 721.26, Florida

31  Statutes, is amended to read:


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  1         721.26  Regulation by division.--The division has the

  2  power to enforce and ensure compliance with the provisions of

  3  this chapter using the powers provided in this chapter, as

  4  well as the powers prescribed in chapters 498, 718, and 719.

  5  In performing its duties, the division shall have the

  6  following powers and duties:

  7         (6)  The division has authority to adopt rules pursuant

  8  to ss. 120.54 and 120.536(1) to implement and enforce the

  9  provisions of is authorized to adopt, amend, or repeal rules

10  pursuant to chapter 120 as necessary to implement, enforce,

11  and interpret this chapter.

12         Section 224.  Subsection (7) of section 723.006,

13  Florida Statutes, is amended to read:

14         723.006  Powers and duties of division.--In performing

15  its duties, the division has the following powers and duties:

16         (7)  The division has authority to adopt rules pursuant

17  to ss. 120.54 and 120.536(1) to implement and enforce the

18  provisions of is authorized to promulgate rules, pursuant to

19  chapter 120, which are necessary to implement, enforce, and

20  interpret this chapter.

21         Section 225.  Section 916.20, Florida Statutes, is

22  amended to read:

23         916.20  Operation and administration; rules.--

24         (1)  The department is authorized to promulgate rules,

25  enter into contracts, and do such things as may be necessary

26  and incidental to assure compliance with and to carry out the

27  provisions of this chapter in accordance with the stated

28  legislative intent.

29         (2)  The department has authority to adopt rules

30  pursuant to ss. 120.54 and 120.536(1) to implement the

31  provisions of this chapter Rules of the department shall be


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  1  adopted in accordance with the provisions of chapter 120, the

  2  Administrative Procedure Act.

  3         Section 226.  Subsection (4) of section 943.03, Florida

  4  Statutes, is amended to read:

  5         943.03  Department of Law Enforcement.--

  6         (4)  Pursuant to chapter 120, The department shall

  7  adopt the rules pursuant to ss. 120.54 and 120.536(1) to

  8  implement the provisions of and regulations deemed necessary

  9  to carry out its duties and responsibilities under this

10  chapter conferring duties upon it.

11         Section 227.  Subsection (1) of section 944.09, Florida

12  Statutes, is amended to read:

13         944.09  Rules of the department; offenders,

14  probationers, and parolees.--

15         (1)  The department has authority to shall adopt rules

16  pursuant to ss. 120.54 and 120.536(1) to implement its

17  statutory authority. The rules must include rules relating to

18  governing the administration of the correctional system and

19  the operation of the department, which rules shall relate to:

20         (a)  The rights of inmates.

21         (b)  The rules of conduct to be observed by inmates and

22  the categories of violations according to degrees or levels of

23  severity, as well as the degrees of punishment applicable and

24  appropriate to such violations.

25         (c)  Disciplinary procedures and punishment.

26         (d)  Grievance procedures which shall conform to 42

27  U.S.C. s. 1997e.

28         (e)  The operation and management of the correctional

29  institution or facility and its personnel and functions.

30         (f)  The development of a staffing formula for security

31  positions in its residential facilities, taking into account


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  1  the factors of leave time, security needs, and training

  2  requirements.

  3         (g)  Mail to and from the state correctional system.

  4         (h)  Gain-time for good conduct of, release payments

  5  to, and release transportation of inmates.

  6         (i)  Uniforms for inmates and custodial personnel.

  7         (j)  Rules of Conduct of custodial and other personnel.

  8         (k)  Classification of personnel and duties assigned

  9  thereto and classification and separation of offenders

10  according to age, sex, and such other factors as are deemed

11  advisable.

12         (l)  Credits for confinement prior to commitment to the

13  department.

14         (m)  Payments to prisoners for work performed.  Such

15  payments, if any, shall include restrictions on the use of

16  earnings, including payments for support of dependents and

17  release reserves.  The rules shall provide that no payment

18  shall be made to any prisoner who fails to perform the work

19  assigned satisfactorily.

20         (n)  Visiting hours and privileges.  The rules shall

21  provide that any inmate with a current or prior conviction for

22  any offense contained in chapter 794, chapter 800, chapter

23  827, or chapter 847 for committing or attempting to commit

24  aggravated child abuse or committing or attempting to commit a

25  sex act on, in the presence of, or against a child under the

26  age of 16 years, shall not be allowed visitation with anyone

27  under the age of 18 years, unless special visitation is

28  approved by the superintendent.  The authorization for special

29  visitation shall be based on extenuating circumstances that

30  serve the interest of the children.  If visiting is restricted

31


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  1  by court order, permission for special visitation may be

  2  granted only by the judge issuing the order.

  3         (o)  Mail to and from inmates, including rules

  4  specifying the circumstances under which an inmate must pay

  5  for the cost of postage for mail that the inmate sends.  The

  6  department may not adopt a rule that requires an inmate to pay

  7  any postage costs that the state is constitutionally required

  8  to pay.

  9         (p)  The feeding of prisoners, including diet and

10  menus, and the furnishing of health and comfort items to

11  indigent prisoners.

12         (q)  The determination of restitution, including the

13  amount and to whom it should be paid.  The rules shall provide

14  necessary explanation to support recommendations regarding

15  restitution.

16         (r)  Such other rules as in the opinion of the

17  department may be necessary for the efficient operation and

18  management of the correctional system.

19         Section 228.  Section 947.07, Florida Statutes, is

20  amended to read:

21         947.07  Rules and regulations.--The commission has

22  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

23  shall have power to make such rules and regulations as it

24  deems best for its governance, including among other things

25  rules of practice and procedure and rules prescribing

26  qualifications to be possessed by its employees.

27         Section 229.  Paragraph (b) of subsection (1) of

28  section 960.045, Florida Statutes, is amended to read:

29         960.045  Department of Legal Affairs; powers and

30  duties.--It shall be the duty of the department to assist

31  persons who are victims of crime.


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  1         (1)  The department shall:

  2         (b)  Adopt, promulgate, amend, and rescind such rules

  3  pursuant to ss. 120.54 and 120.536(1) to implement as are

  4  necessary to carry out the provisions of this chapter.

  5         Section 230.  Section 985.405, Florida Statutes, is

  6  amended to read:

  7         985.405  Rules for implementation.--The Department of

  8  Juvenile Justice shall adopt rules pursuant to ss. 120.54 and

  9  120.536(1) to implement the provisions of for the efficient

10  and effective management of all programs, services,

11  facilities, and functions necessary for implementing this

12  chapter. Such rules may not conflict with the Florida Rules of

13  Juvenile Procedure. All rules and policies must conform to

14  accepted standards of care and treatment.

15         Section 231.  Subsection (1) of section 633.70, Florida

16  Statutes, is amended to read:

17         633.70  Jurisdiction of State Fire Marshal over alarm

18  system contractors and certified unlimited electrical

19  contractors.--

20         (1)  When the State Fire Marshal, in the course of its

21  activities pursuant to s. 633.01 (2) s. 633.01(3) determines

22  that an alarm system contractor or a certified unlimited

23  electrical contractor working with an alarm system has

24  violated any provision of this chapter or the rules of the

25  State Fire Marshal, the State Fire Marshal shall have

26  jurisdiction, notwithstanding any other provision of this

27  chapter, to order corrective action by the alarm system

28  contractor or the certified unlimited electrical contractor to

29  bring the alarm system into compliance with applicable

30  standards set forth in this chapter and the rules of the State

31  Fire Marshal.


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  1         Section 232.  Present subsections (15) through (30) of

  2  section 334.044, Florida Statutes, are renumbered as

  3  subsections (16) through (31), respectively, and a new

  4  subsection (15) is added to that section, to read:

  5         334.044  Department; powers and duties.--The department

  6  shall have the following general powers and duties:

  7         (15)  To regulate and prescribe conditions for the

  8  transfer of stormwater to the state right-of-way as a result

  9  of man-made changes to adjacent properties.

10         (a)  Such regulation shall be through a permitting

11  process designed to ensure the safety and integrity of the

12  Department of Transportation facilities and to prevent an

13  unreasonable burden on lower properties.

14         (b)  The department is specifically authorized to adopt

15  rules which set forth the purpose, necessary definitions,

16  permit exceptions, permit and assurance requirements, permit

17  application procedures, permit forms, general conditions for a

18  drainage permit, provisions for suspension or revocation of a

19  permit, and provisions for department recovery of fines,

20  penalties and costs incurred due to permittee actions.  In

21  order to avoid duplication and overlap with other units of

22  government, the department shall accept a surface water

23  management permit issued by a water management district, the

24  Department of Environmental Protection, a surface water

25  management permit issued by a delegated local government or a

26  permit issued pursuant to an approved Stormwater Management

27  Plan or Master Drainage Plan; provided issuance is based on

28  requirements equal to or more stringent than those of the

29  department.

30         Section 233.  Subsection (15) of section 334.044,

31  Florida Statutes, as created by section 1 of Committee


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  1  Substitute for Senate Bill 846 as enacted by the Legislature

  2  during 1998 Regular Session is repealed.

  3         Section 234.  Subsection (3) of section 370.092,

  4  Florida Statutes, is amended to read:

  5         370.092  Carriage of proscribed nets across Florida

  6  waters.--

  7         (3)(a)  Notwithstanding subsections (1) and (2), unless

  8  authorized by rule of the Marine Fisheries Commission, it is a

  9  major violation under this section, punishable as provided in

10  subsection (4), for any person, firm, or corporation to

11  possess any gill or entangling net, or any seine net larger

12  than 500 square feet in mesh area, on any airboat or on any

13  other vessel less than 22 feet in length and on any vessel

14  less than 25 feet if primary power of the vessel is mounted

15  forward of the vessel center point. Gill or entangling nets

16  shall be as defined in s. 16, Art. X of the State

17  Constitution, s. 370.093(2)(b), or in a rule of the Marine

18  Fisheries Commission implementing s. 16, Art. X of the State

19  Constitution. Vessel length shall be determined in accordance

20  with current U.S. Coast Guard regulations specified in the

21  Code of Federal Regulations or as titled by the State of

22  Florida. The Marine Fisheries Commission is directed to

23  initiate by July 1, 1998, rulemaking to adjust by rule the use

24  of gear on vessels longer than 22 feet where the primary power

25  of the vessel is mounted forward of the vessel center point in

26  order to prevent the illegal use of gill and entangling nets

27  in state waters and to provide reasonable opportunities for

28  the use of legal net gear in adjacent federal waters.

29         (b)(a)  It shall be a major violation pursuant to this

30  section and shall be punished as provided in subsection (4)

31  for any person, firm, or corporation to be simultaneously in


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  1  possession of any species of mullet in excess of the

  2  recreational daily bag limit and any gill or other entangling

  3  net as defined in s. 16(c), Art. X of the State Constitution.

  4  Simultaneous possession under this provision shall include

  5  possession of mullet and gill or other entangling nets on

  6  separate vessels or vehicles where such vessels or vehicles

  7  are operated in coordination with one another including

  8  vessels towed behind a main vessel. This subsection does not

  9  prohibit a resident of this state from transporting on land,

10  from Alabama to this state, a commercial quantity of mullet

11  together with a gill net if:

12         1.  The person possesses a valid commercial fishing

13  license that is issued by the State of Alabama and that allows

14  the person to use a gill net to legally harvest mullet in

15  commercial quantities from Alabama waters.

16         2.  The person possesses a trip ticket issued in

17  Alabama and filled out to match the quantity of mullet being

18  transported, and the person is able to present such trip

19  ticket immediately upon entering this state.

20         3.  The mullet are to be sold to a wholesale saltwater

21  products dealer located in Escambia County or Santa Rosa

22  County, which dealer also possesses a valid seafood dealer's

23  license issued by the State of Alabama. The dealer's name must

24  be clearly indicated on the trip ticket.

25         4.  The mullet being transported are totally removed

26  from any net also being transported.

27         (c)(b)  It shall be a major violation pursuant to this

28  section for any person to be in possession of any species of

29  trout, snook, or redfish which is three fish in excess of the

30  recreational or commercial daily bag limit.

31


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  1         (d)  The Marine Fisheries Commission shall adopt rules

  2  to prohibit the possession and sale of mullet taken in illegal

  3  gill or entangling nets. Violations of such rules shall be

  4  punishable as provided in subsection (4).

  5         Section 235.  Section 370.093, Florida Statutes, is

  6  amended to read:

  7         370.093  Illegal use of nets.--

  8         (1)  It is unlawful to take or harvest, or to attempt

  9  to take or harvest, any marine life in Florida waters with any

10  net that is not consistent with the provisions of s. 16, Art.

11  X of the State Constitution.

12         (2)(a)  Beginning July 1, 1998, it is also unlawful to

13  take or harvest, or to attempt to take or harvest, any marine

14  life in Florida waters with any net, as defined in subsection

15  (3) and any attachments to such net, that combined are larger

16  than 500 square feet and have not been expressly authorized

17  for such use by rule of the Marine Fisheries Commission under

18  s. 370.027.  The use of currently legal shrimp trawls and

19  purse seines outside nearshore and inshore Florida waters

20  shall continue to be legal until the commission implements

21  rules regulating those types of gear.

22         (b)  The use of gill or entangling nets of any size is

23  prohibited, as such nets are defined in s. 16, Art. X of the

24  State Constitution.  Any net constructed wholly or partially

25  of monofilament or multifilament material, other than a hand

26  thrown cast net, or a handheld landing or dip net, shall be

27  considered to be an entangling net within the prohibition of

28  s. 16, Art. X of the State Constitution unless specifically

29  authorized by rule of the commission. Multifilament material

30  shall not be defined to include nets constructed of braided or

31  twisted nylon, cotton, linen twine, or polypropylene twine.


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  1         (c)  This subsection shall not be construed to apply to

  2  aquaculture activities licenses issued pursuant to s. 370.26.

  3         (3)  As used in s. 16, Art. X of the State Constitution

  4  and this subsection, the term "net" or "netting" must be

  5  broadly construed to include all manner or combination of mesh

  6  or webbing or any other solid or semisolid fabric or other

  7  material used to comprise a device that is used to take or

  8  harvest marine life.

  9         (4)  Upon the arrest of any person for violation of

10  this subsection, the arresting officer shall seize the nets

11  illegally used. Upon conviction of the offender, the arresting

12  authority shall destroy the nets.

13         (5)  Any person who violates this section shall be

14  punished as provided in s. 370.092(4).

15         (6)  The Marine Fisheries Commission is granted

16  authority to adopt rules pursuant to ss. 370.025 and 370.027

17  implementing this section and the prohibitions and

18  restrictions of s. 16, Art. X of the State Constitution.

19         Section 236.  This act shall take effect July 1 of the

20  year in which enacted.

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