CODING: Words stricken are deletions; words underlined are additions.
                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 206
    Amendment No.    
                            CHAMBER ACTION
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11  Senator Laurent moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 5, lines 4-25, delete those lines
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16  and insert:
17         Section 3.  Section 120.536, Florida Statutes, is
18  amended to read:
19         120.536  Rulemaking authority; listing of rules
20  exceeding authority; repeal; challenge.--
21         (1)  A grant of rulemaking authority is necessary but
22  not sufficient to allow an agency to adopt a rule; a specific
23  law to be implemented is also required. An agency may adopt
24  only rules that implement or, interpret the, or make specific
25  the particular powers and duties granted by the enabling
26  statute. No agency shall have authority to adopt a rule only
27  because it is reasonably related to the purpose of the
28  enabling legislation and is not arbitrary and capricious or is
29  within the agency's class of powers and duties, nor shall an
30  agency have the authority to implement statutory provisions
31  setting forth general legislative intent or policy. Statutory
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 206
    Amendment No.    
 1  language granting rulemaking authority or generally describing
 2  the powers and functions of an agency shall be construed to
 3  extend no further than implementing or interpreting the
 4  specific the particular powers and duties conferred by the
 5  same statute.
 6         (2)(a)  By October 1, 1997, each agency shall provide
 7  to the Administrative Procedures Committee a listing of each
 8  rule, or portion thereof, adopted by that agency before
 9  October 1, 1996, which exceeds the rulemaking authority
10  permitted by this section.  For those rules of which only a
11  portion exceeds the rulemaking authority permitted by this
12  section, the agency shall also identify the language of the
13  rule which exceeds this authority.  The Administrative
14  Procedures Committee shall combine the lists and provide the
15  cumulative listing to the President of the Senate and the
16  Speaker of the House of Representatives.  The Legislature
17  shall, at the 1998 Regular Session, consider whether specific
18  legislation authorizing the identified rules, or portions
19  thereof, should be enacted.  By January 1, 1999, each agency
20  shall initiate proceedings pursuant to s. 120.54 to repeal
21  each rule, or portion thereof, identified as exceeding the
22  rulemaking authority permitted by this section for which
23  authorizing legislation does not exist. By February 1, 1999,
24  the Administrative Procedures Committee shall submit to the
25  President of the Senate and the Speaker of the House of
26  Representatives a report identifying those rules that an
27  agency had previously identified as exceeding the rulemaking
28  authority permitted by this section for which proceedings to
29  repeal the rule have not been initiated.  As of July 1, 1999,
30  the Administrative Procedures Committee or any substantially
31  affected person may petition an agency to repeal any rule, or
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 206
    Amendment No.    
 1  portion thereof, because it exceeds the rulemaking authority
 2  permitted by this section.  Not later than 30 days after the
 3  date of filing the petition if the agency is headed by an
 4  individual, or not later than 45 days if the agency is headed
 5  by a collegial body, the agency shall initiate rulemaking
 6  proceedings to repeal the rule, or portion thereof, or deny
 7  the petition, giving a written statement of its reasons for
 8  the denial.
 9         (b)  By October 1, 1999, each agency shall provide to
10  the Administrative Procedures Committee a listing of each
11  rule, or portion thereof, adopted by that agency before the
12  effective date of the bill, which exceeds the rulemaking
13  authority permitted by this section.  For those rules of which
14  only a portion exceeds the rulemaking authority permitted by
15  this section, the agency shall also identify the language of
16  the rule which exceeds this authority.  The Administrative
17  Procedures Committee shall combine the lists and provide the
18  cumulative listing to the President of the Senate and the
19  Speaker of the House of Representatives.  The Legislature
20  shall, at the 2000 Regular Session, consider whether specific
21  legislation authorizing the identified rules, or portions
22  thereof, should be enacted.  By January 1, 2001, each agency
23  shall initiate proceedings pursuant to s. 120.54 to repeal
24  each rule, or portion thereof, identified as exceeding the
25  rulemaking authority permitted by this section for which
26  authorizing legislation does not exist. By February 1, 2001,
27  the Administrative Procedures Committee shall submit to the
28  President of the Senate and the Speaker of the House of
29  Representatives a report identifying those rules that an
30  agency had previously identified as exceeding the rulemaking
31  authority permitted by this section for which proceedings to
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 206
    Amendment No.    
 1  repeal the rule have not been initiated.  As of July 1, 2001,
 2  the Administrative Procedures Committee or any substantially
 3  affected person may petition an agency to repeal any rule, or
 4  portion thereof, because it exceeds the rulemaking authority
 5  permitted by this section.  Not later than 30 days after the
 6  date of filing the petition if the agency is headed by an
 7  individual, or not later than 45 days if the agency is headed
 8  by a collegial body, the agency shall initiate rulemaking
 9  proceedings to repeal the rule, or portion thereof, or deny
10  the petition, giving a written statement of its reasons for
11  the denial.
12         (3)  All proposed rules or amendments to existing rules
13  filed with the Department of State on or after October 1,
14  1996, shall be based on rulemaking authority no broader than
15  that permitted by this section. A rule adopted before October
16  1, 1996, and not included on a list submitted by an agency in
17  accordance with subsection (2) may not be challenged before
18  November 1, 1997, on the grounds that it exceeds the
19  rulemaking authority or law implemented as described by this
20  section. A rule adopted before October 1, 1996, and included
21  on a list submitted by an agency in accordance with subsection
22  (2) may not be challenged before July 1, 1999, on the grounds
23  that it exceeds the rulemaking authority or law implemented as
24  described by this section. A rule adopted before the effective
25  date of the bill, and included on a list submitted by an
26  agency in accordance with subsection (2)(b) may not be
27  challenged before July 1, 2001, on the grounds that it exceeds
28  the rulemaking authority or law implemented as described by
29  this section.
30         (4)  Nothing in this section shall be construed to
31  change the legal status of a rule that has otherwise been
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 206
    Amendment No.    
 1  judicially or administratively determined to be invalid.
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 4  ================ T I T L E   A M E N D M E N T ===============
 5  And the title is amended as follows:
 6         On page 1, lines 12 and 13, delete those lines
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 8  and insert:
 9         rulemaking authority; requiring agencies to
10         provide the Administrative Procedures Committee
11         with a list of existing rules which exceed such
12         rulemaking authority and providing for
13         legislative consideration of such rules;
14         requiring agencies to initiate proceedings to
15         repeal such rules for which authorizing
16         legislation is not adopted; requiring a report
17         to the Legislature; providing that the
18         committee or a substantially affected person
19         may petition for repeal of such rules after a
20         specified date; restricting challenge of such
21         rules before that date; amending 120.54, F.S.;
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