CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 206

    Amendment No.    

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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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 3

 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

 7

 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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