Florida Senate - 2012 SB 1470
By Senator Norman
12-01526-12 20121470__
1 A bill to be entitled
2 An act relating to the repeal of administrative rules;
3 amending s. 120.536, F.S.; providing for repeal of
4 administrative rules upon the repeal of the law
5 implemented; creating s. 120.555, F.S.; providing a
6 process for summary repeal of administrative rules
7 that are no longer in effect; nullifying specific
8 administrative rules adopted by the Northwest Florida
9 Water Management District, Suwannee River Water
10 Management District, St. Johns River Water Management
11 District, Southwest Florida Water Management District,
12 South Florida Water Management District, the former
13 Department of Commerce, the former Department of
14 Health and Rehabilitative Services, Health Program
15 Office, the former Advisory Council on
16 Intergovernmental Relations, or the former Department
17 of Labor and Employment Security; directing the
18 Department of Health and the Department of Education
19 to initiate necessary rulemaking before the effective
20 date of specified rule nullifications; providing an
21 effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Present subsections (2) and (3) of section
26 120.536, Florida Statutes, are renumbered as subsections (3) and
27 (4), respectively, and a new subsection (2) is added to that
28 section to read:
29 120.536 Rulemaking authority; repeal; challenge.—
30 (2) Unless otherwise expressly provided by law:
31 (a) The repeal of one or more provisions of law implemented
32 by a rule that on its face implements only the provision or
33 provisions repealed and no other provision of law nullifies the
34 rule. Whenever notice of the nullification of a rule under this
35 subsection is received from the committee or otherwise, the
36 Department of State shall remove the rule from the Florida
37 Administrative Code as of the effective date of the law
38 effecting the nullification and update the historical notes for
39 the code to show the rule repealed by operation of law.
40 (b) The repeal of one or more provisions of law implemented
41 by a rule that on its face implements the provision or
42 provisions repealed and one or more other provisions of law
43 nullifies the rule or applicable portion of the rule to the
44 extent that it implements the repealed law. The agency having
45 authority to repeal or amend the rule shall, within 180 days
46 after the effective date of the repealing law, publish a notice
47 of rule development identifying all portions of rules affected
48 by the repealing law and if no notice is timely published the
49 operation of each rule implementing a repealed provision of law
50 shall be suspended until such notice is published.
51 (c) The repeal of one or more provisions of law that, other
52 than as provided in paragraph (a) or paragraph (b), causes a
53 rule or portion of a rule to be of uncertain enforceability
54 requires the Department of State to treat the rule as provided
55 by s. 120.555. A rule shall be considered to be of uncertain
56 enforceability under this paragraph if the division notifies the
57 Department of State that a rule or a portion of the rule has
58 been invalidated in a division proceeding based upon a repeal of
59 law, or the committee gives written notification to the
60 Department of State and the agency having power to amend or
61 repeal the rule that a law has been repealed creating doubt
62 about whether the rule is still in full force and effect.
63 Section 2. Section 120.555, Florida Statutes, is created to
64 read:
65 120.555 Summary removal of published rules no longer in
66 force and effect.—When, as part of the continuous revision
67 system authorized in s. 120.55(1)(a)1. or as otherwise provided
68 by law, the Department of State is in doubt whether a rule
69 published in the official version of the Florida Administrative
70 Code is still in full force and effect, the procedure in this
71 section shall be employed.
72 (1) The Department of State shall submit to the head of the
73 agency with authority to repeal or amend the rule, if any, or if
74 no such agency can be identified, to the Governor, a written
75 request for a statement as to whether the rule is still in full
76 force and effect. A copy of the request shall be promptly
77 delivered to the committee and to the Attorney General. The
78 Department of State shall publish a notice of the request
79 together with a copy of the request in the Florida
80 Administrative Weekly next available after delivery of the
81 request to the head of the agency or the Governor.
82 (2) No later than 90 days after the date the notice
83 required in subsection (1) is published, the agency or the
84 Governor, notified pursuant to subsection (1), shall file a
85 written response with the Department of State stating whether
86 the rule is in full force and effect and under the jurisdiction
87 of an agency with full authority to amend or repeal the rule.
88 Failure to respond timely under this subsection constitutes an
89 acknowledgement by the agency or the Governor that the rule is
90 no longer in effect and is subject to summary repeal under this
91 section.
92 (3) The Department of State shall publish a notice of the
93 agency’s or Governor’s timely response or the acknowledgement
94 determined under subsection (2) in the Florida Administrative
95 Weekly next available after receipt of the response or the
96 expiration of the response period, whichever occurs first.
97 (4) If the response states that the rule is no longer in
98 effect, or if no response is filed timely with the Department of
99 State, the notice required in subsection (3) shall also give
100 notice of the following:
101 (a) Based on the agency’s or Governor’s written response or
102 the acknowledgement determined under subsection (2), the rule
103 will be repealed summarily pursuant to this section and removed
104 from the Florida Administrative Code.
105 (b) Any objection to the summary repeal under this section
106 must be filed as a petition challenging a proposed rule under s.
107 120.56 and must be filed no later than 21 days after the date
108 the notice is published in the Florida Administrative Weekly.
109 (c) For purposes only of challenging a summary repeal under
110 this section, the agency with current authority to repeal the
111 rule under s. 120.54 shall be named as the respondent in the
112 petition and shall be the proper party in interest. In such
113 circumstances, the Department of State shall not be named as a
114 party in a petition filed under paragraph (b) and this
115 paragraph.
116 (d) If no agency currently has authority to repeal the rule
117 under s. 120.54, the Department of State shall be named as the
118 respondent in a petition filed under paragraph (b) and this
119 paragraph. The Attorney General shall represent the Department
120 of State in all proceedings under this paragraph.
121 (5) Upon the expiration of the 21-day period to file an
122 objection to a notice of summary repeal published pursuant to
123 subsection (4), if no timely objection is filed, or, if a timely
124 objection is filed, on the date a decision finding the rule is
125 no longer in effect becomes final, the Department of State shall
126 update the Florida Administrative Code to remove the rule and
127 shall provide historical notes identifying the manner in which
128 the rule ceased to have effect, including the summary repeal
129 pursuant to this section.
130 Section 3. The following rules of the Northwest Florida
131 Water Management District are nullified and of no further force
132 or effect:
133 (1) Rule 40A-1.1020, Florida Administrative Code, relating
134 to General Procedures for Permit Applications.
135 (2) Rule 40A-1.1030, Florida Administrative Code, relating
136 to Contract Bidding Resolution of Protest.
137 (3) Rule 40A-1.1040, Florida Administrative Code, relating
138 to General Permits.
139 (4) Rule 40A-1.180, Florida Administrative Code, relating
140 to Procedures for Contracting for Professional Services.
141 (5) Rule 40A-1.181, Florida Administrative Code, relating
142 to Contracting Bidding-Reservation of Right.
143 (6) Rule 40A-1.182, Florida Administrative Code, relating
144 to Contracting Bidding-Resolution of Protest.
145 (7) Rule 40A-2.311, Florida Administrative Code, relating
146 to Competing Applications.
147 (8) Rule 40A-3.038, Florida Administrative Code, relating
148 to Violations of Licensing Requirements.
149 (9) Rule 40A-4.061, Florida Administrative Code, relating
150 to Mitigation Banks.
151 (10) Rule 40A-4.143, Florida Administrative Code, relating
152 to Abandonment.
153 (11) Rule 40A-4.461, Florida Administrative Code, relating
154 to Inspection.
155 (12) Rule 40A-4.471, Florida Administrative Code, relating
156 to Abatement.
157 (13) Rule 40A-6.461, Florida Administrative Code, relating
158 to Inspections.
159 (14) Rule 40A-6.491, Florida Administrative Code, relating
160 to Unlawful Use.
161 (15) Rule 40A-44.143, Florida Administrative Code, relating
162 to Abandonment.
163 Section 4. The following rules of the Suwannee River Water
164 Management District are nullified and of no further force or
165 effect:
166 (1) Rule 40B-1.100, Florida Administrative Code, relating
167 to Uniform Rules of Procedure and Statement of District
168 Organization and Operation.
169 (2) Rule 40B-1.510, Florida Administrative Code, relating
170 to District Investigations and Probable Cause Determinations.
171 (3) Rule 40B-1.702, Florida Administrative Code, relating
172 to Permits Required.
173 (4) Rule 40B-1.705, Florida Administrative Code, relating
174 to Complaints.
175 (5) Rule 40B-1.801, Florida Administrative Code, relating
176 to General provisions pertaining to procurement.
177 (6) Rule 40B-1.802, Florida Administrative Code, relating
178 to Definitions.
179 (7) Rule 40B-1.804, Florida Administrative Code, relating
180 to Certification and Competitive Selection for Professional
181 Services.
182 (8) Rule 40B-1.805, Florida Administrative Code, relating
183 to Competitive Negotiation.
184 (9) Rule 40B-1.808, Florida Administrative Code, relating
185 to Applicability.
186 (10) Rule 40B-1.810, Florida Administrative Code, relating
187 to Procurement of Commodities or Contractual Services.
188 (11) Rule 40B-1.811, Florida Administrative Code, relating
189 to Prequalified Providers.
190 (12) Rule 40B-1.812, Florida Administrative Code, relating
191 to Contract Bidding – Reservation of Rights.
192 (13) Rule 40B-1.813, Florida Administrative Code, relating
193 to Contract Bidding – Resolution of Protests.
194 (14) Rule 40B-2.025, Florida Administrative Code, relating
195 to Processing of Water Use Permit Applications.
196 (15) Rule 40B-2.201, Florida Administrative Code, relating
197 to Permit Fees.
198 (16) Rule 40B-2.311, Florida Administrative Code, relating
199 to Competing Applications.
200 (17) Rule 40B-2.341, Florida Administrative Code, relating
201 to Revocation of Permits.
202 (18) Rule 40B-2.441, Florida Administrative Code, relating
203 to Temporary Water Use Permits.
204 (19) Rule 40B-2.781, Florida Administrative Code, relating
205 to Enforcement.
206 (20) Rule 40B-3.011, Florida Administrative Code, relating
207 to Policy and Purpose.
208 (21) Rule 40B-3.031, Florida Administrative Code, relating
209 to Implementation.
210 (22) Rule 40B-3.038, Florida Administrative Code, relating
211 to Violations of Licensing Requirements.
212 (23) Rule 40B-3.039, Florida Administrative Code, relating
213 to Penalties.
214 (24) Rule 40B-3.0391, Florida Administrative Code, relating
215 to Enforcement.
216 (25) Rule 40B-3.0511, Florida Administrative Code, relating
217 to Variances.
218 (26) Rule 40B-3.500, Florida Administrative Code, relating
219 to Scope of Part II.
220 (27) Rule 40B-3.507, Florida Administrative Code, relating
221 to Casing and Liner Pipe Standards.
222 (28) Rule 40B-3.525, Florida Administrative Code, relating
223 to Explosives.
224 (29) Rule 40B-4.1050, Florida Administrative Code, relating
225 to Permit Fees.
226 (30) Rule 40B-5.0021, Florida Administrative Code, relating
227 to Definitions.
228 (31) Rule 40B-5.0051, Florida Administrative Code, relating
229 to Exemptions.
230 (32) Rule 40B-5.0121, Florida Administrative Code, relating
231 to Notice and Hearing Requirements.
232 (33) Rule 40B-5.0201, Florida Administrative Code, relating
233 to Permit Processing Fee.
234 (34) Rule 40B-5.0351, Florida Administrative Code, relating
235 to Transfer of Permits.
236 (35) Rule 40B-5.0751, Florida Administrative Code, relating
237 to Enforcement and Penalties.
238 (36) Rule 40B-5.0901, Florida Administrative Code, relating
239 to Forms and Instructions.
240 (37) Rule 40B-9.045, Florida Administrative Code, relating
241 to Acquisition Procedures-Condemnation.
242 (38) Rule 40B-9.065, Florida Administrative Code, relating
243 to Disclosure of Beneficial Interest.
244 (39) Rule 40B-9.081, Florida Administrative Code, relating
245 to Disposition of Surplus Real Property.
246 (40) Rule 40B-21.031, Florida Administrative Code, relating
247 to Elements of the Plan.
248 (41) Rule 40B-21.291, Florida Administrative Code, relating
249 to Variances.
250 (42) Rule 40B-21.421, Florida Administrative Code, relating
251 to Compliance.
252 (43) Rule 40B-21.511, Florida Administrative Code, relating
253 to General provisions pertaining to classification of water
254 users.
255 Section 5. The following rules of the St. Johns River Water
256 Management District are nullified and of no further force or
257 effect:
258 (1) Rule 40C-2.441, Florida Administrative Code, relating
259 to Temporary Permits.
260 (2) Rule 40C-3.038, Florida Administrative Code, relating
261 to Violations of Contractor Licensing Requirements.
262 (3) Rule 40C-3.039, Florida Administrative Code, relating
263 to Penalties.
264 (4) Rule 40C-3.040, Florida Administrative Code, relating
265 to Scope of Part I.
266 (5) Rule 40C-3.201, Florida Administrative Code, relating
267 to Permit Processing Fee.
268 (6) Rule 40C-3.321, Florida Administrative Code, relating
269 to Duration of Permits.
270 (7) Rule 40C-3.525, Florida Administrative Code, relating
271 to Explosives.
272 (8) Rule 40C-3.529, Florida Administrative Code, relating
273 to Flowing Wells.
274 (9) Rule 40C-3.532, Florida Administrative Code, relating
275 to Violations of Well Construction Standards.
276 (10) Rule 40C-4.011, Florida Administrative Code, relating
277 to Policy and Purpose.
278 (11) Rule 40C-4.201, Florida Administrative Code, relating
279 to Permit Processing Fee.
280 (12) Rule 40C-4.351, Florida Administrative Code, relating
281 to Transfer of Permits.
282 (13) Rule 40C-4.751, Florida Administrative Code, relating
283 to Enforcement.
284 (14) Rule 40C-9.001, Florida Administrative Code, relating
285 to Purpose.
286 (15) Rule 40C-9.031, Florida Administrative Code, relating
287 to Selection of Lands – Five Year Plan Pursuant to Section
288 373.199, Florida Statutes.
289 (16) Rule 40C-9.045, Florida Administrative Code, relating
290 to Acquisition Procedures – Condemnation.
291 (17) Rule 40C-9.065, Florida Administrative Code, relating
292 to Disclosure of Beneficial Interest.
293 (18) Rule 40C-9.071, Florida Administrative Code, relating
294 to Use of Trust Funds.
295 (19) Rule 40C-9.081, Florida Administrative Code, relating
296 to Disposition of Surplus Land.
297 (20) Rule 40C-9.115, Florida Administrative Code, relating
298 to Land Management Review Team.
299 (21) Rule 40C-9.400, Florida Administrative Code, relating
300 to Individuals Living on District Lands.
301 (22) Rule 40C-21.031, Florida Administrative Code, relating
302 to Elements of the Plan.
303 (23) Rule 40C-24.001, Florida Administrative Code, relating
304 to Policy and Purpose.
305 (24) Rule 40C-24.010, Florida Administrative Code, relating
306 to Definitions.
307 (25) Rule 40C-24.020, Florida Administrative Code, relating
308 to Incentive Program.
309 (26) Rule 40C-24.030, Florida Administrative Code, relating
310 to Incentive Program - Qualifying.
311 (27) Rule 40C-40.011, Florida Administrative Code, relating
312 to Policy and Purpose.
313 (28) Rule 40C-40.021, Florida Administrative Code, relating
314 to Definitions.
315 (29) Rule 40C-40.031, Florida Administrative Code, relating
316 to Implementation.
317 (30) Rule 40C-40.321, Florida Administrative Code, relating
318 to Duration of Permit.
319 (31) Rule 40C-40.381, Florida Administrative Code, relating
320 to Limiting Conditions.
321 (32) Rule 40C-40.900, Florida Administrative Code, relating
322 to Forms and Instructions.
323 (33) Rule 40C-42.071, Florida Administrative Code, relating
324 to Permit Processing Fee.
325 (34) Rule 40C-42.081, Florida Administrative Code, relating
326 to General Provisions.
327 (35) Rule 40C-44.081, Florida Administrative Code, relating
328 to Permit Processing Fee.
329 Section 6. The following rules of the Southwest Florida
330 Water Management District are nullified and of no further force
331 or effect:
332 (1) Rule 40D-1.902, Florida Administrative Code, relating
333 to District Investigations and Probable Cause Determinations.
334 (2) Rule 40D-2.311, Florida Administrative Code, relating
335 to Competing Applications.
336 (3) Rule 40D-2.511, Florida Administrative Code, relating
337 to Declaration of Water Shortage.
338 (4) Rule 40D-3.011, Florida Administrative Code, relating
339 to Policy and Purpose.
340 (5) Rule 40D-3.031, Florida Administrative Code, relating
341 to Implementation.
342 (6) Rule 40D-3.038, Florida Administrative Code, relating
343 to Violations of Contractor Licensing Requirements.
344 (7) Rule 40D-3.201, Florida Administrative Code, relating
345 to Permit Processing Fee.
346 (8) Rule 40D-3.525, Florida Administrative Code, relating
347 to Explosives.
348 (9) Rule 40D-3.529, Florida Administrative Code, relating
349 to Flowing Wells.
350 (10) Rule 40D-4.031, Florida Administrative Code, relating
351 to Implementation, Effective Date and Applicability.
352 (11) Rule 40D-4.054, Florida Administrative Code, relating
353 to Alteration of Exempt Projects.
354 (12) Rule 40D-4.201, Florida Administrative Code, relating
355 to Permit Processing Fee.
356 (13) Rule 40D-4.461, Florida Administrative Code, relating
357 to Inspection.
358 (14) Rule 40D-40.011, Florida Administrative Code, relating
359 to Policy and Purpose.
360 (15) Rule 40D-40.031, Florida Administrative Code, relating
361 to Implementation, Effective Date and Applicability.
362 (16) Rule 40D-400.201, Florida Administrative Code,
363 relating to Policy and Purpose.
364 (17) Rule 40D-9.101, Florida Administrative Code, relating
365 to Recreational Land Use Policy.
366 (18) Rule 40D-9.110, Florida Administrative Code, relating
367 to Scope and Applicability.
368 (19) Rule 40D-9.300, Florida Administrative Code, relating
369 to Trespass After Notice.
370 (20) Rule 40D-9.310, Florida Administrative Code, relating
371 to Penalties.
372 (21) Rule 40D-21.031, Florida Administrative Code, relating
373 to Elements of the Plan.
374 (22) Rule 40D-21.441, Florida Administrative Code, relating
375 to Public Supply Water Shortage Mitigation Plans.
376 Section 7. The following rules of the South Florida Water
377 Management District are nullified and of no further force or
378 effect:
379 (1) Rule 40E-0.103, Florida Administrative Code, relating
380 to Procedures for Processing Permit Applications.
381 (2) Rule 40E-0.105, Florida Administrative Code, relating
382 to Consideration of Intended Agency Decision on Permit
383 Applications.
384 (3) Rule 40E-1.100, Florida Administrative Code, relating
385 to Uniform Rules of Procedure and Statement of District
386 Organization and Operation.
387 (4) Rule 40E-1.1065, Florida Administrative Code, relating
388 to Misuse of Public Position.
389 (5) Rule 40E-1.125, Florida Administrative Code, relating
390 to Public Information and Inspection of Records.
391 (6) Rule 40E-1.200, Florida Administrative Code, relating
392 to Procedures for Agendas and Scheduling of Meetings and
393 Workshops.
394 (7) Rule 40E-1.208, Florida Administrative Code, relating
395 to Procedure for Abstaining from Voting Conflicts of Interest.
396 (8) Rule 40E-1.300, Florida Administrative Code, relating
397 to Rulemaking Procedures.
398 (9) Rule 40E-1.400, Florida Administrative Code, relating
399 to Procedures Regarding Declaratory Statements.
400 (10) Rule 40E-1.500, Florida Administrative Code, relating
401 to Procedures for Proceedings Which Determine Substantial
402 Interests and Associated Mediation.
403 (11) Rule 40E-1.511, Florida Administrative Code, relating
404 to Point of Entry Into Proceedings.
405 (12) Rule 40E-1.520, Florida Administrative Code, relating
406 to Procedures Concerning Formal Proceedings.
407 (13) Rule 40E-1.521, Florida Administrative Code, relating
408 to Initiation of Formal Proceedings.
409 (14) Rule 40E-1.564, Florida Administrative Code, relating
410 to Exceptions to Recommended Order.
411 (15) Rule 40E-1.570, Florida Administrative Code, relating
412 to Procedures Concerning Informal Proceedings.
413 (16) Rule 40E-1.601, Florida Administrative Code, relating
414 to General provisions pertaining to administrative procedures
415 applicable to permitting decisions.
416 (17) Rule 40E-1.608, Florida Administrative Code, relating
417 to Denial of Permits.
418 (18) Rule 40E-1.611, Florida Administrative Code, relating
419 to Emergency Action.
420 (19) Rule 40E-1.6115, Florida Administrative Code, relating
421 to Emergency Authorization.
422 (20) Rule 40E-2.441, Florida Administrative Code, relating
423 to Temporary Permits.
424 (21) Rule 40E-3.010, Florida Administrative Code, relating
425 to Review of Water Well Permit Applications.
426 (22) Rule 40E-3.0511, Florida Administrative Code, relating
427 to Exemptions and Variances for Well Construction Permits.
428 (23) Rule 40E-4.311, Florida Administrative Code, relating
429 to Variances from Specified Review Criteria for Environmental
430 Resource Permits.
431 (24) Rule 40E-7.201, Florida Administrative Code, relating
432 to Policy and Purpose.
433 (25) Rule 40E-7.205, Florida Administrative Code, relating
434 to Competitive Selection for Professional Services.
435 (26) Rule 40E-7.300, Florida Administrative Code, relating
436 to Procedures Concerning Bid Protests of Solicitations or
437 Contract Awards.
438 (27) Rule 40E-7.401, Florida Administrative Code, relating
439 to District Transfer of Funds.
440 (28) Rule 40E-20.141, Florida Administrative Code, relating
441 to Request for Additional Information.
442 (29) Rule 40E-20.341, Florida Administrative Code, relating
443 to Revocation of General Water Use Permits.
444 (30) Rule 40E-20.391, Florida Administrative Code, relating
445 to Publication.
446 (31) Rule 40E-21.031, Florida Administrative Code, relating
447 to Elements of the Plan.
448 (32) Rule 40E-21.132, Florida Administrative Code, relating
449 to Water Use Restrictions.
450 (33) Rule 40E-21.611, Florida Administrative Code, relating
451 to Classification System.
452 (34) Rule 40E-22.082, Florida Administrative Code, relating
453 to Minimum Flows.
454 (35) Rule 40E-22.112, Florida Administrative Code, relating
455 to Permit Classification.
456 (36) Rule 40E-22.132, Florida Administrative Code, relating
457 to Water Shortage Plan.
458 (37) Rule 40E-22.242, Florida Administrative Code, relating
459 to Minimum Flow.
460 (38) Rule 40E-22.252, Florida Administrative Code, relating
461 to Permit Classification.
462 (39) Rule 40E-22.272, Florida Administrative Code, relating
463 to Water Use Restrictions.
464 (40) Rule 40E-23.011, Florida Administrative Code, relating
465 to Policy and Purpose.
466 (41) Rule 40E-23.021, Florida Administrative Code, relating
467 to Definitions.
468 (42) Rule 40E-23.023, Florida Administrative Code, relating
469 to Boundaries.
470 (43) Rule 40E-23.031, Florida Administrative Code, relating
471 to Implementation.
472 (44) Rule 40E-23.043, Florida Administrative Code, relating
473 to Application.
474 (45) Rule 40E-23.053, Florida Administrative Code, relating
475 to Criteria for Designation.
476 (46) Rule 40E-63.201, Florida Administrative Code, relating
477 to Scope.
478 (47) Rule 40E-63.211, Florida Administrative Code, relating
479 to Purpose.
480 (48) Rule 40E-63.212, Florida Administrative Code, relating
481 to Definitions.
482 (49) Rule 40E-63.223, Florida Administrative Code, relating
483 to Model to Quantify Annual Allocation of Replacement Water.
484 (50) Rule 40E-63.225, Florida Administrative Code, relating
485 to Delivery of Average Annual Allocation of Replacement Water.
486 Section 8. The following rules of the former Department of
487 Commerce are nullified and of no further force or effect:
488 (1) Rule 8K-1.001, Florida Administrative Code, relating to
489 Purpose.
490 (2) Rule 8K-1.002, Florida Administrative Code, relating to
491 Authority and Duties.
492 (3) Rule 8K-1.003, Florida Administrative Code, relating to
493 Members, Officers and Employees.
494 (4) Rule 8K-1.004, Florida Administrative Code, relating to
495 Meetings of the Board.
496 (5) Rule 8K-1.005, Florida Administrative Code, relating to
497 Notice of Meeting.
498 (6) Rule 8K-1.006, Florida Administrative Code, relating to
499 Records; Public Information.
500 (7) Rule 8K-1.007, Florida Administrative Code, relating to
501 Business Address and Hours.
502 (8) Rule 8K-1.008, Florida Administrative Code, relating to
503 Seal.
504 (9) Rule 8K-2.001, Florida Administrative Code, relating to
505 Purpose.
506 (10) Rule 8K-2.002, Florida Administrative Code, relating
507 to Definitions.
508 (11) Rule 8K-2.003, Florida Administrative Code, relating
509 to Application Procedure.
510 (12) Rule 8K-2.004, Florida Administrative Code, relating
511 to Board Investments; Type and Conditions.
512 (13) Rule 8K-2.005, Florida Administrative Code, relating
513 to Community Support.
514 (14) Rule 8K-2.006, Florida Administrative Code, relating
515 to Accountability.
516 (15) Rule 8K-2.007, Florida Administrative Code, relating
517 to Misuse of Funds; Penalty; Appeal.
518 (16) Rule 8K-2.008, Florida Administrative Code, relating
519 to Local Impact Projects.
520 (17) Rule 8K-2.009, Florida Administrative Code, relating
521 to Certified Corporations.
522 (18) Rule 8K-2.010, Florida Administrative Code, relating
523 to Investment Agreements.
524 (19) Rule 8M-1.001, Florida Administrative Code, relating
525 to Definitions.
526 (20) Rule 8M-1.002, Florida Administrative Code, relating
527 to Grant Applications.
528 (21) Rule 8M-1.003, Florida Administrative Code, relating
529 to Application Review.
530 (22) Rule 8M-1.004, Florida Administrative Code, relating
531 to Award of Grants.
532 (23) Rule 8M-2.001, Florida Administrative Code, relating
533 to Definitions.
534 (24) Rule 8M-2.002, Florida Administrative Code, relating
535 to Grant Applications.
536 (25) Rule 8M-2.003, Florida Administrative Code, relating
537 to Application Review.
538 (26) Rule 8M-2.004, Florida Administrative Code, relating
539 to Award of Grants.
540 (27) Rule 8M-3.001, Florida Administrative Code, relating
541 to Purpose.
542 (28) Rule 8M-3.002, Florida Administrative Code, relating
543 to Definitions.
544 (29) Rule 8M-3.003, Florida Administrative Code, relating
545 to Applications for Consideration.
546 (30) Rule 8M-3.004, Florida Administrative Code, relating
547 to Criteria for the Determination of Grant Award.
548
549 Note.—The rulemaking authority for Rules 8K-1.001
550 through 8K-1.008 and 8K-2.001 through 8K-2.010 was
551 abolished by section 3, chapter 2002-180, Laws of
552 Florida. No agency appears to have clear authority to
553 repeal such rules.
554
555 Note.—Rules 8K-1.001 and 8K-1.002 implemented ss.
556 288.707, 288.709, and 288.7091, Florida Statutes,
557 which were repealed by section 487, chapter 2011-142,
558 Laws of Florida, leaving the rules out of conformity
559 with the law to be implemented.
560
561 Note.—Rules 8K-1.003, 8K-1.004, 8K-1.005, 8K-1.006,
562 and 8K-1.007 implemented s. 288.707, F.S., which was
563 repealed by section 487, chapter 2011-142, Laws of
564 Florida, leaving the rules out of conformity with the
565 law to be implemented.
566
567 Note.—Rule 8K-1.008 implemented s. 288.709(2), Florida
568 Statutes, which was repealed by section 487, chapter
569 2011-142, Laws of Florida, leaving the rule out of
570 conformity with the law to be implemented.
571
572 Note.—Rules 8K-2.001, 8K-2.006, and 8K-2.007
573 implemented s. 288.711, Florida Statutes, which was
574 repealed by section 24, chapter 2007-157, Laws of
575 Florida, leaving the rules out of conformity with the
576 law to be implemented.
577
578 Note.—Rule 8K-2.002 implemented s. 288.707, Florida
579 Statutes, which was repealed by section 487, chapter
580 2011-142, Laws of Florida, and s. 288.711, Florida
581 Statutes, which was repealed by section 24, chapter
582 2007-157, Laws of Florida, leaving the rule out of
583 conformity with the laws to be implemented.
584
585 Note.—Rules 8K-2.003, 8K-2.004, 8K-2,009, and 8K-2.010
586 implemented ss. 288.71 and 288.711, Florida Statutes,
587 which were repealed by section 24, chapter 2007-157,
588 Laws of Florida, and s. 288.7091, Florida Statutes,
589 which was repealed by section 487, chapter 2011-142,
590 Laws of Florida, leaving the rules out of conformity
591 with the laws to be implemented.
592
593 Note.—Rules 8K-2.005 and 8K-2.008 implemented ss.
594 288.71 and 288.711, Florida Statutes, which were
595 repealed by section 24, chapter 2007-157, Laws of
596 Florida, leaving the rules out of conformity with the
597 laws to be implemented.
598
599 Note.—The rulemaking authority for Rules 8M-1.001
600 through 8M-1.004 and 8M-2.001 through 8M-2.004 was
601 abolished by section 154, chapter 96-320, Laws of
602 Florida. No agency appears to have clear authority to
603 repeal such rules.
604
605 Note.—Rules 8M-1.001 through 8M-1.004 implemented
606 chapters 91-157 and 91-272, Laws of Florida, which
607 were implementing bills for the 1991 General
608 Appropriations Act. When those laws expired July 1,
609 1992, the rules became out of conformity with the laws
610 to be implemented.
611
612 Note.—Rules 8M-2.001 through 8M-2.004 implemented s.
613 288.806, Florida Statutes, which was repealed by
614 section 154, chapter 96-320, Laws of Florida, leaving
615 the rules out of conformity with the laws to be
616 implemented.
617
618 Note.—The rulemaking authority for Rules 8M-3.001, 8M
619 3.002, 8M-3.003, and 8M-3.004 was abolished by section
620 133, chapter 96-320, Laws of Florida. These specific
621 rules implemented s. 311.11, Florida Statutes, which
622 was revised extensively by section 49, chapter 97-278,
623 Laws of Florida, leaving the rules out of conformity
624 with the laws to be implemented. No agency appears to
625 have clear authority to repeal such rules.
626
627 Section 9. (1) Effective July 1, 2013, the following rules
628 of the former Department of Health and Rehabilitative Services,
629 Health Program Office, are nullified and of no further force or
630 effect:
631 (a) Rule 10D-116.001, Florida Administrative Code, relating
632 to Purpose.
633 (b) Rule 10D-116.002, Florida Administrative Code, relating
634 to Definitions.
635 (c) Rule 10D-116.003, Florida Administrative Code, relating
636 to Department Responsibilities.
637 (d) Rule 10D-116.004, subsections (1), (2), and (3),
638 Florida Administrative Code, relating to Provider Hospital
639 Responsibilities.
640 (e) Rule 10D-116.005, Florida Administrative Code, relating
641 to Practice Parameters.
642 (f) Rule 10D-116.006, subsections (1), (2), and (3),
643 Florida Administrative Code, relating to Functions of Peer
644 Review Boards.
645 (2) Before the effective date of this section, the
646 Department of Health shall initiate rulemaking to readopt or
647 revise those portions of the rules which are necessary to
648 implement the affected statutes.
649
650 Note.—The rules in this section were adopted by the
651 former Department of Health and Rehabilitative
652 Services before the Type Two Transfer of
653 responsibility for public health matters to the
654 Department of Health by section 6, chapter 96-403,
655 Laws of Florida. Rules 10D-116.001, 10D-116.002, 10D
656 116.003, 10D-116.004, 10D-116.005, 10D-116.006, and
657 10D-116.007 implemented s. 383.336, Florida Statutes,
658 amended by section 77, chapter 99-8, Laws of Florida,
659 to authorize rulemaking by the Department of Health.
660 The abolition of responsibility for public health
661 matters in the former Department of Health and
662 Rehabilitative Services creates uncertainty about the
663 continued validity of these rules. Therefore, the
664 Department of Health should readopt or revise those
665 portions of the rules which remain necessary to
666 implement the agency’s statutory authority.
667
668 Note.—Rules 10D-116.001, 10D-116.002(4), 10D
669 116.002(5), 10D-116.002(6), 10D-116.003, and 10D
670 116.004 reiterate or paraphrase provisions of s.
671 383.336, Florida Statutes, and do not conform with the
672 requirements of ss. 120.536(1) and 120.545(1)(c),
673 Florida Statutes.
674
675 Note.—Rules 10D-116.002(2) and 10D-116.004(3)
676 interpret s. 383.336, Florida Statutes, with
677 references to the former Department of Health and
678 Rehabilitative Services or repealed statutes and do
679 not conform with the specific law to be implemented.
680
681 Section 10. The following rules of the former Department of
682 Health and Rehabilitative Services, Health Program Office, are
683 nullified and of no further force or effect:
684 (1) Rule 10D-116.004, subsection (4), Florida
685 Administrative Code, relating to Provider Hospital
686 Responsibilities, directing the making of reports to the Agency
687 for Health Care Administration.
688 (2) Rule 10D-116.006, subsection (4), Florida
689 Administrative Code, relating to Functions of Peer Review
690 Boards, stating the results of a review will not serve as
691 evidence in certain proceedings.
692 (3) Rule 10D-116.007, Florida Administrative Code,
693 assigning certain responsibilities to Agency for Health Care
694 Administration.
695
696 Note.—Rules 10D-116.004(4), 10D-116.006(4), and 10D
697 116.007 exceed the authority delegated in the specific
698 law to be implemented.
699
700 Section 11. (1) Effective July 1, 2013, the following rules
701 of the former Department of Health and Rehabilitative Services,
702 Health Program Office, are nullified and of no further force or
703 effect:
704 (a) Rule 10D-124.003, Florida Administrative Code, relating
705 to Payment of Scholarship Funds.
706 (b) Rule 10D-124.004, Florida Administrative Code, relating
707 to Placement of Nursing Scholars.
708 (2) Before the effective date of this section, the
709 Department of Health shall initiate rulemaking to readopt or
710 revise those portions of the rules which are necessary to
711 implement the affected statutes.
712
713 Note.—The rules in this section were adopted by the
714 former Department of Health and Rehabilitative
715 Services before the Type Two Transfer of
716 responsibility for public health matters to the
717 Department of Health by section 6, chapter 96-403,
718 Laws of Florida. The abolition of responsibility for
719 public health matters in the former Department of
720 Health and Rehabilitative Services raises a question
721 about the continued validity of these rules. Rules
722 10D-124.003 and 10D-124.004 implemented s. 240.4028,
723 Florida Statutes, which was repealed by section 1058,
724 chapter 2002-387, Laws of Florida. Therefore, the
725 Department of Health should readopt or revise those
726 portions of the rules which remain necessary to
727 implement the agency’s statutory authority.
728
729 Section 12. The following rules of the former Advisory
730 Council on Intergovernmental Relations are nullified and of no
731 further force or effect:
732 (1) Rule 37-1.001, Florida Administrative Code, relating to
733 General Authority.
734 (2) Rule 37-1.002, Florida Administrative Code, relating to
735 Composition of the Council.
736 (3) Rule 37-1.003, Florida Administrative Code, relating to
737 Council Officers.
738 (4) Rule 37-1.004, Florida Administrative Code, relating to
739 General Description of Council Organization and Operations.
740 (5) Rule 37-1.005, Florida Administrative Code, relating to
741 Council Functions and Duties.
742 (6) Rule 37-1.006, Florida Administrative Code, relating to
743 Council Recommendations.
744 (7) Rule 37-1.007, Florida Administrative Code, relating to
745 General Information Concerning Council, Its Record and
746 Proceedings.
747 (8) Rule 37-2.001, Florida Administrative Code, relating to
748 Notice of Meeting.
749 (9) Rule 37-2.002, Florida Administrative Code, relating to
750 Scheduling of Meetings.
751 (10) Rule 37-2.003, Florida Administrative Code, relating
752 to Meetings, Hearings; Intergovernmental Cooperation.
753 (11) Rule 37-2.004, Florida Administrative Code, relating
754 to Agenda of Meetings and Workshops.
755 (12) Rule 37-2.005, Florida Administrative Code, relating
756 to Emergency Meetings.
757 (13) Rule 37-2.006, Florida Administrative Code, relating
758 to Model Rules Application.
759 (14) Rule 37-3.001, Florida Administrative Code, relating
760 to Commencement of Proceeding.
761 (15) Rule 37-3.002, Florida Administrative Code, relating
762 to Notice of Proceeding, and the Proposed Rules.
763 (16) Rule 37-3.003, Florida Administrative Code, relating
764 to Petitions to Initiate Rule Making Proceedings.
765 (17) Rule 37-3.004 Florida Administrative Code, relating to
766 Agency Action on Petitions to Initiate Rule Making Proceedings.
767 (18) Rule 37-3.005, Florida Administrative Code, relating
768 to Rule Making Proceeding – Hearing.
769 (19) Rule 37-3.006, Florida Administrative Code, relating
770 to Description of Publication by Reference.
771 (20) Rule 37-3.007, Florida Administrative Code, relating
772 to Emergency Rule Hearing.
773 (21) Rule 37-3.008, Florida Administrative Code, relating
774 to Model Rules Application.
775 (22) Rule 37-4.001, Florida Administrative Code, relating
776 to General provisions pertaining to petition for declaratory
777 statement.
778 (23) Rule 37-4.002, Florida Administrative Code, relating
779 to Purpose and Use of Declaratory Statement.
780 (24) Rule 37-4.003, Florida Administrative Code, relating
781 to Council Disposition.
782 (25) Rule 37-5.001, Florida Administrative Code, relating
783 to Members Present Shall Vote.
784 (26) Rule 37-5.002, Florida Administrative Code, relating
785 to Quorum; Majority Action.
786 (27) Rule 37-5.003, Florida Administrative Code, relating
787 to Voting.
788 (28) Rule 37-5.004, Florida Administrative Code, relating
789 to Change of Vote.
790 (29) Rule 37-5.005, Florida Administrative Code, relating
791 to Casting Vote for Another.
792 (30) Rule 37-5.006, Florida Administrative Code, relating
793 to Explanation of Vote.
794 (31) Rule 37-5.007, Florida Administrative Code, relating
795 to Motions; How Made, Withdrawn.
796 (32) Rule 37-5.008, Florida Administrative Code, relating
797 to Motions; Precedence.
798 (33) Rule 37-5.009, Florida Administrative Code, relating
799 to Order of Questions.
800 (34) Rule 37-5.010, Florida Administrative Code, relating
801 to Motions; Disposition.
802 (35) Rule 37-5.011, Florida Administrative Code, relating
803 to Reconsideration: Generally.
804 (36) Rule 37-5.012, Florida Administrative Code, relating
805 to Motion to Lay on Table.
806 (37) Rule 37-5.013, Florida Administrative Code, relating
807 to Amendments; Manner of Consideration.
808 (38) Rule 37-5.014, Florida Administrative Code, relating
809 to Amendments; Adoption.
810 (39) Rule 37-5.015, Florida Administrative Code, relating
811 to Sequence of Amendments to Amendments.
812 (40) Rule 37-6.001, Florida Administrative Code, relating
813 to Interpretation of Rules.
814 (41) Rule 37-6.002, Florida Administrative Code, relating
815 to Waiver and Suspension of Rules.
816 (42) Rule 37-6.003, Florida Administrative Code, relating
817 to General provisions pertaining to construction of rules.
818
819 Note.—The rules in this section, comprising Title 37
820 of the Florida Administrative Code, were adopted by
821 the former Advisory Council on Intergovernmental
822 Relations, which was abolished by section 9, chapter
823 96-311, Laws of Florida. The rulemaking authority for
824 the above rules was abolished by section 9, chapter
825 96-311, Laws of Florida. The above rules variously
826 implemented ss. 120.53 and 120.54, Florida Statutes,
827 which were extensively revised by sections 9 and 10,
828 chapter 96-159, Laws of Florida, eliminating certain
829 provisions implemented by such rules, and ss. 163.703,
830 163.704, 163.705, 163.7055, 163.706, 163.707, and
831 163.708, Florida Statutes, which were repealed by
832 section 9, chapter 96-311, Laws of Florida. The
833 substance of these statutes was reenacted as s. 11.70,
834 Florida Statutes, by section 1, chapter 96-311, Laws
835 of Florida, which was repealed by section 3, chapter
836 2011-34, Laws of Florida, leaving the rules out of
837 conformity with the law to be implemented. No agency
838 appears to have clear authority to repeal such rules.
839
840 Section 13. The following rules of the former Department of
841 Labor and Employment Security are nullified and of no further
842 force or effect:
843 (1) Rule 38I-40.002, Florida Administrative Code, relating
844 to Definitions.
845 (2) Rule 38I-40.003, Florida Administrative Code, relating
846 to Identification of State-Owned Buildings and the Building
847 Asbestos Contact Person for Each Building.
848 (3) Rule 38I-40.004, Florida Administrative Code, relating
849 to Review and Approval of Building Asbestos Surveys Completed
850 Prior to January 1, 1989.
851 (4) Rule 38I-40.005, Florida Administrative Code, relating
852 to Review and Approval of Current Operation and Maintenance
853 Plans Implemented Prior to January 1, 1989.
854 (5) Rule 38I-40.006, Florida Administrative Code, relating
855 to Collection of Information Concerning Completed Asbestos
856 Abatement Work.
857 (6) Rule 38I-40.007, Florida Administrative Code, relating
858 to Standardization of Asbestos Management Activities.
859 (7) Rule 38I-40.008, Florida Administrative Code, relating
860 to Completion of Asbestos Surveys.
861 (8) Rule 38I-40.009, Florida Administrative Code, relating
862 to Preparation and Implementation of Asbestos Operation and
863 Maintenance Plans.
864 (9) Rule 38I-40.010, Florida Administrative Code, relating
865 to Agency Responsibilities for Management of Asbestos.
866 (10) Rule 38I-40.011, Florida Administrative Code, relating
867 to Building Asbestos Contact Person.
868 (11) Rule 38I-40.012, Florida Administrative Code, relating
869 to Asbestos Oversight Program Team.
870 (12) Rule 38I-40.013, Florida Administrative Code, relating
871 to Regional Asbestos Program Managers.
872 (13) Rule 38I-40.014, Florida Administrative Code, relating
873 to Training Requirements.
874 (14) Rule 38I-40.015, Florida Administrative Code, relating
875 to Safety and Health Requirements.
876 (15) Rule 38I-40.016, Florida Administrative Code, relating
877 to Standard Technical Specifications and Guides.
878
879 Note.—The rulemaking authority for the above rules was
880 abolished by section 35, chapter 2011-213, Laws of
881 Florida. No agency appears to have clear authority to
882 repeal such rules.
883
884 Note.—Rules 38I-40.002 and 38I-40.003 implemented s.
885 255.554, Florida Statutes, which was repealed by
886 section 10, chapter 99-5, Laws of Florida, and ss.
887 255.552 and 255.553, Florida Statutes, which were
888 repealed by section 35, chapter 2011-213, Laws of
889 Florida, leaving the rules out of conformity with the
890 laws to be implemented.
891
892 Note.—Rule 38I-40.004 implemented s. 255.554, Florida
893 Statutes, which was repealed by section 10, chapter
894 99-5, Laws of Florida, and ss. 255.552, 255.553, and
895 255.556, Florida Statutes, which were repealed by
896 section 35, chapter 2011-213, Laws of Florida, leaving
897 the rule out of conformity with the laws to be
898 implemented.
899
900 Note.—Rules 38I-40.005, 38I-40.008, and 38I-40.009
901 implemented ss. 255.552 and 255.557, Florida Statutes,
902 which were repealed by section 35, chapter 2011-213,
903 Laws of Florida, leaving the rules out of conformity
904 with the laws to be implemented.
905
906 Note.—Rule 38I-40.006 implemented s. 255.552, Florida
907 Statutes, which was repealed by section 35, chapter
908 2011-213, Laws of Florida, leaving the rule out of
909 conformity with the law to be implemented.
910
911 Note.—Rules 38I-40.007 and 38I-40.010 implemented ss.
912 255.552, 255.553, 255.555, 255.556, and 255.557,
913 Florida Statutes, which were repealed by section 35,
914 chapter 2011-213, Laws of Florida, leaving the rules
915 out of conformity with the laws to be implemented.
916
917 Note.—Rule 38I-40.011 implemented s. 255.554, Florida
918 Statutes, which was repealed by section 10, chapter
919 99-5, Laws of Florida, and ss. 255.552, 255.553,
920 255.555, and 255.557, Florida Statutes, which were
921 repealed by section 35, chapter 2011-213, Laws of
922 Florida, leaving the rule out of conformity with the
923 laws to be implemented.
924
925 Note.—Rule 38I-40.012 implemented s. 255.565, Florida
926 Statutes, which was repealed by section 15, chapter
927 2001-89, Laws of Florida, leaving the rule out of
928 conformity with the law to be implemented.
929
930 Note.—Rule 38I-40.013 implemented s. 255.554, Florida
931 Statutes, which was repealed by section 10, chapter
932 99-5, Laws of Florida, and ss. 255.552, 255.553,
933 255.557, 255.561, and 255.562, Florida Statutes, which
934 were repealed by section 35, chapter 2011-213, Laws of
935 Florida, leaving the rule out of conformity with the
936 laws to be implemented.
937
938 Note.—Rule 38I-40.014 implemented s. 255.565, Florida
939 Statutes, which was repealed by section 15, chapter
940 2001-89, Laws of Florida, and s. 255.552, Florida
941 Statutes, which was repealed by section 35, chapter
942 2011-213, Laws of Florida, leaving the rule out of
943 conformity with the laws to be implemented.
944
945 Note.—Rule 38I-40.015 implemented s. 255.561, Florida
946 Statutes, which was repealed by section 35, chapter
947 2011-213, Laws of Florida, leaving the rule out of
948 conformity with the law to be implemented.
949
950 Note.—Rule 38I-40.016 implemented ss. 255.552,
951 255.553, 255.557, 255.558, 255.559, 255.56, 255.561,
952 and 255.562, Florida Statutes, which were repealed by
953 section 35, chapter 2011-213, Laws of Florida, leaving
954 the rule out of conformity with the laws to be
955 implemented.
956
957 Section 14. (1) Effective July 1, 2013, the following rules
958 of the former Department of Labor and Employment Security are
959 nullified and of no further force or effect:
960 (a) Rule 38J-1.001, Florida Administrative Code, relating
961 to Recovery From Third Parties.
962 (b) Rule 38J-1.002, Florida Administrative Code, relating
963 to Definitions.
964 (c) Rule 38J-1.003, Florida Administrative Code, relating
965 to Right to Make Informed Choice.
966 (d) Rule 38J-1.004, Florida Administrative Code, relating
967 to Division Services – General.
968 (e) Rule 38J-1.005, Florida Administrative Code, relating
969 to Additional Requirements for Providing Certain Services.
970 (f) Rule 38J-1.006, Florida Administrative Code, relating
971 to Division Decisions and Appeal Procedures.
972 (g) Rule 38J-1.007, Florida Administrative Code, relating
973 to Case Closure due to individual’s actions.
974 (h) Rule 38J-1.008, Florida Administrative Code, relating
975 to Destruction of Records.
976 (i) Rule 38J-1.009, Florida Administrative Code, relating
977 to Forms and Documents.
978 (2) Before the effective date of this section, the
979 Department of Education shall initiate rulemaking to readopt or
980 revise those portions of the rules which are necessary to
981 implement the affected statutes.
982
983 Note.—The rules in this section were adopted by the
984 former Department of Labor and Employment Security,
985 which was abolished by section 69, chapter 2002-194,
986 Laws of Florida. The Division of Vocational
987 Rehabilitation was placed under the Department of
988 Education by section 1, chapter 2002-22, Laws of
989 Florida, without a clear accompanying transfer of
990 these rules, leaving the rules out of conformity with
991 the law to be implemented. While no agency appears to
992 have clear authority to repeal such rules, the laws
993 implemented remain under the jurisdiction of the
994 Department of Education. Therefore, the Department of
995 Education should readopt or revise those portions of
996 the rules which remain necessary to implement the
997 agency’s statutory authority.
998
999 Section 15. Upon this act becoming a law, its enactment and
1000 effective dates shall be noted in the Florida Administrative
1001 Code or the Florida Administrative Weekly or both, as
1002 appropriate with an appropriate notice that the rules listed in
1003 sections 3-14 of this act have been repealed by law. The
1004 administrative rules nullified by this act shall be treated as
1005 repealed for purposes of all future editions of the Florida
1006 Administrative Code. The provisions of sections 3-14 of this act
1007 serve no other purpose and shall not be codified in the Florida
1008 Statutes. This act does not alter rulemaking authority delegated
1009 or withdrawn by previous law.
1010 Section 16. This act shall take effect 60 days after
1011 becoming a law.