Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for SB 718
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: NC/2R          .                                
             04/27/2015 02:14 PM       .                                

       Senator Lee moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (7) of section
    6  120.54, Florida Statutes, is amended, and paragraph (d) is added
    7  to that subsection, to read:
    8         120.54 Rulemaking.—
   10         (c) If the agency does not initiate rulemaking or otherwise
   11  comply with the requested action within 30 days after following
   12  the public hearing provided for in by paragraph (b), if the
   13  agency does not initiate rulemaking or otherwise comply with the
   14  requested action, the agency shall publish in the Florida
   15  Administrative Register a statement of its reasons for not
   16  initiating rulemaking or otherwise complying with the requested
   17  action, and of any changes it will make in the scope or
   18  application of the unadopted rule. The agency shall file the
   19  statement with the committee. The committee shall forward a copy
   20  of the statement to the substantive committee with primary
   21  oversight jurisdiction of the agency in each house of the
   22  Legislature. The committee or the committee with primary
   23  oversight jurisdiction may hold a hearing directed to the
   24  statement of the agency. The committee holding the hearing may
   25  recommend to the Legislature the introduction of legislation
   26  making the rule a statutory standard or limiting or otherwise
   27  modifying the authority of the agency.
   28         (d) If the agency initiates rulemaking after a public
   29  hearing provided for in paragraph (b), the agency shall publish
   30  a notice of rule development within 30 days after the hearing
   31  and file a notice of proposed rule within 180 days after the
   32  notice of rule development unless, before the 180th day, the
   33  agency publishes in the Florida Administrative Register a
   34  statement explaining its reasons for not having filed the
   35  notice. If rulemaking is initiated under this paragraph, the
   36  agency may not rely on the unadopted rule unless the agency
   37  publishes in the Florida Administrative Register a statement
   38  explaining why rulemaking under paragraph (1)(a) is not feasible
   39  or practicable until conclusion of the rulemaking proceeding.
   40         Section 2. Section 120.55, Florida Statutes, is amended to
   41  read:
   42         120.55 Publication.—
   43         (1) The Department of State shall:
   44         (a)1. Through a continuous revision and publication system,
   45  compile and publish electronically, on an Internet website
   46  managed by the department, the “Florida Administrative Code.”
   47  The Florida Administrative Code shall contain all rules adopted
   48  by each agency, citing the grant of rulemaking authority and the
   49  specific law implemented pursuant to which each rule was
   50  adopted, all history notes as authorized in s. 120.545(7),
   51  complete indexes to all rules contained in the code, and any
   52  other material required or authorized by law or deemed useful by
   53  the department. The electronic code shall display each rule
   54  chapter currently in effect in browse mode and allow full text
   55  search of the code and each rule chapter. The department may
   56  contract with a publishing firm for a printed publication;
   57  however, the department shall retain responsibility for the code
   58  as provided in this section. The electronic publication shall be
   59  the official compilation of the administrative rules of this
   60  state. The Department of State shall retain the copyright over
   61  the Florida Administrative Code.
   62         2. Rules general in form but applicable to only one school
   63  district, community college district, or county, or a part
   64  thereof, or state university rules relating to internal
   65  personnel or business and finance shall not be published in the
   66  Florida Administrative Code. Exclusion from publication in the
   67  Florida Administrative Code shall not affect the validity or
   68  effectiveness of such rules.
   69         3. At the beginning of the section of the code dealing with
   70  an agency that files copies of its rules with the department,
   71  the department shall publish the address and telephone number of
   72  the executive offices of each agency, the manner by which the
   73  agency indexes its rules, a listing of all rules of that agency
   74  excluded from publication in the code, and a statement as to
   75  where those rules may be inspected.
   76         4. Forms shall not be published in the Florida
   77  Administrative Code; but any form which an agency uses in its
   78  dealings with the public, along with any accompanying
   79  instructions, shall be filed with the committee before it is
   80  used. Any form or instruction which meets the definition of
   81  “rule” provided in s. 120.52 shall be incorporated by reference
   82  into the appropriate rule. The reference shall specifically
   83  state that the form is being incorporated by reference and shall
   84  include the number, title, and effective date of the form and an
   85  explanation of how the form may be obtained. Each form created
   86  by an agency which is incorporated by reference in a rule notice
   87  of which is given under s. 120.54(3)(a) after December 31, 2007,
   88  must clearly display the number, title, and effective date of
   89  the form and the number of the rule in which the form is
   90  incorporated.
   91         5. The department shall allow adopted rules and material
   92  incorporated by reference to be filed in electronic form as
   93  prescribed by department rule. When a rule is filed for adoption
   94  with incorporated material in electronic form, the department’s
   95  publication of the Florida Administrative Code on its Internet
   96  website must contain a hyperlink from the incorporating
   97  reference in the rule directly to that material. The department
   98  may not allow hyperlinks from rules in the Florida
   99  Administrative Code to any material other than that filed with
  100  and maintained by the department, but may allow hyperlinks to
  101  incorporated material maintained by the department from the
  102  adopting agency’s website or other sites.
  103         (b) Electronically publish on an Internet website managed
  104  by the department a continuous revision and publication entitled
  105  the “Florida Administrative Register,” which shall serve as the
  106  official publication and must contain:
  107         1. All notices required by s. 120.54(2) and (3)(a)
  108  120.54(3)(a), showing the text of all rules proposed for
  109  consideration.
  110         2. All notices of public meetings, hearings, and workshops
  111  conducted in accordance with s. 120.525, including a statement
  112  of the manner in which a copy of the agenda may be obtained.
  113         3. A notice of each request for authorization to amend or
  114  repeal an existing uniform rule or for the adoption of new
  115  uniform rules.
  116         4. Notice of petitions for declaratory statements or
  117  administrative determinations.
  118         5. A summary of each objection to any rule filed by the
  119  Administrative Procedures Committee.
  120         6. A list of rules filed for adoption in the previous 7
  121  days.
  122         7. A list of all rules filed for adoption pending
  123  legislative ratification under s. 120.541(3). A rule shall be
  124  taken off the list once notice of ratification or withdrawal of
  125  such rule is received.
  126         8.6. Any other material required or authorized by law or
  127  deemed useful by the department.
  129  The department may contract with a publishing firm for a printed
  130  publication of the Florida Administrative Register and make
  131  copies available on an annual subscription basis.
  132         (c) Prescribe by rule the style and form required for
  133  rules, notices, and other materials submitted for filing.
  134         (d) Charge each agency using the Florida Administrative
  135  Register a space rate to cover the costs related to the Florida
  136  Administrative Register and the Florida Administrative Code.
  137         (e) Maintain a permanent record of all notices published in
  138  the Florida Administrative Register.
  139         (2) The Florida Administrative Register Internet website
  140  must allow users to:
  141         (a) Search for notices by type, publication date, rule
  142  number, word, subject, and agency.
  143         (b) Search a database that makes available all notices
  144  published on the website for a period of at least 5 years.
  145         (c) Subscribe to an automated e-mail notification of
  146  selected notices to be sent out before or concurrently with
  147  publication of the electronic Florida Administrative Register.
  148  Such notification must include in the text of the e-mail a
  149  summary of the content of each notice.
  150         (d) View agency forms and other materials submitted to the
  151  department in electronic form and incorporated by reference in
  152  proposed rules.
  153         (e) Comment on proposed rules.
  154         (3) Publication of material required by paragraph (1)(b) on
  155  the Florida Administrative Register Internet website does not
  156  preclude publication of such material on an agency’s website or
  157  by other means.
  158         (4) Each agency shall provide copies of its rules upon
  159  request, with citations to the grant of rulemaking authority and
  160  the specific law implemented for each rule.
  161         (5) Each agency that provides an e-mail notification
  162  service to inform licensees or other registered recipients of
  163  notices shall use that service to notify recipients of each
  164  notice required under s. 120.54(2) and (3) and provide Internet
  165  links to the appropriate rule page on the Secretary of State’s
  166  website or Internet links to an agency website that contains the
  167  proposed rule or final rule.
  168         (6)(5) Any publication of a proposed rule promulgated by an
  169  agency, whether published in the Florida Administrative Register
  170  or elsewhere, shall include, along with the rule, the name of
  171  the person or persons originating such rule, the name of the
  172  agency head who approved the rule, and the date upon which the
  173  rule was approved.
  174         (7)(6) Access to the Florida Administrative Register
  175  Internet website and its contents, including the e-mail
  176  notification service, shall be free for the public.
  177         (8)(7)(a) All fees and moneys collected by the Department
  178  of State under this chapter shall be deposited in the Records
  179  Management Trust Fund for the purpose of paying for costs
  180  incurred by the department in carrying out this chapter.
  181         (b) The unencumbered balance in the Records Management
  182  Trust Fund for fees collected pursuant to this chapter may not
  183  exceed $300,000 at the beginning of each fiscal year, and any
  184  excess shall be transferred to the General Revenue Fund.
  185         (9) The failure to follow the provisions of this section
  186  may not be raised in a proceeding challenging the validity of a
  187  rule pursuant to s. 120.52(8)(a).
  188         Section 3. Subsection (1), paragraph (a) of subsection (2),
  189  and subsection (4) of section 120.56, Florida Statutes, are
  190  amended to read:
  191         120.56 Challenges to rules.—
  194         (a) Any person substantially affected by a rule or a
  195  proposed rule may seek an administrative determination of the
  196  invalidity of the rule on the ground that the rule is an invalid
  197  exercise of delegated legislative authority.
  198         (b) The petition challenging the validity of a proposed or
  199  adopted rule under this section seeking an administrative
  200  determination must state: with particularity
  201         1. The particular provisions alleged to be invalid and a
  202  statement with sufficient explanation of the facts or grounds
  203  for the alleged invalidity. and
  204         2. Facts sufficient to show that the petitioner person
  205  challenging a rule is substantially affected by the challenged
  206  adopted rule it, or that the person challenging a proposed rule
  207  would be substantially affected by the proposed rule it.
  208         (c) The petition shall be filed by electronic means with
  209  the division which shall, immediately upon filing, forward by
  210  electronic means copies to the agency whose rule is challenged,
  211  the Department of State, and the committee. Within 10 days after
  212  receiving the petition, the division director shall, if the
  213  petition complies with the requirements of paragraph (b), assign
  214  an administrative law judge who shall conduct a hearing within
  215  30 days thereafter, unless the petition is withdrawn or a
  216  continuance is granted by agreement of the parties or for good
  217  cause shown. Evidence of good cause includes, but is not limited
  218  to, written notice of an agency’s decision to modify or withdraw
  219  the proposed rule or a written notice from the chair of the
  220  committee stating that the committee will consider an objection
  221  to the rule at its next scheduled meeting. The failure of an
  222  agency to follow the applicable rulemaking procedures or
  223  requirements set forth in this chapter shall be presumed to be
  224  material; however, the agency may rebut this presumption by
  225  showing that the substantial interests of the petitioner and the
  226  fairness of the proceedings have not been impaired.
  227         (d) Within 30 days after the hearing, the administrative
  228  law judge shall render a decision and state the reasons therefor
  229  in writing. The division shall forthwith transmit by electronic
  230  means copies of the administrative law judge’s decision to the
  231  agency, the Department of State, and the committee.
  232         (e) Hearings held under this section shall be de novo in
  233  nature. The standard of proof shall be the preponderance of the
  234  evidence. Hearings shall be conducted in the same manner as
  235  provided by ss. 120.569 and 120.57, except that the
  236  administrative law judge’s order shall be final agency action.
  237  The petitioner and the agency whose rule is challenged shall be
  238  adverse parties. Other substantially affected persons may join
  239  the proceedings as intervenors on appropriate terms which shall
  240  not unduly delay the proceedings. Failure to proceed under this
  241  section does shall not constitute failure to exhaust
  242  administrative remedies.
  244         (a) A substantially affected person may seek an
  245  administrative determination of the invalidity of a proposed
  246  rule by filing a petition seeking such a determination with the
  247  division within 21 days after the date of publication of the
  248  notice required by s. 120.54(3)(a); within 10 days after the
  249  final public hearing is held on the proposed rule as provided by
  250  s. 120.54(3)(e)2.; within 20 days after the statement of
  251  estimated regulatory costs or revised statement of estimated
  252  regulatory costs, if applicable, has been prepared and made
  253  available as provided in s. 120.541(1)(d); or within 20 days
  254  after the date of publication of the notice required by s.
  255  120.54(3)(d). The petition must state with particularity the
  256  objections to the proposed rule and the reasons that the
  257  proposed rule is an invalid exercise of delegated legislative
  258  authority. The petitioner has the burden of going forward with
  259  evidence sufficient to support the petition. The agency then has
  260  the burden to prove by a preponderance of the evidence that the
  261  proposed rule is not an invalid exercise of delegated
  262  legislative authority as to the objections raised. A person who
  263  is substantially affected by a change in the proposed rule may
  264  seek a determination of the validity of such change. A person
  265  who is not substantially affected by the proposed rule as
  266  initially noticed, but who is substantially affected by the rule
  267  as a result of a change, may challenge any provision of the
  268  resulting proposed rule and is not limited to challenging the
  269  change to the proposed rule.
  272         (a) Any person substantially affected by an agency
  273  statement that is an unadopted rule may seek an administrative
  274  determination that the statement violates s. 120.54(1)(a). The
  275  petition shall include the text of the statement or a
  276  description of the statement and shall state with particularity
  277  facts sufficient to show that the statement constitutes an
  278  unadopted a rule under s. 120.52 and that the agency has not
  279  adopted the statement by the rulemaking procedure provided by s.
  280  120.54.
  281         (b) The administrative law judge may extend the hearing
  282  date beyond 30 days after assignment of the case for good cause.
  283  Upon notification to the administrative law judge provided
  284  before the final hearing that the agency has published a notice
  285  of rulemaking under s. 120.54(3), such notice shall
  286  automatically operate as a stay of proceedings pending adoption
  287  of the statement as a rule. The administrative law judge may
  288  vacate the stay for good cause shown. A stay of proceedings
  289  pending rulemaking shall remain in effect so long as the agency
  290  is proceeding expeditiously and in good faith to adopt the
  291  statement as a rule.
  292         (c) If a hearing is held and the petitioner proves the
  293  allegations of the petition, the agency shall have the burden of
  294  proving that rulemaking is not feasible or not practicable under
  295  s. 120.54(1)(a).
  296         (d)(c) The administrative law judge may determine whether
  297  all or part of a statement violates s. 120.54(1)(a). The
  298  decision of the administrative law judge shall constitute a
  299  final order. The division shall transmit a copy of the final
  300  order to the Department of State and the committee. The
  301  Department of State shall publish notice of the final order in
  302  the first available issue of the Florida Administrative
  303  Register.
  304         (e)(d) If an administrative law judge enters a final order
  305  that all or part of an unadopted rule agency statement violates
  306  s. 120.54(1)(a), the agency must immediately discontinue all
  307  reliance upon the unadopted rule statement or any substantially
  308  similar statement as a basis for agency action.
  309         (f)(e) If proposed rules addressing the challenged
  310  unadopted rule statement are determined to be an invalid
  311  exercise of delegated legislative authority as defined in s.
  312  120.52(8)(b)-(f), the agency must immediately discontinue
  313  reliance upon on the unadopted rule statement and any
  314  substantially similar statement until rules addressing the
  315  subject are properly adopted, and the administrative law judge
  316  shall enter a final order to that effect.
  317         (g)(f) All proceedings to determine a violation of s.
  318  120.54(1)(a) shall be brought pursuant to this subsection. A
  319  proceeding pursuant to this subsection may be consolidated with
  320  a proceeding under subsection (3) or under any other section of
  321  this chapter. This paragraph does not prevent a party whose
  322  substantial interests have been determined by an agency action
  323  from bringing a proceeding pursuant to s. 120.57(1)(e).
  324         Section 4. Paragraphs (e) and (h) of subsection (1) and
  325  subsection (2) of section 120.57, Florida Statutes, are amended
  326  to read:
  327         120.57 Additional procedures for particular cases.—
  330         (e)1. An agency or an administrative law judge may not base
  331  agency action that determines the substantial interests of a
  332  party on an unadopted rule or a rule that is an invalid exercise
  333  of delegated legislative authority. The administrative law judge
  334  shall determine whether an agency statement constitutes an
  335  unadopted rule. This subparagraph does not preclude application
  336  of valid adopted rules and applicable provisions of law to the
  337  facts.
  338         2. In a matter initiated as a result of agency action
  339  proposing to determine the substantial interests of a party, the
  340  party’s timely petition for hearing may challenge the proposed
  341  agency action based on a rule that is an invalid exercise of
  342  delegated legislative authority or based on an alleged unadopted
  343  rule. For challenges brought under this subparagraph:
  344         a. The challenge may be pled as a defense using the
  345  procedures set forth in s. 120.56(1)(b).
  346         b. Section 120.56(3)(a) applies to a challenge alleging
  347  that a rule is an invalid exercise of delegated legislative
  348  authority.
  349         c. Section 120.56(4)(c) applies to a challenge alleging an
  350  unadopted rule.
  351         d. This subparagraph does not preclude the consolidation of
  352  any proceeding under s. 120.56 with any proceeding under this
  353  paragraph.
  354         3.2. Notwithstanding subparagraph 1., if an agency
  355  demonstrates that the statute being implemented directs it to
  356  adopt rules, that the agency has not had time to adopt those
  357  rules because the requirement was so recently enacted, and that
  358  the agency has initiated rulemaking and is proceeding
  359  expeditiously and in good faith to adopt the required rules,
  360  then the agency’s action may be based upon those unadopted rules
  361  if, subject to de novo review by the administrative law judge
  362  determines that rulemaking is neither feasible nor practicable
  363  and the unadopted rules would not constitute an invalid exercise
  364  of delegated legislative authority if adopted as rules. An
  365  unadopted rule The agency action shall not be presumed valid or
  366  invalid. The agency must demonstrate that the unadopted rule:
  367         a. Is within the powers, functions, and duties delegated by
  368  the Legislature or, if the agency is operating pursuant to
  369  authority vested in the agency by derived from the State
  370  Constitution, is within that authority;
  371         b. Does not enlarge, modify, or contravene the specific
  372  provisions of law implemented;
  373         c. Is not vague, establishes adequate standards for agency
  374  decisions, or does not vest unbridled discretion in the agency;
  375         d. Is not arbitrary or capricious. A rule is arbitrary if
  376  it is not supported by logic or the necessary facts; a rule is
  377  capricious if it is adopted without thought or reason or is
  378  irrational;
  379         e. Is not being applied to the substantially affected party
  380  without due notice; and
  381         f. Does not impose excessive regulatory costs on the
  382  regulated person, county, or city.
  383         4.3. The recommended and final orders in any proceeding
  384  shall be governed by the provisions of paragraphs (k) and (l),
  385  except that the administrative law judge’s determination
  386  regarding an unadopted rule or a rule challenged as an invalid
  387  exercise of delegated legislative authority under subparagraph
  388  1. or subparagraph 2. shall be included as a conclusion of law
  389  that the agency may not reject not be rejected by the agency
  390  unless the agency first determines from a review of the complete
  391  record, and states with particularity in the order, that such
  392  determination is clearly erroneous or does not comply with
  393  essential requirements of law. In any proceeding for review
  394  under s. 120.68, if the court finds that the agency’s rejection
  395  of the determination regarding the unadopted rule does not
  396  comport with the provisions of this subparagraph, the agency
  397  action shall be set aside and the court shall award to the
  398  prevailing party the reasonable costs and a reasonable
  399  attorney’s fee for the initial proceeding and the proceeding for
  400  review.
  401         5. A petitioner may pursue a separate, collateral challenge
  402  under s. 120.56 even if an adequate remedy exists through a
  403  proceeding under this section. The administrative law judge may
  404  consolidate the proceedings.
  405         (h) Any party to a proceeding in which an administrative
  406  law judge of the Division of Administrative Hearings has final
  407  order authority may move for a summary final order when there is
  408  no genuine issue as to any material fact. A summary final order
  409  shall be rendered if the administrative law judge determines
  410  from the pleadings, depositions, answers to interrogatories, and
  411  admissions on file, together with affidavits, if any, that no
  412  genuine issue as to any material fact exists and that the moving
  413  party is entitled as a matter of law to the entry of a final
  414  order. A summary final order shall consist of findings of fact,
  415  if any, conclusions of law, a disposition or penalty, if
  416  applicable, and any other information required by law to be
  417  contained in the final order.
  420  subsection (1) does not apply:
  421         (a) The agency shall:
  422         1. Give reasonable notice to affected persons of the action
  423  of the agency, whether proposed or already taken, or of its
  424  decision to refuse action, together with a summary of the
  425  factual, legal, and policy grounds therefor.
  426         2. Give parties or their counsel the option, at a
  427  convenient time and place, to present to the agency or hearing
  428  officer written or oral evidence in opposition to the action of
  429  the agency or to its refusal to act, or a written statement
  430  challenging the grounds upon which the agency has chosen to
  431  justify its action or inaction.
  432         3. If the objections of the parties are overruled, provide
  433  a written explanation within 7 days.
  434         (b) An agency may not base agency action that determines
  435  the substantial interests of a party on an unadopted rule or a
  436  rule that is an invalid exercise of delegated legislative
  437  authority.
  438         (c)(b) The record shall only consist of:
  439         1. The notice and summary of grounds.
  440         2. Evidence received.
  441         3. All written statements submitted.
  442         4. Any decision overruling objections.
  443         5. All matters placed on the record after an ex parte
  444  communication.
  445         6. The official transcript.
  446         7. Any decision, opinion, order, or report by the presiding
  447  officer.
  448         Section 5. Subsections (1), (2), and (9) of section 120.68,
  449  Florida Statutes, are amended to read:
  450         120.68 Judicial review.—
  451         (1)(a) A party who is adversely affected by final agency
  452  action is entitled to judicial review.
  453         (b) A preliminary, procedural, or intermediate order of the
  454  agency or of an administrative law judge of the Division of
  455  Administrative Hearings is immediately reviewable if review of
  456  the final agency decision would not provide an adequate remedy.
  457         (2)(a) Judicial review shall be sought in the appellate
  458  district where the agency maintains its headquarters or where a
  459  party resides or as otherwise provided by law.
  460         (b) All proceedings shall be instituted by filing a notice
  461  of appeal or petition for review in accordance with the Florida
  462  Rules of Appellate Procedure within 30 days after the date that
  463  rendition of the order being appealed is filed with the agency
  464  clerk. If a party receives notice of the filing of the order
  465  later than the 25th day after the filing of the order with the
  466  agency clerk, the time by which the party must file a notice of
  467  appeal or petition for review is extended for 10 days after the
  468  date that the party received the notice of the filing of the
  469  order. If the appeal is of an order rendered in a proceeding
  470  initiated under s. 120.56, the agency whose rule is being
  471  challenged shall transmit a copy of the notice of appeal to the
  472  committee.
  473         (c)(b) When proceedings under this chapter are consolidated
  474  for final hearing and the parties to the consolidated proceeding
  475  seek review of final or interlocutory orders in more than one
  476  district court of appeal, the courts of appeal are authorized to
  477  transfer and consolidate the review proceedings. The court may
  478  transfer such appellate proceedings on its own motion, upon
  479  motion of a party to one of the appellate proceedings, or by
  480  stipulation of the parties to the appellate proceedings. In
  481  determining whether to transfer a proceeding, the court may
  482  consider such factors as the interrelationship of the parties
  483  and the proceedings, the desirability of avoiding inconsistent
  484  results in related matters, judicial economy, and the burden on
  485  the parties of reproducing the record for use in multiple
  486  appellate courts.
  487         (9) A No petition challenging an agency rule as an invalid
  488  exercise of delegated legislative authority shall not be
  489  instituted pursuant to this section, except to review an order
  490  entered pursuant to a proceeding under s. 120.56, s.
  491  120.57(1)(e)1., or s. 120.57(2)(b) or an agency’s findings of
  492  immediate danger, necessity, and procedural fairness
  493  prerequisite to the adoption of an emergency rule pursuant to s.
  494  120.54(4), unless the sole issue presented by the petition is
  495  the constitutionality of a rule and there are no disputed issues
  496  of fact.
  497         Section 6. Section 120.695, Florida Statutes, is amended to
  498  read:
  499         120.695 Notice of noncompliance; designation of minor
  500  violation of rules.—
  501         (1) It is the policy of the state that the purpose of
  502  regulation is to protect the public by attaining compliance with
  503  the policies established by the Legislature. Fines and other
  504  penalties may be provided in order to assure compliance;
  505  however, the collection of fines and the imposition of penalties
  506  are intended to be secondary to the primary goal of attaining
  507  compliance with an agency’s rules. It is the intent of the
  508  Legislature that an agency charged with enforcing rules shall
  509  issue a notice of noncompliance as its first response to a minor
  510  violation of a rule in any instance in which it is reasonable to
  511  assume that the violator was unaware of the rule or unclear as
  512  to how to comply with it.
  513         (2)(a) Each agency shall issue a notice of noncompliance as
  514  a first response to a minor violation of a rule. A “notice of
  515  noncompliance” is a notification by the agency charged with
  516  enforcing the rule issued to the person or business subject to
  517  the rule. A notice of noncompliance may not be accompanied with
  518  a fine or other disciplinary penalty. It must identify the
  519  specific rule that is being violated, provide information on how
  520  to comply with the rule, and specify a reasonable time for the
  521  violator to comply with the rule. A rule is agency action that
  522  regulates a business, occupation, or profession, or regulates a
  523  person operating a business, occupation, or profession, and
  524  that, if not complied with, may result in a disciplinary
  525  penalty.
  526         (b) Each agency shall review all of its rules and designate
  527  those for which a violation would be a minor violation and for
  528  which a notice of noncompliance must be the first enforcement
  529  action taken against a person or business subject to regulation.
  530  A violation of a rule is a minor violation if it does not result
  531  in economic or physical harm to a person or adversely affect the
  532  public health, safety, or welfare or create a significant threat
  533  of such harm. If an agency under the direction of a cabinet
  534  officer mails to each licensee a notice of the designated rules
  535  at the time of licensure and at least annually thereafter, the
  536  provisions of paragraph (a) may be exercised at the discretion
  537  of the agency. Such notice shall include a subject-matter index
  538  of the rules and information on how the rules may be obtained.
  539         (c)1. No later than June 30, 2016, and after such date
  540  within 3 months after any request of the rules ombudsman in the
  541  Executive Office of the Governor, The agency’s review and
  542  designation must be completed by December 1, 1995; each agency
  543  shall review under the direction of the Governor shall make a
  544  report to the Governor, and each agency under the joint
  545  direction of the Governor and Cabinet shall report to the
  546  Governor and Cabinet by January 1, 1996, on which of its rules
  547  and certify to the President of the Senate, the Speaker of the
  548  House of Representatives, the committee, and the rules ombudsman
  549  those rules that have been designated as rules the violation of
  550  which would be a minor violation under paragraph (b), consistent
  551  with the legislative intent stated in subsection (1).
  552         2. Beginning July 1, 2016, each agency shall:
  553         a. Publish all rules that the agency has designated as
  554  rules the violation of which would be a minor violation, either
  555  as a complete list on the agency’s website or by incorporation
  556  of the designations in the agency’s disciplinary guidelines
  557  adopted as a rule.
  558         b. Ensure that all investigative and enforcement personnel
  559  are knowledgeable about the agency’s designations under this
  560  section.
  561         3. For each rule filed for adoption, the agency head shall
  562  certify whether any part of the rule is designated as a rule the
  563  violation of which would be a minor violation and shall update
  564  the listing required by sub-subparagraph 2.a.
  565         (d) The Governor or the Governor and Cabinet, as
  566  appropriate pursuant to paragraph (c), may evaluate the review
  567  and designation effects of each agency subject to the direction
  568  and supervision of such authority and may direct apply a
  569  different designation than that applied by such the agency.
  570         (e) Notwithstanding s. 120.52(1)(a), this section does not
  571  apply to:
  572         1. The Department of Corrections;
  573         2. Educational units;
  574         3. The regulation of law enforcement personnel; or
  575         4. The regulation of teachers.
  576         (f) Designation pursuant to this section is not subject to
  577  challenge under this chapter.
  578         Section 7. This act shall take effect July 1, 2015.
  580  ================= T I T L E  A M E N D M E N T ================
  581  And the title is amended as follows:
  582         Delete everything before the enacting clause
  583  and insert:
  584                        A bill to be entitled                      
  585         An act relating to administrative procedures; amending
  586         s. 120.54, F.S.; providing procedures for agencies to
  587         follow when initiating rulemaking after certain public
  588         hearings; limiting reliance upon an unadopted rule in
  589         certain circumstances; amending s. 120.55, F.S.;
  590         providing for publication of notices of rule
  591         development and of rules filed for adoption; providing
  592         for additional notice of rule development, proposals,
  593         and adoptions in the Florida Administrative Register;
  594         requiring certain agencies to provide additional e
  595         mail notifications concerning specified rulemaking and
  596         rule development activities; providing that failure to
  597         follow certain provisions does not constitute grounds
  598         to challenge validity of a rule; amending s. 120.56,
  599         F.S.; clarifying language; amending s. 120.57, F.S.;
  600         conforming proceedings that oppose agency action based
  601         on an invalid or unadopted rule to proceedings used
  602         for challenging rules; authorizing the administrative
  603         law judge to make certain findings on the validity of
  604         certain alleged unadopted rules; prohibiting agencies
  605         from rejecting specific conclusions of law in certain
  606         recommended orders rendered by an administrative law
  607         judge; authorizing a petitioner to file certain
  608         collateral challenges regarding the validity of a
  609         rule; authorizing the administrative law judge to
  610         consolidate proceedings in such rule challenges;
  611         providing that agency action may not be based on an
  612         invalid or unadopted rule; amending s. 120.68, F.S.;
  613         revising mechanism for determining when appeals or
  614         petitions for review must be instituted; authorizing
  615         extensions for filing certain appeals or petitions for
  616         review under certain circumstances; amending s.
  617         120.695, F.S.; removing obsolete provisions with
  618         respect to required agency review and designation of
  619         minor violations; requiring agency review and
  620         certification of minor violation rules by a specified
  621         date; requiring minor violation certification for all
  622         rules adopted after a specified date; requiring public
  623         notice; providing applicability; conforming provisions
  624         to changes made by the act; providing an effective
  625         date.