Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1150
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/16/2016           .                                

       The Committee on Governmental Oversight and Accountability
       (Ring) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (2) through (4) of section 120.536,
    6  Florida Statutes, are renumbered as subsections (3) through (5),
    7  respectively, and a new subsection (2) is added to that section,
    8  to read:
    9         120.536 Rulemaking authority; reauthorization; repeal;
   10  challenge.—
   11         (2)(a)Notwithstanding any other provision of law, and
   12  except as provided in paragraph (g), any new rulemaking
   13  authority is suspended 4 years after the effective date of the
   14  law authorizing rulemaking until reauthorized by general law.
   15  Any rulemaking authority effective on or before July 1, 2016, is
   16  suspended July 1, 2020, until reauthorized by general law.
   17         (b)Unless another date is specified in the law
   18  reauthorizing rulemaking, a reauthorization of rulemaking
   19  authority remains in effect until July 1 of the fourth calendar
   20  year following the year in which the reauthorization occurs,
   21  after which the reauthorization expires and the rulemaking
   22  authority is suspended until again reauthorized by general law.
   23         (c)During the suspension of any rulemaking authority under
   24  this subsection, a rule may be adopted pursuant to such
   25  rulemaking authority but does not take effect unless ratified by
   26  the Legislature. Upon written declaration by the Governor of a
   27  public necessity, suspension of any rulemaking authority may be
   28  delayed for up to 90 days, allowing the Legislature an
   29  opportunity to reauthorize the rulemaking authority. A
   30  declaration of public necessity may be issued only once with
   31  respect to any suspension of rulemaking authority.
   32         (d)Subject to the rules of the Senate and the House of
   33  Representatives, the President of the Senate and the Speaker of
   34  the House of Representatives may appoint a joint committee for
   35  the purposes of overseeing the review of rulemaking authority
   36  pursuant to this subsection. The presiding officers may agree on
   37  a 1-year and a 4-year work plan for review of rulemaking
   38  authority. The joint committee shall report its recommendations
   39  regarding reauthorization of rulemaking authority to the
   40  President of the Senate and the Speaker of the House of
   41  Representatives each year on or before the convening of the
   42  regular session of the Legislature.
   43         (e) An agency may give notice by October 1 of each year to
   44  the Legislature of any agency rulemaking authority that is
   45  subject to suspension within the next two years. Such notice
   46  must be in writing and delivered to the President of the Senate,
   47  the Speaker of the House of the Representatives, and to the
   48  chair and vice chair of any joint committee appointed pursuant
   49  to paragraph (d). Such notice may include recommendations on
   50  reauthorization of, repeal of, or amendment to existing
   51  rulemaking authority. An agency may combine multiple notices for
   52  administrative convenience.
   53         (f)Rules lawfully adopted remain in effect during any
   54  suspension of rulemaking authority under this subsection.
   55         (g)This subsection does not apply to:
   56         1.Emergency rulemaking pursuant to s. 120.54(4).
   57         2.Rulemaking necessary to maintain the financial or legal
   58  integrity of any financial obligation of the state or its
   59  agencies or political subdivisions.
   60         Section 2. Paragraph (c) of subsection (4) of section
   61  120.54, Florida Statutes, is amended to read:
   62         120.54 Rulemaking.—
   63         (4) EMERGENCY RULES.—
   64         (c) An emergency rule adopted under this subsection shall
   65  not be effective for a period longer than 90 days and shall not
   66  be renewable, except when the agency finds that the immediate
   67  danger remains and continues to require emergency action, the
   68  agency has initiated rulemaking to adopt rules addressing the
   69  subject of the emergency rule, and one of the following
   70  conditions has delayed implementation of the rules either:
   71         1. A challenge to the proposed rules has been filed and
   72  remains pending; or
   73         2. The proposed rules have been filed for adoption and are
   74  awaiting ratification by the Legislature pursuant to any law
   75  requiring ratification for the rules to be effective s.
   76  120.541(3).
   78  Nothing in this paragraph prohibits the agency from adopting a
   79  rule or rules identical to the emergency rule through the
   80  rulemaking procedures specified in subsection (3).
   81         Section 3. This act shall take effect July 1, 2016.
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete everything before the enacting clause
   86  and insert:
   87                        A bill to be entitled                      
   88         An act relating to legislative reauthorization of
   89         agency rulemaking authority; amending s. 120.536,
   90         F.S.; providing for suspension of certain rulemaking
   91         authority after a specified period until reauthorized
   92         by general law; providing for expiration of such
   93         reauthorization after a specified period; providing
   94         for suspension of rulemaking authority upon expiration
   95         of its reauthorization until reauthorized by general
   96         law; requiring legislative ratification of rules
   97         adopted while rulemaking authority is suspended;
   98         authorizing the Governor to delay suspension of
   99         rulemaking authority for a specified period upon
  100         declaration of a public necessity; authorizing the
  101         President of the Senate and the Speaker of the House
  102         of Representatives to appoint a joint committee to
  103         oversee the review of rulemaking authority; requiring
  104         the committee to annually report to the Legislature;
  105         authorizing an agency to provide notice to the
  106         Legislature of any rulemaking authority subject to
  107         suspension; prescribing notice requirements;
  108         specifying that lawfully adopted rules remain in
  109         effect through a suspension of rulemaking authority;
  110         providing applicability; amending s. 120.54, F.S.;
  111         revising limitations with respect to the timeframe
  112         that an emergency rule may be effective; providing an
  113         effective date.