Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1150
       Proposed Committee Substitute by the Committee on Fiscal Policy
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to legislative reauthorization of
    3         agency rulemaking authority; amending s. 120.536,
    4         F.S.; providing for suspension of certain rulemaking
    5         authority after a specified period until reauthorized
    6         by general law; providing for expiration of such
    7         reauthorization after a specified period; providing
    8         for suspension of rulemaking authority upon expiration
    9         of its reauthorization until reauthorized by general
   10         law; requiring legislative ratification of rules
   11         adopted while rulemaking authority is suspended;
   12         authorizing the Governor to delay suspension of
   13         rulemaking authority for a specified period upon
   14         declaration of a public necessity; authorizing the
   15         President of the Senate and the Speaker of the House
   16         of Representatives to appoint a joint committee to
   17         oversee the review of rulemaking authority; requiring
   18         the committee to annually report to the Legislature;
   19         authorizing an agency to provide notice to the
   20         Legislature of any rulemaking authority subject to
   21         suspension; prescribing notice requirements;
   22         specifying that lawfully adopted rules remain in
   23         effect through a suspension of rulemaking authority;
   24         providing applicability; amending s. 120.54, F.S.;
   25         revising limitations with respect to the timeframe
   26         that an emergency rule may be effective; providing an
   27         effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Subsections (2) through (4) of section 120.536,
   32  Florida Statutes, are renumbered as subsections (3) through (5),
   33  respectively, and a new subsection (2) is added to that section,
   34  to read:
   35         120.536 Rulemaking authority; reauthorization; repeal;
   36  challenge.—
   37         (2)(a)Notwithstanding any other provision of law, and
   38  except as provided in paragraph (g), any new rulemaking
   39  authority is suspended 4 years after the effective date of the
   40  law authorizing rulemaking until reauthorized by general law.
   41  Any rulemaking authority effective on or before July 1, 2016, is
   42  suspended July 1, 2020, until reauthorized by general law.
   43         (b)Unless another date is specified in the law
   44  reauthorizing rulemaking, a reauthorization of rulemaking
   45  authority remains in effect until July 1 of the fourth calendar
   46  year following the year in which the reauthorization occurs,
   47  after which the reauthorization expires and the rulemaking
   48  authority is suspended until again reauthorized by general law.
   49         (c)During the suspension of any rulemaking authority under
   50  this subsection, a rule may be adopted pursuant to such
   51  rulemaking authority but does not take effect unless ratified by
   52  the Legislature. Upon written declaration by the Governor of a
   53  public necessity, suspension of any rulemaking authority may be
   54  delayed for up to 90 days, allowing the Legislature an
   55  opportunity to reauthorize the rulemaking authority. A
   56  declaration of public necessity may be issued only once with
   57  respect to any suspension of rulemaking authority.
   58         (d)Subject to the rules of the Senate and the House of
   59  Representatives, the President of the Senate and the Speaker of
   60  the House of Representatives may appoint a joint committee for
   61  the purposes of overseeing the review of rulemaking authority
   62  pursuant to this subsection. The presiding officers may agree on
   63  a 1-year and a 4-year work plan for review of rulemaking
   64  authority. The joint committee shall report its recommendations
   65  regarding reauthorization of rulemaking authority to the
   66  President of the Senate and the Speaker of the House of
   67  Representatives each year on or before the convening of the
   68  regular session of the Legislature.
   69         (e) An agency may give notice by October 1 of each year to
   70  the Legislature of any agency rulemaking authority that is
   71  subject to suspension within the next two years. Such notice
   72  must be in writing and delivered to the President of the Senate,
   73  the Speaker of the House of the Representatives, and to the
   74  chair and vice chair of any joint committee appointed pursuant
   75  to paragraph (d). Such notice may include recommendations on
   76  reauthorization of, repeal of, or amendment to existing
   77  rulemaking authority. An agency may combine multiple notices for
   78  administrative convenience.
   79         (f)Rules lawfully adopted remain in effect during any
   80  suspension of rulemaking authority under this subsection.
   81         (g)This subsection does not apply to:
   82         1.Emergency rulemaking pursuant to s. 120.54(4).
   83         2.Rulemaking necessary to maintain the financial or legal
   84  integrity of any financial obligation of the state or its
   85  agencies or political subdivisions.
   86         Section 2. Paragraph (c) of subsection (4) of section
   87  120.54, Florida Statutes, is amended to read:
   88         120.54 Rulemaking.—
   89         (4) EMERGENCY RULES.—
   90         (c) An emergency rule adopted under this subsection shall
   91  not be effective for a period longer than 90 days and shall not
   92  be renewable, except when the agency finds that the immediate
   93  danger remains and continues to require emergency action, the
   94  agency has initiated rulemaking to adopt rules addressing the
   95  subject of the emergency rule, and one of the following
   96  conditions has delayed implementation of the rules either:
   97         1. A challenge to the proposed rules has been filed and
   98  remains pending; or
   99         2. The proposed rules have been filed for adoption and are
  100  awaiting ratification by the Legislature pursuant to any law
  101  requiring ratification for the rules to be effective s.
  102  120.541(3).
  104  Nothing in this paragraph prohibits the agency from adopting a
  105  rule or rules identical to the emergency rule through the
  106  rulemaking procedures specified in subsection (3).
  107         Section 3. This act shall take effect July 1, 2016.