Bill Amendment: FL S1150 | 2016 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Review of Administrative Rulemaking Authority
Status: 2016-03-11 - Died in Fiscal Policy [S1150 Detail]
Download: Florida-2016-S1150-Senate_Committee_Amendment_148294.html
Bill Title: Review of Administrative Rulemaking Authority
Status: 2016-03-11 - Died in Fiscal Policy [S1150 Detail]
Download: Florida-2016-S1150-Senate_Committee_Amendment_148294.html
Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 1150 Ì148294CÎ148294 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Ring) recommended the following: 1 Senate Amendment (with title amendment) 2 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 ruleseither: 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 effectives.76120.541(3). 77 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. 82 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.