Bill Text: FL S1708 | 2014 | Regular Session | Introduced


Bill Title: Administrative Procedures

Spectrum: Committee Bill

Status: (Failed) 2014-05-02 - Died in Judiciary, companion bill(s) passed, see HB 7031 (Ch. 2014-39) [S1708 Detail]

Download: Florida-2014-S1708-Introduced.html
       Florida Senate - 2014                                    SB 1708
       
       
        
       By the Committee on Governmental Oversight and Accountability
       
       
       
       
       
       585-03271-14                                          20141708__
    1                        A bill to be entitled                      
    2         An act relating to administrative procedures; amending
    3         s. 120.54, F.S.; revising the deadline to propose
    4         rules implementing new laws; amending s. 120.74, F.S.;
    5         revising requirements for the periodic review of
    6         agency rules; requiring agencies to annually review
    7         rulemaking and prepare and publish regulatory plans;
    8         specifying requirements for such plans; requiring an
    9         agency to include a certification of the regulatory
   10         plan in a legislative budget request; requiring
   11         specified agencies to review the regulatory plans of
   12         certain boards; requiring publication by specified
   13         dates of notices of rule development and of proposed
   14         rules necessary to implement new laws; requiring an
   15         agency to file a certification with the Administrative
   16         Procedures Committee; requiring an agency to complete
   17         a supplement to the regulatory plan under certain
   18         circumstances; establishing requirements for the
   19         supplement; providing for suspension of an agency’s
   20         rulemaking authority for failure to comply with
   21         specified provisions; providing for applicability;
   22         repealing ss. 120.745 and 120.7455, F.S., relating to
   23         legislative review of agency rules in effect on or
   24         before a specified date and an Internet-based public
   25         survey of regulatory impacts, respectively; providing
   26         for rescission of the suspension of rulemaking
   27         authority under such repealed provisions; providing
   28         effective dates.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraph (b) of subsection (1) of section
   33  120.54, Florida Statutes, is amended to read:
   34         120.54 Rulemaking.—
   35         (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN
   36  EMERGENCY RULES.—
   37         (b) Whenever an act of the Legislature is enacted which
   38  requires implementation of the act by rules of an agency within
   39  the executive branch of state government, such rules shall be
   40  drafted and formally proposed as provided in this section within
   41  the times provided in s. 120.74(5) and (6) 180 days after the
   42  effective date of the act, unless the act provides otherwise.
   43         Section 2. Section 120.74, Florida Statutes, is amended to
   44  read:
   45         (Substantial rewording of section. See
   46         s. 120.74, F.S., for present text.)
   47         120.74 Agency annual rulemaking and regulatory plan;
   48  reports.—
   49         (1) RULEMAKING AND REGULATORY PLAN.—By October 1 of each
   50  year, each agency shall prepare an implementation and rulemaking
   51  plan.
   52         (a) The plan shall include a listing of each law enacted or
   53  amended during the previous 12 months which created or modified
   54  the duties or authority of the agency. The plan may exclude any
   55  law affecting all or most state agencies, if the law is
   56  identified as such by letter to the committee from the Governor
   57  or the Attorney General. For each law listed in the agency’s
   58  plan, the plan must state:
   59         1. Whether the agency must adopt rules to implement the
   60  law.
   61         2. If rulemaking is necessary to implement the law:
   62         a. Whether a notice of rule development has been published,
   63  and if so, the citation for such notice in the Florida
   64  Administrative Register; and
   65         b. The date by which the agency expects to publish the
   66  notice of proposed rule under s. 120.54(3)(a).
   67         3. If rulemaking is not necessary to implement the law, a
   68  concise written explanation of the reasons that the law may be
   69  implemented without rulemaking.
   70         (b) The plan shall include a listing of every other law
   71  that the agency expects to implement by rulemaking, excluding
   72  emergency rulemaking, before the following June 30. For each law
   73  listed pursuant to this paragraph, the plan must state whether
   74  the rulemaking is intended to simplify, clarify, increase
   75  efficiency, improve coordination with other agencies, reduce
   76  regulatory costs, or delete obsolete, unnecessary, or redundant
   77  rules.
   78         (c) The plan shall include any desired update to the
   79  previous year’s regulatory plan or supplement published pursuant
   80  to subsection (8). If a law was identified under this paragraph
   81  or under subparagraph (a)1. in a previous year’s regulatory plan
   82  or supplement as a law requiring rulemaking for implementation
   83  but a notice of proposed rule has not been published:
   84         1. The agency may identify and relist such law noting the
   85  applicable notice of rule development by citation to the Florida
   86  Administrative Register, or
   87         2. If the agency has subsequently determined that
   88  rulemaking is not necessary to implement the law, the agency may
   89  identify such law, reference the citation of the applicable
   90  notice of rule development in the Florida Administrative
   91  Register, and state a concise written explanation of the reasons
   92  that the law may be implemented without rulemaking.
   93         (d) The plan shall include the following certification
   94  executed on behalf of the agency by both the agency head, or if
   95  the agency head is a collegial body, the chair or equivalent
   96  presiding officer, and the agency general counsel, or if the
   97  agency does not have a general counsel, the individual acting as
   98  the principal legal advisor to the agency head:
   99         1. Verifying that the persons authorized to certify have
  100  reviewed the plan.
  101         2. Verifying that the agency regularly reviews all of its
  102  rules and identifying the period during which all rules have
  103  most recently been reviewed to determine if they remain
  104  consistent with the agency’s rulemaking authority and the law
  105  implemented.
  106         (2) PUBLICATION AND DELIVERY OF PLAN.—
  107         (a) By October 1 of each year, each agency shall:
  108         1. Publish its regulatory plan on its website or another
  109  state website established for publication of administrative law
  110  records. A clearly labeled hyperlink to the plan must be
  111  included on the agency’s primary website homepage.
  112         2. Deliver by electronic means to the committee a copy of
  113  the certification required in paragraph (1)(d).
  114         3. Publish in the Florida Administrative Register a notice
  115  of the date of publication of the agency’s regulatory plan,
  116  which notice must include a hyperlink or website address
  117  providing direct access to the published plan.
  118         (b) To satisfy the requirements of paragraph (a), each
  119  board established under s. 20.165(4), and any other board or
  120  commission receiving administrative support from the Department
  121  of Business and Professional Regulation, may coordinate with the
  122  department, and each board established under s. 20.43(3) may
  123  coordinate with the Department of Health, for inclusion of the
  124  board’s or commission’s plan and notice of publication in the
  125  coordinating department’s plan and notice and delivery of the
  126  required documentation to the committee.
  127         (c) A regulatory plan published pursuant to former s.
  128  120.74(3), Florida Statutes 2011, shall be maintained at an
  129  active website address for 10 years from the date of initial
  130  publication.
  131         (3) INCLUSION IN LEGISLATIVE BUDGET REQUEST.—In addition to
  132  the requirements of s. 216.023, and pursuant to s. 216.351, a
  133  copy of the most recent certification executed under paragraph
  134  (1)(d), clearly designated as such, shall be included as part of
  135  the agency’s legislative budget request.
  136         (4) DEPARTMENT REVIEW OF BOARD PLAN.—By October 15 of each
  137  year:
  138         (a) For each board established under s. 20.165(4), and each
  139  other board or commission receiving administrative support from
  140  the Department of Business and Professional Regulation, the
  141  department shall file with the committee a certification that
  142  the department has reviewed the board’s regulatory plan. A
  143  certification may apply to more than one board.
  144         (b) For each board established under s. 20.43(3), the
  145  Department of Health shall file with the committee a
  146  certification that the department has reviewed the board’s
  147  regulatory plan. A certification may apply to more than one
  148  board.
  149         (5) DEADLINE FOR RULE DEVELOPMENT.—By November 1 of each
  150  year, each agency shall publish a notice of rule development
  151  under s. 120.54(2) for each law identified in the agency’s plan
  152  pursuant to subparagraph (1)(a)1. for which rulemaking is
  153  necessary for implementation but for which the agency did not
  154  report the publication of a notice of rule development under
  155  subparagraph (1)(a)2.
  156         (6) DEADLINE TO PUBLISH PROPOSED RULE.—For each law for
  157  which rulemaking is necessary for implementation, as identified
  158  in the agency’s plan pursuant to subparagraph (1)(a)1. or
  159  subparagraph (1)(c)1., the agency shall publish a notice of
  160  proposed rule pursuant to s. 120.54(3)(a) by April 1 of the year
  161  after the deadline for the plan. The April 1 deadline may be
  162  extended if the agency publishes a notice of extension in the
  163  Florida Administrative Register identifying such rulemaking
  164  proceeding for which an extension is being noticed by citation
  165  to the applicable notice of rule development as published in the
  166  Florida Administrative Register. Such an extension shall expire
  167  on the October 1 following the April 1 deadline, provided that
  168  the regulatory plan due on October 1 may further extend the
  169  rulemaking proceeding by identification pursuant to subparagraph
  170  (1)(c)1. or conclude the rulemaking proceeding by identification
  171  pursuant to subparagraph (1)(c)2. A published regulatory plan
  172  may be corrected at any time to accomplish the purpose of
  173  extending or concluding an affected rulemaking proceeding and
  174  shall be deemed corrected as of the October 1 due date. Upon
  175  publication of any such correction, the agency shall publish a
  176  notice in the Florida Administrative Register stating the date
  177  of the correction and shall identify any affected rulemaking
  178  proceeding by applicable citation to the Florida Administrative
  179  Register.
  180         (7) CERTIFICATION.—Each agency shall file a certification
  181  with the committee upon compliance with subsection (5), upon
  182  filing a notice for a deadline extension or a plan correction
  183  under subsection (6), and upon completion of any act that
  184  terminates a suspension under subsection (9). A certification
  185  may apply to more than one notice or contemporaneous act. The
  186  certification shall note the date or dates of compliance.
  187         (8) SUPPLEMENTING THE REGULATORY PLAN.—After preparation of
  188  the regulatory plan, the agency shall supplement the plan within
  189  30 days after enactment of a law enacted before the next regular
  190  session of the Legislature if such law substantively modifies
  191  legal duties specifically delegated to the agency, unless the
  192  law affects all or most state agencies as identified by letter
  193  to the committee from the Governor or the Attorney General. The
  194  supplement shall include information required under paragraph
  195  (1)(a) and shall be published as required under subsection (2).
  196  An agency is not required to have the supplement delivered to or
  197  certified by the committee. The agency shall publish a notice of
  198  publication of the supplement, including a hyperlink or Internet
  199  address for direct access to the published supplement, in the
  200  Florida Administrative Register. If rulemaking is necessary for
  201  implementing a law reported in a supplement, the agency shall
  202  publish a notice of rule development as provided in subsection
  203  (5) or 60 days after the effective date of the law, whichever
  204  occurs last. The agency shall publish a notice of proposed rule
  205  as provided in subsection (6) or 120 days after the effective
  206  date of the law, whichever occurs last. The deadline for
  207  publishing a notice of proposed rule may be extended to the
  208  following October 1 if notice is provided in accordance with
  209  subsection (6). If such proposed rule has not been filed by
  210  October 1, a law included in a supplement shall also be included
  211  in the next annual regulatory plan issued pursuant to subsection
  212  (1).
  213         (9) FAILURE TO COMPLY.—If an agency fails to comply with a
  214  requirement in paragraph (2)(a) or subsection (6), the entire
  215  rulemaking authority delegated to the agency by the Legislature
  216  under any statute or law shall be suspended automatically as of
  217  the due date of the required action and shall remain suspended
  218  until the date the agency completes the required action or until
  219  the end of the next regular session of the Legislature,
  220  whichever occurs first.
  221         (a) During a period of suspension pursuant to this
  222  subsection, the agency has no authority to file rules for
  223  adoption under s. 120.54, but may complete any action required
  224  by this section and may conduct any public hearings that were
  225  noticed before the period of suspension began.
  226         (b) A suspension under this subsection does not authorize
  227  an agency to promulgate or apply a statement defined as a rule
  228  under s. 120.52(16), unless the statement was filed for adoption
  229  under s. 120.54(3) before the period of suspension began.
  230         (c) A suspension under this subsection shall toll the time
  231  requirements under s. 120.54 for filing any rule for adoption in
  232  a rulemaking proceeding initiated by the agency before the date
  233  of suspension, which time requirements shall resume on the date
  234  the suspension ends.
  235         (d) This subsection does not suspend the adoption of
  236  emergency rules under s. 120.54(4) or rulemaking necessary to
  237  ensure state compliance with federal law.
  238         (10) EXCLUSION OF EDUCATIONAL UNITS.—This section does not
  239  apply to educational units.
  240         Section 3. Effective upon this act becoming a law:
  241         (1) Sections 120.745 and 120.7455, Florida Statutes, are
  242  repealed.
  243         (2) Any suspension of rulemaking authority under s.
  244  120.745, Florida Statutes, or s. 120.7455, Florida Statutes, is
  245  rescinded. This subsection does not affect any restriction,
  246  suspension, or prohibition of rulemaking authority under any
  247  other provision of law.
  248         (3) This section serves no other purpose and shall not be
  249  codified in the Florida Statutes.
  250         Section 4. Except as otherwise expressly provided in this
  251  act and except for this section, which shall take effect upon
  252  this act becoming a law, this act shall take effect July 1,
  253  2014.

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