F.S.1979 ADM, STRATIVE PROCEDURE ACT Ch. 120
the substantial interests of a significant number of Education pursuant to s. 229.57, s. 232.245, s.
residents of the county and the board of county corn- 232.246, or s. 232.247.
missioners has, by resolution, authorized the repre- History.-s. 1, ch. 74-310; s. 1, ch. 75-191; s. 1, ch. 76-131; s. 1, ch. 77-174; s.
missioners12, ch. 77-290; s. 2, ch. 77-453; s. 1, ch. 78-28; s. 1, ch. 78-425; s. 1, ch. 79-20; s.
sentative, agency, department, or unit to represent 55, ch. 79-40; s. 1, ch. 79-299
the class of interested persons. The authorizing reso-
lution shall apply to a specific proceeding and to 120.53 Adoption of rules of procedure and
appeals and ancillary proceedings thereto, and it public inspection.-
shall not be required to state the names of the per- (1) In addition to other requirements imposed by
sons whose interests are to be represented. law, each agency shall:
(a) Adopt as a rule a description of its organiza-
Prisoners as defined in s. 944.02(5) shall not be con- tion, stating the general course and method of its
sidered parties for the purposes of obtaining proceed- operations and the methods whereby the public may
ings under s. 120.54(16) or s. 120.57, nor shall parol- obtain information or make submissions or requests.
ees be considered parties for these purposes when (b) Adopt rules of practice setting forth the na-
the proceedings relate to the revocation of parole. ture and requirements of all formal and informal
"(11) "Person" means any person described in s. procedures, including a list of all forms and instruc-
1.01, any unit of government in or outside the state, tions used by the agency in its dealings with the
and any agency described in subsection (1). public. The list of forms and instructions shall in-
(12) "Proposed order" means the advance text, clude the title of each form or instruction and a
under s. 120.58(1)(e), of the order which a collegial statement of the manner in which the form or in-
agency head plans to enter as its final order. When struction may be obtained without cost.
a hearing officer assigned by the division conducts a (c) Adopt rules of procedure appropriate for the
presentation of arguments concerning issues of law
hearing, the recommended order is the proposed or- ese on rgumensn i o
der. or policy, and for the presentation of evidence on any
(13) "Recommended order" means the official pertinent fact that may be in dispute.
recom endatin oahearngoffer anedbyt (d) Adopt rules for the scheduling of meetings,
d recommendation of a hearing officer assigned by the hearings, and workshops, one of which shall be that
division to an agency or of any other duly authorized an agenda shall be prepared by the agency in time
presiding officer, other than an agency head or mem- to insure that a copy of the agenda may be received
ber thereof, for the final disposition of a proceeding at least 7 days before the event by any person in the
under s. 120.57. state who requests a copy and who pays the reasona-
114) "Rule" means each agency statement of gen- ble cost of the copy. The agenda shall contain the
eral applicability that implements, interprets, or items to be considered, in the order of presentation.
prescribes law or policy or describes the organiza- After the agenda has been made available, change
tion, procedure, or practice requirements of an agen- shall be only for good cause, as determined by the
cy and includes any form which imposes any require- person designated to preside, and stated in the
ment or solicits any information not specifically re- record. Notification of such change shall be at the
quired by statute or by an existing rule. The term earliest practicable time. The agenda for a special
also includes the amendment or repeal of a rule. The meeting of a district school board under authority of
term does not include: s. 230.16 shall be prepared upon the calling of the
(a) Internal management memoranda which do meeting, but not less than 48 hours prior to such
not affect either the private interests of any person meeting. In addition, each agency shall give notice of
I or any plan or procedure important to the public and meetings, hearings, and workshops in the same man-
which have no application outside the agency issu- ner as that prescribed for rulemaking in subsection
ing the memorandum. 120.54(1), except that the notice requirement shall
(b) Legal memoranda or opinions issued to an not apply to emergence meetings. The notice shall
agency by the Attorney General or agency legal include a statement of the general subject matter to
opinions prior to their use in connection with an be considered and shall be given not less than 7 days
Agency action ,,before the event.
(c) The preparation or modification of: (2) Each agency shall make available for public
2 Contractual provisions reached as a result of (a) All rules formulated, adopted, or used by the
colle activeba rgaining, agency in the discharge of its functions.
collective bargaining. "" "'""'"'""" ^ S'
3. Agricultural marketing orders under chapter (b) All agcrency orders.sbjt-matter index, identifying
573 or chapter 601. for the public any rule or order issued or adopted
4. Curricula by an educational unit. after January 1 1975.
(d( Agency action which has the effect of altering
established hunting or fishing seasons when such All rules adopted pursuant to this act shall be index'-
action is adequately noticed in the area affected ed within 90 days. The Department of State shall by
through publishing in a newspaper of general circu- ruleets^^1h r;forrn ind-xing prn.ced e -----
lation or through notice by broadcasting in an elec- ) No agency rule or order is valid for any pur-
tIronic media, pose until it has been made available for public in-
(e( Any tests, test scoring criteria, practices, or section as herein required unless the person or par-
procedures relating to student assessment which are ty against whom enforcement is sought has actual
developed or administered by the Department of knowledge of it.
Ch. 120 ADMINISTRATIVE PROCEDURE T F.S.1979
(4) An agency may comply with paragraphs (2)(b) tion on competition and the open market for employ.
ifj and (c) by dpeignating by rilp nn nfciial reporter ment, if applicable; and
which publishes and indexes by subject matter each 4. A detailed statement of the data and method
agency order rendered after a proceeding which af- used in making each of the above estimates.
fects substantial interests has been held. (b) If an economic impact statement is required
History.-s. 1, ch. 74-310; s. 2, ch. 75-191; s. 2, ch. 76-131; s. 2, ch. 79-299. before an agency takes action on an application or
petition by any person, the statement shall be pre-
120.54 Rulemaking; adoption procedures.- pared within a reasonable time after the application
(1) Prior to the adoption, amendment, or repeal is made or the petition is filed.
of any rule not described in subsection (9), an agency (c) Failure to provide an adequate statement of
shallgive notice of its intended action, setting forth economic impact is grounds for holding the rule in-
a short and plain explanation of the purposee and valid; however, beginning October 1, 1978, no rule
effect of the proposed rule, a summary of the pro- shall be declared invalid for want of an adequate
posed rule, the specific legal authority under which statement of economic impact unless the issue is
its adoption is authorized, and a summary of the raised in an administrative or judicial proceeding
estimate of theeconomic impact of the proposed rule within 1 year of the effective date of the rule to
on all persons affected by it. The notice shall contain which the statement applies.
the location where the text of the proposed rule or (3) If the intended action concerns any rule other
"economic impact statement can be obtained if such than one relating exclusively to organization, proce-
text is not included in the notice. dure, or practice, the agency shall, on the request of
(a) Except as otherwise provided in this para- any affected person received within 14 days after the
graph, the notice shall he mailed to the committee, date of publication of the notice, give affected per-
to all persons named in the proposed rule, and to all sons an opportunity to present evidence and argu-
persons who have made requests of the agency for ment on all issues under consideration appropriate
advance notice of its proceedings at least 14 days to inform it of their contentions. Prisoners, as de-
prior to such mailing. The agency shall also give fined in s. 944.02(5), may be limited by the Depart-
such notice as is prescribed by rule to those particu- ment of Corrections to an opportunity to submit
lar classes of persons to whom the intended action is written statements concerning intended action on
directed. Notice of intent by an educational unit to any department rule. The agency may schedule a
adopt, amend, or repeal any rule not described in public hearing on the rule and, if requested by any
subsection (9) shall be made: affected person, shall schedule a public hearing on
1. By publication in a newspaper of general cir- the rule. Any material pertinent to the issues under
culation in the affected area; consideration submitted to the agency within 14
2. By mail to all persons who have made requests days after the date of publication of the notice shall
of the educational unit for advance notice of its pro- be considered by the agency and made a part of the
ceedings and to organizations representing persons record of the rulemaking proceeding.
affected by the proposed rule; and (4)(a) Any substantially affected person may
3. By posting in appropriate places so that those seek an administrative determination of the invalid-
particular classes of persons to whom the intended ity of any proposed rule on the ground that the pro
action is directed may be duly notified. posed rule is an invalid exercise of delegated legisla-
Such publication, mailing, and posting of notice (b) The request seeking a determination under
shall occur at least 14 days prior to the intended this subsection shall be in writing and must be filed
action. with the division within 14 days after the date of
S(b) The notice shall be published in the Florida publication of the notice. It must state with particu-
Administrative Weekly not less tharn21 days rior to larity facts sufficient to show that the person chal-
the intended action, except that notice of actions lenging the proposed rule would be substantially af-
"proposed by educational units or units of govern- fected by it and facts sufficient to show the invalidity
ment with jurisdiction in only one county or a part of the proposed rule.
* VB^ thereof need not be published in the Florida Admin- (c) Immediately upon receipt of the petition, the
istrative Weekly or transmitted to the committee. division shall forward copies of the petition to the
B The proposed rule shall be available for inspection agency whose rule is challenged, the Department of
B and copying by the public at the time of the publica- State, and the committee. Within 10 days after re-
[f. tion of notice, ceiving the petition, the division director, if he deter-
.:K ~(2)(a) Each agency,prior to the adoption, amend- mines that the petition complies with the above re-
. ^ment, or repeal of any rule, shall provide informa- quirements, shall assign a hearing officer who shall
tion on its proposed action by preparing a (ii conduct a hearing within 30 days thereafter, unless
c economic impact statement. The economic impact the petition is withdrawn. Within 30 days after con-
,! statement shall include: clusion of the hearing, the hearing officer shall
B 1. An estimate of the cost to the agency of the render his decision and state the reasons therefore in
J implementation of the proposed action, including writing. The division shall forthwith transmit copies
' the estimated amount of paperwork; of the hearing officer's decision to the Department of
R-" 2. An estimate of the cost or the economic benefit State and to the committee. The hearing officer may
i -to all persons directly affected by the proposed ac- declare the proposed rule wholly or partly invalid.
1 rtion; The proposed rule or provision of a proposed rule
1 3. An estimate of the impact of the proposed ac- declared invalid shall be withdrawn from the cornm-
F.S.1979 ADM' STRATIVE PROCEDURE ACT Ch. 120
mittee by the adopting agency and shall not be stitution, or the United States Constitution.
adopted. No rule shall be filed for adoption until 21 2. The agency takes only that action necessary to
days after the notice required by subsection (1) or protect the public interest under the emergency pro-
until the hearing officer has rendered his decision, cedure.
as the case may be. However, the agency may pro- 3. The agency publishes in writing at the time of,
ceed with all other steps in the rulemaking process. or prior to, its action the specific facts and reasons
In the event part of a proposed rule is declared in- for finding an immediate danger to the public
valid, the adopting agency may, in its sole discretion, health, safety, or welfare and its reasons for conclud-
withdraw the proposed rule in its entirety. The agen- ing that the procedure used is fair under the circum-
cy whose proposed rule has been declared invalid in stances. In any event, notice of emergency rules, oth-
whole or part shall give notice of the decision in the er than those of educational units or units of govern-
first available issue of the Florida Administrative ment with jurisdiction in only one county or a part
Weekly. thereof, shall be published in the first available issue
(d) Hearings held under this provision shall be of the Florida Administrative Weekly. The agency's
conducted in the same manner as provided in s. findings of immediate danger, necessity, and proce-
120.57 except that the hearing officer's order shall dural fairness shall be judicially reviewable.
be final agency action. The agency proposing the (b) Rules pertaining to the public health, safety,
rule and the person requesting the hearing shall be or welfare shall include, but not be limited to, those
i adversary parties. Other substantially affected per- rules pertaining to perishable agricultural commodi-
sons may join the proceeding as parties or interven- ties.
ors on appropriate terms which will not substantial- (c) An emergency rule adopted under this subsec-
ly delay the proceedings. Failure to proceed under tion may not be effective for a period longer than 90
this subsection shall not constitute failure to ex- days and shall not be renewable. However, the agen-
haust administrative remedies. cy may take identical action by normal rulemaking
j (5) Any person regulated by an agency or having procedures.
a substantial interest in an agency rule may petition (d) Subject to applicable constitutional and stat-
an agency to adopt, amend, or repeal a rule or to utory provisions, an emergency rule becomes effec-
provide the minimum public information required tive immediately on filing, or at a date less than 20
by s. 120.53. The petition shall specify the proposed days thereafter if specified in the rule, if the adopt-
rule and action requested. Not later than 30 calen- ing agency finds that such effective date is necessary
dar days after the date of filing a petition, the agency because of immediate danger to the public health,
shall initiate rulemaking proceedings under this act, safety, or welfare. k
otherwise comply with the requested action, or deny (10) The Administration Commission shall pro-
the petition with a written statement of its reasons mulgate one or more sets of model rules of procedure
for the denial. which shall be reviewed by the committee and filed
(6) In rulemaking proceedings, the agency may with the Department of State. On filing with the
recognize any material which may be judicially no- department, the appropriate model rules shall be
ticed, and it may provide that materials so recog- the rules of procedure for each agency subject to this
nized shall be incorporated into the record of the act to the extent that each agency does not adopt a
proceeding. Before the record of any proceeding is specific rule of procedure covering the subject mat-
completed, all parties shall be provided a list of such ter contained in the model rules applicable to that
S materials and given a reasonable opportunity to ex- agency. An agency may seek modification of the
amine them and offer written comments thereon or model rules of procedure to the extent necessary to
written rebuttal thereto. conform to any requirement imposed as a condition
(7) Each rule adopted shall be accompanied by a precedent to receipt of federal funds or permit per-
reference to the specific rulemaking authority pur- sons in this state to receive tax benefits under feder-
suant to which the rule was adopted and a reference al law or as required for the most efficient operation
to the section or subsection of the Florida Statutes or of the agency as determined by the Administration
the Laws of Florida being implemented, interpreted, Commission. The reasons for the modification shall
or made specific. be published in the Florida Administrative Weekly.
18) Each rule adopted shall contain only one sub- Agency rules adopted to comply with ss. 120.53 and
Sct and shall be preceded by a concise statement of 120.565 must be in substantial compliance with the
the purpose of the rule and reference to the rules model rules. I
repealed or amended, which statement need not be (ll)(a) The adopting agency shall file with the ,
S printed in the Florida Administrative Code. No rule committee, at least 21 days nrior to the proposed -
h all be amended by reference only. Amendments adoption date, a convyfeach rflp fit nr opnnf. t, ]
Shall set out the amended rule in full in the same a t, a detailed'written statement of the facts and /
manner as required by the constitution for laws. circumstances justifying the proposed rule, a copy of
<9Xa) If an agency finds that an immediate dan- the estimate of economic impact required by subsec-
pr to the public health, safety, or welfare requires tion (1), a statement of the extent to which the pro-
Smergency action, the agency may adopt any rule posed rule establishes standards more restrictive '
Kcessitated by the immediate danger by any proce- than federal standards or a statement that the pro-
w bre which is fair under the circumstances and nec- posed rule is no more restrictive than federal stand- I
m lary to protect the public interest, provided that: ards or that a federal rule on the same subject does i
"I '. I The procedure provides at least the procedural not exist, and the notice required by subsection (1).
"pot i section given by other statutes, the Florida Con- After the final public hearing on the proposed rule, '*H
Ch. 120 ADMINISTRATIVE PROCEDURE ACT F.S.1979
V' or after the time for requesting a hearing has ex- the agency within 14 days after the notice and made
pired, the adopting agency shall file any changes in a part of the record of the proceeding, or changes in
the proposed rule and the reasons therefore with the nse to a propose section by the committee.
committee or advise the committee that there are no After dtion and eforhe ff iv a ule
changes. In addition, when any change is made in a may be modified or w r ly i response to an
Proposed rule other than a technical change, the o n te committee may be moie t
adopting agency shall provide a detailed statement extend the effective datp hnt more than 60 days
of such change by certified mail or actual delivery to when the committee has notified the agency that an
any person who requests it in writing at the public objection to the rule is being considered. The agency
hearing. The agency shall file the change with the shall give notice of its decision to withdraw or modify
committee. anritprovide the statement of change to a rule in the first available issue of the publication
persons requesting it, at least 7 days prior to filing in which the original notice of rulemaking was pub-
the rule for adoption. Educational units, other than lished and shall notify the Department of State if the
units of the State University System, and local units rule is red to be filed with the Department of
of government with jurisdiction in only one county Stat ft has become effect m
or part thereof shall not be required to make filings repa or amended on rough regular rulemak-
with the committee. This paragraph shall not apply _1 ..... ......_..__.
to emergency rules adopted pursuant to subsection (13) Iffthe committee disapproves a rose ul
(9). However, agencies, other than those listed here- and the agency does not modify the rule mmit-
in, adopting emergency rules shall file a copy of each tee shall file with the Department of State a notice
emergency rule with the committee. of the disapproval detailing with particularity its
(b) If the adopting agency is required to publish objection to the rule. The Department of State shall
its rules in the Florida Administrative Code, it shall publish this notice in the Florida Administrative
Sfile with the Department of State three certified coa- Weekly and shall publish, as a history note to the
ies of the rule. it proposes to adopt, a summary ofthe rule when it is published in the Florida Administra-
rule, a summary of any hearings held on the rule, tive Code, a reference to the committee's disapproval
and a detailed written statement of the facts and and to the issue of the Weekly in which the full text
circumstances justifying the rule. Agencies not re- thereof appears.
quired to publish their rules in the Florida Adminis- (14) No agency has inherent rulemaking author-
trative Code shall file one certified copy of the pro- ity; nor has any agency authority to establish penal-
A I, posed rule, and the other material required above, in ties for violation of a rule unless the Legislature,
the office of the agency head, and such rules shall be when establishing a penalty, specifically provides
open to the public pursuant to s. 120.53(2). Filings that the penalty applies to rules. However, an agen-
4I :shall be made not less than 21 days or more tTian 99 cy may adopt rules necessary to the proper imple-
days after the nfotic renired bv subsection (i) if no mentation of a statute prior to the effective date of
Public hearing is held. If a public hearing is held, the the statute, but the rules may not be enforced until
adopting agency shall file within 21 days after re- the statute upon which they are based is effective.
ceipt of all material authorized to be submitted at (15) The rulemaking provisions of this chapter
the hearing or after receipt of the transcript, if one shall not apply to compensation appeals referees.
is made, whichever is later. If a public hearing is (16) Rulemaking proceedings shall be governed
held and no material is authorized to be submitted solely by the provisions of this section unless a per-
"and no transcript is made, filings shall be made not son timely asserts that his substantial interests will
less than 21 days or more than 90 days after the be affected in the proceeding and affirmatively dem-
notice required in subsection (1). At the time a rule onstrates to the agency that the proceeding does not
i s filed, the agency shall certify that the time limita- provide adequate opportunity to protect those inter-
Itions prescribed by this subsection have been com- ests. If the agency determines that the rulemaking
I plied withIothat there is no administrative deter- proceeding is not adequate to protect his interests, it
Smination pending on the rule. The department shall shall suspend the rulemaking proceeding and con-
reject any rule not tiled within the prescribed time vene a separate proceeding under the provisions of
limits or upon which an administrative determina- s. 120.57. Similarly situated persons may be request-
tion is pending. ed to join and participate in the separate proceeding.
(12)(a) The proposed rule shall be adopted onbho- Upon conclusion of the separate proceeding, the
^ ii inlld with the Department of State and become rulemaking proceeding shall be resumed.
. effectivee 20 days after being filed, on a later date History.-s. 1, ch. 74-310; s. 3, ch. 75-191; s. 3, ch. 76-131; ss. 1, 2, ch. 76-276.
s. 1, ch. 77-174; s. 13, ch. 77-290; s. 3, ch. 77-453; s. 2, ch. 78-28; s. 2, ch. 78-425.
specified in the rule, or on a date required by statute, s. 7, ch. 79-3; s. 3, ch. 79-299; s. 69. ch. 79-400.
;\Rules not required to be filed with the Department
!iJ'of State shall become effective when adopted by the 120.545 Committee review of agency rules.-
agency head or on a later date specified by rule or (1) As a legislative check on legislatively created
statute, authority, the committee shall examine each pro-
^ if () After the notice required in subsection (1) and posed rule, except for those proposed rules exempted
S*rionto adoption, the agency may withdraw the rule by paragraph 120.54(11)(a), and its accompanying
T iWhole or in part, or may make such changes in the material, and may examine any existing rule, for the
^ ..:, -rule as are supported by the record of public hear- purpose of determining whether the rule is within
-ings held on the rule, technical changes which do not the statutory authority upon which it is based,
: |affect the substance of the rule, changes in response whether the rule is in proper form, and whether the
to written material relating to the rule received by notice given prior to its adoption was sufficient to
979 F.S.1979 ADMINISTRATIVE PROCEDURE ACT Ch. 120
(de give adequate notice of the purpose and effect of the posed rule shall be stricken from the files of the
Sin rule. If the committee objects to a proposed or exist- Department of State and the files of the agency.
t*. ing rule, it shall, within 5 days of the objection, certi- (7) Failure of the a ncy to respond to a commit-
ule fy the fact to the agency whose rule has been exam- tee objections to"a x u le within the time pre-
Sin ined and include with the certification a statement scribed in subsection sall constitute a refusal to
to detailing its objections with particularity, repeal the rule.
Vys (2) Wj 30 days of receipt of the objection, if (8) If the committee objects to a proposed or exist-
an the agency is headed by an individual, or within& ing rule and the agency refuses to modify, amend,
)cv days of receipt of the objection, if the agency is head- withdraw, or repeal the rule, the committee shall file
Iif:" ed by a collegial body, tbheagency shall: with the Department of State a notice of the objec-
ion (a) If the rule is artpos rule: tion, detailing with particularity its objection to the
hb- 1. Modi the rule to meet the committee's objec- rule. The Department of State shall publish this no-,
1h1 tion; tice in the Florida Administrative Weekly and shall
f2. Withdrwthe rule in its entirety; or publish, as a history note to the rule in the Florida
b, 3. Refuse modify or* draw the rule. Administrative Code, a reference to the committee's
ik- (b) Tf the rule is a existi ule: objection and to the issue of the Weekly in which the
1. N.t4i the committee that it has elected to full text thereof appears.
'le amen the rule to meet the committee's objection History.-s. 4, ch. 76-131; s. 1, ch. 77-174.
it- a the amendment procedure;
2. .otify the committee that it has elected to 120.55 Publication.-
its repeal the rule and initiate the repeal procedure; or (1) The Department of State shall:
ll Notifthe committee that it refuses to amend (a) Conduct a systematic and continuing study of
,, or repeal the rule. the rules of this state for the purpose of reducing
h, (3) If the agency elects to modify a proposed rule their number and bulk and removing redundancies
;.- to meet the committee's objection, it shall make only and unnecessary repetitions and make such changes
, such modifications as are necessary to meet the ob- in style and form as are required by paragraph (d).
xt jection and shall resubmit the rule to the committee. (b) Publish in a permanent compilation entitled
The agency shall give notice of its election to modify "Florida Administrative Code" all rules adopted by
a proposed rule to meet the committee's objection in each agency, citing the specific rulemaking authori-
1- the first available issue of the Florida Administra- ty pursuant to which each rule was adopted, all his- i
tive Weekly, but shall not be required to conduct a tory notes as authorized in s. 120.545(8), and com-
public hearing. If the agency elects to amend an ex- plete indexes to all rules contained in the code. Sup-
n isting rule to meet the committee's objection, it shall plementation shall be made as often as practicable,
.. notify the committee in writing and shall initiate the but at least monthly. Rules general in form but ap-
tit amendment procedure by giving notice in the next plicable to only one school district, community col-
SI available issue of the Florida Administrative Week- lege district, or county, or a part thereof, or to the
ly. The committee shall give priority to rules so mod- Florida School for the Deaf and the Blind and uni-
ified or amended when setting its agenda. versity rules relating to internal personnel or busi-
(4) .tihe agency elects to withdraw a proposed ness and finance shall not be published in the Flori-
rule as a result of a committee objection, it shall da Administrative Code. Exclusion from publication
otify the committee, in writing, of its election and in the Florida Administrative Code shall not affect
shall give notice of the withdrawal in the next avail- their validity or effectiveness. The department shall
able issue of the Florida Administrative Weekly. The publish, at the beginning of the section of the code
rule shall be withdrawn without a public hearing, dealing with an agency that files copies of its rules
effective upon publication of the notice in the Flori- with the department, a summary or listing of all
da Administrative Weekly.Qpthe agency elects to rules of said agency excluded from publication in the
S rt)eal an existing rule as a result of a committee code and a statement as to where said rules may be
objection, iit shall notify te committee, in writing, of inspected or examined. The department shall also
its election and shall initiate rulemaking procedures publish, at the beginning of the section of the code
for that purpose by giving notice in the next availa- dealing with. an agency, any exemptions granted
ble iss of the Florida Administrative Weekly. that agency pursuant to s. 120.63, including the ter-
!5)! n agency elects to amend or repeal an ex- mination date of the exemption and a statement
istin rule as a result of a committee objection, it whether the exemption can be renewed pursuant to
shthall complete the process within.4jLys after giv- s. 120.63(2)(b).
ing notice in the Florida Administrative Weekly. (c) Publish a weekly publication entitled the
(6 Filure of the agenc to respond to a commit- "Florida Administrative Weekly," which shall con-
tee ob section to roose rul within the time pre- tain:
Scribed in su section (2) 1 halconstitute withdrawal 1. A summary of, and an index to, all rules filed
of the rule in its entirety. In this event, the commit- during the preceding week.
Stee shall notify the Department of State that the 2. All hearing notices required by subsection
agency, by its failure to respond to a committee ob- 120.54(1), showing the time, place, and date of the '
| action, has elected to withdraw the proposed rule. hearings and the summaries of all rules proposed for
Upon receipt of the committee's notice, the Depart- consideration. .
rent of State shall publish a notice to that effect in 3. All notices of meetings, hearings, and work-
the next available issue of the Florida Administra- shops conducted in accordance with the provisions of
live Weekly. Upon publication of the notice, the pro- paragraph 120.53(1)(d), including a statement of the
Ch. 120 ADMINISTRATIVE PROCEDURE ACT F.S.1979
manner in which a copy of the agenda may be ob- for the publication and distribution of the Florida 120.57
trained. Administrative Code and the Florida Administra- be final
4. A notice of each request for authorization to tive Weekly and for associated costs incurred by the whose
amend or repeal an existing model rule or for the department in carrying out this chapter. Other
adoption of new model rules. (c) The unencumbered balance in the revolving proceeC
5. A notice of each request for exemption from trust fund at the beginning of each fiscal year shall | terms \
4 any provision of this chapter. not exceed $100,000, and any excess shall be trans- Failur
6. Notice of petitions for declaratory statements ferred to the General Revenue Fund. stitute
or administrative determinations. (d) It is the intent of the Legislature that the Histor,
7. A summary of each objection to any rule filed Florida Administrative Weekly be supported entire- 4, ch. 781
by the Administrative Procedures Committee dur- ly from funds collected for subscriptions to and ad-
ing the preceding week. vertisements in the Florida Administrative Weekly. 120.5
T 8. Any other material required or authorized by To that end, the Department of State is authorized -Each
law or deemed useful by the department. to add a surcharge of 10 percent to any charge relat- for the
(d) Prescribe by rule the style and form required ing to the Florida Administrative Weekly uitil such declare:
for rules submitted for filing and establish the form time as the Publication Revolving Trust Fund has shall s.
for their certification. transferred to the General Revenue Fund an ityofa
(e) Correct grammatical, typographical, and like amount equal to all funds appropriated to the trust order
errors not affecting the construction or meaning of fund. his pa'
the rules and insert history notes. History.-s. 1, ch. 74-310; s. 1, ch. 75-107; s. 4, ch. 75-191; s. 5, ch. 76131 shall p
(f) Remove from the code any rules the authority 1, ch. 77-174; s. 4, ch. 77-453; s. 3, ch. 78-425; s. 4, ch. 79-299. in th
S(f) Remove from the code any rules the authority in the
Sfor which has been repealed. 120.56 Administrative determination of rule educai
(g) Before making any change in any rules as by hearing officer._ ner as
provided in paragraph (a), (e), or paragraph (f), ob- (1) Any person substantially affected by a rule mit
tain the advice and consent of the affected agency. may seek an administrative determination of the common
(h) Make copies of the Florida Administrative invalidity of the rule on the ground that the rule is final
Code available for sale at no more than cost and an invalid exercise of delegated legislative authori- Histo,
copies of the Florida Administrative Weekly availa- ty.
ble on an annual subscription basis for not more (2) The petition seeking an administrative deter. 120.
than $25 per year. t mination under this section shall be in writing and terest
(i) Charge each agency using the Florida Admin- shall state with particularity facts sufficient to show in al
istrative Weekly a space rate computed to cover all the person seeking relief is substantially affected by of a
r costs related to the Florida Administrative Weekly. the rule and facts sufficient to show the invalidity of walvh
(2) Each agency shall print or distribute copies of the rule. The petition shall be filed with the division when
its rules, citing the specific rulemaking authority which shall, immediately upon filing, forward copies mater
pursuant to which each rule was adopted, at its own of the petition to the agency whose rule is chal- (2) sh
expense or purchase copies for distribution from the lenged, the Department of State, and the committee. (1)
Department of State. Within 10 days after receiving the petition, the divi- (a)
(3)(a) The Department of State shall furnish the sion director shall, if he determines that the petition shall
Florida Administrative Code and the Florida Ad- complies with the above requirements, assign a cept t
ministrative Weekly, without charge and upon re- hearing officer who shall conduct a hearing within 1.
quest, as follows: 30 days thereafter, unless the petition is withdrawn then
1. One set to each federal and state court having (3) Within 30 days after the hearing, the hearing an ar
jurisdiction over the residents of the state; each Flor- officer shall render his decision and state the reasons siona
ida senator, congressman, and state legislator; the therefore in writing. The division shall forthwith 2.
Legislative Library; each state university library; transmit copies of the hearing officer's decision to Corn
the State Library; and each standing committee of the Department of State and to the committee. The peals
the Senate and House of Representatives. hearing officer may declare all or part of a rule in- ees,
2. Two sets to each state department. valid. The rule or part thereof declared invalid shall Publi
3. Three sets to the library of the Supreme Court become void when the time for filing an appeal ex- 3.
of Florida, the library of each state district court of pires or at a later date specified in the decision. The ant t,
appeal, the division, the library of the Attorney Gen- agency whose rule has been declared invalid in 4.
eral, each law school library in Florida, the Secre- whole or part shall give notice of the decision in the Healt
tary of the Senate, and the Clerk of the House. Florida Administrative Weekly in the first available of thv
: 4. Ten sets to the committee, issue after the rule has become void. by ti
4i: (b) The Department of State shall furnish one (4) Challenges to the validity of an emergency depa'
j copy of the Florida Administrative Weekly, at no rule shall be subject to the following time schedules, chapt
Cost, to the depository libraries of the Florida State Within 7 days after receiving the petition, the divi. 5
SLibrary, each clerk of the circuit court, and each sion director shall, if he determines that the petition which
1 state department, for posting for public inspection, complies with subsection (2), assign a hearing officer tion
S(4)(a) There is hereby created in the State Treas- who shall conduct a hearing within 14 days thereaf- 6.
l| ury a revolving fund to be known as the Department ter, unless the petition is withdrawn. Within 14 days susp
Iof State's "Publication Revolving Trust Fund." after the hearing, the hearing officer shall render by e<
(b) All fees and moneys collected by the Depart- his decision and otherwise comply with the provi- 7
ment of State under this chapter shall be deposited sions of subsection (3) not inconsistent herewith. Con
in the revolving trust fund for the purpose of paying (5) Hearings held under this provision shall be
S F.S.1979 ADIAiNISTRATIVE PROCEDURE ACT Ch. 120
conducted in the same manner as provided in s. appropriateness of the bargaining unit, as provided
:1 120.57 except that the hearing officer's order shall in s. 447.307; and
l be final agency action. The petitioner and the agency 8. Hearings held by the Department of Agricul-
"whose rule is attacked shall be adversary parties, ture and Consumer Services pursuant to chapter
Other substantially affected persons may join the 601. i
proceedings as parties or intervenors on appropriate (b) In cases to which this subsection is applicable,
terms which shall not unduly delay the proceedings. the following procedures shall apply: i
Failure to proceed under this section shall not con- 1. Requests for hearings shall be granted or de-
stitute failure to exhaust administrative remedies. nied within 15 days of receipt.
History.-s. 1, ch. 74-310; s. 5, ch. 75-191; s. 6, ch. 76-131; s. 1, ch. 77-174; s. 2. All parties shall be afforded an opportunity for
4, ch. 78-425. a hearing after reasonable notice of not less than 14 !
120565 r days; however, the 14-day notice requirement may
120.565 Declaratory statement by agencies. be waived with the consent of all parties. In prelimi-
i --Each agency shall provide by rule the procedure nary hearings for the revocation of parole, no less
for the filing and prompt disposition of petitions for than 7 days' notice shall be given. In parole revoca-
"declaratory statements. A declaratory statement tion hearings pursuant to ss. 949.10 and 949.11, rea-
shall set out the agency's opinion as to the applicabil- sonable notice of not less than 5 days shall be given.
ity of a specified statutory provision or of any rule or In hearings involving student disciplinary suspen-
order of the agency as it applies to the petitioner in sions or expulsions conducted by educational units,
his particular set of circumstances only. The agency the 14-day notice requirement may be waived by the
shall give notice of each petition and its disposition agency head or the hearing officer without the con-
in the Florida Administrative Weekly, except that sent of the parties. The notice shall include:
educational units shall give notice in the same man- a. A statement of the time, place, and nature of
ner as provided for rules in s. 120.54(1)(a), and trans- the hearing.
mit copies of each petition and its disposition to the b. A statement of the legal authority and juris-
committee. Agency disposition of petitions shall be diction under which the hearing is to be held.
final agency action. c. A reference to the particular sections of the
History.-s. 6, ch. 75-191; s. 7, ch. 76-131; s. 5, ch. 78-425; s. 5, ch. 79-299. statutes and rules involved.
d. A short and plain statement of the matters
120.57 Decisions which affect substantial in- asserted by the agency and by all parties of record at
terests.-The provisions of this section shall apply the time notice is given. If the agency or any party
in all proceedings in which the substantial interests is unable to state the matters in sufficient detail at
of a party are determined by an agency. Unless the time initial notice is given, the notice may be
waived by all parties, subsection (1) shall apply limited to a statement of the issues involved, and
whenever the proceeding involves a disputed issue of thereafter, upon timely written application, a more
material fact. Unless otherwise agreed, subsection definite and detailed statement shall be furnished
(21 shall apply in all other cases. not less than 3 days prior to the date set for the
(1) FORMAL PROCEEDINGS.- hearing.
ta) A hearing officer assigned by the division 3. Except for proceedings conducted as pre-
shall conduct all hearings under this subsection, ex- scribed in s. 120.54(4) or s. 120.56, all petitions or
cept for: requests for hearings under this section shall be filed
1. Hearings before agency heads or a member with the agency. If the agency elects to request a
Thereof other than an agency head or a member of hearing officer from the division, it shall,notify the
an agency head within the Department of Profes- division within 10 days of receipt of the petition or
2. .Hearings before the Unemployment Appeals ficer and, with the concurrence of the division, set
Commission in unemployment compensation ap- the time, date, and place of the hearing. On request
peals, unemployment compensation appeals refer- of any agency, the division shall assign hearing offi-
S "s, special deputies pursuant to s. 443.15, and the cers with due regard to the expertise required for the
Public Service Commission or its examiners; particular matter. Any party may request the dis-
3. Hearings regarding drivers' licensing pursu- qualification of any hearing officer by filing an affi-
ant to chapter 322; davit with the division prior to the taking of evidence
4. Hearings conducted within the Department of at a hearing, stating the grounds with particularity.
Health and Rehabilitative Services in the execution 4. All parties shall have an opportunity to re- I
of those social and economic programs administered spond, to present evidence and argument on all is- I
1 by the former Division of Family Services of said sues involved, to conduct cross-examination and sub-
department prior to the reorganization effected by mit rebuttal evidence, to submit proposed findings of it
S chapter 75-48, Laws of Florida; facts and orders, to file exceptions to any order or
"5 Hearings in which the division is a party, in hearing officer's recommended order, and to be rep-
which case an attorney assigned by the Administra- resented by counsel. When appropriate, the general
-^^ on Commission shall be the hearing officer; public may be given an opportunity to present oral
6. Hearings which involve student disciplinary or written communications. If the agency proposes
i pensions or expulsions and which are conducted to consider such material, then all parties shall be
I tr educational units; given an opportunity to cross-examine or challenge
7. tIearings of the Public Employees Relations or rebut it.
S Commission in which a determination is made of the 5. The record in cases governed by this subsec-