The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . . § 120.54(1), Fla. Stat. . . .
. . . See § 120.54, Fla. Stat. . . . rulemaking is required only for agency statements intended "by their own effect " to make law: [T]he Section 120.54 . . .
. . . (ii) In an appeal from a rule adoption pursuant to sections 120.54 (rule adoption) and or 120.68(9), . . . on the proposed rule; the written comments and responses to written comments as required by sections 120.54 . . . Statutes (statement of estimated regulatory costs) ; all notices and findings made pursuant to section 120.54 . . . all materials filed by the agency with the Administrative Procedures Committee pursuant to section 120.54 . . . Statutes (rule adoption procedure) ; all materials filed with the Department of State pursuant to section 120.54 . . .
. . . Stat. (2014). (2) § 120.53 120.54, Fla. Stat. (Supp. 1974 1998 ). (g) Florida Statutes Annotated. . . .
. . . danger, necessity, and procedural fairness on which the rules are based are insufficient under section 120.54 . . . We have jurisdiction pursuant to section 120.54(4)(a) 3., Florida Statutes. See also Little v. . . . Section 120.54(4)(a) provides an agency with the authority to adopt an emergency rule if it "finds that . . . Instead, the concern is whether the agency followed the requirements of section 120.54(4)(a)." Fla. . . . As stated above, section 120.54(4)(a) requires the agencies to set forth the reasons, in writing, both . . . See § 120.54(4), Fla. Stat. (2017). . . . See § 120.54(4)(a), Fla. Stat. . . . for concluding the procedure it used was fair under the circumstances, which is required by section 120.54 . . . ANALYSIS Section 120.54(4)(a) provides an agency with the authority to adopt an emergency rule if it . . . Section 120.54(4)(a) requires the agencies to set forth in writing their reasons for finding that an . . .
. . . statement that is an unadopted rule may seek an administrative determination that the statement violates s. 120.54 . . .
. . . See § 120.54(5)(a)1., Fla. . . .
. . . Because the statutory process for amending or promulgating a Rule is difficult, see § 120.54, Fla. . . .
. . . Indeed, "section 120.54(4) 'was intended to create an opportunity for a citizen initiated check on rule . . .
. . . challenge on appeal the ALJ’s conclusion that the rule was invalid for failure to comply with section 120.54 . . .
. . . for a petition to be filed "within 20 days after the date of publication of the notice required by s. 120.54 . . .
. . . Compensation Claims (OJCC) to take action on the petition to initiate rule-making he filed under section 120.54 . . .
. . . rule-must be filed at DOAH within: [1] 21 days after the date of publication of the notice required by s. 120.54 . . . (3)(a); [2] 10 days after the final public hearing is held on the proposed rule as provided by s. 120.54 . . . provided in s. 120.541(l)(d); or [4] 20 days after the date of publication of the notice required by s. 120.54 . . .
. . . Board also filed the rule amendment with the Department of State for adoption, pursuant to section 120.54 . . . See §§ 120.54(3)(d)3., Fla. Stat. . . . (governing modification and withdrawal of rules at various procedural stages); 120.54(3)(e)5.-6., Fla . . . Section 120.54(3)(d), Florida Statutes, addresses modification and withdrawal of proposed rules. . . . . § 120.54(3)(d)3.c., Fla. Stat. . . .
. . . The term also includes any denial of a request made under s. 120.54(7).” § 120.52(2), Fla. . . . Superseded on other grounds by statute, § 120.54(1)(a), Fla. Stat. . . .
. . . Section .120.54(5), Florida Statutes (2016), requires the Administration Commission to adopt uniform . . . Commission has not approved it as an exception to the time deadline set forth in rule 28-106.104(3). § 120.54 . . . Saulter, 742 So.2d 368, 369-70 (Fla. 1st DCA 1999) (characterizing effect of section 120.54(5)(a) as . . .
. . . action occurred pursuant to an un-promulgated rule: All proceedings to determine a violation of s. 120.54 . . .
. . . See § 120.54(l)(a), Fla. . . . petition could only be addressed by rulemaking, it should have petitioned for rulemaking under section 120.54 . . . rule, the agency should either decline to issue the statement or comply with the provisions of Section 120.54 . . .
. . . .” § 120.54(6). . . .
. . . (“The commission shall adopt rules under [§§ ] 120.536(1) and 120.54 [Florida Statutes] to develop and . . . See § 120.54(3)(a) (requiring public notice and opportunity to comment before rulemak-ing). . . .
. . . . — The State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 which establish . . . initially enacted) provided: The State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 . . .
. . . definition of the term ‘rule,’ but that has not been adopted pursuant to the requirements of’ section 120.54 . . .
. . . .” § 120.54(l)(a). . But see Fears v. . . .
. . . Statutes, is a “rule” that has not been adopted pursuant to the rulemaking process in violation of section 120.54 . . . adopted in public, through the transparent process of the rulemaking procedure set forth in section 120.54 . . . As such, it violates section 120.54(l)(a). . . . the definition of the term ‘rule,’ but that has not been adopted pursuant to the requirements of s. 120.54 . . . Stat.; see also § 120.54(l)(a), Fla. Stat. . . .
. . . letter was in substantial compliance with the requirements of a “petition” as specified in section 120.54 . . . (Fla. 5th DCA 2001), in arguing that her August 6 letter was in substantial compliance with section 120.54 . . . we ruled: “[E]ven if [the] letter was a deficient petition for administrative hearing under section 120.54 . . .
. . . The Department was granted the “authority to adopt rules pursuant to [sections] 120.536(1) and 120.54 . . .
. . . (b) The agency has exceeded its grant of rulemaking authority, citation to which is required by s. 120.54 . . . Authority to prescribe rules.— The Chief Financial Officer may adopt rules pursuant to ss. 120.536(1) and 120.54 . . .
. . . (b) The agency has exceeded its grant of rulemaking authority, citation to which is required by s. 120.54 . . . modifies, or contravenes the specific provisions of law implemented, citation to which is required by s. 120.54 . . .
. . . services because it was not adopted as a rule through the rulemaking procedures required by section 120.54 . . . J.S. sought a determination that APD’s agency statement was an unadopted rule in violation of section 120.54 . . . the parties agreed that the agency statement constituted an unadopted rule in violation of section 120.54 . . . Section 120.54(l)(a), Florida Statutes (2009), provides that “each agency statement defined as a rule . . . ) was filed and that the agency failed to publish the required notice of rulemak-ing pursuant to s. 120.54 . . .
. . . Likewise, the Uniform Rules developed by the Division of Administrative Hearings pursuant to section 120.54 . . .
. . . See § 120.54(5)(a), Fla. Stat. (2010). . . .
. . . . § 120.54(7), Fla. Stat. (2010). . . . . § 120.54(2)(e), Fla. Stat. . . . Stat.; § 120.54(3)(e)5., Fla. Stat. . . . See § 120.54(l)(k), Fla. Stat. . . . (3)(e)l and 120.54(3)(e)6. . . . See § 120.54(3)(a)(1), Fla. . . . See § 120.54(2), Fla. Stat. (2010). . . . See § 120.54(3)(a), Fla. Stat. (2010). . . . See § 120.54(3)(c), Fla. Stat. (2010). . . . See § 120.54(4), Fla. Stat. (2010). . . .
. . . Association. (5) The Department of Environmental Protection may adopt rules pursuant to ss. 120.536(1) and 120.54 . . .
. . . Section 120.54(5)(b)4, Florida Statutes (2010), provides that a petition for administrative hearing must . . . petition shall be dismissed if it is not in substantial compliance with [the requirements of section 120.54 . . . Even if his letter was a deficient petition for administrative hearing under section 120.54(5)(b)4, the . . .
. . . Moreover, section 185.23(2) authorizes the DOR “to adopt rules pursuant to ss. 120.536(1) and 120.54 . . .
. . . 395.1055(l)(a) provides as follows: (1) The agency shall adopt rules pursuant to ss. 120.536(1) and 120.54 . . .
. . . documents, policies, and procedures are not subject to the rulemaking requirements set forth in section 120.54 . . . of a viatical settlement provider’s business constitute unpromulgated rules in violation of section 120.54 . . . meets the Chapter 120 definition of a rule, but which has not been promulgated in accord with section 120.54 . . .
. . . prescribed by the Secretary of State. (7) The Department of State may adopt rides in accordance with s. 120.54 . . . Pursuant to the bounded rule-making authority conferred by sections 100.371(7) and 120.54, Florida Statutes . . . prescribed by the Secretary of State. (7) (§) The Department of State may adopt rules in accordance with s. 120.54 . . .
. . . whether “[t]he agency has exceeded its grant of rulemaking authority, citation to which is required by s. 120.54 . . . modifies, or contravenes the specific provisions of law implemented, citation to which is required by s. 120.54 . . .
. . . modifies, or contravenes the specific provisions of law implemented, citation to which is required by s. 120.54 . . .
. . . that the challenged agency statement constitutes a rule which has not been adopted pursuant to section 120.54 . . .
. . . that held that a formula used by AHCA to calculate overpayments to Medicaid providers violated section 120.54 . . . stipulated that the formula has not been adopted as a rule pursuant to the procedures set forth in Section 120.54 . . . issued a final order on August 23, 2007, holding that the cluster sampling formula violates Section 120.54 . . .
. . . request for hearing shall include those items required by the uniform rules adopted pursuant to s. 120.54 . . .
. . . petition to compel the Board to adopt a rule allowing his reapplication for licensure, under section 120.54 . . .
. . . enforce the provisions of this chapter and has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 . . .
. . . file a petition asserting that the policy is invalid in violation of the rulemaking requirement of- 120.54 . . .
. . . . § 120.54(l)(a), Fla. . . .
. . . 120.57 is “to avoid any appearance of requiring a substantially affected party to initiate duplicative 120.54 . . .
. . . or mailing required by s. 101.20. (6) The Department of State may adopt rules in accordance with s. 120.54 . . .
. . . may be invalidated before becoming effective only by filing a rule challenge proceeding under section 120.54 . . . (4), Florida Statutes (1987), or initiating a drawout proceeding authorized in section 120.54(17), Florida . . .
. . . a de facto agency rule that has not been adopted under the proper rulemaking procedures of section 120.54 . . .
. . . Stat. (2005) (explaining that prisoners may petition to initiate rule-making pursuant to section 120.54 . . .
. . . recommendation constituted a rule, but concedes that, if it does, it was not adopted in compliance with section 120.54 . . .
. . . Law Judge found the Financial Services Commission failed to fulfill its statutory duty under section 120.54 . . . The agency head is required by section 120.54(3)(a) to approve proposed rules pri- or to their publication . . .
. . . defined by s. 944.02, [who] shall not be considered parties in any proceedings other than those under s. 120.54 . . .
. . . emergency rule 61DER05-1 is based, are insufficient to justify emergency rulemaking pursuant to section 120.54 . . . We have jurisdiction to review an emergency rule promulgated by an administrative agency, see § 120.54 . . . the emergency rule; rather, the concern is whether the agency followed the requirements of section 120.54 . . . Section 120.54(4)(a), Florida Statutes (2005), provides that, where an administrative agency finds that . . . or welfare and its reasons for concluding that the procedure used is fair under the circumstances. § 120.54 . . .
. . . . § 120.54(l)(b), which requires administrative regulations be in place within 180 days of the enactment . . . Section 120.54(1)(b) merely gives direction and procedural deadlines to state agencies; it does not grant . . .
. . . [t]he agency has exceeded its grant of rulemaking authority, citation to which is required by s. 120.54 . . . modifies, or contravenes the specific provisions of law implemented, citation to which is required by s. 120.54 . . .
. . . (E)In an appeal from a rule adoption pursuant to sections 120.54 (rule adoption) and 120.68(9), Florida . . . on the proposed rule; the written comments and responses to written comments as required by sections 120.54 . . . all materials filed by the agency with the Administrative Procedures Committee pursuant to section 120.54 . . . Subdivision (c)(2)(E) of the rule addresses proceedings governed by sections 120.54 and 120.68(9), Florida . . . The definition of the rulemaking record tracks language in section 120.54(8), Florida Statutes. . . .
. . . .” § 120.54(3)(a)(l.), Florida Statutes (2003); see also Osterback v. . . . Sch., 510 So.2d 1028, 1030 (Fla. 1st DCA 1987) (“In further contravention of § 120.54, the legal authority . . . (b) The agency has exceeded its grant of rulemaking authority, citation to which is required by s. 120.54 . . . modifies, or contravenes the specific provisions of law implemented, citation to which is required by s. 120.54 . . .
. . . More generally of course, section 120.54(l)(a), Florida Statutes (2003) clearly states, “Rulemaking is . . .
. . . necessity, and procedural fairness on which Emergency Rule 1SER04-1 is based are insufficient under section 120.54 . . . Section 120.54(4)(a)3 provides that an “agency’s findings of immediate danger, necessity, and procedural . . . Instead, the concern is whether the agency followed the requirements of section 120.54(4)(a). . . . deem the reasons given by the Department to be in compliance with the standard set forth in section 120.54 . . . the following question, which we consider to be of great public importance: WHETHER, UNDER SECTION 120.54 . . . Section 120.54(4), Florida Statutes sets out strict requirements for emergency rules. . . . that this was the kind of “procedural fairness” the Legislature had in mind when it enacted section 120.54 . . . , I believe that the Department has failed to meet the “procedural fairness” requirement of section 120.54 . . . As the majority correctly notes, review of an emergency rule under section 120.54(4) is limited to procedural . . . The emergency rule will expire by operation of law after 90 days, see § 120.54(4)(c), but the Department . . .
. . . Stat. ch. 120.54. . . .
. . . (E)In an appeal from a rule adoption pursuant to sections 120.54 (rule adoption) and 120.68(9), Florida . . . on the proposed rule; the written comments and responses to written comments as required by sections 120.54 . . . all materials filed by the agency with the Administrative Procedures , Committee pursuant to section 120.54 . . . Subdivision (c)(2)(E) of the rule addresses proceedings governed by sections 120.54 and 120.68(9), Florida . . . The definition of the ralemaking record tracks language in section 120.54(8), Florida Statutes. . . .
. . . (b) The agency has exceeded its grant of rulemaking authority, citation to which is required by s. 120.54 . . . modifies, or contravenes the specific provisions of law implemented, citation to which is required by s. 120.54 . . .
. . . (b) The agency has exceeded its grant of rulemaking authority, citation to which is required by s. 120.54 . . . modifies, or contravenes the specific provisions of law implemented, citation to which is required by s. 120.54 . . .
. . . Specifically, section 120.54(7), Florida Statutes (2000), requires that: Each rule adopted shall be accompanied . . .
. . . See § 120.54(3), Fla. Stat. (2003); see also State v. . . . Section 120.54(3) provides in pertinent part: (3) Adoption procedures.— (a) Notices.— 1.Prior to the . . .
. . . request for hearing shall include those items required by the uniform rules adopted pursuant to s. 120.54 . . .
. . . petitions to review 120.57 proceedings because petitioner did not ‘exhaust’ the rule-challenge remedies of 120.54 . . .
. . . Reversed and remanded for petitioner to file an amended petition for hearing in compliance with section 120.54 . . .
. . . Reversed and remanded for petitioner to file an amended petition for hearing in compliance with section 120.54 . . .
. . . Reversed and remanded for petitioner to file an amended petition for hearing in compliance with section 120.54 . . .
. . . Reversed and remanded for petitioner to file an amended petition for hearing in compliance with section 120.54 . . .
. . . Reversed and remanded for petitioner to file an amended petition for hearing in compliance with section 120.54 . . .
. . . Ultimately, the ALJ determined that AHCA’s actions had violated section 120.54(l)(a), Florida Statutes . . . (4)(a) provides, “[U]pon entry of a final order that all or part of an agency statement violates s. 120.54 . . . agency [non-rule] statement may seek an administrative determination that the statement violates s. 120.54 . . .
. . . De-bose, the Commission relied on its procedural rules, not the Uniform Rules adopted pursuant to Section 120.54 . . . See Section 120.54(5)(a)l. . . . See Section 120.54(5)(a)3. . . . Saulter, 742 So.2d 368, 369-70 (Fla. 1st DCA 1999) (characterizing the effect of Section 120.54(5)(a) . . .
. . . evidential breath testing instruments in Florida constitute a rule, and the FDLE is in violation of § 120.54 . . . Pursuant to section 120.54(3), Florida Statutes (1999), prior to the adoption of a rule the agency must . . . that these statements and policies have not been adopted or proposed as rules, contrary to section 120.54 . . . relevant part: Prior to entry of a final order that all or part of an agency statement violates s. 120.54 . . . (l)(a), if an agency publishes, pursuant to s. 120.54(3)(a), proposed rules which address the statement . . .
. . . for administrative hearing, constitute substantial compliance with the requirements of subparagraph 120.54 . . . Section 120.54, Florida Statutes (2003), provides in pertinent part: (5) Uniform rules.— (a)l. . . . request for hearing shall include those items required by the uniform rules adopted pursuant to s. 120.54 . . . In 1998, the Florida Legislature amended section 120.54 to add subpara-graph (5)(b)4. . . . Section 120.569, was likewise amended at that time to reflect the mandatory nature of section 120.54. . . .
. . . the purposes, policies, and provisions of the code and to adopt rules pursuant to ss. 120.536(1) and 120.54 . . .
. . . is undisputed that the FCC’s news distortion policy has never been “adopted” as defined by section 120.54 . . . See § 120.54. . . .
. . . 120.52 and that the agency has not adopted the statement by the rulemaking procedure provided by s. 120.54 . . . (l)(a), if an agency publishes, pursuant to s. 120.54(3)(a), proposed rules which address the statement . . . requesting the parties to advise whether the District had complied with the requirements of sections 120.54 . . . (3)(a) and 120.54(4)(e). . . . When section 120.54(l)(a) is read together with section 120.56(4), it becomes clear that the purpose . . .
. . . allegations in the administrative complaint were in fact un-promulgated rules prohibited by section 120.54 . . .
. . . In this administrative appeal, the sole issue properly before us is whether, as required by section 120.54 . . .
. . . section, except for paragraph (l)(d). (3) The Department of State may adopt rules in accordance with s. 120.54 . . .
. . . (E) In an appeal from a rule adoption pursuant to sections 120.54 (rule adoption) and 120.68(9), Florida . . . on the proposed rule; the written comments and responses to written comments as required by sections 120.54 . . . all materials filed by the agency with the Administrative Procedures Committee pursuant to section 120.54 . . . Subdivision (c)(2)(E) of the rule addresses proceedings governed by sections 120.54 and 120.68(9), Florida . . . The definition of the rulemaking record tracks language in section 120.54(8), Florida Statutes. . . .
. . . The order further stated that the Accardis’ petition did not comply with section 120.54(5)(b)4, Florida . . .
. . . Because the department complied with section 120.54(7)(a), Florida Statutes (2000), by denying Caldwell . . .
. . . cumulative impacts rule in section 12.2.8, Applicant Handbook, was an una-dopted rule that violated section 120.54 . . . modifies, or contravenes the specific provisions of law ¡in-plemented, citation to which is required bys. 120.54 . . . Section 120.54(l)(a), Florida Statutes (1999) provides: Rulemaking is not a matter of agency discretion . . .
. . . . § 120.52(12)(b) and thus are “substantially affected persons” within the meaning of § 120.54(4). . . .
. . . (b) The agency has exceeded its grant of rulemaking authority, citation to which is required by s. 120.54 . . . modifies, or contravenes the specific provisions of law implemented, citation to which is required by s. 120.54 . . . [t]he agency has exceeded its grant of rulemaking authority, citation to which is required by s. 120.54 . . . modifies, or contravenes the specific provisions of law implemented, citation to which is required by s. 120.54 . . .
. . . the sponsor and approved by the Secretary of State in accordance with rules adopted pursuant to s. 120.54 . . .
. . . See § 120.54(5)(b)4., Fla. . . . request for hearing shall include those items required by the uniform rules adopted pursuant to s. 120.54 . . .
. . . See § 120.54(3)(a)l„ Fla. Stat. (1999). 1. . . . of the Internal Improvement Trust Fund has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 . . . of the Florida Statutes or the Laws of Florida being implemented, interpreted, or made specific.” § 120.54 . . . ; (b)The agency has exceeded its grant of rulemaking authority, citation to which is required by s. 120.54 . . . modifies, or contravenes the specific provisions of law implemented, citation to which is required by s. 120.54 . . .
. . . APA was raised below with regards to whether (1) the 1900 foot buffer zone policy violates section 120.54 . . . affected by an agency statement may seek an administrative determination that the statement violates s. 120.54 . . . .... and that the agency has not adopted the statement by the rulemak-ing procedure provided by s. 120.54 . . .
. . . See § 120.54(7), Fla. Stat. (1995). . . .
. . . request for hearing shall include those items required by the uniform rules adopted pursuant to s. 120.54 . . . Furthermore, section 120.54(5)(b)4, Florida Statutes (1999), requires an agency to pass uniform rules . . . Section 120.54(5)(b)4 provides that' the petition must include: a. . . . of disputed facts and his letter was sufficient to meet the minimum requirements listed in section 120.54 . . . in the record on appeal, we assume that McIntyre had to meet the minimum requirements under section 120.54 . . .
. . . REVERSE the order’s determinations that the District did not meet the “good faith” requirement of section 120.54 . . .
. . . other parties filed numerous petitions for administrative proceedings pursuant to sections 120.535, 120.54 . . . Statutes (Supp. 1996), but that it has not been adopted by the rule-making procedure mandated by section 120.54 . . . 3.1, the ALJ found that “consistency with State Water Policy is not properly resolved under sections 120.54 . . . The incorporation by reference was pursuant to section 120.54(8), Florida Statutes (1993), now authorized . . . in substantially similar form by section 120.54(l)(i), Florida Slat-utes (1999). . . . .
. . . In turn, section 120.54(l)(a) provides that “[e]ach agency statement defined as a rule by s. 120.52 shall . . . difficult or time consuming for the School Board to formally adopt this policy by compliance with section 120.54 . . .