December 05, 2020
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Amendment CaShTmL-042698.HTM
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1010
                        Barcode 042698
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Judiciary (Aronberg) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 2, lines 23 through 27, delete those lines
16  
17  and insert:  
18         Section 2.  Paragraphs (d) and (e) of subsection (3)
19  and paragraph (b) of subsection (5) of section 120.54, Florida
20  Statutes, are amended to read:
21         120.54  Rulemaking.--
22         (3)  ADOPTION PROCEDURES.--
23         (d)  Modification or withdrawal of proposed rules.--
24         1.  After the final public hearing on the proposed
25  rule, or after the time for requesting a hearing has expired,
26  if the rule has not been changed from the rule as previously
27  filed with the committee, or contains only technical changes,
28  the adopting agency shall file a notice to that effect with
29  the committee at least 7 days prior to filing the rule for
30  adoption.  Any change, other than a technical change that does
31  not affect the substance of the rule, must be supported by the
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    6:24 PM   03/29/05                           s1010c1c-ju27-t1a

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1010 Barcode 042698 1 record of public hearings held on the rule, must be in 2 response to written material received on or before the date of 3 the final public hearing, or must be in response to a proposed 4 objection by the committee. In addition, when any change is 5 made in a proposed rule, other than a technical change, the 6 adopting agency shall provide a copy of a notice of change by 7 certified mail or actual delivery to any person who requests 8 it in writing no later than 21 days after the notice required 9 in paragraph (a). The agency shall file the notice of change 10 with the committee, along with the reasons for the such 11 change, and provide the notice of change to persons requesting 12 it, at least 21 days prior to filing the rule for adoption. 13 The notice of change shall be published in the Florida 14 Administrative Weekly at least 21 days prior to filing the 15 rule for adoption. This subparagraph does not apply to 16 emergency rules adopted pursuant to subsection (4). 17 2. After the notice required by paragraph (a) and 18 prior to adoption, the agency may withdraw the rule in whole 19 or in part. 20 3. After adoption and before the effective date, a 21 rule may be modified or withdrawn only in response to an 22 objection by the committee or may be modified to extend the 23 effective date by not more than 60 days when the committee has 24 notified the agency that an objection to the rule is being 25 considered. 26 4. The agency shall give notice of its decision to 27 withdraw or modify a rule in the first available issue of the 28 publication in which the original notice of rulemaking was 29 published, shall notify those persons described in 30 subparagraph (a)3. in accordance with the requirements of that 31 subparagraph, and shall notify the Department of State if the 2 6:24 PM 03/29/05 s1010c1c-ju27-t1a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 1010 Barcode 042698 1 rule is required to be filed with the Department of State. 2 5. After a rule has become effective, it may be 3 repealed or amended only through the rulemaking procedures 4 specified in this chapter. 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 On page 1, line 6, after the semicolon, 10 11 insert: 12 requiring an agency to file a notice of change 13 with the Administrative Procedures Committee; 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 6:24 PM 03/29/05 s1010c1c-ju27-t1a
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