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Joint Administrative Procedures Committee, Florida State Legislature

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The Administrative Procedures Committee is a joint committee of the Florida Legislature.

Per the Joint Rules, joint committees of the Florida State Legislature are assigned by the Speaker in the House and by the President in the Senate. The President of the Senate shall appoint a member of the Senate to serve as the chair, and the Speaker shall appoint a member of the House to serve as vice-chair for the Legislative Auditing Committee, the Committee on Public Counsel Oversight and the Administrative Procedures Committee. The chair and vice-chair of these committees will serve from the organization session until noon on December 1 of the calendar year following the general election. The Speaker shall appoint a member of the House to serve as the chair, and the President of the Senate shall appoint a member of the Senate to serve as vice chair for the Legislative Auditing Committee, the Committee on Public Counsel Oversight and the Administrative Procedures Committee.[1] The chair and vice-chair of these committees will serve from the organization session until noon on December 1 of the calendar year following the general election. The majority of members in each house make up a joint committees quorum.[2]

DocumentIcon.jpg See rules: Joint Rules 2012-2014

Function

The Administrative Procedures Committee shall:
(1) Maintain a continuous review of the statutory authority on which each administrative rule is based and, whenever such authority is eliminated or significantly changed by repeal, amendment, holding by a court of last resort, or other factor, advise the agency concerned of the fact.
(2) Maintain a continuous review of administrative rules and identify and request an agency to repeal any rule or any provision of any rule that reiterates or paraphrases any statute or for which the statutory authority has been repealed.
(3) Review administrative rules and advise the agencies concerned of its findings.
(4) Exercise the duties prescribed by chapter 120, Florida Statutes, concerning the adoption and promulgation of rules.
(5) Generally review agency action pursuant to the operation of chapter 120, Florida Statutes, the Administrative Procedure Act.
(6) Report to the President of the Senate and the Speaker of the House of Representatives at least annually, no later than the first week of the regular session, and recommend needed legislation or other appropriate action. Such report shall include the number of objections voted by the committee, the number of suspensions recommended by the committee, the number of administrative determinations filed on the invalidity of a proposed or existing rule, the number of petitions for judicial review filed on the invalidity of a proposed or existing rule, and the outcomes of such actions. Such report shall also include any recommendations provided to the standing committees during the preceding year under subsection (11).
(7) Consult regularly with legislative standing committees that have jurisdiction over the subject areas addressed in agency proposed rules regarding legislative authority for the proposed rules and other matters relating to legislative authority for agency action.
(8) Subject to the approval of the President of the Senate and the Speaker of the House of Representatives, have standing to seek judicial review, on behalf of the Legislature or the citizens of this state, of the validity or invalidity of any administrative rule to which the committee has voted an objection and that has not been withdrawn, modified, repealed, or amended to meet the objection. Judicial review under this subsection may not be initiated until the Governor and the head of the agency making the rule to which the committee has objected have been notified of the committee’s proposed action and have been given a reasonable opportunity, not to exceed 60 days, for consultation with the committee. The committee may expend public funds from its appropriation for the purpose of seeking judicial review.
(9) Maintain a continuous review of the administrative rulemaking process, including a review of agency procedure and of complaints based on such agency procedure.
(10) Establish measurement criteria to evaluate whether agencies are complying with the delegation of legislative authority in adopting and implementing rules.
(11) Maintain a continuous review of statutes that authorize agencies to adopt rules and shall make recommendations to the appropriate standing committees of the Senate and the House of Representatives as to the advisability of considering changes to the delegated legislative authority to adopt rules in specific circumstances.[3][4]

Membership

2013-2014

The following tables describe committee membership at the beginning of the 2013 legislative session.

House

Joint Administrative Procedures Committee Members, 2013
Democratic members (2)Republican members (4)
Dave KernerMike Fasano, Alternating Chair
Hazelle P. RogersDouglas Broxson
Charles David Hood
George Moraitis

Senate

Joint Administrative Procedures Committee Members, 2013
Democratic members (2)Republican members (3)
Dwight BullardRene Garcia, Alternating Chair
Geraldine F. ThompsonNancy Detert
Miguel Diaz de la Portilla

2011-2012

The following tables describe committee membership at the beginning of the 2011 legislative session.

House

Senate

External links

References