Florida Statute 120.536 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 120
ADMINISTRATIVE PROCEDURE ACT

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F.S. 120.536

120.536 Rulemaking authority; repeal; challenge.—

(1) A grant of rulemaking authority is necessary but not sufficient to allow an agency to adopt a rule; a specific law to be implemented is also required. An agency may adopt only rules that implement or interpret the specific powers and duties granted by the enabling statute. No agency shall have authority to adopt a rule only because it is reasonably related to the purpose of the enabling legislation and is not arbitrary and capricious or is within the agency’s class of powers and duties, nor shall an agency have the authority to implement statutory provisions setting forth general legislative intent or policy. Statutory language granting rulemaking authority or generally describing the powers and functions of an agency shall be construed to extend no further than implementing or interpreting the specific powers and duties conferred by the enabling statute.

(2) Unless otherwise expressly provided by law:

(a) The repeal of one or more provisions of law implemented by a rule that on its face implements only the provision or provisions repealed and no other provision of law nullifies the rule. Whenever notice of the nullification of a rule under this subsection is received from the committee or otherwise, the Department of State shall remove the rule from the Florida Administrative Code as of the effective date of the law effecting the nullification and update the historical notes for the code to show the rule repealed by operation of law.

(b) The repeal of one or more provisions of law implemented by a rule that on its face implements the provision or provisions repealed and one or more other provisions of law nullifies the rule or applicable portion of the rule to the extent that it implements the repealed law. The agency having authority to repeal or amend the rule shall, within 180 days after the effective date of the repealing law, publish a notice of rule development identifying all portions of rules affected by the repealing law, and if no notice is timely published the operation of each rule implementing a repealed provision of law shall be suspended until such notice is published.

(c) The repeal of one or more provisions of law that, other than as provided in paragraph (a) or paragraph (b), causes a rule or portion of a rule to be of uncertain enforceability requires the Department of State to treat the rule as provided by s. 120.555. A rule shall be considered to be of uncertain enforceability under this paragraph if the division notifies the Department of State that a rule or a portion of the rule has been invalidated in a division proceeding based upon a repeal of law, or the committee gives written notification to the Department of State and the agency having power to amend or repeal the rule that a law has been repealed creating doubt about whether the rule is still in full force and effect.

(3) The Administrative Procedures Committee or any substantially affected person may petition an agency to repeal any rule, or portion thereof, because it exceeds the rulemaking authority permitted by this section. Not later than 30 days after the date of filing the petition if the agency is headed by an individual, or not later than 45 days if the agency is headed by a collegial body, the agency shall initiate rulemaking proceedings to repeal the rule, or portion thereof, or deny the petition, giving a written statement of its reasons for the denial.

(4) Nothing in this section shall be construed to change the legal status of a rule that has otherwise been judicially or administratively determined to be invalid.

(5) Unless otherwise expressly authorized by law, a rule may not include a provision whereby the entire rule, or a provision thereof, automatically expires or is repealed on a specific date or at the end of a specified period.

History.—s. 9, ch. 96-159; s. 3, ch. 99-379; s. 15, ch. 2000-151; s. 15, ch. 2005-2; s. 4, ch. 2008-104; s. 1, ch. 2012-31; s. 2, ch. 2025-189.

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Amendments to 120.536

Annotations, Discussions, Cases:

Cases Citing Statute 120.536

Total Results: 22

Miccosukee Tribe Of Indians Of Florida v. Florida State Athletic Commission

226 F.3d 1226

Court of Appeals for the Eleventh Circuit | Filed: Sep 26, 2000 | Docket: 1072024

Cited 34 times | Published

authority is subject to Florida's APA, see Fla. Stat. 120.536 and 120.54. In addition, in 1999, the Florida

ST. JOHNS RIVER v. Consolidated-Tomoka

717 So. 2d 72, 1998 WL 422566

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1681489

Cited 13 times | Published

statute. *78 These standards are restated in section 120.536(1), Florida Statutes (Supp.1996), which contains

STATE, BD. OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. Day Cruise Assoc., Inc.

794 So. 2d 696, 2001 Fla. App. LEXIS 12894, 2001 WL 1098261

District Court of Appeal of Florida | Filed: Sep 13, 2001 | Docket: 1737883

Cited 12 times | Published

section 120.52(8) and parallel language in section 120.536(1), by replacing the phrase "particular powers

Kennel Club v. Dept. of Business

719 So. 2d 1210, 1998 WL 552426

District Court of Appeal of Florida | Filed: Sep 2, 1998 | Docket: 1352093

Cited 5 times | Published

exercise of delegated legislative authority. In section 120.536, Florida Statutes (Supp. 1996), the legislature

Whiley v. Scott

79 So. 3d 702, 36 Fla. L. Weekly Supp. 451, 2011 Fla. LEXIS 1900, 2011 WL 3568804

Supreme Court of Florida | Filed: Aug 16, 2011 | Docket: 60305373

Cited 4 times | Published

there must be a specific law to be implemented. § 120.536(1), Fla. Stat. (2010). “Rulemaking authority”

GRABBA-LEAF, LLC v. Department of Business and Professional etc.

257 So. 3d 1205

District Court of Appeal of Florida | Filed: Nov 6, 2018 | Docket: 8139852

Cited 3 times | Published

and duties granted by the enabling statute.” § 120.536(1), Fla. Stat. (2018). No agency has “the authority

Florida Carry, Inc. v. University of North Florida

133 So. 3d 966, 2013 WL 6480789, 2013 Fla. App. LEXIS 19600

District Court of Appeal of Florida | Filed: Dec 10, 2013 | Docket: 60238981

Cited 3 times | Published

as authorized by the Florida Legislature. See § 120.536, Fla. Stat. (2011). An agency has no legislative

DEPT. OF BUSINESS v. Calder Race Course

724 So. 2d 100, 1998 WL 422515

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1410625

Cited 2 times | Published

amendments to section 120.52(8) and the creation of section 120.536(1), Florida Statutes. Under the current law

Robinson v. Stewart

161 So. 3d 589, 2015 Fla. App. LEXIS 871, 2015 WL 292481

District Court of Appeal of Florida | Filed: Jan 23, 2015 | Docket: 60247218

Cited 1 times | Published

1996)). The identical language was included in section 120.536(1), Florida Statutes (Supp. 1996). See Ch.

Subirats v. Fidelity National Property

106 So. 3d 997, 2013 WL 616602, 2013 Fla. App. LEXIS 2620

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228531

Cited 1 times | Published

when there is a specific law to be implemented. § 120.536(1), Fla. Stat. (2009) (“An agency may adopt only

Florida Elections Commission v. Blair

52 So. 3d 9, 2010 Fla. App. LEXIS 18651, 2010 WL 4967709

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 235627

Cited 1 times | Published

duties conferred by the enabling statute. Accord § 120.536(1), Fla. Stat. In construing this language, we

State v. Montello

867 So. 2d 613, 2004 WL 432748

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 1386360

Cited 1 times | Published

*616 duties granted by the enabling statute." § 120.536(1), Fla. Stat. (2002). To implement Bodden's requirement

Christopher Pretzer v. Rick Swearingen, individually and in his official capacity, and Florida Department of Law Enforcement

District Court of Appeal of Florida | Filed: Jul 19, 2024 | Docket: 68958703

Published

very least, an enabling statute is required. See § 120.536(1), Fla. Stat. (“An agency may adopt only rules

ORLANDO HEALTH CENTRAL, Inc. v. Agency For Health Care Administration

252 So. 3d 849

District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 7587955

Published

the term in section 120.536, when discussing rules of “uncertain enforceability.” § 120.536(2)(c), Fla

Seminole Tribe of Florida v. Florida

219 F. Supp. 3d 1177, 2016 U.S. Dist. LEXIS 155708, 2016 WL 6637706

District Court, N.D. Florida | Filed: Nov 9, 2016 | Docket: 64311311

Published

narrowly than most jurisdictions. See Fla. Stat. § 120.536; see also Dep’t of Bus. & Prof'l Regulation v

Seminole Tribe of Florida v. Florida

219 F. Supp. 3d 1177, 2016 U.S. Dist. LEXIS 155708, 2016 WL 6637706

District Court, N.D. Florida | Filed: Nov 9, 2016 | Docket: 64311311

Published

narrowly than most jurisdictions. See Fla. Stat. § 120.536; see also Dep’t of Bus. & Prof'l Regulation v

United Faculty of Florida v. Florida State Board of Education

157 So. 3d 514

District Court of Appeal of Florida | Filed: Feb 15, 2015 | Docket: 2634477

Published

agency’s rulemaking authority is constrained by section 120.536(1) and the so-called “flush-left paragraph”

G. B., Z.L., through his guardian K.L. v. Agency For Persons With Disabilities

143 So. 3d 454

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 378014

Published

Legislature’s purpose or statutory provisions. § 120.536(1), Fla. Stat. The Agency’s rule and interpretation

Diaz & Russell Corp. v. Department of Business & Professional Regulation

140 So. 3d 662, 2014 WL 2199757, 2014 Fla. App. LEXIS 8113

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60241569

Published

Board may, consistent with the requirements of section 120.536, Florida Statutes (2013), promulgate admin*666istrative

Ago

Florida Attorney General Reports | Filed: Dec 29, 2010 | Docket: 3256148

Published

to the manner in which it is punctuated.4 Section 120.536, Florida Statutes, requires that there be a

Miccosukee Tribe v. Florida State Athletic Comm.

Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 2000 | Docket: 75567

Published

commission has authority to adopt rules pursuant to § 120.536(1) and 120.54 [of the Administrative Procedure

Miccosukee Tribe of Indians v. Florida State Athletic Commission

226 F.3d 1226, 2000 WL 1288675

Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 2000 | Docket: 767554

Published

commission has authority to adopt rules pursuant to § 120.536(1) and 120.54 [of the Administrative Procedure