Florida Statute 120.536 | Lawyer Caselaw & Research

The 2024 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of one or more provisions of law implemented by a rule that on its face implements only the provision or provisions repealed and no other provision of law nullifies the rule.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the effective date of the law effecting the nullification and update the historical notes for the code to show the rule repealed by operation of law.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repeal of one or more provisions of law implemented by a rule that on its face implements the provision or provisions repealed and one or more other provisions of law nullifies the rule or applicable portion of the rule to the extent that it implements the repealed law.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of rules affected by the repealing law, and if no notice is timely published the operation of each rule implementing a repealed provision of law shall be suspended until such notice is published.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.

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.

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Amendments to 120.536

Arrestable Offenses / Crimes under Fla. Stat. 120.536

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 120.536.

Annotations, Discussions, Cases:

Cases Citing Statute 120.536

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2024-07-19

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

Susan Snyder v. Florida Prepaid College Board

Court: District Court of Appeal of Florida | Date Filed: 2019-03-13

Citation: 269 So. 3d 586

Snippet: administrative rulemaking process. See §§ 120.52(8), 120.536, 1009.971(4)(aa) Fla. Stat. (2018). The preamble

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

Court: District Court of Appeal of Florida | Date Filed: 2018-11-06

Citation: 257 So. 3d 1205

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-08-03

Citation: 252 So. 3d 849

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

Keddo Enterprises, LLC v. Florida Building Commission

Court: District Court of Appeal of Florida | Date Filed: 2015-09-04

Citation: 175 So. 3d 346, 2015 Fla. App. LEXIS 13197, 2015 WL 5163747

Snippet: (“The commission shall adopt rules under [§§ ] 120.536(1) and 120.54 [Florida Statutes] to develop and

United Faculty of Florida v. Florida State Board of Education

Court: District Court of Appeal of Florida | Date Filed: 2015-02-15

Citation: 157 So. 3d 514

Snippet: rulemaking authority is constrained by section 120.536(1) and the so-called “flush-left paragraph” in

Robinson v. Stewart

Court: District Court of Appeal of Florida | Date Filed: 2015-01-23

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

Snippet: of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 which establish uniform procedures

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

Court: District Court of Appeal of Florida | Date Filed: 2014-07-30

Citation: 143 So. 3d 454

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2014-05-28

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

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

Florida Carry, Inc. v. University of North Florida

Court: District Court of Appeal of Florida | Date Filed: 2013-12-10

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

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

Atwater v. City of Cape Coral

Court: District Court of Appeal of Florida | Date Filed: 2013-07-10

Citation: 120 So. 3d 595, 2013 WL 3449645

Snippet: “authority to adopt rules pursuant to [sections] 120.536(1) and 120.54 to implement the provisions of this

State, Department of Financial Services v. Peter R. Brown Construction, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2013-03-01

Citation: 108 So. 3d 723, 2013 WL 764965, 2013 Fla. App. LEXIS 3325

Snippet: Financial Officer may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this chapter and the

Subirats v. Fidelity National Property

Court: District Court of Appeal of Florida | Date Filed: 2013-02-20

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

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

Whiley v. Scott

Court: Supreme Court of Florida | Date Filed: 2011-08-16

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

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

Brown v. City of Vero Beach

Court: District Court of Appeal of Florida | Date Filed: 2011-06-29

Citation: 64 So. 3d 172, 2011 Fla. App. LEXIS 10188, 2011 WL 2555637

Snippet: Environmental Protection may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to administer this section

Ago

Court: Florida Attorney General Reports | Date Filed: 2010-12-29

Snippet: andoperating rules pursuant to the provisions ofss. 120.536 and 120.54 to administer the provisions of this

Florida Elections Commission v. Blair

Court: District Court of Appeal of Florida | Date Filed: 2010-12-08

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

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

City of St. Petersburg v. Remia

Court: District Court of Appeal of Florida | Date Filed: 2010-07-16

Citation: 41 So. 3d 322, 2010 Fla. App. LEXIS 10448, 2010 WL 2788287

Snippet: authorizes the DOR "to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of [chapter

Tarpon Springs Hospital Foundation, Inc. v. Reth

Court: District Court of Appeal of Florida | Date Filed: 2010-07-09

Citation: 40 So. 3d 823, 2010 Fla. App. LEXIS 10023, 2010 WL 2696290

Snippet: (1) The agency shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-08-27

Snippet: Florida Building Commission in accordance with ss. 120.536(1) and 120.54 and enforced by authorized state