Florida Statutes
Fla. Stat. § 120.536 (2025)
Rulemaking authority; repeal; challenge.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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of one or more provisions of law implemented by a rule that on its face implements only the provision or provisions repealed and no other provision of law nullifies the rule.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the effective date of the law effecting the nullification and update the historical notes for the code to show the rule repealed by operation of law.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repeal of one or more provisions of law implemented by a rule that on its face implements the provision or provisions repealed and one or more other provisions of law nullifies the rule or applicable portion of the rule to the extent that it implements the repealed law.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of rules affected by the repealing law, and if no notice is timely published the operation of each rule implementing a repealed provision of law shall be suspended until such notice is published.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.
Notes of Decisions
Cited in 20
cases (2 in the last 5 years), 1998–2026 · leading case: Whiley v. Scott, 79 So. 3d 702 (Fla. 2011).
Whiley v. Scott, 79 So. 3d 702 (Fla. 2011). “Section 120.536 provides in pertinent part as follows: (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.”
State, Bd. of Trs. of Internal Improvement Trust Fund v. Day Cruise Assoc., Inc., 794 So. 2d 696 (Fla. 1st DCA 2001). “" *703 The first sentence [of section 120.536] emphasizes that such a general grant is sufficient to allow an agency to adopt a rule only when relied upon in conjunction with a specific provision of law to be implemented.”
State v. Montello, 867 So. 2d 613 (Fla. 4th DCA 2004). “" § 120.536(1), Fla. Stat. (2002). To implement Bodden's requirement that urine testing be "approved" by FDLE, further legislation would be required to give FDLE the authority to promulgate rules.”
Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013). “See § 120.536, Fla. Stat. (2011). An agency has no legislative power of its own and is therefore dependent on the legislative branch of the government for a delegation of power.”
ST. JOHNS RIVER v. Consol.-Tomoka, 717 So. 2d 72 (Fla. 1st DCA 1998). “*78 These standards are restated in section 120.536(1), Florida Statutes (Supp.”
GRABBA-LEAF, LLC v. Dep't of Bus. & Prof'l etc., 257 So. 3d 1205 (Fla. 5th DCA 2018). “” § 120.536(1), Fla. Stat. (2018). No agency has “the authority to implement statutory provisions 17 setting forth general legislative intent or policy.”
Kennel Club v. Dept. of Bus., 719 So. 2d 1210 (Fla. 2d DCA 1998). “In section 120.536, Florida Statutes (Supp. 1996), the legislature amended the Administrative Procedures Act (APA) so that when adopting a rule an agency must now point to a specific law to be implemented.”
United Fac. of Florida v. Florida State Bd. of Educ., 157 So. 3d 514 (Fla. 1st DCA 2015). “The scope of an agency’s rulemaking authority is constrained by section 120.536(1) and the so-called “flush-left paragraph” in section 120.”
Subirats v. Fid. Nat'l Prop., 106 So. 3d 997 (Fla. 3d DCA 2013). “§ 120.536(1), Fla. Stat. (2009) (“An agency may adopt only rules that implement or interpret the specific powers and duties granted by the enabling statute.”
Diaz & Russell Corp. v. Dep't of Bus. & Prof'l Reg., 140 So. 3d 662 (Fla. 3d DCA 2014). “2055, Florida Statutes (2013), expressly provides that the Board may, consistent with the requirements of section 120.536, Florida Statutes (2013), promulgate admin *666 istrative rules to implement the relevant provisions of chapter 481.”
Robinson v. Stewart, 161 So. 3d 589 (Fla. 1st DCA 2015). “Statutory language granting rulemaking authority or generally describing the powers and functions of an agency shall be construed to extend no further than the particular powers and duties conferred by the same statute.”
Florida Elections Comm'n v. Blair, 52 So. 3d 9 (Fla. 1st DCA 2010). “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.”
— 120.536(1) — 13 cases
Whiley v. Scott, 79 So. 3d 702 (Fla. 2011). “Section 120.536 provides in pertinent part as follows: (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.”
State, Bd. of Trs. of Internal Improvement Trust Fund v. Day Cruise Assoc., Inc., 794 So. 2d 696 (Fla. 1st DCA 2001). “" *703 The first sentence [of section 120.536] emphasizes that such a general grant is sufficient to allow an agency to adopt a rule only when relied upon in conjunction with a specific provision of law to be implemented.”
State v. Montello, 867 So. 2d 613 (Fla. 4th DCA 2004). “" § 120.536(1), Fla. Stat. (2002). To implement Bodden's requirement that urine testing be "approved" by FDLE, further legislation would be required to give FDLE the authority to promulgate rules.”
ST. JOHNS RIVER v. Consol.-Tomoka, 717 So. 2d 72 (Fla. 1st DCA 1998). “*78 These standards are restated in section 120.536(1), Florida Statutes (Supp.”
GRABBA-LEAF, LLC v. Dep't of Bus. & Prof'l etc., 257 So. 3d 1205 (Fla. 5th DCA 2018). “” § 120.536(1), Fla. Stat. (2018). No agency has “the authority to implement statutory provisions 17 setting forth general legislative intent or policy.”
— 120.536(2)(c) — 1 case
ORLANDO HEALTH Cent., Inc. v. Agency For Health Care Admin., 252 So. 3d 849 (Fla. 5th DCA 2018).
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