3543524, 64E-26.008 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 3543524

Notice of Proposed Rule

Department:

DEPARTMENT OF HEALTH

Division:

Division of Environmental Health

Chapter:

STATE AND LOCAL DETENTION FACILITIES

Overview

RULE:

64E-26.008	Laundry and Dry Cleaning (Repealed)
64E-26.013	Industries (Repealed)
64E-26.014	Plan Review. (Repealed)
64E-26.015	Inspection of State and Local Detention Facilities. (Repealed)

PURPOSE:

In 1996, The Department of Health and Rehabilitative Services (HRS), repealed Chapter 10D-7, Florida Administrative Code. In June, 2006, the First District Court of Appeal, affirmed the decision of a lower court, which held that HRS’ repeal of the chapter was an invalid exercise of delegated legislative authority. Chapter 10D-7, was thus revived by judicial determination.
Having been repealed before the 1996 and 1999 amendments to the Administrative Procedures Act, this chapter had not previously undergone the scrutiny required by Section 120.542, F.S., (1996-2004), to determine whether there was sufficient legislative authority for existing agency rules. Since the decision reversing the repeal of Chapter 10D-7, F.A.C., the Department of Health as the successor agency to HRS, has been involved in the process of reviewing what is now Chapter 64E-26, F.A.C., to determine if changes to these rules may be necessary. In the course of this review, the Department has determined that it is without statutory authority to implement Rule 64E-26.014, F.A.C., requiring the department to conduct plan reviews on detention facilities that are built or being remodeled, and Rule 64E-26.015, F.A.C., requiring inspection of state and local detention facilities. The department is also without statutory authority to implement the safety requirements in Rules 64E-26.008 and 64E-26.013, F.A.C.
Thus, the purpose of this proposed rulemaking is to repeal Rules 64E-26.014 and 64E-26.015, F.A.C., and to delete references to safety requirements in Rules 64E-26.008 and 64E-26.013, F.A.C., as they are in excess of the Department’s delegated legislative authority. The effect will be that the Department’s rules will be in compliance with the Administrative Procedure Act’s requirement that each rule of a state agency reflect a specific law the agency is required to implement, interpret, or make specific.

SUMMARY:

The Department proposes repeal of Rules 64E-26.014 and 64E-26.015, F.A.C., as the Department has not been given authority by the legislature to perform plan reviews or to inspect state and local detention facilities. The department also proposes to delete references to safety standards related to threshold limit values in Rule 64E-26.008, F.A.C., and safety standards related to noise levels in Rule 64E-26.013, F.A.C.

RULEMAKING AUTHORITY:

381.006 FS.

LAW:

381.006(6) FS.

PRINT PUBLISH DATE:

2/2/2007 Vol. 33/05

COMMENTS:

From 2/2/2007 To 2/23/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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