Legislative and Rule Review Committee

Chairman: Richard Stenberg
Email: legislative@fwpcoa.org

Volunteer to be on a committee

In order for the FW&PCOA to meet its objective "to support the Florida statutes and administration code regulations pertaining to operator certification, water/wastewater treatment, and education of those persons in the environmental occupations," it is necessary that the Legislative & Rule Review Committee follow the activities of legislative and regulatory entities with respect to matters which directly affect the members of the Association.

The following links are provided in order to assist in your search of pertinent rules and regulations and those entrusted with the creation of such:


Synopsis of Legislative Process & Rulemaking
Information supplied by Cynthia Christian
SENIOR ATTORNEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION 850-245-2230)

Legislative Process

  1. Hire a Lobbyist who will do the following for you.  Session is early March for 60 days.
    (If you don't have a Lobbyist, the Association Leaders will have to do this, and the DEP Lobbyist will help.)
  2. Identify who has the most power in the Senate and in the House to get the legislation through the process, preferably in each party. These legislators will be the Bill Sponsors, and sometimes you can get more than one sponsor.
  3. Get the leadership of the Environmental Committees as sponsors, if possible, or at least educate so not opposed.
  4. Figure out what committees the bill will have to go through and be approved.
  5. If no economic impact on governmental entities, bill does not go through the appropriations or budget committees.
  6. There are Committee hearings during which there are presentations and sometimes public comment. The Members also ask questions.
  7. Ideally the Bill will be a stand alone, but try to get it with a good group of bills with similar subjects (environmental), for a better chance at passing. Sometimes a 'train' is defeated because of one bill, although other bills would have passed if stand alone.
Rulemaking
  1. Every rule must have a statutory provision to allow both rulemaking on the subject as well as to allow the specifics.  In this situation, the statute does not provide a different set of requirements for out of state licensees, nor does it state that other requirements may be established by the Department.
  2. Once a need is identified and the law is in place, the Department requests permission to Initiate Rulemaking from the Deputy Secretary, Mimi Drew.
  3. Once permission is received, we publish a Notice of Rule Development in the Florida Administrative Weekly, which broadly states that we are planning to do rulemaking on the subject and why.
  4. We may convene the Operator Certification Technical Review Council, if needed.
  5. A workshop draft will be developed, and a workshop, or more than 1, will be scheduled and noticed in the FAW. Comments are taken at the workshop and questions answered by staff. 
  6. Comments are reviewed and if a second draft is needed for another workshop, one will be scheduled with another draft of the rules, with notice in the FAW of the date of this workshop.
  7. Once staff is satisfied with the rules, a request for permission to publish the Notice of Proposed Rule will be sent to Secretary Michael Sole.
  8. If the rule amendments will have affect small business, a SERC must be prepared.
    Small business is defined in s. 288.703(1), as “an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that together with its affiliates, has a net worth of not more than $5 million or any firm based in this state which has a Small Business Administration 8(a) certification.  As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments.”
  9. Once permission is given, the Notice of Proposed Rule will be noticed in the FAW at least 21 days before the public hearing.  The hearing is usually held only if requested within 21 days from the date of the public notice in the FAW, and it will be before someone at the Department serving as the hearing officer.
  10. A copy of all of the rulemaking documents is provided to the JAPC for their staff attorney comments to the Department. We must address those comments, or we cannot finish the rulemaking.
  11. If a hearing is held, public comments are again taken and questions answered. 
  12. Once the Department is confident that it has the best rule it can considering all aspects, it will prepare the Certification Package for the Administrative Section in the Department of State.
  13. The Certification Package is delivered to the Department of State, and the rules are in effect 20 days later.


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