| According to the public information provided by the | | | | public workshops may also be held to facilitate |
| State government of Florida, the enactment of a law | | | | rule-making. Public Hearings may also be required if |
| in Florida begins with a state Legislator, citizen, or | | | | requested by affected persons. After the final public |
| group suggesting legislation be introduced as a bill by | | | | hearing on the proposed rule, the agency then files |
| either a State representative or senator. At the | | | | with the Florida Department of State and the |
| Senate online site, you will find that either house may | | | | proposed rule is adopted. |
| originate any type of legislation. However, the | | | | Pros and Cons |
| processes differ slightly between houses. A legislator | | | | An advantage of rule-making over law-making is that |
| sponsors a bill, which is referred to one or more | | | | anyone who wishes to participate in the rule-making |
| committees related to the subject of the bill. The | | | | process may do so as notice is provided to all |
| committee studies the bill and decides if it should be | | | | concerned parties and the public can submit |
| amended, pass, or fail. If passed, the bill moves to | | | | comments. With the law making process usually the |
| other committees of reference or to the full house. | | | | electorate vote on behalf of the people represented. |
| The full house then votes on the bill. | | | | Rule-making and law-making are highly political |
| For the enactment of a law, according to Section 8, | | | | processes and rule-making allows for the opportunity |
| Article 3 of the Florida State Constitution, every bill | | | | for politically active persons and groups to participate |
| passed by the legislature is presented to the | | | | in the process. Most of the review of the process of |
| governor for approval and becomes law if the | | | | adopting rules is related to due process, i.e. proper |
| governor approves and signs it, or fails to veto it. | | | | notice of the proposed rule and affording those in |
| In comparison, the Florida Legislature allows | | | | the public the right to be heard, provide comments, |
| Administrative Agencies to recommend the adoption | | | | at hearings. |
| of a rule or rule-making in Florida as provided under | | | | The process of rule-adoption contains provisions for |
| Florida State Statute Title X, Chapter 120; | | | | a centralized process of a public workshop if |
| Administrative Procedure Act. Any person regulated | | | | necessary, a committee, and a public hearing versus |
| by an agency or having a substantial interest in an | | | | the utilization of multiple committees, reviews, |
| agency rule may petition an agency to adopt a rule. | | | | hearings occurring in two houses to enact a law. |
| However, the Legislature must still provide the | | | | Therefore, the enactment of a law is a lengthier |
| agency the specific authority to adopt such rule and | | | | process than that of rule-making. Furthermore, the |
| applicable penalties. An agency begins by providing | | | | rule adoption process also provides the opportunity |
| official notice of a proposed rule as required under | | | | to adopt emergency rules within a significantly short |
| Florida Statute 120.54. | | | | period of time. An emergency rule is adopted by an |
| Continuing with the process of rule-making, the | | | | agency which is necessary due to an immediate |
| proposed rule also has to go through committee and | | | | danger to the public health, safety, or welfare. |