REGULATORY PLAN ANNUAL REPORT OCTOBER 2016

Transcription

1 REGULATORY PLAN ANNUAL REPORT OCTOBER 2016 Department of Children and Families Office of the General Counsel October 1, 2016 Mike Carroll Secretary Rick Scott Governor

2 TABLE OF CONTENTS Page Certification by Secretary and General Counsel... 3 Executive Summary... 4 Laws Creating or Modifying Department Duties... 5 or Authority Other Laws Expected to Be Implemented by Rule making... 8 before July 2017 Update to Prior Year's Corrected Regulatory Plan Rulemaking Not Initiated by July 2016 for Laws Previously Reported (in Corrected Regulatory Plan) as Requiring Rulemaking 2

3 State of Florida Department of Children and Families Rick Scott Governor Mike Carroll Secretary CERTIFICATION PER SECTION (1)(d), FLORIDA STATUTES WE HEREBY CERTIFY that: We have reviewed the Regulatory Plan published by the Department of Children and Families on October I, The Department regularly reviews all of its rules and most recently completed a review of its rules as of July I, 2016, to determine if they remain consistent with the Department's rulemaking authority and the laws implemented. Mike Carroll, Secretary Date. ) c. 1 I J,r,,_,( t c 1 lf.1 1 c ;r,_-.. Rebecca Kapusta, General Counsel tf I /1 (' Date 1317 Winewood Boulevard, Tallahassee, Florida Mission: Work in Partnership with Local Communities to Protect the Vulnerable, Promote Strong and Economically Self-Sufficient Families, and Advance Personal and Family Recovery and Resiliency

4 EXECUTIVE SUMMARY Section , Florida Statutes, requires agencies to prepare a Regulatory Plan that: 1) reports on laws enacted in the past twelve months that create or modify an agency's duties or authority; 2) reports on other laws expected to be implemented by the agency before the following July, 3) provides an update of the prior year's Regulatory Plan identifying rulemaking not initiated by July of the current reporting year; and 4) reports on rulemaking not initiated for laws previously reported as requiring rulemaking. This Regulatory Plan identifies eight laws enacted in the past 12 months that create or modify the Department's duties or authority. Of these, none require the Department to implement the law by rulemaking, portions of two laws must otherwise be implemented by rulemaking, while the balance of those two laws and the remaining six laws can be implemented without rulemaking. This report identifies multiple other laws expected to be implemented by rulemaking before July 2017, primarily through amendments of existing rules. This report identities no rules listed in the Department's Corrected 2016 Regulatory Plan (published June 2016) as requiring rulemaking for which rulemaking was not initiated (notice of rule development for new or amended rules/notice of proposed rule for repeals) by July of this year. 4

5 THE FOLLOWING LAWS ENACTED OR AMENDED DURING THE PREVIOUS 12 MONTHS CREATE OR MODIFY THE DUTIES OR AUTHORITY OF THE DEPARTMENT REPORTING PERIOD: October 2015 through September 2016 REPORT DATE: October 1, 2016 Citation to law Must the Is rulemaking If rulemaking necessary f rulemaking is not necessary to creating or Department necessary to is implement to mplement the law, the reasons why modifying Adopt Rules implement the law: the law may be implemented without Department to Implement the law? Notice of Expected rulemaking duties or this Law? rule date to authority. development publish a posted in notice of FAR. proposed rule (HB No No N/A N/A rrhe law affects providers under contract 5003) with the Department and can be See 49. mplemented through contract management (HB No No N/A N/A rrhe terms of the statutes are specific 5101) enough such that they can be , FS mplemented by their own terms and a ule would not add meaning and ulemaking is not required to reconcile existing rules to the law. The law affects nternal Office of Appeal Hearings Section operations and can be implemented by changes in internal policies and/or operating procedures. The law requires DCF and AHCA establish a transition process, which will be implemented hrough an inter-agency agreement (HB No Yes N/A October NIA 1135) (3), FS (HB No No N/A N/A rrhe terms of the statutes are specific 1135) enough such that they can be mplemented by their own terms and a (4), FS ule would not add meaning and ulemaking is not required to reconcile existinq rules to the law (HB No No N/A N/A The terms of the statute are specific 769) enough such that they can be mplemented by their own terms and a , FS ule would not add meaning and ulemaking is not required to reconcile existing rules to the law (HB No No N/A N/A This amendment affects Rules of Criminal 769) Procedure 3.213, and which are under the jurisdiction of the Florida , Supreme Court. As to the Department, & he terms of the statutes are specific , FS enough such that they can be mplemented by the Department by their own terms. 5

6 THE FOLLOWING LAWS ENACTED OR AMENDED DURING THE PREVIOUS 12 MONTHS CREATE OR MODIFY THE DUTIES OR AUTHORITY OF THE DEPARTMENT REPORTING PERIOD: October 2015 through September 2016 REPORT DATE: October 1, 2016 Citation to law Must the Is rulemaking If rulemaking necessary If rulemaking is not necessary to creating or Department necessary to is implement to implement the law, the reasons why modifying Adopt Rules implement the law: the law may be implemented without Department to Implement the law? Notice of Expected rulemaking duties or this Law? rule date to authority. development publish a posted in notice of FAR. proposed rule (HB No No NIA NIA The law affects providers under contract 1083) with the Department and can be mplemented through contract , FS management. (OCW) (HB No No NIA NIA The terms of the statutes are specific 977) enough such that they can be (2)(e), mplemented by their own terms and a FS ule would not add meaning and ulemaking is not required to reconcile existing rules to the law (HB No Yes NIA October NIA 7053) (6), (2), (15) & (3), FS (HB No No NIA NIA The repealed statutes were previously 7053) mplemented solely on the basis of the Repeals statutory language, so no rulemaking is & equired , FS (HB No No NIA NIA The terms of the statutes are specific 7053) enough such that they can be mplemented by their own terms and a , ule would not add meaning and , ulemaking is not required to reconcile & existing rules to the law , FS 6

7 THE FOLLOWING LAWS ENACTED OR AMENDED DURING THE PREVIOUS 12 MONTHS CREATE OR MODIFY THE DUTIES OR AUTHORITY OF THE DEPARTMENT REPORTING PERIOD: October 2015 through September 2016 REPORT DATE: October 1, 2016 Citation to law Must the Is rulemaking If rulemaking necessary If rulemaking is not necessary to creating or Department necessary to is implement to implement the law, the reasons why modifying Adopt Rules implement the law: the law may be implemented without Department to Implement the law? Notice of Expected rulemaking duties or this Law? rule date to authority. development publish a posted in notice of FAR. proposed rule (SB No Yes N/A November 1, NIA 12) , , , , , , , , , , , , , & , FS (SB No No N/A N/A ifhe terms of the statutes are specific 12) enough such that they can be mplemented by their own terms and a , ule would not add meaning and , ulemaking is not required to reconcile , existing rules to the law , , , , , , , , , , , , , , , , , FS 7

8 OTHER LAWS EXPECTED TO BE IMPLEMENTED BY RULEMAKING (NOTICE OF RULEMAKING) BEFORE JULY 2017 Rule Number Statute Implemented Type Effect of Rulemakin 65A Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule. 65A , , , , Amendment Clarification of rule , , A Amendment Clarification of rule. 65A , Amendment Clarification of rule. 65A Amendment Clarification of rule. 65A , , , , Amendment Clarification of rule A , , Amendment Clarification of rule. 65A , , Amendment Clarification of rule. 65A , , , Amendment Clarification of rule. 65A , , Amendment Clarification of rule. 65A , , Amendment Clarification of rule. 65A , , Amendment Clarification of rule. 65A , , , , Amendment Clarification of rule A and Amendment Simplification of rule. 65C Amendment Clarification of rule. 65C , , , Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C , , , , Amendment Clarification of rule C Amendment Clarification of rule. 65C , , Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C , Amendment Clarification of rule. 65C Amendment Simplification of rule. 65C , Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C , Amendment Clarification of rule. 8

9 OTHER LAWS EXPECTED TO BE IMPLEMENTED BY RULEMAKING (NOTICE OF RULEMAKING) BEFORE JULY 2017 Rule Number Statute Implemented Type Effect of Rulemakina 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Repeal Simplification of rule. 65C Repeal Simplification of rule. 65C Repeal Simplification of rule. 65C Amendment Clarification of rule. 65C Repeal Simplification of rule. 65C (1) Amendment Clarification of rule. 65C (1) Repeal Simplification of rule. 65C (1) Repeal Simplification of rule. 65C (1) Repeal Simplification of rule. 65C (1) Repeal Simplification of rule. 65C (1) Repeal Simplification of rule. 65C (1) Repeal Simplification of rule. 65C (1) Amendment Clarification of rule. 65C (1) Amendment Clarification of rule. 65C (1) Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65C Amendment Clarification of rule. 65D (5) Amendment Clarification of rule. 65D (5) Amendment Clarification of rule. 65D (5) Amendment Clarification of rule. 65D (5) Amendment Clarification of rule. 65D (5) Amendment Clarification of rule. 65D (5) Amendment Clarification of rule. 65d Amendment Clarification of rule. 65D (6) & (25),(9) Amendment Increase efficiencv. 65D Amendment Clarification of rule. 65D Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule Amendment Clarification of rule. 9

10 OTHER LAWS EXPECTED TO BE IMPLEMENTED BY RULEMAKING (NOTICE OF RULEMAKING) BEFORE JULY 2017 Rule Number Statute Implemented Tvpe Effect of Rulemaking Amendment Clarification of rule. 65D (6), (25),(7) Amendment Clarification of rule. 65D (16) Amendment Clarification of rule. 65E NA Adoption Increase efficiency 65E (1) Amendment Clarification of rule. 65E Amendment Clarification of rule. 65E (3) Amendment Clarification of rule. 65E Amendment Clarification of rule. 65E Amendment Clarification of rule. 65E (5) Amendment Clarification of rule. 65E Amendment Clarification of rule. 65E (1) Amendment Improve coordination with other agencies; increase efficiency 65E (1) Amendment Improve coordination with other agencies; increase efficiency 65E (1) Amendment Improve coordination with other agencies; increase efficiency 65E Adoption Clarification of rule. 65E Adoption Clarification of rule. 65E Adoption Simplification of rule. 65E Adoption Improve coordination with other agencies 10

11 UPDATE TO PRIOR YEAR'S CORRECTED REGULATORY PLAN None. 11

12 RULEMAKING NOT INITIATED BY JULY 2016 FOR LAWS PREVIOUSLY REPORTED (IN CORRECTED REGULATORY PLAN) AS REQUIRING RULEMAKING None. 12