Bill Text: FL S0536 | 2022 | Regular Session | Comm Sub


Bill Title: Administrative Procedures

Spectrum: Bipartisan Bill

Status: (Failed) 2022-03-14 - Died in Messages [S0536 Detail]

Download: Florida-2022-S0536-Comm_Sub.html
       Florida Senate - 2022                              CS for SB 536
       
       
        
       By the Committee on Rules; and Senator Diaz
       
       
       
       
       
       595-03652-22                                           2022536c1
    1                        A bill to be entitled                      
    2         An act relating to administrative procedures; amending
    3         s. 120.52, F.S.; defining the term “technical change”;
    4         amending s. 120.54, F.S.; requiring a notice of rule
    5         development to include certain information; requiring
    6         a notice of withdrawal if a notice of proposed rule is
    7         not filed within a certain timeframe; requiring a
    8         notice of proposed rule to include certain
    9         information; requiring certain notices to be published
   10         within a specified timeframe; requiring that material
   11         proposed to be incorporated by reference be made
   12         available in a specified manner; authorizing
   13         electronic delivery of notices to persons who have
   14         requested advance notice of agency rulemaking
   15         proceedings; requiring publication of a notice of
   16         correction in certain circumstances; providing that a
   17         notice of correction does not affect certain
   18         timeframes; revising the circumstances under which a
   19         proposed rule’s adverse impact on small businesses is
   20         considered to exist; requiring an agency to provide
   21         notice of a regulatory alternative to the
   22         Administrative Procedures Committee before filing the
   23         rule for adoption; requiring an agency to publish a
   24         notice of convening a separate proceeding in certain
   25         circumstances; providing that rulemaking timelines are
   26         tolled during such separate proceedings; requiring a
   27         notice of change for certain changes to a statement of
   28         estimated regulatory costs; revising the requirements
   29         for the contents of a notice of change; requiring the
   30         committee to notify the Department of State that the
   31         date for an agency to adopt a rule has expired under
   32         certain circumstances; requiring the department to
   33         publish a notice of withdrawal under certain
   34         circumstances; requiring that certain information be
   35         available on the agency’s website; requiring an agency
   36         to file a copy of a certain petition with the
   37         committee; amending s. 120.541, F.S.; requiring an
   38         agency to provide a copy of any proposal for a lower
   39         cost regulatory alternative to the committee within a
   40         certain timeframe; specifying the circumstances under
   41         which such a proposal is made in good faith; revising
   42         requirements for an agency’s consideration of a lower
   43         cost regulatory alternative; providing for an agency’s
   44         revision and publication of a revised statement of
   45         estimated regulatory costs in response to certain
   46         circumstances; requiring that a revised statement of
   47         lower cost regulatory alternative be submitted to the
   48         rules ombudsman in the Executive Office of the
   49         Governor and published in a specified manner; revising
   50         the information required in a statement of estimated
   51         regulatory cost; deleting the definition of the term
   52         “transactional costs”; revising the applicability of
   53         specified provisions; providing additional
   54         requirements for the calculation of estimated
   55         regulatory costs; requiring the department to include
   56         specified information on a website; requiring certain
   57         agencies to include certain information in a statement
   58         of estimated regulatory costs and on their websites;
   59         providing certain requirements for an agency that
   60         revises a statement of estimated regulatory costs;
   61         amending s. 120.545, F.S.; requiring the committee to
   62         examine existing rules; authorizing the committee to
   63         file an objection in certain instances; amending s.
   64         120.55, F.S.; requiring the Florida Administrative
   65         Code to contain complete indexes to any material
   66         incorporated by reference contained in the code;
   67         requiring material incorporated by reference to be
   68         filed in a specified manner after a certain date;
   69         requiring the department to include the date of a
   70         technical change in the Florida Administrative Code;
   71         providing that a technical change does not affect the
   72         effective date of a rule; requiring a technical change
   73         made after rule adoption to be published as a notice
   74         of correction; requiring the Florida Administrative
   75         Register to be published once daily and indicate
   76         certain information; requiring specified rulemaking;
   77         amending s. 120.74, F.S.; requiring an agency’s
   78         regulatory plan to identify and describe each rule the
   79         agency plans to develop, adopt, or repeal during a
   80         specified 12-month period; requiring such plan to
   81         include a schedule of rule review; providing indexes
   82         of certain information to be included in such plan;
   83         requiring such plan to include a list of certain
   84         statutes and laws or parts thereof; requiring the
   85         agency to provide such list to the Division of Law
   86         Revision; requiring a certification in such plan to
   87         make certain declarations; requiring an agency to
   88         deliver a written explanation upon request by
   89         designated persons for failing to comply with the
   90         regulatory plan requirements; providing an effective
   91         date.
   92          
   93  Be It Enacted by the Legislature of the State of Florida:
   94  
   95         Section 1. Present subsections (20), (21), and (22) of
   96  section 120.52, Florida Statutes, are redesignated as
   97  subsections (21), (22), and (23), respectively, and a new
   98  subsection (20) is added to that section, to read:
   99         120.52 Definitions.—As used in this act:
  100         (20)“Technical change” means a change limited to
  101  correcting grammatical, typographical, or similar errors not
  102  affecting the substance of the rule.
  103         Section 2. Subsections (2) and (3) and paragraph (a) of
  104  subsection (7) of section 120.54, Florida Statutes, are amended,
  105  to read:
  106         120.54 Rulemaking.—
  107         (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.—
  108         (a)1. Except when the intended action is the repeal of a
  109  rule, agencies shall provide notice of the development of
  110  proposed rules by publication of a notice of rule development in
  111  the Florida Administrative Register before providing notice of a
  112  proposed rule as required by paragraph (3)(a). The notice of
  113  rule development must shall indicate the subject area to be
  114  addressed by rule development, provide a short, plain
  115  explanation of the purpose and effect of the proposed rule, cite
  116  the grant of rulemaking authority for the proposed rule and the
  117  law being implemented specific legal authority for the proposed
  118  rule, and include the proposed rule number and the preliminary
  119  text of the proposed rule rules, if available, or a statement of
  120  how a person may promptly obtain, without cost, a copy of any
  121  preliminary draft, when if available.
  122         2.If a notice of a proposed rule is not filed within 12
  123  months after the notice of rule development, the agency shall
  124  withdraw the rule and give notice of the withdrawal in the next
  125  available issue of the Florida Administrative Register.
  126         (b) All rules should be drafted in readable language. The
  127  language is readable if:
  128         1. It avoids the use of obscure words and unnecessarily
  129  long or complicated constructions; and
  130         2. It avoids the use of unnecessary technical or
  131  specialized language that is understood only by members of
  132  particular trades or professions.
  133         (c) An agency may hold public workshops for purposes of
  134  rule development. If requested in writing by any affected
  135  person, an agency must hold public workshops, including
  136  workshops in various regions of the state or the agency’s
  137  service area, for purposes of rule development if requested in
  138  writing by any affected person, unless the agency head explains
  139  in writing why a workshop is unnecessary. The explanation is not
  140  final agency action subject to review pursuant to ss. 120.569
  141  and 120.57. The failure to provide the explanation when required
  142  may be a material error in procedure pursuant to s.
  143  120.56(1)(c). When a workshop or public hearing is held, the
  144  agency must ensure that the persons responsible for preparing
  145  the proposed rule are available to explain the agency’s proposal
  146  and to respond to questions or comments regarding the rule being
  147  developed. The workshop may be facilitated or mediated by a
  148  neutral third person, or the agency may employ other types of
  149  dispute resolution alternatives for the workshop that are
  150  appropriate for rule development. Notice of a workshop for rule
  151  development must workshop shall be by publication in the Florida
  152  Administrative Register not fewer less than 14 days before prior
  153  to the date on which the workshop is scheduled to be held and
  154  must shall indicate the subject area that which will be
  155  addressed; the agency contact person; and the place, date, and
  156  time of the workshop.
  157         (d)1. An agency may use negotiated rulemaking in developing
  158  and adopting rules. The agency should consider the use of
  159  negotiated rulemaking when complex rules are being drafted or
  160  strong opposition to the rules is anticipated. The agency should
  161  consider, but is not limited to considering, whether a balanced
  162  committee of interested persons who will negotiate in good faith
  163  can be assembled, whether the agency is willing to support the
  164  work of the negotiating committee, and whether the agency can
  165  use the group consensus as the basis for its proposed rule.
  166  Negotiated rulemaking uses a committee of designated
  167  representatives to draft a mutually acceptable proposed rule.
  168         2. An agency that chooses to use the negotiated rulemaking
  169  process described in this paragraph shall publish in the Florida
  170  Administrative Register a notice of negotiated rulemaking that
  171  includes a listing of the representative groups that will be
  172  invited to participate in the negotiated rulemaking process. Any
  173  person who believes that his or her interest is not adequately
  174  represented may apply to participate within 30 days after
  175  publication of the notice. All meetings of the negotiating
  176  committee shall be noticed and open to the public pursuant to
  177  the provisions of this chapter. The negotiating committee shall
  178  be chaired by a neutral facilitator or mediator.
  179         3. The agency’s decision to use negotiated rulemaking, its
  180  selection of the representative groups, and approval or denial
  181  of an application to participate in the negotiated rulemaking
  182  process are not agency action. Nothing in This subparagraph is
  183  not intended to affect the rights of a substantially an affected
  184  person to challenge a proposed rule developed under this
  185  paragraph in accordance with s. 120.56(2).
  186         (3) ADOPTION PROCEDURES.—
  187         (a) Notices.—
  188         1. Before Prior to the adoption, amendment, or repeal of
  189  any rule other than an emergency rule, an agency, upon approval
  190  of the agency head, shall give notice of its intended action,
  191  setting forth a short, plain explanation of the purpose and
  192  effect of the proposed action; the proposed rule number and the
  193  full text of the proposed rule or amendment and a summary
  194  thereof; a reference to the grant of rulemaking authority
  195  pursuant to which the rule is adopted; and a reference to the
  196  section or subsection of the Florida Statutes or the Laws of
  197  Florida being implemented or interpreted. The notice must
  198  include a summary of the agency’s statement of the estimated
  199  regulatory costs, if one has been prepared, based on the factors
  200  set forth in s. 120.541(2), which describes the regulatory
  201  impact of the proposed rule in readable language; an agency
  202  website address where the statement of estimated regulatory
  203  costs can be viewed in its entirety, if one has been prepared; a
  204  statement that any person who wishes to provide the agency with
  205  information regarding the statement of estimated regulatory
  206  costs, or to provide a proposal for a lower cost regulatory
  207  alternative as provided by s. 120.541(1), must do so in writing
  208  within 21 days after publication of the notice; and a statement
  209  as to whether, based on the statement of the estimated
  210  regulatory costs or other information expressly relied upon and
  211  described by the agency if no statement of regulatory costs is
  212  required, the proposed rule is expected to require legislative
  213  ratification pursuant to s. 120.541(3). The notice must state
  214  the procedure for requesting a public hearing on the proposed
  215  rule. Except when the intended action is the repeal of a rule,
  216  the notice must include a reference both to the date on which
  217  and to the place where the notice of rule development that is
  218  required by subsection (2) appeared.
  219         2. The notice shall be published in the Florida
  220  Administrative Register at least 7 days after the publication of
  221  the notice of rule development and at least not less than 28
  222  days before prior to the intended action. The proposed rule,
  223  including all materials proposed to be incorporated by reference
  224  and the statement of estimated regulatory costs, if one has been
  225  prepared, must shall be available for inspection and copying by
  226  the public at the time of the publication of notice. After
  227  December 31, 2022, material proposed to be incorporated by
  228  reference in the notice required by this paragraph must be made
  229  available in the manner prescribed by sub-subparagraph
  230  (1)(i)3.a. or sub-subparagraph (1)(i)3.b.
  231         3. The notice shall be mailed to all persons named in the
  232  proposed rule and mailed or delivered electronically to all
  233  persons who, at least 14 days before publication of the notice
  234  prior to such mailing, have made requests of the agency for
  235  advance notice of its proceedings. The agency shall also give
  236  such notice as is prescribed by rule to those particular classes
  237  of persons to whom the intended action is directed.
  238         4. The adopting agency shall file with the committee, at
  239  least 21 days before prior to the proposed adoption date, a copy
  240  of each rule it proposes to adopt; a copy of any material
  241  incorporated by reference in the rule; a detailed written
  242  statement of the facts and circumstances justifying the proposed
  243  rule; a copy of any statement of estimated regulatory costs that
  244  has been prepared pursuant to s. 120.541; a statement of the
  245  extent to which the proposed rule relates to federal standards
  246  or rules on the same subject; and the notice required by
  247  subparagraph 1.
  248         5.If any of the information, other than substantive
  249  changes to the rule text, which is required to be included in
  250  the notice required by subparagraph 1. is omitted or is
  251  incorrect, the agency must publish a notice of correction. A
  252  notice of correction does not affect the timeframes for filing
  253  the rule for adoption as set forth in paragraph (e). Technical
  254  changes are not required to be published as a notice of
  255  correction.
  256         (b) Special matters to be considered in rule adoption.—
  257         1. Statement of estimated regulatory costs.—Before the
  258  adoption, amendment, or repeal of any rule other than an
  259  emergency rule, an agency is encouraged to prepare a statement
  260  of estimated regulatory costs of the proposed rule, as provided
  261  by s. 120.541. However, an agency must prepare a statement of
  262  estimated regulatory costs of the proposed rule, as provided by
  263  s. 120.541, if:
  264         a. The proposed rule will have an adverse impact on small
  265  business; or
  266         b. The proposed rule is likely to directly or indirectly
  267  increase regulatory costs in excess of $200,000 in the aggregate
  268  in this state within 1 year after the implementation of the
  269  rule.
  270         2. Small businesses, small counties, and small cities.—
  271         a. For purposes of this subsection and s. 120.541(2), an
  272  adverse impact on small businesses, as defined in s. 288.703 or
  273  sub-subparagraph b., exists if, for any small business:
  274         (I)An owner, officer, operator, or manager must complete
  275  any education, training, or testing to comply with the rule in
  276  the first year or is likely to spend at least 10 hours or
  277  purchase professional advice to understand and comply with the
  278  rule in the first year;
  279         (II)Taxes or fees assessed on transactions are likely to
  280  increase by $500 or more in the aggregate in 1 year because of
  281  the rule;
  282         (III)Prices charged for goods and services are restricted
  283  or are likely to increase because of the rule;
  284         (IV)Specially trained, licensed, or tested employees will
  285  be required because of the rule;
  286         (V)Operating costs are expected to increase by at least
  287  $1,000 annually because of the rule; or
  288         (VI)Capital expenditures in excess of $1,000 are necessary
  289  to comply with the rule.
  290         b. Each agency, before the adoption, amendment, or repeal
  291  of a rule, shall consider the impact of the rule on small
  292  businesses as defined in by s. 288.703 and the impact of the
  293  rule on small counties or small cities as defined in by s.
  294  120.52. Whenever practicable, an agency shall tier its rules to
  295  reduce disproportionate impacts on small businesses, small
  296  counties, or small cities to avoid regulating small businesses,
  297  small counties, or small cities that do not contribute
  298  significantly to the problem the rule is designed to address. An
  299  agency may define “small business” to include businesses
  300  employing more than 200 persons, may define “small county” to
  301  include those with populations of more than 75,000, and may
  302  define “small city” to include those with populations of more
  303  than 10,000, if it finds that such a definition is necessary to
  304  adapt a rule to the needs and problems of small businesses,
  305  small counties, or small cities. The agency shall consider each
  306  of the following methods for reducing the impact of the proposed
  307  rule on small businesses, small counties, and small cities, or
  308  any combination of these entities:
  309         (I) Establishing less stringent compliance or reporting
  310  requirements in the rule.
  311         (II) Establishing less stringent schedules or deadlines in
  312  the rule for compliance or reporting requirements.
  313         (III) Consolidating or simplifying the rule’s compliance or
  314  reporting requirements.
  315         (IV) Establishing performance standards or best management
  316  practices to replace design or operational standards in the
  317  rule.
  318         (V) Exempting small businesses, small counties, or small
  319  cities from any or all requirements of the rule.
  320         c.(I)b.(I) If the agency determines that the proposed
  321  action will affect small businesses as defined by the agency as
  322  provided in sub-subparagraph b. a., the agency shall send
  323  written notice of the rule to the rules ombudsman in the
  324  Executive Office of the Governor at least 28 days before the
  325  intended action.
  326         (II) Each agency shall adopt those regulatory alternatives
  327  offered by the rules ombudsman in the Executive Office of the
  328  Governor and provided to the agency no later than 21 days after
  329  the rules ombudsman’s receipt of the written notice of the rule
  330  which it finds are feasible and consistent with the stated
  331  objectives of the proposed rule and which would reduce the
  332  impact on small businesses. When regulatory alternatives are
  333  offered by the rules ombudsman in the Executive Office of the
  334  Governor, the 90-day period for filing the rule in subparagraph
  335  (e)2. is extended for a period of 21 days. At least 21 days
  336  before filing the rule for adoption, the agency shall provide a
  337  copy of any regulatory alternative offered to the agency to the
  338  committee.
  339         (III) If an agency does not adopt all alternatives offered
  340  pursuant to this sub-subparagraph, it shall, before rule
  341  adoption or amendment and pursuant to subparagraph (d)1., file a
  342  detailed written statement with the committee explaining the
  343  reasons for failure to adopt such alternatives. Within 3 working
  344  days after the filing of such notice, the agency shall send a
  345  copy of such notice to the rules ombudsman in the Executive
  346  Office of the Governor.
  347         (c) Hearings.—
  348         1. If the intended action concerns any rule other than one
  349  relating exclusively to procedure or practice, the agency shall,
  350  on the request of any affected person received within 21 days
  351  after the date of publication of the notice of intended agency
  352  action, give affected persons an opportunity to present evidence
  353  and argument on all issues under consideration. The agency may
  354  schedule a public hearing on the proposed rule and, if requested
  355  by any affected person, shall schedule a public hearing on the
  356  proposed rule. When a public hearing is held, the agency must
  357  ensure that staff are available to explain the agency’s proposal
  358  and to respond to questions or comments regarding the proposed
  359  rule. If the agency head is a board or other collegial body
  360  created under s. 20.165(4) or s. 20.43(3)(g), and one or more
  361  requested public hearings is scheduled, the board or other
  362  collegial body shall conduct at least one of the public hearings
  363  itself and may not delegate this responsibility without the
  364  consent of those persons requesting the public hearing. Any
  365  material pertinent to the issues under consideration submitted
  366  to the agency within 21 days after the date of publication of
  367  the notice or submitted to the agency between the date of
  368  publication of the notice and the end of the final public
  369  hearing shall be considered by the agency and made a part of the
  370  record of the rulemaking proceeding.
  371         2. Rulemaking proceedings shall be governed solely by the
  372  provisions of this section unless a person timely asserts that
  373  the person’s substantial interests will be affected in the
  374  proceeding and affirmatively demonstrates to the agency that the
  375  proceeding does not provide adequate opportunity to protect
  376  those interests. If the agency determines that the rulemaking
  377  proceeding is not adequate to protect the person’s interests, it
  378  shall suspend the rulemaking proceeding and convene a separate
  379  proceeding under the provisions of ss. 120.569 and 120.57. The
  380  agency shall publish notice of convening a separate proceeding
  381  in the Florida Administrative Register. Similarly situated
  382  persons may be requested to join and participate in the separate
  383  proceeding. Upon conclusion of the separate proceeding, the
  384  rulemaking proceeding shall be resumed. All timelines in this
  385  section are tolled during any suspension of the rulemaking
  386  proceeding under this subparagraph, beginning on the date the
  387  notice of convening a separate proceeding is published and
  388  resuming on the day after the conclusion of the separate
  389  proceeding.
  390         (d) Modification or withdrawal of proposed rules.—
  391         1. After the final public hearing on the proposed rule, or
  392  after the time for requesting a hearing has expired, if the
  393  proposed rule has not been changed from the proposed rule as
  394  previously filed with the committee, or contains only technical
  395  changes, the adopting agency shall file a notice to that effect
  396  with the committee at least 7 days before prior to filing the
  397  proposed rule for adoption. Any change, other than a technical
  398  change that does not affect the substance of the rule, must be
  399  supported by the record of public hearings held on the proposed
  400  rule, must be in response to written material submitted to the
  401  agency within 21 days after the date of publication of the
  402  notice of intended agency action or submitted to the agency
  403  between the date of publication of the notice and the end of the
  404  final public hearing, or must be in response to a proposed
  405  objection by the committee. Any change, other than a technical
  406  change, to a statement of estimated regulatory costs requires a
  407  notice of change. In addition, when any change, other than a
  408  technical change, to the text of is made in a proposed rule or
  409  any material incorporated by reference requires, other than a
  410  technical change, the adopting agency to shall provide a copy of
  411  a notice of change by certified mail or actual delivery to any
  412  person who requests it in writing no later than 21 days after
  413  the notice required in paragraph (a). The agency shall file the
  414  notice of change with the committee, along with the reasons for
  415  the change, and provide the notice of change to persons
  416  requesting it, at least 21 days before prior to filing the
  417  proposed rule for adoption. The notice of change shall be
  418  published in the Florida Administrative Register at least 21
  419  days before prior to filing the proposed rule for adoption. The
  420  notice of change must include a summary of any revision to a
  421  statement of estimated regulatory costs required by s.
  422  120.541(1)(c). This subparagraph does not apply to emergency
  423  rules adopted pursuant to subsection (4). After December 31,
  424  2022, material proposed to be incorporated by reference in the
  425  notice required by this paragraph must be made available in the
  426  manner prescribed by sub-subparagraph (1)(i)3.a. or sub
  427  subparagraph (1)(i)3.b.
  428         2. After the notice required by paragraph (a) and before
  429  prior to adoption, the agency may withdraw the proposed rule in
  430  whole or in part.
  431         3.After the notice required by paragraph (a), the agency
  432  shall withdraw the proposed rule if the agency has failed to
  433  adopt it within the prescribed timeframes in this chapter. The
  434  committee shall notify the agency that it has exceeded the
  435  timeframe to adopt the proposed rule. If, 30 days after notice
  436  by the committee, the agency has not given notice of the
  437  withdrawal of the rule, the committee shall notify the
  438  Department of State that the date for adoption of the rule has
  439  expired, and the Department of State shall publish a notice of
  440  withdrawal of the proposed rule.
  441         4.3. After adoption and before the rule becomes effective,
  442  a rule may be modified or withdrawn only in the following
  443  circumstances:
  444         a. When the committee objects to the rule;
  445         b. When a final order, which is not subject to further
  446  appeal, is entered in a rule challenge brought pursuant to s.
  447  120.56 after the date of adoption but before the rule becomes
  448  effective pursuant to subparagraph (e)6.;
  449         c. If the rule requires ratification, when more than 90
  450  days have passed since the rule was filed for adoption without
  451  the Legislature ratifying the rule, in which case the rule may
  452  be withdrawn but may not be modified; or
  453         d. When the committee notifies the agency that an objection
  454  to the rule is being considered, in which case the rule may be
  455  modified to extend the effective date by not more than 60 days.
  456         5.4. The agency shall give notice of its decision to
  457  withdraw or modify a rule in the first available issue of the
  458  publication in which the original notice of rulemaking was
  459  published, shall notify those persons described in subparagraph
  460  (a)3. in accordance with the requirements of that subparagraph,
  461  and shall notify the Department of State if the rule is required
  462  to be filed with the Department of State.
  463         6.5. After a rule has become effective, it may be repealed
  464  or amended only through the rulemaking procedures specified in
  465  this chapter.
  466         (e) Filing for final adoption; effective date.—
  467         1. If the adopting agency is required to publish its rules
  468  in the Florida Administrative Code, the agency, upon approval of
  469  the agency head, shall file with the Department of State three
  470  certified copies of the rule it proposes to adopt; one copy of
  471  any material incorporated by reference in the rule, certified by
  472  the agency; a summary of the rule; a summary of any hearings
  473  held on the rule; and a detailed written statement of the facts
  474  and circumstances justifying the rule. Agencies not required to
  475  publish their rules in the Florida Administrative Code shall
  476  file one certified copy of the proposed rule, and the other
  477  material required by this subparagraph, in the office of the
  478  agency head, and such rules shall be open to the public.
  479         2. A rule may not be filed for adoption less than 28 days
  480  or more than 90 days after the notice required by paragraph (a),
  481  until 21 days after the notice of change required by paragraph
  482  (d), until 14 days after the final public hearing, until 21 days
  483  after a statement of estimated regulatory costs required under
  484  s. 120.541 has been provided to all persons who submitted a
  485  lower cost regulatory alternative and made available to the
  486  public at a readily accessible page on the agency’s website, or
  487  until the administrative law judge has rendered a decision under
  488  s. 120.56(2), whichever applies. When a required notice of
  489  change is published before prior to the expiration of the time
  490  to file the rule for adoption, the period during which a rule
  491  must be filed for adoption is extended to 45 days after the date
  492  of publication. If notice of a public hearing is published
  493  before prior to the expiration of the time to file the rule for
  494  adoption, the period during which a rule must be filed for
  495  adoption is extended to 45 days after adjournment of the final
  496  hearing on the rule, 21 days after receipt of all material
  497  authorized to be submitted at the hearing, or 21 days after
  498  receipt of the transcript, if one is made, whichever is latest.
  499  The term “public hearing” includes any public meeting held by
  500  any agency at which the rule is considered. If a petition for an
  501  administrative determination under s. 120.56(2) is filed, the
  502  period during which a rule must be filed for adoption is
  503  extended to 60 days after the administrative law judge files the
  504  final order with the clerk or until 60 days after subsequent
  505  judicial review is complete.
  506         3. At the time a rule is filed, the agency shall certify
  507  that the time limitations prescribed by this paragraph have been
  508  complied with, that all statutory rulemaking requirements have
  509  been met, and that there is no administrative determination
  510  pending on the rule.
  511         4. At the time a rule is filed, the committee shall certify
  512  whether the agency has responded in writing to all material and
  513  timely written comments or written inquiries made on behalf of
  514  the committee. The Department of State shall reject any rule
  515  that is not filed within the prescribed time limits; that does
  516  not comply with all statutory rulemaking requirements and rules
  517  of the Department of State; upon which an agency has not
  518  responded in writing to all material and timely written
  519  inquiries or written comments; upon which an administrative
  520  determination is pending; or which does not include a statement
  521  of estimated regulatory costs, if required.
  522         5. If a rule has not been adopted within the time limits
  523  imposed by this paragraph or has not been adopted in compliance
  524  with all statutory rulemaking requirements, the agency proposing
  525  the rule shall withdraw the proposed rule and give notice of its
  526  action in the next available issue of the Florida Administrative
  527  Register.
  528         6. The proposed rule shall be adopted on being filed with
  529  the Department of State and become effective 20 days after being
  530  filed, on a later date specified in the notice required by
  531  subparagraph (a)1., on a date required by statute, or upon
  532  ratification by the Legislature pursuant to s. 120.541(3). Rules
  533  not required to be filed with the Department of State shall
  534  become effective when adopted by the agency head, on a later
  535  date specified by rule or statute, or upon ratification by the
  536  Legislature pursuant to s. 120.541(3). If the committee notifies
  537  an agency that an objection to a rule is being considered, the
  538  agency may postpone the adoption of the rule to accommodate
  539  review of the rule by the committee. When an agency postpones
  540  adoption of a rule to accommodate review by the committee, the
  541  90-day period for filing the rule is tolled until the committee
  542  notifies the agency that it has completed its review of the
  543  rule.
  544  
  545  For the purposes of this paragraph, the term “administrative
  546  determination” does not include subsequent judicial review.
  547         (7) PETITION TO INITIATE RULEMAKING.—
  548         (a) Any person regulated by an agency or having substantial
  549  interest in an agency rule may petition an agency to adopt,
  550  amend, or repeal a rule or to provide the minimum public
  551  information required by this chapter. The petition shall specify
  552  the proposed rule and action requested. The agency shall file a
  553  copy of the petition with the committee. Not later than 30
  554  calendar days following the date of filing a petition, the
  555  agency shall initiate rulemaking proceedings under this chapter,
  556  otherwise comply with the requested action, or deny the petition
  557  with a written statement of its reasons for the denial.
  558         Section 3. Section 120.541, Florida Statutes, is amended to
  559  read:
  560         120.541 Statement of estimated regulatory costs.—
  561         (1)(a) Within 21 days after publication of the notice of a
  562  proposed rule or notice of change required under s.
  563  120.54(3)(a), a substantially affected person may submit to an
  564  agency a good faith written proposal for a lower cost regulatory
  565  alternative to a proposed rule which substantially accomplishes
  566  the objectives of the law being implemented. The agency shall
  567  provide a copy of any proposal for a lower cost regulatory
  568  alternative to the committee at least 21 days before filing the
  569  rule for adoption. The proposal may include the alternative of
  570  not adopting any rule if the proposal explains how the lower
  571  costs and objectives of the law will be achieved by not adopting
  572  any rule. If submitted after a notice of change, a proposal for
  573  a lower cost regulatory alternative is deemed to be made in good
  574  faith only if the person reasonably believes, and the proposal
  575  states the person’s reasons for believing, that the proposed
  576  rule as changed by the notice of change increases the regulatory
  577  costs or creates an adverse impact on small businesses which was
  578  not created by the previous proposed rule. If such a proposal is
  579  submitted, the 90-day period for filing the rule is extended 21
  580  days. Upon the submission of the lower cost regulatory
  581  alternative, the agency shall prepare a statement of estimated
  582  regulatory costs as provided in subsection (2), or shall revise
  583  its prior statement of estimated regulatory costs, and either
  584  adopt the alternative proposal, reject the alternative proposal,
  585  or modify the proposed rule to reduce the regulatory costs. If
  586  the agency rejects the alternative proposal or modifies the
  587  proposed rule, the agency shall or provide a statement of the
  588  reasons for rejecting the alternative in favor of the proposed
  589  rule.
  590         (b) If a proposed rule will have an adverse impact on small
  591  business or if the proposed rule is likely to directly or
  592  indirectly increase regulatory costs in excess of $200,000 in
  593  the aggregate within 1 year after the implementation of the
  594  rule, the agency shall prepare a statement of estimated
  595  regulatory costs as required by s. 120.54(3)(b).
  596         (c) The agency shall revise a statement of estimated
  597  regulatory costs if any change to the rule made under s.
  598  120.54(3)(d) increases the regulatory costs of the rule or if
  599  the rule is modified in response to the submission of a lower
  600  cost regulatory alternative. A summary of the revised statement
  601  must be included with any subsequent notice published under s.
  602  120.54(3).
  603         (d) At least 21 days before filing the proposed rule for
  604  adoption, an agency that is required to revise a statement of
  605  estimated regulatory costs shall provide the statement to the
  606  person who submitted the lower cost regulatory alternative, to
  607  the rules ombudsman in the Executive Office of the Governor, and
  608  to the committee. The revised statement shall be published and
  609  made available in the same manner as the original statement of
  610  estimated regulatory costs and shall provide notice on the
  611  agency’s website that it is available to the public.
  612         (e) Notwithstanding s. 120.56(1)(c), the failure of the
  613  agency to prepare and publish a statement of estimated
  614  regulatory costs or to respond to a written lower cost
  615  regulatory alternative as provided in this subsection is a
  616  material failure to follow the applicable rulemaking procedures
  617  or requirements set forth in this chapter.
  618         (f) An agency’s failure to prepare and publish a statement
  619  of estimated regulatory costs or to respond to a written lower
  620  cost regulatory alternative may not be raised in a proceeding
  621  challenging the validity of a rule pursuant to s. 120.52(8)(a)
  622  unless:
  623         1. Raised in a petition filed no later than 1 year after
  624  the effective date of the rule; and
  625         2. Raised by a person whose substantial interests are
  626  affected by the rule’s regulatory costs.
  627         (g) A rule that is challenged pursuant to s. 120.52(8)(f)
  628  may not be declared invalid unless:
  629         1. The issue is raised in an administrative proceeding
  630  within 1 year after the effective date of the rule;
  631         2. The challenge is to the agency’s rejection of a lower
  632  cost regulatory alternative offered under paragraph (a) or s.
  633  120.54(3)(b)2.c. s. 120.54(3)(b)2.b.; and
  634         3. The substantial interests of the person challenging the
  635  rule are materially affected by the rejection.
  636         (2) A statement of estimated regulatory costs must shall
  637  include:
  638         (a) An economic analysis showing whether the rule directly
  639  or indirectly:
  640         1. Is likely to have an adverse impact on economic growth,
  641  private sector job creation or employment, or private sector
  642  investment in excess of $1 million in the aggregate within 5
  643  years after the implementation of the rule;
  644         2. Is likely to have an adverse impact on business
  645  competitiveness, including the ability of persons doing business
  646  in the state to compete with persons doing business in other
  647  states or domestic markets, productivity, or innovation in
  648  excess of $1 million in the aggregate within 5 years after the
  649  implementation of the rule; or
  650         3. Is likely to increase regulatory costs, including all
  651  any transactional costs and impacts estimated in the statement
  652  of estimated regulatory costs, in excess of $1 million in the
  653  aggregate within 5 years after the implementation of the rule.
  654         (b) A good faith estimate of the number of individuals,
  655  small businesses, and other entities likely to be required to
  656  comply with the rule, together with a general description of the
  657  types of individuals likely to be affected by the rule.
  658         (c) A good faith estimate of the cost to the agency, and to
  659  any other state and local government entities, of implementing
  660  and enforcing the proposed rule, and any anticipated effect on
  661  state or local revenues.
  662         (d) A good faith estimate of the compliance transactional
  663  costs likely to be incurred by individuals and entities,
  664  including local government entities, required to comply with the
  665  requirements of the rule. As used in this section,
  666  “transactional costs” are direct costs that are readily
  667  ascertainable based upon standard business practices, and
  668  include filing fees, the cost of obtaining a license, the cost
  669  of equipment required to be installed or used or procedures
  670  required to be employed in complying with the rule, additional
  671  operating costs incurred, the cost of monitoring and reporting,
  672  and any other costs necessary to comply with the rule.
  673         (e) An analysis of the impact on small businesses as
  674  defined in by s. 288.703, and an analysis of the impact on small
  675  counties and small cities as defined in s. 120.52. The impact
  676  analysis for small businesses must include the basis for the
  677  agency’s decision not to implement alternatives that would
  678  reduce adverse impacts on small businesses.
  679         (f) Any additional information that the agency determines
  680  may be useful.
  681         (g) In the statement or revised statement, whichever
  682  applies, a description of any regulatory alternatives submitted
  683  under paragraph (1)(a) and a statement adopting the alternative
  684  or a statement of the reasons for rejecting the alternative in
  685  favor of the proposed rule.
  686         (3) If the adverse impact or regulatory costs of the rule
  687  exceed any of the criteria established in paragraph (2)(a), the
  688  rule shall be submitted to the President of the Senate and
  689  Speaker of the House of Representatives no later than 30 days
  690  before prior to the next regular legislative session, and the
  691  rule may not take effect until it is ratified by the
  692  Legislature.
  693         (4) Subsection (3) does not apply to the adoption of:
  694         (a) Federal standards pursuant to s. 120.54(6).
  695         (b) Triennial updates of and amendments to the Florida
  696  Building Code which are expressly authorized by s. 553.73.
  697         (c) Triennial updates of and amendments to the Florida Fire
  698  Prevention Code which are expressly authorized by s. 633.202.
  699         (d)Emergency rules adopted pursuant to s. 120.54(4).
  700         (5) For purposes of subsections (2) and (3), adverse
  701  impacts and regulatory costs likely to occur within 5 years
  702  after implementation of the rule include adverse impacts and
  703  regulatory costs estimated to occur within 5 years after the
  704  effective date of the rule. However, if any provision of the
  705  rule is not fully implemented upon the effective date of the
  706  rule, the adverse impacts and regulatory costs associated with
  707  such provision must be adjusted to include any additional
  708  adverse impacts and regulatory costs estimated to occur within 5
  709  years after implementation of such provision.
  710         (6)(a)In evaluating the impacts described in paragraphs
  711  (2)(a) and (e), an agency shall include good faith estimates of
  712  market impacts likely to result from compliance with the
  713  proposed rule, including:
  714         1.Increased customer charges for goods or services.
  715         2.Decreased market value of goods or services produced,
  716  provided, or sold.
  717         3.Increased costs resulting from the purchase of
  718  substitute or alternative goods or services.
  719         4.The reasonable value of time to be spent by owners,
  720  officers, operators, and managers to understand and comply with
  721  the proposed rule, including, but not limited to, time to be
  722  spent to complete required education, training, or testing.
  723         5.Capital costs.
  724         6.Any other impacts suggested by the rules ombudsman in
  725  the Executive Office of the Governor or interested persons.
  726         (b)In estimating and analyzing the information required in
  727  paragraphs (2)(b)-(e), the agency may use surveys of
  728  individuals, businesses, business organizations, counties, and
  729  municipalities to collect data helpful to estimate and analyze
  730  the costs and impacts.
  731         (c)In estimating compliance costs under paragraph (2)(d),
  732  the agency shall consider, among other matters, all direct and
  733  indirect costs necessary to comply with the proposed rule that
  734  are readily ascertainable based upon standard business
  735  practices, including, but not limited to, costs related to:
  736         1.Filing fees.
  737         2.Expenses to obtain a license.
  738         3.Necessary equipment.
  739         4.Installation, utilities, and maintenance of necessary
  740  equipment.
  741         5.Necessary operations and procedures.
  742         6.Accounting, financial, information management, and other
  743  administrative processes.
  744         7.Other processes.
  745         8.Labor based on relevant rates of wages, salaries, and
  746  benefits.
  747         9.Materials and supplies.
  748         10.Capital expenditures, including financing costs.
  749         11.Professional and technical services, including
  750  contracted services necessary to implement and maintain
  751  compliance.
  752         12.Monitoring and reporting.
  753         13.Qualifying and recurring education, training, and
  754  testing.
  755         14.Travel.
  756         15.Insurance and surety requirements.
  757         16.A fair and reasonable allocation of administrative
  758  costs and other overhead.
  759         17.Reduced sales or other revenues.
  760         18.Other items suggested by the rules ombudsman in the
  761  Executive Office of the Governor or any interested person,
  762  business organization, or business representative.
  763         (7)(a)The Department of State shall include on the Florida
  764  Administrative Register website the agency website addresses
  765  where statements of estimated regulatory costs may be viewed in
  766  their entirety.
  767         (b)An agency that prepares a statement of estimated
  768  regulatory costs must provide, as part of the notice required
  769  under s. 120.54(3)(a), the agency website address where the
  770  statement of estimated regulatory costs can be read in its
  771  entirety to the Department of State for publication in the
  772  Florida Administrative Register.
  773         (c)If an agency revises its statement of estimated
  774  regulatory costs, the agency must provide notice that a revision
  775  has been made as provided in s. 120.54(3)(d). Such notice must
  776  include the agency website address where the revision can be
  777  viewed in its entirety.
  778         Section 4. Subsections (1) and (2) of section 120.545,
  779  Florida Statutes, are amended to read:
  780         120.545 Committee review of agency rules.—
  781         (1) As a legislative check on legislatively created
  782  authority, the committee shall examine each existing rule and
  783  proposed rule, except for those proposed rules exempted by s.
  784  120.81(1)(e) and (2), and its accompanying material, and each
  785  emergency rule, and may examine any existing rule, for the
  786  purpose of determining whether:
  787         (a) The rule is an invalid exercise of delegated
  788  legislative authority.
  789         (b) The statutory authority for the rule has been repealed.
  790         (c) The rule reiterates or paraphrases statutory material.
  791         (d) The rule is in proper form.
  792         (e) The notice given before prior to its adoption was
  793  sufficient to give adequate notice of the purpose and effect of
  794  the rule.
  795         (f) The rule is consistent with expressed legislative
  796  intent pertaining to the specific provisions of law which the
  797  rule implements.
  798         (g) The rule is necessary to accomplish the apparent or
  799  expressed objectives of the specific provision of law which the
  800  rule implements.
  801         (h) The rule is a reasonable implementation of the law as
  802  it affects the convenience of the general public or persons
  803  particularly affected by the rule.
  804         (i) The rule could be made less complex or more easily
  805  comprehensible to the general public.
  806         (j) The rule’s statement of estimated regulatory costs
  807  complies with the requirements of s. 120.541 and whether the
  808  rule does not impose regulatory costs on the regulated person,
  809  county, or city which could be reduced by the adoption of less
  810  costly alternatives that substantially accomplish the statutory
  811  objectives.
  812         (k) The rule will require additional appropriations.
  813         (l) If the rule is an emergency rule, there exists an
  814  emergency justifying the adoption of such rule, the agency is
  815  within its statutory authority, and the rule was adopted in
  816  compliance with the requirements and limitations of s.
  817  120.54(4).
  818         (2) The committee may request from an agency such
  819  information as is reasonably necessary for examination of a rule
  820  as required by subsection (1). The committee shall consult with
  821  legislative standing committees having jurisdiction over the
  822  subject areas. If the committee objects to a rule, the committee
  823  shall, within 5 days after the objection, certify that fact to
  824  the agency whose rule has been examined and include with the
  825  certification a statement detailing its objections with
  826  particularity. The committee may file an objection for the
  827  failure of an agency to repeal or amend an existing rule which
  828  the committee identifies as being inconsistent with the powers
  829  and duties granted by its enabling statute or having no enabling
  830  statute. The committee shall notify the Speaker of the House of
  831  Representatives and the President of the Senate of any objection
  832  to an agency rule concurrent with certification of that fact to
  833  the agency. Such notice shall include a copy of the rule and the
  834  statement detailing the committee’s objections to the rule.
  835         Section 5. Paragraphs (a), (b), and (c) of subsection (1)
  836  of section 120.55, Florida Statutes, are amended to read:
  837         120.55 Publication.—
  838         (1) The Department of State shall:
  839         (a)1. Through a continuous revision and publication system,
  840  compile and publish electronically, on a website managed by the
  841  department, the “Florida Administrative Code.” The Florida
  842  Administrative Code shall contain all rules adopted by each
  843  agency, citing the grant of rulemaking authority and the
  844  specific law implemented pursuant to which each rule was
  845  adopted, all history notes as authorized in s. 120.545(7),
  846  complete indexes to all rules and any material incorporated by
  847  reference contained in the code, and any other material required
  848  or authorized by law or deemed useful by the department. The
  849  electronic code shall display each rule chapter currently in
  850  effect in browse mode and allow full text search of the code and
  851  each rule chapter. The department may contract with a publishing
  852  firm for a printed publication; however, the department shall
  853  retain responsibility for the code as provided in this section.
  854  The electronic publication shall be the official compilation of
  855  the administrative rules of this state. The Department of State
  856  shall retain the copyright over the Florida Administrative Code.
  857         2. Not publish in the Florida Administrative Code rules
  858  general in form but applicable to only one school district,
  859  community college district, or county, or a part thereof, or
  860  state university rules relating to internal personnel or
  861  business and finance shall not be published in the Florida
  862  Administrative Code. Exclusion from publication in the Florida
  863  Administrative Code does shall not affect the validity or
  864  effectiveness of such rules.
  865         3. At the beginning of the section of the code dealing with
  866  an agency that files copies of its rules with the department,
  867  the department shall publish the address and telephone number of
  868  the executive offices of each agency, the manner by which the
  869  agency indexes its rules, a listing of all rules of that agency
  870  excluded from publication in the code, a listing of all forms
  871  and material incorporated by reference adopted by rule which are
  872  used by the agency, and a statement as to where those rules may
  873  be inspected.
  874         4. Not publish forms shall not be published in the Florida
  875  Administrative Code. However,; but any form that which an agency
  876  uses in its dealings with the public, along with any
  877  accompanying instructions, shall be filed with the committee
  878  before it is used. Any form or instruction which meets the
  879  definition of the term “rule” as defined provided in s. 120.52
  880  shall be incorporated by reference into the appropriate rule.
  881  The reference shall specifically state that the form is being
  882  incorporated by reference and shall include the number, title,
  883  and effective date of the form and an explanation of how the
  884  form may be obtained. Each form created by an agency which is
  885  incorporated by reference in a rule notice of which is given
  886  under s. 120.54(3)(a) after December 31, 2007, must clearly
  887  display the number, title, and effective date of the form and
  888  the number of the rule in which the form is incorporated.
  889         5. Require all materials incorporated by reference in any
  890  part of an adopted rule after December 31, 2022, The department
  891  shall allow adopted rules and material incorporated by reference
  892  to be filed in the manner prescribed by s. 120.54(1)(i)3.a. or
  893  b. electronic form as prescribed by department rule. When a rule
  894  is filed for adoption with incorporated material in electronic
  895  form, the department’s publication of the Florida Administrative
  896  Code on its website must contain a hyperlink from the
  897  incorporating reference in the rule directly to that material.
  898  The department may not allow hyperlinks from rules in the
  899  Florida Administrative Code to any material other than that
  900  filed with and maintained by the department, but may allow
  901  hyperlinks to incorporated material maintained by the department
  902  from the adopting agency’s website or other sites.
  903         6.Include the date of any technical changes to a rule in
  904  the history note of the rule in the Florida Administrative Code.
  905  A technical change does not affect the effective date of the
  906  rule. A technical change made after the adoption of a rule must
  907  be published as a notice of correction.
  908         (b)1. Electronically publish on a website managed by the
  909  department a continuous revision and publication entitled the
  910  “Florida Administrative Register,” which shall serve as the
  911  official publication. The Florida Administrative Register shall
  912  be published once daily by 8 a.m. If after publication, a rule
  913  is corrected and replaced, the Florida Administrative Register
  914  shall indicate:
  915         a.That the Florida Administrative Register has been
  916  republished.
  917         b.The rule that has been corrected by the Department of
  918  State.
  919         2.The Florida Administrative Register and must contain:
  920         a.1. All notices required by s. 120.54(2) and (3)(a),
  921  showing the text of all rules proposed for consideration.
  922         b.2. All notices of public meetings, hearings, and
  923  workshops conducted in accordance with s. 120.525, including a
  924  statement of the manner in which a copy of the agenda may be
  925  obtained.
  926         c.3. A notice of each request for authorization to amend or
  927  repeal an existing uniform rule or for the adoption of new
  928  uniform rules.
  929         d.4. Notice of petitions for declaratory statements or
  930  administrative determinations.
  931         e.5. A summary of each objection to any rule filed by the
  932  Administrative Procedures Committee.
  933         f.6. A list of rules filed for adoption in the previous 7
  934  days.
  935         g.7. A list of all rules filed for adoption pending
  936  legislative ratification under s. 120.541(3). A rule shall be
  937  removed from the list once notice of ratification or withdrawal
  938  of the rule is received.
  939         h.8. Any other material required or authorized by law or
  940  deemed useful by the department.
  941  
  942  The department may contract with a publishing firm for a printed
  943  publication of the Florida Administrative Register and make
  944  copies available on an annual subscription basis.
  945         (c) Prescribe by rule the style and form required for
  946  rules, notices, and other materials submitted for filing,
  947  including a rule requiring documents created by an agency that
  948  are proposed to be incorporated by reference in notices
  949  published pursuant to s. 120.54(3)(a) and (d) to be coded in the
  950  same manner as notices published pursuant to s. 120.54(3)(a)1.
  951         Section 6. Section 120.74, Florida Statutes, is amended to
  952  read:
  953         120.74 Agency annual rulemaking and regulatory plans;
  954  reports.—
  955         (1) REGULATORY PLAN.—By October 1 of each year, each agency
  956  shall prepare a regulatory plan.
  957         (a) The plan must include a listing of each law enacted or
  958  amended during the previous 12 months which creates or modifies
  959  the duties or authority of the agency. If the Governor or the
  960  Attorney General provides a letter to the committee stating that
  961  a law affects all or most agencies, the agency may exclude the
  962  law from its plan. For each law listed by an agency under this
  963  paragraph, the plan must state:
  964         1. Whether the agency must adopt rules to implement the
  965  law.
  966         2. If rulemaking is necessary to implement the law:
  967         a. Whether a notice of rule development has been published
  968  and, if so, the citation to such notice in the Florida
  969  Administrative Register.
  970         b. The date by which the agency expects to publish the
  971  notice of proposed rule under s. 120.54(3)(a).
  972         3. If rulemaking is not necessary to implement the law, a
  973  concise written explanation of the reasons why the law may be
  974  implemented without rulemaking.
  975         (b) The plan must also identify and describe each rule,
  976  including each rule number or proposed rule number, that include
  977  a listing of each law not otherwise listed pursuant to paragraph
  978  (a) which the agency expects to develop, adopt, or repeal for
  979  the 12-month period beginning on October 1 and ending on
  980  September 30 implement by rulemaking before the following July
  981  1, excluding emergency rules except emergency rulemaking. For
  982  each rule identified and described law listed under this
  983  paragraph, the plan must state whether the rulemaking is
  984  intended to simplify, clarify, increase efficiency, improve
  985  coordination with other agencies, reduce regulatory costs, or
  986  delete obsolete, unnecessary, or redundant rules.
  987         (c) The plan must include any desired update to the prior
  988  year’s regulatory plan or supplement published pursuant to
  989  subsection (7). If, in a prior year, a law was identified under
  990  this paragraph or under subparagraph (a)1. as a law requiring
  991  rulemaking to implement but a notice of proposed rule has not
  992  been published:
  993         1. The agency shall identify and again list such law,
  994  noting the applicable notice of rule development by citation to
  995  the Florida Administrative Register; or
  996         2. If the agency has subsequently determined that
  997  rulemaking is not necessary to implement the law, the agency
  998  shall identify such law, reference the citation to the
  999  applicable notice of rule development in the Florida
 1000  Administrative Register, and provide a concise written
 1001  explanation of the reason why the law may be implemented without
 1002  rulemaking.
 1003         (d)1.The plan must include a schedule for the agency to
 1004  review its rules for consistency with the powers and duties
 1005  granted by the enabling statutes in accordance with this
 1006  paragraph. Each agency must review all of its rules existing
 1007  before July 1, 2022, in accordance with this paragraph by July
 1008  1, 2027. All rules adopted on or after July 1, 2022, and all
 1009  existing rules reviewed initially by July 1, 2027, shall be
 1010  reviewed every 10 years after their respective dates of adoption
 1011  or review. This schedule shall be updated on an annual basis to
 1012  ensure that all rules are reviewed every 10 years after their
 1013  respective dates of adoption or review.
 1014         2.The plan must include an index and summary of rules
 1015  reviewed during the previous year listed by number and title.
 1016  The index must indicate:
 1017         a.The rules reviewed pursuant to this paragraph that are
 1018  consistent with the powers and duties granted by the enabling
 1019  statutes.
 1020         b.The rules reviewed pursuant to this paragraph that
 1021  require amendments to remove portions of the rule that are
 1022  inconsistent with the powers and duties granted by the enabling
 1023  statute. A summary of the required amendments and a schedule for
 1024  such rulemaking shall be provided.
 1025         c.The rules reviewed pursuant to this paragraph that will
 1026  be repealed in their entirety because there is no enabling
 1027  statute. A schedule for the repeal of such rules shall be
 1028  provided.
 1029         d.A list of all statutes and laws, or parts thereof, that
 1030  grant duplicative, redundant, or unused rulemaking authority, as
 1031  set out in s. 11.242(5)(j), and a recommendation as to what
 1032  statutes, laws, or parts thereof, should be repealed. The agency
 1033  must also provide the list to the Division of Law Revision.
 1034         (e) The plan must include a certification executed on
 1035  behalf of the agency by both the agency head, or, if the agency
 1036  head is a collegial body, the presiding officer; and the
 1037  individual acting as principal legal advisor to the agency head.
 1038  The certification must declare:
 1039         1. Verify That the persons executing the certification have
 1040  reviewed the plan.
 1041         2. Verify That the agency regularly reviews all of its
 1042  rules and identify the period during which all rules have most
 1043  recently been reviewed to determine if the rules remain
 1044  consistent with the agency’s rulemaking authority and the laws
 1045  implemented.
 1046         3.That the agency understands that regulatory
 1047  accountability is necessary to ensure public confidence in the
 1048  integrity of state government and, to that end, the agency is
 1049  diligently working toward reducing the number of regulatory
 1050  requirements consistent with the agency’s rulemaking authority
 1051  and the laws implemented.
 1052         4.The total number of rules adopted and repealed during
 1053  the previous 12 months.
 1054         5.That all actions set forth in the prior annual
 1055  regulatory plan have been completed or are on a schedule to be
 1056  completed.
 1057         6.That all materials incorporated by reference in the
 1058  rules reviewed are available in the manner prescribed by s.
 1059  120.54(1)(i)3.a. or b.
 1060         (2) PUBLICATION AND DELIVERY TO THE COMMITTEE.—
 1061         (a) By October 1 of each year, each agency shall:
 1062         1. Publish its regulatory plan on its website or on another
 1063  state website established for publication of administrative law
 1064  records. A clearly labeled hyperlink to the current plan must be
 1065  included on the agency’s primary website homepage.
 1066         2. Electronically deliver to the committee a copy of the
 1067  certification required in paragraph (1)(e) (1)(d).
 1068         3. Publish in the Florida Administrative Register a notice
 1069  identifying the date of publication of the agency’s regulatory
 1070  plan. The notice must include a hyperlink or website address
 1071  providing direct access to the published plan.
 1072         (b) To satisfy the requirements of paragraph (a), a board
 1073  established under s. 20.165(4), and any other board or
 1074  commission receiving administrative support from the Department
 1075  of Business and Professional Regulation, may coordinate with the
 1076  Department of Business and Professional Regulation, and a board
 1077  established under s. 20.43(3)(g) may coordinate with the
 1078  Department of Health, for inclusion of the board’s or
 1079  commission’s plan and notice of publication in the coordinating
 1080  department’s plan and notice and for the delivery of the
 1081  required documentation to the committee.
 1082         (c) A regulatory plan prepared under subsection (1) and any
 1083  regulatory plan published under this chapter before July 1,
 1084  2014, shall be maintained at an active website for 10 years
 1085  after the date of initial publication on the agency’s website or
 1086  another state website.
 1087         (3) DEPARTMENT REVIEW OF BOARD PLAN.—By October 15 of each
 1088  year:
 1089         (a) For each board established under s. 20.165(4) and any
 1090  other board or commission receiving administrative support from
 1091  the Department of Business and Professional Regulation, the
 1092  Department of Business and Professional Regulation shall file
 1093  with the committee a certification that the department has
 1094  reviewed each board’s and commission’s regulatory plan. A
 1095  certification may relate to more than one board or commission.
 1096         (b) For each board established under s. 20.43(3)(g), the
 1097  Department of Health shall file with the committee a
 1098  certification that the department has reviewed the board’s
 1099  regulatory plan. A certification may relate to more than one
 1100  board.
 1101         (4) DEADLINE FOR RULE DEVELOPMENT.—By November 1 of each
 1102  year, each agency shall publish a notice of rule development
 1103  under s. 120.54(2) for each law identified in the agency’s
 1104  regulatory plan pursuant to subparagraph (1)(a)1. for which
 1105  rulemaking is necessary to implement but for which the agency
 1106  did not report the publication of a notice of rule development
 1107  under subparagraph (1)(a)2.
 1108         (5) DEADLINE TO PUBLISH PROPOSED RULE.—For each law for
 1109  which implementing rulemaking is necessary as identified in the
 1110  agency’s plan pursuant to subparagraph (1)(a)1. or subparagraph
 1111  (1)(c)1., the agency shall publish a notice of proposed rule
 1112  pursuant to s. 120.54(3)(a) by April 1 of the year following the
 1113  deadline for the regulatory plan. This deadline may be extended
 1114  if the agency publishes a notice of extension in the Florida
 1115  Administrative Register identifying each rulemaking proceeding
 1116  for which an extension is being noticed by citation to the
 1117  applicable notice of rule development as published in the
 1118  Florida Administrative Register. The agency shall include a
 1119  concise statement in the notice of extension identifying any
 1120  issues that are causing the delay in rulemaking. An extension
 1121  shall expire on October 1 after the April 1 deadline, provided
 1122  that the regulatory plan due on October 1 may further extend the
 1123  rulemaking proceeding by identification pursuant to subparagraph
 1124  (1)(c)1. or conclude the rulemaking proceeding by identification
 1125  pursuant to subparagraph (1)(c)2. A published regulatory plan
 1126  may be corrected at any time to accomplish the purpose of
 1127  extending or concluding an affected rulemaking proceeding and is
 1128  deemed corrected as of the October 1 due date. Upon publication
 1129  of a correction, the agency shall publish in the Florida
 1130  Administrative Register a notice of the date of the correction
 1131  identifying the affected rulemaking proceeding by applicable
 1132  citation to the Florida Administrative Register.
 1133         (6) CERTIFICATIONS.—Each agency shall file a certification
 1134  with the committee upon compliance with subsection (4) and upon
 1135  filing a notice under subsection (5) of either a deadline
 1136  extension or a regulatory plan correction. A certification may
 1137  relate to more than one notice or contemporaneous act. The date
 1138  or dates of compliance shall be noted in each certification.
 1139         (7) SUPPLEMENTING THE REGULATORY PLAN.—After publication of
 1140  the regulatory plan, the agency shall supplement the plan within
 1141  30 days after a bill becomes a law if the law is enacted before
 1142  the next regular session of the Legislature and the law
 1143  substantively modifies the agency’s specifically delegated legal
 1144  duties, unless the law affects all or most state agencies as
 1145  identified by letter to the committee from the Governor or the
 1146  Attorney General. The supplement must include the information
 1147  required in paragraph (1)(a) and shall be published as required
 1148  in subsection (2), but no certification or delivery to the
 1149  committee is required. The agency shall publish in the Florida
 1150  Administrative Register notice of publication of the supplement,
 1151  and include a hyperlink on its website or web address for direct
 1152  access to the published supplement. For each law reported in the
 1153  supplement, if rulemaking is necessary to implement the law, the
 1154  agency shall publish a notice of rule development by the later
 1155  of the date provided in subsection (4) or 60 days after the bill
 1156  becomes a law, and a notice of proposed rule shall be published
 1157  by the later of the date provided in subsection (5) or 120 days
 1158  after the bill becomes a law. The proposed rule deadline may be
 1159  extended to the following October 1 by notice as provided in
 1160  subsection (5). If such proposed rule has not been filed by
 1161  October 1, a law included in a supplement shall also be included
 1162  in the next annual plan pursuant to subsection (1).
 1163         (8) FAILURE TO COMPLY.—If an agency fails to comply with a
 1164  requirement of subsection (1), paragraph (2)(a), or subsection
 1165  (5), within 15 days after written demand from the committee or
 1166  from the chair of any other legislative committee, the agency
 1167  shall deliver a written explanation of the reasons for
 1168  noncompliance to the committee, the President of the Senate, the
 1169  Speaker of the House of Representatives, and the chair of any
 1170  legislative committee requesting the explanation of the reasons
 1171  for noncompliance.
 1172         (9) EDUCATIONAL UNITS.—This section does not apply to
 1173  educational units.
 1174         Section 7. This act shall take effect July 1, 2022.

feedback