Bill Text: FL S7198 | 2012 | Regular Session | Introduced
Bill Title: State Agencies
Spectrum: Committee Bill
Status: (N/A - Dead) 2012-01-27 - Submit as committee bill by Governmental Oversight and Accountability (SB 2086) [S7198 Detail]
Download: Florida-2012-S7198-Introduced.html
Florida Senate - 2012 (PROPOSED COMMITTEE BILL) SPB 7198 FOR CONSIDERATION By the Committee on Governmental Oversight and Accountability 585-01392B-12 20127198__ 1 A bill to be entitled 2 An act relating to state agencies; repealing s. 3 110.123(13), F.S., relating to the Florida State 4 Employee Wellness Council; repealing s. 258.155, F.S., 5 relating to the Judah P. Benjamin Memorial at Gamble 6 Plantation Historical Site Advisory Council; repealing 7 s. 288.7001, F.S., relating to the Small Business 8 Regulatory Advisory Council; repealing s. 288.7002, 9 F.S., relating to the Office of Small Business 10 Advocate; repealing s. 339.64(5), F.S., relating to 11 the Statewide Intermodal Transportation Advisory 12 Council; repealing s. 381.90, F.S., relating to the 13 Health Information Systems Council; repealing s. 14 624.916, F.S., relating to the Developmental 15 Disabilities Compact Workgroup; repealing s. 1004.63, 16 F.S., relating to the Florida Institute for Nuclear 17 Detection and Security; amending ss. 120.54 and 18 120.745, F.S., relating to rule adoption by state 19 agencies; requiring the rules ombudsman in the 20 Executive Office of the Governor to assume certain 21 duties formerly performed by the Small Business 22 Regulatory Advisory Council; deleting provisions that 23 require the Office of Program Policy Analysis and 24 Government Accountability, upon request, to conduct a 25 study and issue a report to the Governor, the 26 President of the Senate, and the Speaker of the House 27 of Representatives regarding the impact on small 28 business of certain proposed agency rules that have 29 been rejected; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Subsection (13) of section 110.123, Florida 34 Statutes, is repealed. 35 Section 2. Section 258.155, Florida Statutes, is repealed. 36 Section 3. Section 288.7001, Florida Statutes, is repealed. 37 Section 4. Section 288.7002, Florida Statutes, is repealed. 38 Section 5. Subsection (5) of section 339.64, Florida 39 Statutes, is repealed. 40 Section 6. Section 381.90, Florida Statutes, is repealed. 41 Section 7. Section 624.916, Florida Statutes, is repealed. 42 Section 8. Section 1004.63, Florida Statutes, is repealed. 43 Section 9. Paragraph (b) of subsection (3) of section 44 120.54, Florida Statutes, is amended to read: 45 120.54 Rulemaking.— 46 (3) ADOPTION PROCEDURES.— 47 (b) Special matters to be considered in rule adoption.— 48 1. Statement of estimated regulatory costs.—Before the 49 adoption, amendment, or repeal of any rule other than an 50 emergency rule, an agency is encouraged to prepare a statement 51 of estimated regulatory costs of the proposed rule, as provided 52 by s. 120.541. However, an agency must prepare a statement of 53 estimated regulatory costs of the proposed rule, as provided by 54 s. 120.541, if: 55 a. The proposed rule will have an adverse impact on small 56 business; or 57 b. The proposed rule is likely to directly or indirectly 58 increase regulatory costs in excess of $200,000 in the aggregate 59 in this state within 1 year after the implementation of the 60 rule. 61 2. Small businesses, small counties, and small cities.— 62 a. Each agency, before the adoption, amendment, or repeal 63 of a rule, shall consider the impact of the rule on small 64 businesses as defined by s. 288.703 and the impact of the rule 65 on small counties or small cities as defined by s. 120.52. 66 Whenever practicable, an agency shall tier its rules to reduce 67 disproportionate impacts on small businesses, small counties, or 68 small cities to avoid regulating small businesses, small 69 counties, or small cities that do not contribute significantly 70 to the problem the rule is designed to address. An agency may 71 define “small business” to include businesses employing more 72 than 200 persons, may define “small county” to include those 73 with populations of more than 75,000, and may define “small 74 city” to include those with populations of more than 10,000, if 75 it finds that such a definition is necessary to adapt a rule to 76 the needs and problems of small businesses, small counties, or 77 small cities. The agency shall consider each of the following 78 methods for reducing the impact of the proposed rule on small 79 businesses, small counties, and small cities, or any combination 80 of these entities: 81 (I) Establishing less stringent compliance or reporting 82 requirements in the rule. 83 (II) Establishing less stringent schedules or deadlines in 84 the rule for compliance or reporting requirements. 85 (III) Consolidating or simplifying the rule’s compliance or 86 reporting requirements. 87 (IV) Establishing performance standards or best management 88 practices to replace design or operational standards in the 89 rule. 90 (V) Exempting small businesses, small counties, or small 91 cities from any or all requirements of the rule. 92 b.(I) If the agency determines that the proposed action 93 will affect small businesses as defined by the agency as 94 provided in sub-subparagraph a., the agency shall send written 95 notice of the rule to the rules ombudsman in the Executive 96 Office of the GovernorSmall Business Regulatory Advisory97Council and the Department of Economic Opportunityat least 28 98 days before the intended action. 99 (II) Each agency shall adopt those regulatory alternatives 100 offered by the rules ombudsman in the Executive Office of the 101 GovernorSmall Business Regulatory Advisory Counciland provided 102 to the agency no later than 21 days after the council’s receipt 103 of the written notice of the rule which it finds are feasible 104 and consistent with the stated objectives of the proposed rule 105 and which would reduce the impact on small businesses. When 106 regulatory alternatives are offered by the rules ombudsman in 107 the Executive Office of the GovernorSmall Business Regulatory108Advisory Council, the 90-day period for filing the rule in 109 subparagraph (e)2. is extended for a period of 21 days. 110 (III) If an agency does not adopt all alternatives offered 111 pursuant to this sub-subparagraph, it shall, before rule 112 adoption or amendment and pursuant to subparagraph (d)1., file a 113 detailed written statement with the committee explaining the 114 reasons for failure to adopt such alternatives. Within 3 working 115 days after the filing of such notice, the agency shall send a 116 copy of such notice to the rules ombudsman in the Executive 117 Office of the GovernorSmall Business Regulatory Advisory118Council.The Small Business Regulatory Advisory Council may make119a request of the President of the Senate and the Speaker of the120House of Representatives that the presiding officers direct the121Office of Program Policy Analysis and Government Accountability122to determine whether the rejected alternatives reduce the impact123on small business while meeting the stated objectives of the124proposed rule. Within 60 days after the date of the directive125from the presiding officers, the Office of Program Policy126Analysis and Government Accountability shall report to the127Administrative Procedures Committee its findings as to whether128an alternative reduces the impact on small business while129meeting the stated objectives of the proposed rule. The Office130of Program Policy Analysis and Government Accountability shall131consider the proposed rule, the economic impact statement, the132written statement of the agency, the proposed alternatives, and133any comment submitted during the comment period on the proposed134rule. The Office of Program Policy Analysis and Government135Accountability shall submit a report of its findings and136recommendations to the Governor, the President of the Senate,137and the Speaker of the House of Representatives. The138Administrative Procedures Committee shall report such findings139to the agency, and the agency shall respond in writing to the140Administrative Procedures Committee if the Office of Program141Policy Analysis and Government Accountability found that the142alternative reduced the impact on small business while meeting143the stated objectives of the proposed rule. If the agency will144not adopt the alternative, it must also provide a detailed145written statement to the committee as to why it will not adopt146the alternative.147 Section 10. Paragraphs (a) and (c) of subsection (5) of 148 section 120.745, Florida Statutes, are amended to read: 149 120.745 Legislative review of agency rules in effect on or 150 before November 16, 2010.— 151 (5) COMPLIANCE ECONOMIC REVIEW OF RULES AND REQUIRED 152 REPORT.—Each agency shall perform a compliance economic review 153 and report for all rules, including separate reviews of 154 subparts, listed under Group 1 “Group 1 rules” or Group 2 “Group 155 2 rules” pursuant to subparagraph (2)(g)3. Group 1 rules shall 156 be reviewed and reported on in 2012, and Group 2 rules shall be 157 reviewed and reported on in 2013. 158 (a) No later than May 1, each agency shall: 159 1. Complete a compliance economic review for each entire 160 rule or subpart in the appropriate group. 161 2. File the written certification of the agency head with 162 the committee verifying the completion of each compliance 163 economic review required for the respective year. The 164 certification shall be dated and published as an addendum to the 165 report required in subsection (3). The duty to certify 166 completion of the required compliance economic reviews is the 167 responsibility solely of the agency head as defined in s. 168 120.52(3) and may not be delegated to any other person. If the 169 defined agency head is a collegial body, the written 170 certification must be prepared by the chair or equivalent 171 presiding officer of that body. 172 3. Publish a copy of the compliance economic review, 173 directions on how and when interested parties may submit lower 174 cost regulatory alternatives to the agency, and the date the 175 notice is published in the manner provided in subsection (7). 176 4. Publish notice of the publications required in 177 subparagraphs 2. and 3. in the manner provided in subsection 178 (7). 179 5. Submit each compliance economic review to the rules 180 ombudsman in the Executive Office of the GovernorSmall Business181Regulatory Advisory Councilfor its review. 182 (c) No later than August 1, the rules ombudsman in the 183 Executive Office of the GovernorSmall Business Regulatory184Advisory Councilmay submit lower cost regulatory alternatives 185 to any rule to the agency that adopted the rule. No later than 186 June 15, other interested parties may submit lower cost 187 regulatory alternatives to any rule. 188 Section 11. This act shall take effect July 1, 2012.