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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to administrative procedures; amending 2
s. 120.52, F.S.; defining the term "technical change"; 3
amending s. 120.54, F.S.; requiring a notice of rule 4
development to include certain information; requiring 5
a notice of withdrawal if a notice of p roposed rule is 6
not filed within a certain timeframe; requiring a 7
notice of proposed rule to include certain 8
information; requiring certain notices to be published 9
within a specified timeframe; requiring that material 10
proposed to be incorporated by referen ce be made 11
available in a specified manner; authorizing 12
electronic delivery of notices to persons who have 13
requested advance notice of agency rulemaking 14
proceedings; requiring publication of a notice of 15
correction in certain circumstances; providing that a 16
notice of correction does not affect certain 17
timeframes; revising the circumstances under which a 18
proposed rule's adverse impact on small businesses is 19
considered to exist; requiring an agency to provide 20
notice of a regulatory alternative to the 21
Administrative Procedures Committee before filing the 22
rule for adoption; requiring an agency to publish a 23
notice of convening a separate proceeding in certain 24
circumstances; providing that rulemaking timelines are 25
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tolled during such separate proceedings; requiring a 26
notice of change for certain changes to a statement of 27
estimated regulatory costs; revising the requirements 28
for the contents of a notice of change; requiring the 29
committee to notify the Department of State that the 30
date for an agency to adopt a rule has expired under 31
certain circumstances; requiring the department to 32
publish a notice of withdrawal under certain 33
circumstances; requiring that certain information be 34
available on the agency's website; requiring emergency 35
rules to be published in the Florida Administrative 36
Code; prohibiting agencies from making changes to 37
emergency rules by superseding the rule; authorizing 38
an agency to make technical changes to an emergency 39
rule during a specified timeframe; requiring 40
publication of a notice of the technical change in the 41
Florida Administrative Register; requiring an agency 42
to file a copy of a certain petition with the 43
committee; amending s. 120.541, F.S.; requiring an 44
agency to provide a copy of any proposal for a lower 45
cost regulatory alternative to the comm ittee within a 46
certain timeframe; specifying the circumstances under 47
which such a proposal is made in good faith; revising 48
requirements for an agency's consideration of a lower 49
cost regulatory alternative; providing for an agency's 50
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revision and publication of a revised statement of 51
estimated regulatory costs in response to certain 52
circumstances; requiring that a revised statement of 53
lower cost regulatory alternative be submitted to the 54
rules ombudsman in the Executive Office of the 55
Governor and published in a specified manner; revising 56
the information required in a statement of estimated 57
regulatory cost; deleting the definition of the term 58
"transactional costs"; revising the applicability of 59
specified provisions; providing additional 60
requirements for the cal culation of estimated 61
regulatory costs; requiring the department to include 62
specified information on a website; requiring certain 63
agencies to include certain information in a statement 64
of estimated regulatory costs and on their websites; 65
providing certain requirements for an agency that 66
revises a statement of estimated regulatory costs; 67
amending s. 120.545, F.S.; requiring the committee to 68
examine existing rules; authorizing the committee to 69
file an objection in certain instances; amending s. 70
120.55, F.S.; requiring the Florida Administrative 71
Code to contain complete indexes to any material 72
incorporated by reference contained in the code; 73
requiring the Florida Administrative Register to be 74
published once daily and indicate certain information; 75
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requiring material incorporated by reference to be 76
filed in a specified manner after a certain date; 77
requiring the department to include the date of a 78
technical change in the Florida Administrative Code; 79
providing that a technical change does not affect the 80
effective date of a rule; requiring a technical change 81
made after rule adoption to be published as a notice 82
of correction; requiring specified rulemaking; 83
amending s. 120.74, F.S.; requiring an agency's 84
regulatory plan to identify and describe each rule the 85
agency plans to develop, adopt, or repeal during the 86
forthcoming year; requiring such plan to include a 87
schedule for rule review and an index and summary of 88
certain rules; requiring the agency to provide a 89
certain list to the Division of Law Revision; 90
requiring a certification in such plan to make certain 91
declarations; requiring an agency to deliver to 92
certain persons a written explanation of 93
noncompliance; providing an effective date. 94
95
Be It Enacted by the Legislature of the State of Florida: 96
97
Section 1. Subsections (20) through (22) of section 98
120.52, Florida Statutes, are renumbered as subsections (21) 99
through (23), respectively, and a new subsection (20) is added 100
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to that section to read: 101
120.52 Definitions. —As used in this act: 102
(20) "Technical change" means a change limited to 103
correcting grammatical, typographical, or similar errors not 104
affecting the substance of the rule. 105
Section 2. Subsections (2) and (3) and paragraph (a) of 106
subsection (7) of section 120.54, Florida Statutes, are amended, 107
and paragraphs (e), (f), and (g) are added to subsection (4) of 108
that section, to read: 109
120.54 Rulemaking.— 110
(2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING. — 111
(a)1. Except when the intended action is the repeal of a 112
rule, agencies shall provide notice of the development of 113
proposed rules by publication of a notice of rule development in 114
the Florida Administrative Register before providing notice of a 115
proposed rule as required by paragraph (3)(a). The notice of 116
rule development must shall indicate the subject area to be 117
addressed by rule development, provide a short, plain 118
explanation of the purpose and effect of the proposed rule, cite 119
the grant of rulemaking authority for the proposed rule and the 120
law being implemented specific legal authority for the p roposed 121
rule, and include the proposed rule number and the preliminary 122
text of the proposed rule rules, if available, or a statement of 123
how a person may promptly obtain, without cost, a copy of any 124
preliminary draft, when if available. 125
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2. If a notice of a proposed rule is not filed within 12 126
months after the notice of rule development, the agency shall 127
withdraw the rule and give notice of the withdrawal in the next 128
available issue of the Florida Administrative Register. 129
(b) All rules should be drafted i n readable language. The 130
language is readable if: 131
1. It avoids the use of obscure words and unnecessarily 132
long or complicated constructions; and 133
2. It avoids the use of unnecessary technical or 134
specialized language that is understood only by members of 135
particular trades or professions. 136
(c) An agency may hold public workshops for purposes of 137
rule development. If requested in writing by any affected 138
person, an agency must hold public workshops, including 139
workshops in various regions of the state or the agency's 140
service area, for purposes of rule development if requested in 141
writing by any affected person , unless the agency head explains 142
in writing why a workshop is unnecessary. The explanation is not 143
final agency action subject to review pursuant to ss. 1 20.569 144
and 120.57. The failure to provide the explanation when required 145
may be a material error in procedure pursuant to s. 146
120.56(1)(c). When a workshop or public hearing is held, the 147
agency must ensure that the persons responsible for preparing 148
the proposed rule are available to explain the agency's proposal 149
and to respond to questions or comments regarding the rule being 150
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developed. The workshop may be facilitated or mediated by a 151
neutral third person, or the agency may employ other types of 152
dispute resolution alternatives for the workshop that are 153
appropriate for rule development. Notice of a workshop for rule 154
development must workshop shall be by publication in the Florida 155
Administrative Register not fewer less than 14 days before prior 156
to the date on which the workshop is scheduled to be held and 157
must shall indicate the subject area that which will be 158
addressed; the agency contact person; and the place, date, and 159
time of the workshop. 160
(d)1. An agency may use negotiated rulemaking in 161
developing and adopting rules. The agency should consider the 162
use of negotiated rulemaking when complex rules are being 163
drafted or strong opposition to the rules is anticipated. The 164
agency should consider, but is not limited to considering, 165
whether a balanced committee o f interested persons who will 166
negotiate in good faith can be assembled, whether the agency is 167
willing to support the work of the negotiating committee, and 168
whether the agency can use the group consensus as the basis for 169
its proposed rule. Negotiated rulema king uses a committee of 170
designated representatives to draft a mutually acceptable 171
proposed rule. 172
2. An agency that chooses to use the negotiated rulemaking 173
process described in this paragraph shall publish in the Florida 174
Administrative Register a notice of negotiated rulemaking that 175
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includes a listing of the representative groups that will be 176
invited to participate in the negotiated rulemaking process. Any 177
person who believes that his or her interest is not adequately 178
represented may apply to participate within 30 days after 179
publication of the notice. All meetings of the negotiating 180
committee shall be noticed and open to the public pursuant to 181
the provisions of this chapter. The negotiating committee shall 182
be chaired by a neutral facilitator or mediator. 183
3. The agency's decision to use negotiated rulemaking, its 184
selection of the representative groups, and approval or denial 185
of an application to participate in the negotiated rulemaking 186
process are not agency action. Nothing in This subparagraph is 187
not intended to affect the rights of a substantially an affected 188
person to challenge a proposed rule developed under this 189
paragraph in accordance with s. 120.56(2). 190
(3) ADOPTION PROCEDURES. — 191
(a) Notices.— 192
1. Before Prior to the adoption, amendment, or repea l of 193
any rule other than an emergency rule, an agency, upon approval 194
of the agency head, shall give notice of its intended action, 195
setting forth a short, plain explanation of the purpose and 196
effect of the proposed action; the proposed rule number and the 197
full text of the proposed rule or amendment and a summary 198
thereof; a reference to the grant of rulemaking authority 199
pursuant to which the rule is adopted; and a reference to the 200
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section or subsection of the Florida Statutes or the Laws of 201
Florida being implemented or interpreted. The notice must 202
include a summary of the agency's statement of the estimated 203
regulatory costs, if one has been prepared, based on the factors 204
set forth in s. 120.541(2) , which describes the regulatory 205
impact of the proposed rule in readable language; an agency 206
website address where the statement of estimated regulatory 207
costs can be viewed in its entirety, if one has been prepared ; a 208
statement that any person who wishes to provide the agency with 209
information regarding the statement of estimated regulatory 210
costs, or to provide a proposal for a lower cost regulatory 211
alternative as provided by s. 120.541(1), must do so in writing 212
within 21 days after publication of the notice; and a statement 213
as to whether, based on the statement of the e stimated 214
regulatory costs or other information expressly relied upon and 215
described by the agency if no statement of regulatory costs is 216
required, the proposed rule is expected to require legislative 217
ratification pursuant to s. 120.541(3). The notice must s tate 218
the procedure for requesting a public hearing on the proposed 219
rule. Except when the intended action is the repeal of a rule, 220
the notice must include a reference both to the date on which 221
and to the place where the notice of rule development that is 222
required by subsection (2) appeared. 223
2. The notice shall be published in the Florida 224
Administrative Register at least 7 days after the publication of 225
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the notice of rule development and at least not less than 28 226
days before prior to the intended action. The proposed rule, 227
including all materials proposed to be incorporated by reference 228
and the statement of estimated regulatory costs, if one has been 229
prepared, must shall be available for inspection and copying by 230
the public at the time of the publication of notice. After 231
December 31, 2022, material proposed to be incorporated by 232
reference in the notice required by this paragraph must be made 233
available in the manner prescr ibed by sub-subparagraph 234
(1)(i)3.a. or sub-subparagraph (1)(i)3.b. 235
3. The notice shall be mailed to all persons named in the 236
proposed rule and mailed or delivered electronically to all 237
persons who, at least 14 days before publication of the notice 238
prior to such mailing, have made requests of the agency for 239
advance notice of its proceedings. The agency shall also give 240
such notice as is prescribed by rule to those particular classes 241
of persons to whom the intended action is directed. 242
4. The adopting agenc y shall file with the committee, at 243
least 21 days before prior to the proposed adoption date, a copy 244
of each rule it proposes to adopt; a copy of any material 245
incorporated by reference in the rule; a detailed written 246
statement of the facts and circumstance s justifying the proposed 247
rule; a copy of any statement of estimated regulatory costs that 248
has been prepared pursuant to s. 120.541; a statement of the 249
extent to which the proposed rule relates to federal standards 250
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or rules on the same subject; and the not ice required by 251
subparagraph 1. 252
5. If any of the information, other than substantive 253
changes to the rule text, which is required to be included in 254
the notice required by subparagraph 1., is omitted or is 255
incorrect, the agency must publish a notice of cor rection. A 256
notice of correction does not affect the timeframes for filing 257
the rule for adoption as set forth in paragraph (e). Technical 258
changes are not required to be published as a notice of 259
correction. 260
(b) Special matters to be considered in rule adop tion.— 261
1. Statement of estimated regulatory costs. —Before the 262
adoption, amendment, or repeal of any rule other than an 263
emergency rule, an agency is encouraged to prepare a statement 264
of estimated regulatory costs of the proposed rule, as provided 265
by s. 120.541. However, an agency must prepare a statement of 266
estimated regulatory costs of the proposed rule, as provided by 267
s. 120.541, if: 268
a. The proposed rule will have an adverse impact on small 269
business; or 270
b. The proposed rule is likely to directly or i ndirectly 271
increase regulatory costs in excess of $200,000 in the aggregate 272
in this state within 1 year after the implementation of the 273
rule. 274
2. Small businesses, small counties, and small cities. — 275
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a. For purposes of this subsection and s. 120.541(2), a n 276
adverse impact on small businesses, as defined in s. 288.703 or 277
sub-subparagraph b., exists if, for any small business: 278
(I) An owner, officer, operator, or manager must complete 279
any education, training, or testing to comply with the rule in 280
the first year or is likely to spend at least 10 hours or 281
purchase professional advice to understand and comply with the 282
rule in the first year; 283
(II) Taxes or fees assessed on transactions are likely to 284
increase by $500 or more in the aggregate in 1 year because of 285
the rule; 286
(III) Prices charged for goods and services are restricted 287
or are likely to increase because of the rule; 288
(IV) Specially trained, licensed, or tested employees will 289
be required because of the rule; 290
(V) Operating costs are expected to incre ase by at least 291
$1,000 annually because of the rule; or 292
(VI) Capital expenditures in excess of $1,000 are 293
necessary to comply with the rule. 294
b. Each agency, before the adoption, amendment, or repeal 295
of a rule, shall consider the impact of the rule on s mall 296
businesses as defined in by s. 288.703 and the impact of the 297
rule on small counties or small cities as defined in by s. 298
120.52. Whenever practicable, an agency shall tier its rules to 299
reduce disproportionate impacts on small businesses, small 300
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counties, or small cities to avoid regulating small businesses, 301
small counties, or small cities that do not contribute 302
significantly to the problem the rule is designed to address. An 303
agency may define "small business" to include businesses 304
employing more than 200 persons, may define "small county" to 305
include those with populations of more than 75,000, and may 306
define "small city" to include those with populations of more 307
than 10,000, if it finds that such a definition is necessary to 308
adapt a rule to the needs and p roblems of small businesses, 309
small counties, or small cities. The agency shall consider each 310
of the following methods for reducing the impact of the proposed 311
rule on small businesses, small counties, and small cities, or 312
any combination of these entities: 313
(I) Establishing less stringent compliance or reporting 314
requirements in the rule. 315
(II) Establishing less stringent schedules or deadlines in 316
the rule for compliance or reporting requirements. 317
(III) Consolidating or simplifying the rule's compliance 318
or reporting requirements. 319
(IV) Establishing performance standards or best management 320
practices to replace design or operational standards in the 321
rule. 322
(V) Exempting small businesses, small counties, or small 323
cities from any or all requirements of the r ule. 324
c.(I)b.(I) If the agency determines that the proposed 325
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action will affect small businesses as defined by the agency as 326
provided in sub-subparagraph b. a., the agency shall send 327
written notice of the rule to the rules ombudsman in the 328
Executive Office of the Governor at least 28 days before the 329
intended action. 330
(II) Each agency shall adopt those regulatory alternatives 331
offered by the rules ombudsman in the Executive Office of the 332
Governor and provided to the agency no later than 21 days after 333
the rules ombudsman's receipt of the written notice of the rule 334
which it finds are feasible and consistent with the stated 335
objectives of the proposed rule and which would reduce the 336
impact on small businesses. When regulatory alternatives are 337
offered by the rules ombudsman in the Executive Office of the 338
Governor, the 90-day period for filing the rule in subparagraph 339
(e)2. is extended for a period of 21 days. At least 21 days 340
before filing the rule for adoption, the agency shall provide a 341
copy of any regulatory alternative offered to the agency to the 342
committee. 343
(III) If an agency does not adopt all alternatives offered 344
pursuant to this sub -subparagraph, it shall, before rule 345
adoption or amendment and pursuant to subparagraph (d)1., file a 346
detailed written statement with the committee explaining the 347
reasons for failure to ado pt such alternatives. Within 3 working 348
days after the filing of such notice, the agency shall send a 349
copy of such notice to the rules ombudsman in the Executive 350
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Office of the Governor. 351
(c) Hearings.— 352
1. If the intended action concerns any rule other th an one 353
relating exclusively to procedure or practice, the agency shall, 354
on the request of any affected person received within 21 days 355
after the date of publication of the notice of intended agency 356
action, give affected persons an opportunity to present evi dence 357
and argument on all issues under consideration. The agency may 358
schedule a public hearing on the proposed rule and, if requested 359
by any affected person, shall schedule a public hearing on the 360
proposed rule. When a public hearing is held, the agency mu st 361
ensure that staff are available to explain the agency's proposal 362
and to respond to questions or comments regarding the proposed 363
rule. If the agency head is a board or other collegial body 364
created under s. 20.165(4) or s. 20.43(3)(g), and one or more 365
requested public hearings is scheduled, the board or other 366
collegial body shall conduct at least one of the public hearings 367
itself and may not delegate this responsibility without the 368
consent of those persons requesting the public hearing. Any 369
material pertinent to the issues under consideration submitted 370
to the agency within 21 days after the date of publication of 371
the notice or submitted to the agency between the date of 372
publication of the notice and the end of the final public 373
hearing shall be considered by the agency and made a part of the 374
record of the rulemaking proceeding. 375
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2. Rulemaking proceedings shall be governed solely by the 376
provisions of this section unless a person timely asserts that 377
the person's substantial interests will be affected in the 378
proceeding and affirmatively demonstrates to the agency that the 379
proceeding does not provide adequate opportunity to protect 380
those interests. If the agency determines that the rulemaking 381
proceeding is not adequate to protect the person's interests, it 382
shall suspend the rulemaking proceeding and convene a separate 383
proceeding under the provisions of ss. 120.569 and 120.57. The 384
agency shall publish notice of convening a separate proceeding 385
in the Florida Administrative Register. Similarly situated 386
persons may be requested to join and participate in the separate 387
proceeding. Upon conclusion of the separate proceeding, the 388
rulemaking proceeding shall be resumed. All timelines in this 389
section are tolled during any suspension of the rulemaking 390
proceeding under this su bparagraph, beginning on the date the 391
notice of convening a separate proceeding is published and 392
resuming on the day after the conclusion of the separate 393
proceeding. 394
(d) Modification or withdrawal of proposed rules. — 395
1. After the final public hearing o n the proposed rule, or 396
after the time for requesting a hearing has expired, if the 397
proposed rule has not been changed from the proposed rule as 398
previously filed with the committee, or contains only technical 399
changes, the adopting agency shall file a notic e to that effect 400
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with the committee at least 7 days before prior to filing the 401
proposed rule for adoption. Any change, other than a technical 402
change that does not affect the substance of the rule , must be 403
supported by the record of public hearings held on the proposed 404
rule, must be in response to written material submitted to the 405
agency within 21 days after the date of publication of the 406
notice of intended agency action or submitted to the agency 407
between the date of publication of the notice and the end of the 408
final public hearing, or must be in response to a proposed 409
objection by the committee. Any change, other than a technical 410
change, to a statement of estimated regulatory costs requires a 411
notice of change. In addition, when any change, other than a 412
technical change, to the text of is made in a proposed rule or 413
any material incorporated by reference requires , other than a 414
technical change, the adopting agency to shall provide a copy of 415
a notice of change by certified mail or actual delivery to any 416
person who requests it in writing no later than 21 days after 417
the notice required in paragraph (a). The agency shall file the 418
notice of change with the committee, along with the reasons for 419
the change, and provide the notice of change to persons 420
requesting it, at least 21 days before prior to filing the 421
proposed rule for adoption. The notice of change shall be 422
published in the Florida Administrative Register at least 21 423
days before prior to filing the proposed rule for adoption. The 424
notice of change must include a summary of any revision to a 425
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statement of estimated regulatory costs required by s. 426
120.541(1)(c). This subparagraph does not apply to emergency 427
rules adopted pursuant to subsection (4). After December 31, 428
2022, material proposed to be incorporated by reference in the 429
notice required by this paragraph must be made available in the 430
manner prescribed by sub -subparagraph (1)(i)3.a. or sub -431
subparagraph (1)(i)3.b. 432
2. After the notice required by paragraph (a) and before 433
prior to adoption, the agency may withdraw the proposed rule in 434
whole or in part. 435
3. After the notice required by paragraph (a), the agency 436
shall withdraw the proposed rule if the agency has failed to 437
adopt it within the prescribed timeframes in this chapter . The 438
committee shall notify the agency that it has exceeded the 439
timeframe to adopt the proposed rule. If, 30 days after notice 440
by the committee, the agency has not given notice of the 441
withdrawal of the rule, the committee shall notify the 442
Department of State that the date for adoption of the rule has 443
expired, and the Department of State shall publish a notice of 444
withdrawal of the proposed rule. 445
4.3. After adoption and before the rule becomes effective, 446
a rule may be modified or withdrawn only in the foll owing 447
circumstances: 448
a. When the committee objects to the rule; 449
b. When a final order, which is not subject to further 450
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appeal, is entered in a rule challenge brought pursuant to s. 451
120.56 after the date of adoption but before the rule becomes 452
effective pursuant to subparagraph (e)6.; 453
c. If the rule requires ratification, when more than 90 454
days have passed since the rule was filed for adoption without 455
the Legislature ratifying the rule, in which case the rule may 456
be withdrawn but may not be modified; o r 457
d. When the committee notifies the agency that an 458
objection to the rule is being considered, in which case the 459
rule may be modified to extend the effective date by not more 460
than 60 days. 461
5.4. The agency shall give notice of its decision to 462
withdraw or modify a rule in the first available issue of the 463
publication in which the original notice of rulemaking was 464
published, shall notify those persons described in subparagraph 465
(a)3. in accordance with the requirements of that subparagraph, 466
and shall notify the Department of State if the rule is required 467
to be filed with the Department of State. 468
6.5. After a rule has become effective, it may be repealed 469
or amended only through the rulemaking procedures specified in 470
this chapter. 471
(e) Filing for final adopt ion; effective date. — 472
1. If the adopting agency is required to publish its rules 473
in the Florida Administrative Code, the agency, upon approval of 474
the agency head, shall file with the Department of State three 475
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certified copies of the rule it proposes to a dopt; one copy of 476
any material incorporated by reference in the rule, certified by 477
the agency; a summary of the rule; a summary of any hearings 478
held on the rule; and a detailed written statement of the facts 479
and circumstances justifying the rule. Agencies not required to 480
publish their rules in the Florida Administrative Code shall 481
file one certified copy of the proposed rule, and the other 482
material required by this subparagraph, in the office of the 483
agency head, and such rules shall be open to the public. 484
2. A rule may not be filed for adoption less than 28 days 485
or more than 90 days after the notice required by paragraph (a), 486
until 21 days after the notice of change required by paragraph 487
(d), until 14 days after the final public hearing, until 21 days 488
after a statement of estimated regulatory costs required under 489
s. 120.541 has been provided to all persons who submitted a 490
lower cost regulatory alternative and made available to the 491
public at a readily accessible page on the agency's website , or 492
until the administrative law judge has rendered a decision under 493
s. 120.56(2), whichever applies. When a required notice of 494
change is published before prior to the expiration of the time 495
to file the rule for adoption, the period during which a rule 496
must be filed for ad option is extended to 45 days after the date 497
of publication. If notice of a public hearing is published 498
before prior to the expiration of the time to file the rule for 499
adoption, the period during which a rule must be filed for 500
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adoption is extended to 45 da ys after adjournment of the final 501
hearing on the rule, 21 days after receipt of all material 502
authorized to be submitted at the hearing, or 21 days after 503
receipt of the transcript, if one is made, whichever is latest. 504
The term "public hearing" includes any public meeting held by 505
any agency at which the rule is considered. If a petition for an 506
administrative determination under s. 120.56(2) is filed, the 507
period during which a rule must be filed for adoption is 508
extended to 60 days after the administrative law judge files the 509
final order with the clerk or until 60 days after subsequent 510
judicial review is complete. 511
3. At the time a rule is filed, the agency shall certify 512
that the time limitations prescribed by this paragraph have been 513
complied with, that all st atutory rulemaking requirements have 514
been met, and that there is no administrative determination 515
pending on the rule. 516
4. At the time a rule is filed, the committee shall 517
certify whether the agency has responded in writing to all 518
material and timely writt en comments or written inquiries made 519
on behalf of the committee. The Department of State shall reject 520
any rule that is not filed within the prescribed time limits; 521
that does not comply with all statutory rulemaking requirements 522
and rules of the Department of State; upon which an agency has 523
not responded in writing to all material and timely written 524
inquiries or written comments; upon which an administrative 525
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determination is pending; or which does not include a statement 526
of estimated regulatory costs, if re quired. 527
5. If a rule has not been adopted within the time limits 528
imposed by this paragraph or has not been adopted in compliance 529
with all statutory rulemaking requirements, the agency proposing 530
the rule shall withdraw the proposed rule and give notice of its 531
action in the next available issue of the Florida Administrative 532
Register. 533
6. The proposed rule shall be adopted on being filed with 534
the Department of State and become effective 20 days after being 535
filed, on a later date specified in the notice requ ired by 536
subparagraph (a)1., on a date required by statute, or upon 537
ratification by the Legislature pursuant to s. 120.541(3). Rules 538
not required to be filed with the Department of State shall 539
become effective when adopted by the agency head, on a later 540
date specified by rule or statute, or upon ratification by the 541
Legislature pursuant to s. 120.541(3). If the committee notifies 542
an agency that an objection to a rule is being considered, the 543
agency may postpone the adoption of the rule to accommodate 544
review of the rule by the committee. When an agency postpones 545
adoption of a rule to accommodate review by the committee, the 546
90-day period for filing the rule is tolled until the committee 547
notifies the agency that it has completed its review of the 548
rule. 549
550
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For the purposes of this paragraph, the term "administrative 551
determination" does not include subsequent judicial review. 552
(4) EMERGENCY RULES. — 553
(e) Emergency rules shall be published in the Florida 554
Administrative Code. 555
(f) An agency may not supersede an emerg ency rule 556
currently in effect. 557
(g) An agency may make technical changes to an emergency 558
rule within the first 7 days after the rule is adopted and must 559
publish a notice of the technical change in the Florida 560
Administrative Register. 561
(7) PETITION TO INITIATE RULEMAKING. — 562
(a) Any person regulated by an agency or having 563
substantial interest in an agency rule may petition an agency to 564
adopt, amend, or repeal a rule or to provide the minimum public 565
information required by this chapter. The petition shal l specify 566
the proposed rule and action requested. The agency shall file a 567
copy of the petition with the committee. Not later than 30 568
calendar days following the date of filing a petition, the 569
agency shall initiate rulemaking proceedings under this chapter, 570
otherwise comply with the requested action, or deny the petition 571
with a written statement of its reasons for the denial. 572
Section 3. Section 120.541, Florida Statutes, is amended 573
to read: 574
120.541 Statement of estimated regulatory costs. — 575
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(1)(a) Within 21 days after publication of the notice of a 576
proposed rule or notice of change required under s. 577
120.54(3)(a), a substantially affected person may submit to an 578
agency a good faith written proposal for a lower cost regulatory 579
alternative to a proposed r ule which substantially accomplishes 580
the objectives of the law being implemented. The agency shall 581
provide a copy of any proposal for a lower cost regulatory 582
alternative to the committee at least 21 days before filing the 583
rule for adoption. The proposal may include the alternative of 584
not adopting any rule if the proposal explains how the lower 585
costs and objectives of the law will be achieved by not adopting 586
any rule. If submitted after a notice of change, a proposal for 587
a lower cost regulatory alternative i s deemed to be made in good 588
faith only if the person reasonably believes, and the proposal 589
states the person's reasons for believing, that the proposed 590
rule as changed by the notice of change increases the regulatory 591
costs or creates an adverse impact on s mall businesses that was 592
not created by the previous proposed rule. If such a proposal is 593
submitted, the 90-day period for filing the rule is extended 21 594
days. Upon the submission of the lower cost regulatory 595
alternative, the agency shall prepare a stateme nt of estimated 596
regulatory costs as provided in subsection (2), or shall revise 597
its prior statement of estimated regulatory costs, and either 598
adopt the alternative proposal, reject the alternative proposal, 599
or modify the proposed rule to reduce the regulat ory costs. If 600
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the agency rejects the alternative proposal or modifies the 601
proposed rule, the agency shall or provide a statement of the 602
reasons for rejecting the alternative in favor of the proposed 603
rule. 604
(b) If a proposed rule will have an adverse impac t on 605
small business or if the proposed rule is likely to directly or 606
indirectly increase regulatory costs in excess of $200,000 in 607
the aggregate within 1 year after the implementation of the 608
rule, the agency shall prepare a statement of estimated 609
regulatory costs as required by s. 120.54(3)(b). 610
(c) The agency shall revise a statement of estimated 611
regulatory costs if any change to the rule made under s. 612
120.54(3)(d) increases the regulatory costs of the rule or if 613
the rule is modified in response to the su bmission of a lower 614
cost regulatory alternative. A summary of the revised statement 615
must be included with any subsequent notice published under s. 616
120.54(3). 617
(d) At least 21 days before filing the proposed rule for 618
adoption, an agency that is required to revise a statement of 619
estimated regulatory costs shall provide the statement to the 620
person who submitted the lower cost regulatory alternative , to 621
the rules ombudsman in the Executive Office of the Governor, and 622
to the committee. The revised statement sha ll be published and 623
made available in the same manner as the original statement of 624
estimated regulatory costs and shall provide notice on the 625
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agency's website that it is available to the public . 626
(e) Notwithstanding s. 120.56(1)(c), the failure of the 627
agency to prepare and publish a statement of estimated 628
regulatory costs or to respond to a written lower cost 629
regulatory alternative as provided in this subsection is a 630
material failure to follow the applicable rulemaking procedures 631
or requirements set forth in this chapter. 632
(f) An agency's failure to prepare and publish a statement 633
of estimated regulatory costs or to respond to a written lower 634
cost regulatory alternative may not be raised in a proceeding 635
challenging the validity of a rule pursuant to s. 120 .52(8)(a) 636
unless: 637
1. Raised in a petition filed no later than 1 year after 638
the effective date of the rule; and 639
2. Raised by a person whose substantial interests are 640
affected by the rule's regulatory costs. 641
(g) A rule that is challenged pursuant to s. 120.52(8)(f) 642
may not be declared invalid unless: 643
1. The issue is raised in an administrative proceeding 644
within 1 year after the effective date of the rule; 645
2. The challenge is to the agency's rejection of a lower 646
cost regulatory alternative offered un der paragraph (a) or s. 647
120.54(3)(b)2.c. s. 120.54(3)(b)2.b.; and 648
3. The substantial interests of the person challenging the 649
rule are materially affected by the rejection. 650
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(2) A statement of estimated regulatory costs must shall 651
include: 652
(a) An economic analysis showing whether the rule directly 653
or indirectly: 654
1. Is likely to have an adverse impact on economic growth, 655
private sector job creation or employment, or private sector 656
investment in excess of $1 million in the aggregate within 5 657
years after the implementation of the rule; 658
2. Is likely to have an adverse impact on business 659
competitiveness, including the ability of persons doing business 660
in the state to compete with persons doing business in other 661
states or domestic markets, productivit y, or innovation in 662
excess of $1 million in the aggregate within 5 years after the 663
implementation of the rule; or 664
3. Is likely to increase regulatory costs, including all 665
any transactional costs and impacts estimated in the statement 666
of estimated regulat ory costs, in excess of $1 million in the 667
aggregate within 5 years after the implementation of the rule. 668
(b) A good faith estimate of the number of individuals , 669
small businesses, and other entities likely to be required to 670
comply with the rule, together with a general description of the 671
types of individuals likely to be affected by the rule. 672
(c) A good faith estimate of the cost to the agency, and 673
to any other state and local government entities, of 674
implementing and enforcing the proposed rule, and any 675
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anticipated effect on state or local revenues. 676
(d) A good faith estimate of the compliance transactional 677
costs likely to be incurred by individuals and entities, 678
including local government entities, required to comply with the 679
requirements of the rule. As used in this section, 680
"transactional costs" are direct costs that are readily 681
ascertainable based upon standard business practices, and 682
include filing fees, the cost of obtaining a license, the cost 683
of equipment required to be installed or used or proced ures 684
required to be employed in complying with the rule, additional 685
operating costs incurred, the cost of monitoring and reporting, 686
and any other costs necessary to comply with the rule. 687
(e) An analysis of the impact on small businesses as 688
defined in by s. 288.703, and an analysis of the impact on small 689
counties and small cities as defined in s. 120.52. The impact 690
analysis for small businesses must include the basis for the 691
agency's decision not to implement alternatives that would 692
reduce adverse impacts on small businesses. 693
(f) Any additional information that the agency determines 694
may be useful. 695
(g) In the statement or revised statement, whichever 696
applies, a description of any regulatory alternatives submitted 697
under paragraph (1)(a) and a statement ad opting the alternative 698
or a statement of the reasons for rejecting the alternative in 699
favor of the proposed rule. 700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) If the adverse impact or regulatory costs of the rule 701
exceed any of the criteria established in paragraph (2)(a), the 702
rule shall be submitted to the President of the Senate and 703
Speaker of the House of Representatives no later than 30 days 704
before prior to the next regular legislative session, and the 705
rule may not take effect until it is ratified by the 706
Legislature. 707
(4) Subsection (3) does not apply to the adoption of: 708
(a) Federal standards pursuant to s. 120.54(6). 709
(b) Triennial updates of and amendments to the Florida 710
Building Code which are expressly authorized by s. 553.73. 711
(c) Triennial updates of and amendments to the Florida 712
Fire Prevention Code which are expressly authorized by s. 713
633.202. 714
(d) Emergency rules adopted pursuant to s. 120.54(4). 715
(5) For purposes of subsections (2) and (3), adverse 716
impacts and regulatory costs likely to occur within 5 years 717
after implementation of the rule include adverse impacts and 718
regulatory costs estimated to occur within 5 years after the 719
effective date of the rule. However, if any provision of the 720
rule is not fully implemented upon the effective date of the 721
rule, the adverse impacts and regulatory costs associated with 722
such provision must be adjusted to include any additional 723
adverse impacts and regulatory costs estimated to occur within 5 724
years after implementation of such provision. 725
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(6)(a) In evaluating the impacts described in paragr aphs 726
(2)(a) and (e), an agency shall include good faith estimates of 727
market impacts likely to result from compliance with the 728
proposed rule, including: 729
1. Increased customer charges for goods or services. 730
2. Decreased market value of goods or services produced, 731
provided, or sold. 732
3. Increased costs resulting from the purchase of 733
substitute or alternative goods or services. 734
4. The reasonable value of time to be spent by owners, 735
officers, operators, and managers to understand and comply with 736
the proposed rule, including, but not limited to, time to be 737
spent to complete required education, training, or testing. 738
5. Capital costs. 739
6. Any other impacts suggested by the rules ombudsman in 740
the Executive Office of the Governor or interested persons. 741
(b) In estimating and analyzing the information required 742
in paragraphs (2)(b) -(e), the agency may use surveys of 743
individuals, businesses, business organizations, counties, and 744
municipalities to collect data helpful to estimate and analyze 745
the costs and impact s. 746
(c) In estimating compliance costs under paragraph (2)(d), 747
the agency shall consider, among other matters, all direct and 748
indirect costs necessary to comply with the proposed rule that 749
are readily ascertainable based upon standard business 750
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practices, including, but not limited to, costs related to: 751
1. Filing fees. 752
2. Expenses to obtain a license. 753
3. Necessary equipment. 754
4. Installation, utilities, and maintenance of necessary 755
equipment. 756
5. Necessary operations and procedures. 757
6. Accounting, financial, information management, and 758
other administrative processes. 759
7. Other processes. 760
8. Labor based on relevant rates of wages, salaries, and 761
benefits. 762
9. Materials and supplies. 763
10. Capital expenditures, including financing costs. 764
11. Professional and technical services, including 765
contracted services necessary to implement and maintain 766
compliance. 767
12. Monitoring and reporting. 768
13. Qualifying and recurring education, training, and 769
testing. 770
14. Travel. 771
15. Insurance and surety requir ements. 772
16. A fair and reasonable allocation of administrative 773
costs and other overhead. 774
17. Reduced sales or other revenues. 775
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18. Other items suggested by the rules ombudsman in the 776
Executive Office of the Governor or any interested person, 777
business organization, or business representative. 778
(7)(a) The Department of State shall include on the 779
Florida Administrative Register website the agency website 780
addresses where statements of estimated regulatory costs may be 781
viewed in their entirety. 782
(b) An agency that prepares a statement of estimated 783
regulatory costs must provide, as part of the notice required 784
under s. 120.54(3)(a), the agency website address where the 785
statement of estimated regulatory costs can be read in its 786
entirety to the Department of S tate for publication in the 787
Florida Administrative Register. 788
(c) If an agency revises its statement of estimated 789
regulatory costs, the agency must provide notice that a revision 790
has been made as provided in s. 120.54(3)(d). Such notice must 791
include the agency website address where the revision can be 792
viewed in its entirety. 793
Section 4. Subsections (1) and (2) of section 120.545, 794
Florida Statutes, are amended to read: 795
120.545 Committee review of agency rules. — 796
(1) As a legislative check on legislatively created 797
authority, the committee shall examine each existing rule and 798
proposed rule, except for those proposed rules exempted by s. 799
120.81(1)(e) and (2), and its accompanying material, and each 800
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emergency rule, and may examine any existing rule, for the 801
purpose of determining whether: 802
(a) The rule is an invalid exercise of delegated 803
legislative authority. 804
(b) The statutory authority for the rule has been 805
repealed. 806
(c) The rule reiterates or paraphrases statu tory material. 807
(d) The rule is in proper form. 808
(e) The notice given before prior to its adoption was 809
sufficient to give adequate notice of the purpose and effect of 810
the rule. 811
(f) The rule is consistent with expressed legislative 812
intent pertaining to the specific provisions of law which the 813
rule implements. 814
(g) The rule is necessary to accomplish the apparent or 815
expressed objectives of the specific provision of law which the 816
rule implements. 817
(h) The rule is a reasonable implementation of the law as 818
it affects the convenience of the general public or persons 819
particularly affected by the rule. 820
(i) The rule could be made less complex or more easily 821
comprehensible to the general public. 822
(j) The rule's statement of estimated regulatory costs 823
complies with the requirements of s. 120.541 and whether the 824
rule does not impose regulatory costs on the regulated person, 825
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county, or city which could be reduced by the adoption of less 826
costly alternatives that substantially accomplish the statutory 827
objectives. 828
(k) The rule will require additional appropriations. 829
(l) If the rule is an emergency rule, there exists an 830
emergency justifying the adoption of such rule, the agency is 831
within its statutory authority, and the rule was adopted in 832
compliance with the requ irements and limitations of s. 833
120.54(4). 834
(2) The committee may request from an agency such 835
information as is reasonably necessary for examination of a rule 836
as required by subsection (1). The committee shall consult with 837
legislative standing committees h aving jurisdiction over the 838
subject areas. If the committee objects to a rule, the committee 839
shall, within 5 days after the objection, certify that fact to 840
the agency whose rule has been examined and include with the 841
certification a statement detailing its objections with 842
particularity. The committee may file an objection for the 843
failure of an agency to repeal or amend an existing rule which 844
the committee identifies as being inconsistent with the powers 845
and duties granted by its enabling statute or having n o enabling 846
statute. The committee shall notify the Speaker of the House of 847
Representatives and the President of the Senate of any objection 848
to an agency rule concurrent with certification of that fact to 849
the agency. Such notice shall include a copy of the rule and the 850
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statement detailing the committee's objections to the rule. 851
Section 5. Paragraphs (a) and (c) of subsection (1) of 852
section 120.55, Florida Statutes, are amended to read: 853
120.55 Publication. — 854
(1) The Department of State shall: 855
(a)1. Through a continuous revision and publication 856
system, compile and publish electronically, on a website managed 857
by the department, the "Florida Administrative Code." The 858
Florida Administrative Code shall contain all rules adopted by 859
each agency, citing the g rant of rulemaking authority and the 860
specific law implemented pursuant to which each rule was 861
adopted, all history notes as authorized in s. 120.545(7), 862
complete indexes to all rules and any material incorporated by 863
reference contained in the code, and any other material required 864
or authorized by law or deemed useful by the department. The 865
electronic code shall display each rule chapter currently in 866
effect in browse mode and allow full text search of the code and 867
each rule chapter. The department may contra ct with a publishing 868
firm for a printed publication; however, the department shall 869
retain responsibility for the code as provided in this section. 870
The electronic publication shall be the official compilation of 871
the administrative rules of this state. The Florida 872
Administrative Register shall be published once daily by 8 a.m. 873
If, after publication, a rule is corrected and replaced, the 874
Florida Administrative Register shall indicate: 875
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a. That the Florida Administrative Register has been 876
republished. 877
b. The rule that has been corrected by the Department of 878
State. 879
880
The Department of State shall retain the copyright over the 881
Florida Administrative Code. 882
2. Not publish in the Florida Administrative Code rules 883
general in form but applicable to only one school district, 884
community college district, or county, or a part thereof, or 885
state university rules relating to internal personnel or 886
business and finance shall not be published in the Florida 887
Administrative Code. Exclusion from publication in the Florida 888
Administrative Code does shall not affect the validity or 889
effectiveness of such rules. 890
3. At the beginning of the section of the code dealing 891
with an agency that files copies of its rules with the 892
department, the department shall publish the address and 893
telephone number of the executive offices of each agency, the 894
manner by which the agency indexes its rules, a listing of all 895
rules of that agency excluded from publication in the code, a 896
listing of all forms and material incorporated by reference 897
adopted by rule which are used by the agency, and a statement as 898
to where those rules may be inspected. 899
4. Not publish forms shall not be published in the Florida 900
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Administrative Code. However,; but any form that which an agency 901
uses in its dealings with the public, along with any 902
accompanying instructions, shall be filed with the committee 903
before it is used. Any form or instruction which meets the 904
definition of the term "rule" as defined provided in s. 120.52 905
shall be incorporated by reference into the appropriate rule. 906
The reference shall specifically state that the form is being 907
incorporated by reference and shall include the number, title, 908
and effective date of the form and an explanation of how the 909
form may be obtained. Each form created by an agency which is 910
incorporated by reference in a rule notice of which is given 911
under s. 120.54(3)(a) after December 31, 2007, must clearly 912
display the number, title, and effective date of the form and 913
the number of the rule in which the form is incorporated. 914
5. Require all materials incorporated by reference in any 915
part of an adopted rule after December 31, 2022, The department 916
shall allow adopted rules and material incorporated by reference 917
to be filed in the manner prescribed by s. 120.54(1)(i)3.a. or 918
b. electronic form as prescribed by department rule . When a rule 919
is filed for adoption with incorporated material in electronic 920
form, the department's publication of the Florida Administrative 921
Code on its website must contain a hyperlink from the 922
incorporating reference in the rule directly to that material. 923
The department may not allow hyperlinks from rules in the 924
Florida Administrative Code to any material other than that 925
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filed with and maintained by the department, but may allow 926
hyperlinks to incorporated material maintained by the department 927
from the adopting agency's website or other sites. 928
6. Include the date of any technical changes to a rule in 929
the history note of the rule in the Florida Administrative Code. 930
A technical change does not affect the effective date of the 931
rule. A technical change made after the adoption of a rule must 932
be published as a notice of correction. 933
(c) Prescribe by rule the style and form required for 934
rules, notices, and other materials submitte d for filing, 935
including a rule requiring documents created by an agency that 936
are proposed to be incorporated by reference in notices 937
published pursuant to s. 120.54(3)(a) and (d) to be coded in the 938
same manner as notices published pursuant to s. 120.54(3)( a)1. 939
Section 6. Subsection (1), paragraph (a) of subsection 940
(2), and subsection (8) of section 120.74, Florida Statutes, are 941
amended to read: 942
120.74 Agency annual rulemaking and regulatory plans; 943
reports.— 944
(1) REGULATORY PLAN. —By October 1 of each year, each 945
agency shall prepare a regulatory plan. 946
(a) The plan must include a listing of each law enacted or 947
amended during the previous 12 months which creates or modifies 948
the duties or authority of the agency. If the Governor or the 949
Attorney General provides a letter to the committee stating that 950
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a law affects all or most agencies, the agency may exclude the 951
law from its plan. For each law listed by an agency under this 952
paragraph, the plan must state: 953
1. Whether the agency must adopt rules to impleme nt the 954
law. 955
2. If rulemaking is necessary to implement the law: 956
a. Whether a notice of rule development has been published 957
and, if so, the citation to such notice in the Florida 958
Administrative Register. 959
b. The date by which the agency expects to publ ish the 960
notice of proposed rule under s. 120.54(3)(a). 961
3. If rulemaking is not necessary to implement the law, a 962
concise written explanation of the reasons why the law may be 963
implemented without rulemaking. 964
(b) The plan must also identify and describe each rule, 965
including each rule number or proposed rule number, that include 966
a listing of each law not otherwise listed pursuant to paragraph 967
(a) which the agency expects to develop, adopt, or repeal for 968
the 12-month period beginning on October 1 and ending on 969
September 30 implement by rulemaking before the following July 970
1, excluding emergency rules except emergency rulemaking . For 971
each rule identified and described law listed under this 972
paragraph, the plan must state whether the rulemaking is 973
intended to simplify, clarify, increase efficiency, improve 974
coordination with other agencies, reduce regulatory costs, or 975
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delete obsolete, unnecessary, or redundant rules. 976
(c) The plan must include any desired update to the prior 977
year's regulatory plan or supplement published pursuant to 978
subsection (7). If, in a prior year, a law was identified under 979
this paragraph or under subparagraph (a)1. as a law requiring 980
rulemaking to implement but a notice of proposed rule has not 981
been published: 982
1. The agency shall identify and again list such law, 983
noting the applicable notice of rule development by citation to 984
the Florida Administrative Register; or 985
2. If the agency has subsequently determined that 986
rulemaking is not necessary to implement the law, the agency 987
shall identify such law, reference the citation to the 988
applicable notice of rule development in the Florida 989
Administrative Register, and provide a concise written 990
explanation of the reason why the law may be implemented without 991
rulemaking. 992
(d)1. The plan must include a schedule for the agency to 993
review its rules for consistency with the powers and duties 994
granted by their enabling statutes in accordance with this 995
paragraph. Each agency must review all of its rules existing 996
before July 1, 2022, in accordance with this p aragraph by July 997
1, 2027. All rules adopted on or after July 1, 2022, and all 998
existing rules reviewed initially by July 1, 2027, shall be 999
reviewed every 10 years after their respective dates of adoption 1000
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or review. This schedule shall be updated on an annua l basis to 1001
ensure that all rules are reviewed every 10 years after their 1002
respective dates of adoption or review. 1003
2. The plan must include an index and summary of rules 1004
reviewed during the previous year listed by number and title. 1005
The index must indicate: 1006
a. The rules reviewed pursuant to this paragraph that are 1007
consistent with the powers and duties granted by their enabling 1008
statutes. 1009
b. The rules reviewed pursuant to this paragraph that 1010
require amendments to remove portions of the rules that are 1011
inconsistent with the powers and duties granted by their 1012
enabling statutes. A summary of the required amendments and a 1013
schedule for rulemaking to amend such rules shall be provided. 1014
c. The rules reviewed pursuant to this paragraph that will 1015
be repealed in their entirety because they do not have enabling 1016
statutes. A schedule for the repeal of such rules shall be 1017
provided. 1018
d. A list of all statutes and laws, or parts thereof, that 1019
grant duplicative, redundant, or unused rulemaking authority, as 1020
set out in s. 11.242(5)(j), and a recommendation as to which 1021
statutes and laws, or parts thereof, should be repealed. The 1022
agency must also provide the list to the Division of Law 1023
Revision. 1024
(e)(d) The plan must include a certification executed on 1025
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behalf of the agency b y both the agency head, or, if the agency 1026
head is a collegial body, the presiding officer; and the 1027
individual acting as principal legal advisor to the agency head. 1028
The certification must declare: 1029
1. Verify That the persons executing the certification 1030
have reviewed the plan. 1031
2. Verify That the agency regularly reviews all of its 1032
rules and identify the period during which all rules have most 1033
recently been reviewed to determine if the rules remain 1034
consistent with the agency's rulemaking authority and the l aws 1035
implemented. 1036
3. That the agency understands that regulatory 1037
accountability is necessary to ensure public confidence in the 1038
integrity of state government and, to that end, the agency is 1039
diligently working toward reducing the number of regulatory 1040
requirements consistent with the agency's rulemaking authority 1041
and the laws implemented. 1042
4. The total number of rules adopted and repealed during 1043
the previous 12 months. 1044
5. That all actions set forth in the prior annual 1045
regulatory plan have been comple ted or are on a schedule to be 1046
completed. 1047
6. That all materials incorporated by reference in the 1048
rules reviewed are available in the manner prescribed by s. 1049
120.54(1)(i)3.a. or b. 1050
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(2) PUBLICATION AND DELIVERY TO THE COMMITTEE. — 1051
(a) By October 1 of ea ch year, each agency shall: 1052
1. Publish its regulatory plan on its website or on 1053
another state website established for publication of 1054
administrative law records. A clearly labeled hyperlink to the 1055
current plan must be included on the agency's primary webs ite 1056
homepage. 1057
2. Electronically deliver to the committee a copy of the 1058
certification required in paragraph (1)(e) (1)(d). 1059
3. Publish in the Florida Administrative Register a notice 1060
identifying the date of publication of the agency's regulatory 1061
plan. The notice must include a hyperlink or website address 1062
providing direct access to the published plan. 1063
(8) FAILURE TO COMPLY. —If an agency fails to comply with a 1064
requirement of subsection (1), paragraph (2)(a), or subsection 1065
(5), within 15 days after writte n demand from the committee or 1066
from the chair of any other legislative committee, the agency 1067
shall deliver a written explanation of the reasons for 1068
noncompliance to the committee, the President of the Senate, the 1069
Speaker of the House of Representatives, an d the chair of any 1070
legislative committee requesting the explanation of the reasons 1071
for noncompliance. 1072
Section 7. This act shall take effect July 1, 2022. 1073