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 rules 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 agencys 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 agencys consideration of a lower 43 cost regulatory alternative; providing for an agencys 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 agencys 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: 99 120.52Definitions.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: 106 120.54Rulemaking. 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 agencys 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 agencys 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 agencys 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 agencys 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 rules 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 ombudsmans 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 agencys 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 persons 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 persons 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 agencys 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: 560 120.541Statement 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 persons 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 agencys 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 agencys 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 rules 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 agencys 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 agencys 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: 780 120.545Committee 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 rules 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 committees 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: 837 120.55Publication. 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 departments 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 agencys 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: 953 120.74Agency 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 years 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 agencys 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 agencys 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 agencys 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 agencys 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 boards or 1079 commissions plan and notice of publication in the coordinating 1080 departments 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 agencys 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 boards and commissions 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 boards 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 agencys 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 agencys 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 agencys 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.