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A bill to be entitled 1
An act relating to administrative procedures and 2
permitting process review; amending s. 120.52, F.S.; 3
defining the terms "repromulgation" and "technical 4
change"; amending s. 120.54, F.S.; applying certain 5
provisions applicable to all rules other than 6
emergency rules to rules amended or repromulgated on 7
or after a specified date; requiring agencies to 8
publish a certain notice of rule development in the 9
Florida Administrative Register within a specified 10
timeframe before providing notice of a proposed rule; 11
requiring that a notice of rule development cite the 12
grant of rulemaking authority; requiring that a notice 13
of rule development contain a proposed rule number and 14
specified statements; requiring that notice of a 15
proposed rule be published in the Florida 16
Administrative Register within a specified timeframe 17
after the most recent notice of rule development; 18
revising the scope of public workshops to include 19
information gathering for the preparation of 20
statements of estimated regulatory costs; requiring 21
that a notice of proposed rule include a website 22
address where a statement of estimated regulatory 23
costs can be viewed if one has been prepared; 24
requiring that a notice of proposed rule include a 25
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specified statement; requiring that a notice of 26
proposed rule include certain information relied upon 27
by the agency in certain circumstances; requiring that 28
material proposed to be incorporated by reference and 29
the statement of estimated regulatory costs be made 30
available to the public; requiring that material 31
proposed to be incorporated by reference be made 32
available in a specified manner; authorizing 33
electronic delivery of notices to persons who have 34
requested advance notice of agency rulemaking 35
proceedings; providing that an agency is not required 36
to prepare a statement of estimated regulatory costs 37
before a proposed rule repeal; providing an exception; 38
requiring that certain proposed rule repeals be 39
considered presumptively correct in a proceeding 40
before the Division of Administrative Hearings or a 41
court of competent juris diction; requiring an agency 42
to provide notice of a regulatory alternative to the 43
Administrative Procedures Committee within a certain 44
timeframe; requiring certain agency personnel to 45
attend public hearings on proposed rules; requiring an 46
agency to publish a notice of convening a separate 47
proceeding in certain circumstances; providing that 48
rulemaking timelines are tolled during such separate 49
proceedings; providing that such timelines resume the 50
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day after the conclusion of such proceedings; 51
requiring that notice of conclusion of such 52
proceedings be provided to the committee; revising 53
requirements for the contents of a notice of change; 54
requiring the committee to notify the Department of 55
State that the date for an agency to adopt a proposed 56
rule has expired under certain circumstances; 57
requiring the department to publish a notice of 58
withdrawal of the proposed rule under certain 59
circumstances; requiring that a certain rule be 60
withdrawn if the rule has not been ratified within a 61
specified timeframe; requiring the agency, upon 62
approval of the agency head, to electronically file 63
with the department a certified copy of the proposed 64
rule; requiring the committee to notify the department 65
that the date for adoption of a rule has expired in 66
certain circumstances; requiri ng the department to 67
publish a notice of withdrawal of the rule in certain 68
circumstances; prohibiting an emergency rule from 69
being effective for longer than a specified timeframe; 70
providing that such rule is not renewable; providing 71
an exception; requiring that emergency rules be 72
published in the Florida Administrative Code; 73
authorizing agencies to supersede an emergency rule 74
through adoption of another emergency rule; providing 75
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requirements for adopting the new rule; authorizing an 76
agency to make technical changes to an emergency rule 77
during a specified timeframe; requiring that notice of 78
renewal of an emergency rule be published in the 79
Florida Administrative Register before the expiration 80
of the existing emergency rule; requiring that the 81
notice state specified facts and reasons for the 82
renewal; requiring that emergency rules be published 83
in a certain section of the Florida Administrative 84
Code; requiring specified emergency rules to contain a 85
certain history note; providing that certain emergency 86
rules may be repealed at any time while the rule is in 87
effect by publishing a certain notice in the Florida 88
Administrative Register; requiring an agency to file a 89
copy of a certain petition with the committee; making 90
technical changes; amending s. 120.541, F.S.; 91
requiring an agency to provide a copy of a proposal 92
for a lower cost regulatory alternative to the 93
committee within a certain timeframe; specifying the 94
circumstances under which such proposal is deemed to 95
be made in good faith; revising requirements for an 96
agency upon receipt of a proposal for a lower cost 97
regulatory alternative; providing for an agency's 98
revision and publication of a revised statement of 99
estimated regulatory costs in response to such 100
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alternatives; requiring that the revised statement of 101
estimated regulatory costs be made available in the 102
same manner as the original; deleting the definition 103
of the term "transactional costs"; revising the 104
applicability of specified provisions; requiring an 105
agency to provide a specified notice of a revision to 106
the statement of estimated regulatory costs; making 107
technical changes; creating s. 120.5435, F.S.; 108
providing legislative intent; requiring agency review 109
of rules and repromulgation of rules that do not 110
require substantive changes; requiring that certain 111
rules be reviewed and amended, repealed, or 112
repromulgated within a specified timeframe and every 5 113
years thereafter; requiring any variation from this 114
schedule to be reflected in the agency's regulatory 115
plan; requiring the committee to provide each agency 116
with a specified list by a specified date annually; 117
providing that the failure of an agency to adhere to 118
specified deadlines constitutes a material failure and 119
is the basis for a specified objection; requiring an 120
agency to publish a notice of repromulgation in the 121
Florida Administrative Register and file a rule for 122
repromulgation with the department within a specified 123
timeframe; requiring an agency to file a notice of 124
repromulgation with the committee within a specified 125
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timeframe; requiring the committee to cer tify whether 126
the agency has responded to certain comments and 127
inquiries; providing that a repromulgated rule is not 128
subject to challenge as a proposed rule and that 129
certain hearing requirements do not apply to such 130
repromulgation; requiring an agency, upon approval of 131
the agency head or its designee, to electronically 132
file with the department a certified copy of the 133
repromulgated rule and any material incorporated by 134
reference; providing that a rule is considered 135
repromulgated upon its filing with the depar tment; 136
requiring the department to update certain information 137
in the Florida Administrative Code; requiring the 138
committee to submit a specified list to the 139
Legislature within a specified timeframe; requiring 140
each agency to initiate rulemaking proceedings t o 141
repeal certain rules within a specified timeframe if 142
certain conditions exist; requiring the department to 143
adopt rules by a certain date; amending s. 120.545, 144
F.S.; requiring the committee to examine certain 145
existing rules; amending s. 120.55, F.S.; requ iring 146
the Department of State to publish the Florida 147
Administrative Register once each business day by a 148
specified time; providing exceptions; requiring the 149
department to indicate if a rule, proposed rule, or 150
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notice of rule development was corrected or rep laced 151
by republishing the register and noting that the rule, 152
proposed rule, or notice of rule development was 153
corrected; requiring that certain rulemaking 154
timeframes revert to the initial date of publication; 155
requiring the agency, rather than the departmen t, to 156
publish specified information at the beginning of 157
specified sections of the code; requiring that 158
materials incorporated by reference be filed in a 159
specified manner; requiring the department to include 160
the date of a technical rule change in the Florid a 161
Administrative Code; providing that a technical change 162
does not affect the effective date of a rule; revising 163
the required contents of the Florida Administrative 164
Register; requiring the department to adopt specified 165
rules; amending s. 120.74, F.S.; requi ring an agency's 166
annual regulatory plan to identify and describe each 167
rule that the agency expects to develop, adopt, or 168
repeal during the forthcoming year, identify any rules 169
that are required to be repromulgated during the 170
forthcoming year, and include a certification that 171
makes certain declarations; conforming a cross -172
reference; amending s. 120.80, F.S.; providing 173
applicability; conforming a cross -reference; amending 174
ss. 120.81, 420.9072, 420.9075, and 443.091, F.S.; 175
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conforming cross-references; providin g legislative 176
intent; requiring the Department of Environmental 177
Protection and water management districts to conduct a 178
holistic review of certain permitting processes and 179
programs; providing requirements for such processes; 180
providing the scope and purpose of the review; 181
requiring certain factors to be considered in the 182
review; requiring the department and water management 183
districts to submit a specified report to the Governor 184
and Legislature by a specified date; providing an 185
effective date. 186
187
Be It Enacted by the Legislature of the State of Florida: 188
189
Section 1. Subsections (16) through (19) and (20), (21), 190
and (22) of section 120.52, Florida Statutes, are redesignated 191
as subsections (17) through (20) and (22), (23), and (24), 192
respectively, and new sub sections (16) and (21) are added to 193
that section to read: 194
120.52 Definitions. —As used in this act: 195
(16) "Repromulgation" means the publication and adoption 196
of an existing rule following an agency's review of the rule for 197
consistency with the powers and duties granted by its enabling 198
statute. 199
(21) "Technical change" means a change limited to 200
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correcting grammatical, typographical, and similar errors not 201
affecting the substance of a rule. 202
Section 2. Paragraph (i) of subsection (1), subsections 203
(2) and (3), paragraph (c) of subsection (4), and paragraph (a) 204
of subsection (7) of section 120.54, Florida Statutes, are 205
amended, and paragraphs (e) through (j) are added to subsection 206
(4) of that section, to read: 207
120.54 Rulemaking.— 208
(1) GENERAL PROVISION S APPLICABLE TO ALL RULES OTHER THAN 209
EMERGENCY RULES.— 210
(i)1. A rule may incorporate material by reference but 211
only as the material exists on the date the rule is adopted. For 212
purposes of the rule, changes in the material are not effective 213
unless the rule is amended to incorporate the changes. 214
2. An agency rule that incorporates by specific reference 215
another rule of that agency automatically incorporates 216
subsequent amendments to the referenced rule unless a contrary 217
intent is clearly indicated in the ref erencing rule. A notice of 218
amendments to a rule that has been incorporated by specific 219
reference in other rules of that agency must explain the effect 220
of those amendments on the referencing rules. 221
3. In rules adopted after December 31, 2010, and rules 222
amended or repromulgated on or after July 1, 2023, material may 223
not be incorporated by reference unless: 224
a. The material has been submitted in the prescribed 225
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electronic format to the Department of State and the full text 226
of the material can be made availab le for free public access 227
through an electronic hyperlink from the rule making the 228
reference in the Florida Administrative Code; or 229
b. The agency has determined that posting the material on 230
the Internet for purposes of public examination and inspection 231
would constitute a violation of federal copyright law, in which 232
case a statement to that effect, along with the address of 233
locations at the Department of State and the agency at which the 234
material is available for public inspection and examination, 235
must be included in the notice required by subparagraph (3)(a)1. 236
4. A rule may not be amended by reference only. Amendments 237
must set out the amended rule in full in the same manner as 238
required by the State Constitution for laws. 239
5. Notwithstanding any contrary provision in this section, 240
when an adopted rule of the Department of Environmental 241
Protection or a water management district is incorporated by 242
reference in the other agency's rule to implement a provision of 243
part IV of chapter 373, subsequent amendments to the rule are 244
not effective as to the incorporating rule unless the agency 245
incorporating by reference notifies the committee and the 246
Department of State of its intent to adopt the subsequent 247
amendment, publishes notice of such intent in the Florida 248
Administrative Register, and files with the Department of State 249
a copy of the amended rule incorporated by reference. Changes in 250
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the rule incorporated by reference are effective as to the other 251
agency 20 days after the date of th e published notice and filing 252
with the Department of State. The Department of State shall 253
amend the history note of the incorporating rule to show the 254
effective date of such change. Any substantially affected person 255
may, within 14 days after the date of pu blication of the notice 256
of intent in the Florida Administrative Register, file an 257
objection to rulemaking with the agency. The objection must 258
shall specify the portions of the rule incorporated by reference 259
to which the person objects and the reasons for t he objection. 260
The agency does shall not have the authority under this 261
subparagraph to adopt those portions of the rule specified in 262
such objection. The agency shall publish notice of the objection 263
and of its action in response in the next available issue o f the 264
Florida Administrative Register. 265
6. The Department of State may adopt by rule requirements 266
for incorporating materials pursuant to this paragraph. 267
(2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING. — 268
(a)1. Except when the intended action is the repeal of a 269
rule, agencies shall provide notice of the development of 270
proposed rules by publication of a notice of rule development in 271
the Florida Administrative Register at least 7 days before 272
providing notice of a proposed rule as required by paragr aph 273
(3)(a). The notice of rule development must shall indicate the 274
subject area to be addressed by rule development, provide a 275
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short, plain explanation of the purpose and effect of the 276
proposed rule, cite the grant of rulemaking authority for the 277
proposed rule and the law being implemented specific legal 278
authority for the proposed rule , and include the proposed rule 279
number and the preliminary text of the proposed rules, if 280
available, or a statement of how a person may promptly obtain, 281
without cost, a copy o f any preliminary draft, when if 282
available. The notice must also include a request for the 283
submission of any information that would be helpful to the 284
agency in preparing the statement of estimated regulatory costs 285
required pursuant to paragraph (3)(b) and a statement of how a 286
person may submit comments on the proposal and how a person may 287
provide information regarding the potential regulatory costs. 288
2. A notice of a proposed rule must be published in the 289
Florida Administrative Register within 12 months af ter the most 290
recent notice of rule development. 291
(b) All rules should be drafted in readable language. The 292
language is readable if it: 293
1. It Avoids the use of obscure words and unnecessarily 294
long or complicated constructions; and 295
2. It Avoids the use of unnecessary technical or 296
specialized language that is understood only by members of 297
particular trades or professions. 298
(c) An agency may hold public workshops for purposes of 299
rule development and information gathering for the preparatio n 300
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of the statement of estimated regulatory costs . If requested in 301
writing by any affected person, an agency must hold public 302
workshops, including workshops in various regions of this the 303
state or the agency's service area, for purposes of rule 304
development and information gathering for the preparation of the 305
statement of estimated regulatory costs if requested in writing 306
by any affected person , unless the agency head explains in 307
writing why a workshop is unnecessary. The explanation is not 308
final agency action subject to review pursuant to ss. 120.569 309
and 120.57. The failure to provide the explanation when required 310
may be a material error in procedure pursuant to s. 311
120.56(1)(c). When a workshop or public hearing is held, the 312
agency must ensure that the person s responsible for preparing 313
the proposed rule and the statement of estimated regulatory 314
costs are available to receive public input, to explain the 315
agency's proposal, and to respond to questions or comments 316
regarding the rule being developed and the statement of 317
estimated regulatory costs . The workshop may be facilitated or 318
mediated by a neutral third person, or the agency may employ 319
other types of dispute resolution alternatives for the workshop 320
that are appropriate for rule development and for preparation of 321
the statement of estimated regulatory costs . Notice of a 322
workshop for rule development and for preparation of the 323
statement of estimated regulatory costs must workshop shall be 324
by publication in the Florida Administrative Register not less 325
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than 14 days before prior to the date on which the workshop is 326
scheduled to be held and must shall indicate the subject area 327
that which will be addressed; the agency contact person; and the 328
place, date, and time of the workshop. 329
(d)1. An agency may use negotiated ru lemaking in 330
developing and adopting rules. The agency should consider the 331
use of negotiated rulemaking when complex rules are being 332
drafted or strong opposition to the rules is anticipated. The 333
agency should consider, but is not limited to considering, 334
whether a balanced committee of interested persons who will 335
negotiate in good faith can be assembled, whether the agency is 336
willing to support the work of the negotiating committee, and 337
whether the agency can use the group consensus as the basis for 338
its proposed rule. Negotiated rulemaking uses a committee of 339
designated representatives to draft a mutually acceptable 340
proposed rule and to develop information necessary to prepare a 341
statement of estimated regulatory costs, when applicable . 342
2. An agency that choo ses to use the negotiated rulemaking 343
process described in this paragraph shall publish in the Florida 344
Administrative Register a notice of negotiated rulemaking that 345
includes a listing of the representative groups that will be 346
invited to participate in the negotiated rulemaking process. Any 347
person who believes that his or her interest is not adequately 348
represented may apply to participate within 30 days after 349
publication of the notice. All meetings of the negotiating 350
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committee must shall be noticed and open to the public pursuant 351
to the provisions of this chapter. The negotiating committee 352
shall be chaired by a neutral facilitator or mediator. 353
3. The agency's decision to use negotiated rulemaking, its 354
selection of the representative groups, and approval or denial 355
of an application to participate in the negotiated rulemaking 356
process are not agency action. Nothing in This subparagraph is 357
not intended to affect the rights of a substantially an affected 358
person to challenge a proposed rule developed under this 359
paragraph in accordance with s. 120.56(2). 360
(3) ADOPTION PROCEDURES. — 361
(a) Notices.— 362
1. Before Prior to the adoption, amendment, or repeal of 363
any rule other than an emergency rule, an agency, upon approval 364
of the agency head, shall give notice of its int ended action, 365
setting forth a short, plain explanation of the purpose and 366
effect of the proposed action; the proposed rule number and full 367
text of the proposed rule or amendment and a summary thereof; a 368
reference to the grant of rulemaking authority pursuant to which 369
the rule is adopted; and a reference to the section or 370
subsection of the Florida Statutes or the Laws of Florida being 371
implemented or interpreted. The notice must include a concise 372
summary of the agency's statement of the estimated regulatory 373
costs, if one has been prepared, based on the factors set forth 374
in s. 120.541(2), which describes the regulatory impact of the 375
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rule in readable language; an agency website address where the 376
statement of estimated regulatory costs can be viewed in its 377
entirety; a statement that any person who wishes to provide the 378
agency with information regarding the statement of estimated 379
regulatory costs, or to provide a proposal for a lower cost 380
regulatory alternative as provided by s. 120.541(1), or to 381
request that a statement of regulatory cost be prepared must do 382
so in writing within 21 days after publication of the notice; 383
and a statement as to whe ther, based on the statement of the 384
estimated regulatory costs or other information expressly relied 385
upon and described by the agency if no statement of regulatory 386
costs is required, the proposed rule is expected to require 387
legislative ratification pursuan t to s. 120.541(3). If a 388
statement of regulatory costs is not required, the notice must 389
state the information that the agency relied upon in reaching 390
this conclusion. The notice must state the procedure for 391
requesting a public hearing on the proposed rule. Except when 392
the intended action is the repeal of a rule, the notice must 393
include a reference both to the date on which and to the place 394
where the notice of rule development that is required by 395
subsection (2) appeared. 396
2. The notice must shall be published in the Florida 397
Administrative Register at least not less than 28 days before 398
prior to the intended action. The proposed rule , including all 399
materials proposed to be incorporated by reference and the 400
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statement of estimated regulatory costs, must shall be available 401
for inspection and copying by the public at the time of the 402
publication of notice. Material proposed to be incorporated by 403
reference in the notice must be made available in the manner 404
prescribed by sub-subparagraph (1)(i)3.a. or sub -subparagraph 405
(1)(i)3.b. 406
3. The notice must shall be mailed or delivered 407
electronically to all persons named in the proposed rule and 408
mailed or delivered electronically to all persons who, at least 409
14 days before publication of the notice prior to such mailing , 410
have made requests of the agency for advance notice of its 411
proceedings. The agency shall also give such notice as is 412
prescribed by rule to those particular classes of persons to 413
whom the intended action is directed. 414
4. The adopting agency shall file with the committee, at 415
least 21 days before prior to the proposed adoption date, a copy 416
of each rule it proposes to adopt; a copy of any material 417
incorporated by reference in the rule; a detailed written 418
statement of the facts and circumstances justifying the propo sed 419
rule; a copy of the any statement of estimated regulatory costs 420
that has been prepared pursuant to s. 120.541; a statement of 421
the extent to which the proposed rule relates to federal 422
standards or rules on the same subject; and the notice required 423
by subparagraph 1. 424
(b) Special matters to be considered in rule adoption. — 425
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1. Statement of estimated regulatory costs. —Before the 426
adoption, amendment, or repeal of any rule , other than an 427
emergency rule, an agency is encouraged to prepare a statement 428
of estimated regulatory costs of the proposed rule, as provided 429
by s. 120.541. However, an agency is not required to prepare a 430
statement of estimated regulatory costs for a proposed rule 431
repeal unless such repeal would impose a regulatory cost. In any 432
challenge to a proposed rule repeal, a proposed rule repeal that 433
only reduces or eliminates regulations on those individuals or 434
entities regulated by the existing rule must be considered 435
presumptively correct in any proceeding before the division or 436
in any proceeding before a court of competent jurisdiction. 437
However, an agency must prepare a statement of estimated 438
regulatory costs of the proposed rule, as provided by s. 439
120.541, if: 440
a. The proposed rule will have an adverse impact on small 441
business; or 442
b. The proposed rule is likely to directly or indirectly 443
increase regulatory costs in excess of $200,000 in the aggregate 444
in this state within 1 year after the implementation of the 445
rule. 446
2. Small businesses, small counties, and small cities. — 447
a. Each agency, before the adoption, amendment, or repeal 448
of a rule, shall consider the impact of the rule on small 449
businesses as defined in by s. 288.703 and the impact of the 450
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rule on small counties or small cities as defined in by s. 451
120.52. Whenever practicable, an agency shall tier its rules to 452
reduce disproportionate impacts on small businesses, small 453
counties, or small cities to avoid regulating small businesses, 454
small counties, or small cities that do not contribute 455
significantly to the problem the rule is designed to address. An 456
agency may define "small business" to include businesses 457
employing more than 200 persons, may define "small county" to 458
include those with populations of more than 75,000, and may 459
define "small city" to include those with populations of more 460
than 10,000, if it finds that such a definition is necessary to 461
adapt a rule to the needs and problems of small businesses, 462
small counties, or small cities. The agency shall consider each 463
of the following methods for reducing the impact of the proposed 464
rule on small businesses, small counties, and small cities, or 465
any combination of these entities: 466
(I) Establishing less stringent compliance or reporting 467
requirements in the rule. 468
(II) Establishing less stringent sc hedules or deadlines in 469
the rule for compliance or reporting requirements. 470
(III) Consolidating or simplifying the rule's compliance 471
or reporting requirements. 472
(IV) Establishing performance standards or best management 473
practices to replace design or operational standards in the 474
rule. 475
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(V) Exempting small businesses, small counties, or small 476
cities from any or all requirements of the rule. 477
b.(I) If the agency determines that the proposed action 478
will affect small businesses as defined by the agency a s 479
provided in sub-subparagraph a., the agency must shall send 480
written notice of the rule to the rules ombudsman in the 481
Executive Office of the Governor at least 28 days before the 482
intended action. 483
(II) Each agency shall adopt those regulatory alternative s 484
offered by the rules ombudsman in the Executive Office of the 485
Governor and provided to the agency no later than 21 days after 486
the rules ombudsman's receipt of the written notice of the rule 487
which it finds are feasible and consistent with the stated 488
objectives of the proposed rule and which would reduce the 489
impact on small businesses. When regulatory alternatives are 490
offered by the rules ombudsman in the Executive Office of the 491
Governor, the 90-day period for filing the rule in subparagraph 492
(e)2. is extended for a period of 21 days. The agency shall 493
provide notice to the committee of any regulatory alternative 494
offered to the agency pursuant to this sub -subparagraph at least 495
21 days before filing the proposed rule for adoption. 496
(III) If an agency does not adopt all alternatives offered 497
pursuant to this sub -subparagraph, it must shall, before rule 498
adoption or amendment and pursuant to subparagraph (d)1., file a 499
detailed written statement with the committee explaining the 500
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reasons for failure to adopt such alt ernatives. Within 3 working 501
days after the filing of such notice, the agency shall send a 502
copy of such notice to the rules ombudsman in the Executive 503
Office of the Governor. 504
(c) Hearings.— 505
1. If the intended action concerns any rule other than one 506
relating exclusively to procedure or practice, the agency must 507
shall, on the request of any affected person received within 21 508
days after the date of publication of the notice of intended 509
agency action, give affected persons an opportunity to present 510
evidence and argument on all issues under consideration. The 511
agency may schedule a public hearing on the proposed rule and, 512
if requested by any affected person, must shall schedule a 513
public hearing on the proposed rule. When a public hearing is 514
held, the agency must ensure that the persons responsible for 515
preparing the proposed rule and the statement of estimated 516
regulatory costs staff are in attendance available to explain 517
the agency's proposal and to respond to questions or comments 518
regarding the proposed rule, the statement of estimated 519
regulatory costs, and the agency's decision on whether to adopt 520
a lower cost regulatory alternative submitted pursuant to s. 521
120.541(1)(a). If the agency head is a board or other collegial 522
body created under s. 20.165(4) or s. 20. 43(3)(g), and one or 523
more requested public hearings is scheduled, the board or other 524
collegial body must shall conduct at least one of the public 525
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hearings itself and may not delegate this responsibility without 526
the consent of those persons requesting the p ublic hearing. Any 527
material pertinent to the issues under consideration submitted 528
to the agency within 21 days after the date of publication of 529
the notice or submitted to the agency between the date of 530
publication of the notice and the end of the final pub lic 531
hearing must shall be considered by the agency and made a part 532
of the record of the rulemaking proceeding. 533
2. Rulemaking proceedings are shall be governed solely by 534
the provisions of this section unless a person timely asserts 535
that the person's subst antial interests will be affected in the 536
proceeding and affirmatively demonstrates to the agency that the 537
proceeding does not provide adequate opportunity to protect 538
those interests. If the agency determines that the rulemaking 539
proceeding is not adequate t o protect the person's interests, it 540
must shall suspend the rulemaking proceeding and convene a 541
separate proceeding under the provisions of ss. 120.569 and 542
120.57. The agency shall publish notice of convening a separate 543
proceeding in the Florida Administra tive Register. Similarly 544
situated persons may be requested to join and participate in the 545
separate proceeding. Upon conclusion of the separate proceeding, 546
the rulemaking proceeding shall be resumed. All timelines in 547
this section are tolled during any suspe nsion of the rulemaking 548
proceeding under this subparagraph, beginning on the date the 549
notice of convening a separate proceeding is published, and the 550
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timelines shall resume the day after conclusion of the separate 551
proceedings, notice of which must be provi ded to the committee. 552
(d) Modification or withdrawal of proposed rules. — 553
1. After the final public hearing on the proposed rule, or 554
after the time for requesting a hearing has expired, if the 555
proposed rule has not been changed from the proposed rule as 556
previously filed with the committee, or contains only technical 557
changes, the adopting agency shall file a notice to that effect 558
with the committee at least 7 days before prior to filing the 559
proposed rule for adoption. Any change, other than a tech nical 560
change that does not affect the substance of the rule , must be 561
supported by the record of public hearings held on the proposed 562
rule, must be in response to written material submitted to the 563
agency within 21 days after the date of publication of the 564
notice of intended agency action or submitted to the agency 565
between the date of publication of the notice and the end of the 566
final public hearing, or must be in response to a proposed 567
objection by the committee. Any change, other than a technical 568
change, to a statement of estimated regulatory costs requires a 569
notice of change. In addition, when any change, other than a 570
technical change, to is made in a proposed rule text or any 571
material incorporated by reference requires , other than a 572
technical change, the adopting agency to shall provide a copy of 573
a notice of change by certified mail or actual delivery to any 574
person who requests it in writing no later than 21 days after 575
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the notice required in paragraph (a). The agency shall file the 576
notice of change with the committee, along with the reasons for 577
the change, and provide the notice of change to persons 578
requesting it, at least 21 days before prior to filing the 579
proposed rule for adoption. The notice of change must shall be 580
published in the Florida Administrative Register at least 21 581
days before prior to filing the proposed rule for adoption. The 582
notice of change must include a summary of any revision of the 583
statement of estimated regulatory costs required by s. 584
120.541(1)(c). This subparagraph does not apply to e mergency 585
rules adopted pursuant to subsection (4). Material proposed to 586
be incorporated by reference in the notice required by this 587
subparagraph must be made available in the manner prescribed by 588
sub-subparagraph (1)(i)3.a. or sub -subparagraph (1)(i)3.b. a nd 589
include a summary of substantive revisions to any material 590
proposed to be incorporated by reference in the proposed rule. 591
2. After the notice required by paragraph (a) and before 592
prior to adoption, the agency may withdraw the proposed rule in 593
whole or in part. 594
3. After the notice required by paragraph (a), the agency 595
must withdraw the proposed rule if the agency has failed to 596
adopt it within the prescribed timeframes in this chapter. If 597
the agency, 30 days after notice by the committee that the 598
agency has failed to adopt the proposed rule within the 599
prescribed timeframes in this chapter, has not given notice of 600
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the withdrawal of the proposed rule, the committee must notify 601
the Department of State that the date for adoption of the rule 602
has expired, and the Department of State must publish a notice 603
of withdrawal of the proposed rule. 604
4. After adoption and before the rule becomes effective, a 605
rule may be modified or withdrawn only in the following 606
circumstances: 607
a. When the committee objects to the ru le; 608
b. When a final order, which is not subject to further 609
appeal, is entered in a rule challenge brought pursuant to s. 610
120.56 after the date of adoption but before the rule becomes 611
effective pursuant to subparagraph (e)6.; 612
c. If the rule requires rat ification, and two consecutive 613
regular legislative sessions when more than 90 days have passed 614
since the rule was filed for adoption without the Legislature 615
ratifying the rule, in which case the rule must may be withdrawn 616
but may not be modified ; or 617
d. When the committee notifies the agency that an 618
objection to the rule is being considered, in which case the 619
rule may be modified to extend the effective date by not more 620
than 60 days. 621
5.4. The agency shall give notice of its decision to 622
withdraw or modify a rule in the first available issue of the 623
publication in which the original notice of rulemaking was 624
published, shall notify those persons described in subparagraph 625
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(a)3. in accordance w ith the requirements of that subparagraph, 626
and shall notify the Department of State if the rule is required 627
to be filed with the Department of State. 628
6.5. After a rule has become effective, it may be repealed 629
or amended only through the rulemaking proced ures specified in 630
this chapter. 631
(e) Filing for final adoption; effective date. — 632
1. If the adopting agency is required to publish its rules 633
in the Florida Administrative Code, the agency, upon approval of 634
the agency head, must electronically shall file with the 635
Department of State a three certified copy copies of the rule it 636
proposes to adopt; one copy of any material incorporated by 637
reference in the rule, certified by the agency; a summary of the 638
rule; a summary of any hearings held on the rule; and a d etailed 639
written statement of the facts and circumstances justifying the 640
rule. Agencies not required to publish their rules in the 641
Florida Administrative Code shall file one certified copy of the 642
proposed rule, and the other material required by this 643
subparagraph, in the office of the agency head, and such rules 644
must shall be open to the public. 645
2. A rule may not be filed for adoption less than 28 days 646
or more than 90 days after the notice required by paragraph (a), 647
until 21 days after the notice of change required by paragraph 648
(d), until 14 days after the final public hearing, until 21 days 649
after a statement of estimated regulatory costs required under 650
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s. 120.541 has been provided to all persons who submitted a 651
lower cost regulatory alternative and made av ailable to the 652
public at a readily accessible page on the agency's website , or 653
until the administrative law judge has rendered a decision under 654
s. 120.56(2), whichever applies. When a required notice of 655
change is published before prior to the expiration of the time 656
to file the rule for adoption, the period during which a rule 657
must be filed for adoption is extended to 45 days after the date 658
of publication. If notice of a public hearing is published 659
before prior to the expiration of the time to file the rule for 660
adoption, the period during which a rule must be filed for 661
adoption is extended to 45 days after adjournment of the final 662
hearing on the rule, 21 days after receipt of all material 663
authorized to be submitted at the hearing, or 21 days after 664
receipt of the transcript, if one is made, whichever is latest. 665
The term "public hearing" includes any public meeting held by 666
any agency at which the rule is considered. If a petition for an 667
administrative determination under s. 120.56(2) is filed, the 668
period during which a rule must be filed for adoption is 669
extended to 60 days after the administrative law judge files the 670
final order with the clerk or until 60 days after subsequent 671
judicial review is complete. 672
3. At the time a rule is filed, the agency shall certify 673
that the time limitations prescribed by this paragraph have been 674
complied with, that all statutory rulemaking requirements have 675
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been met, and that there is no administrative determination 676
pending on the rule. 677
4. At the time a rule is filed, the committe e shall 678
certify whether the agency has responded in writing to all 679
material and timely written comments or written inquiries made 680
on behalf of the committee. The Department of State shall reject 681
any rule that is not filed within the prescribed time limits; 682
that does not comply with all statutory rulemaking requirements 683
and rules of the Department of State; upon which an agency has 684
not responded in writing to all material and timely written 685
inquiries or written comments; upon which an administrative 686
determination is pending; or which does not include a statement 687
of estimated regulatory costs, if required. 688
5. If a rule has not been adopted within the time limits 689
imposed by this paragraph or has not been adopted in compliance 690
with all statutory rulemaking req uirements, the agency proposing 691
the rule must shall withdraw the proposed rule and give notice 692
of its action in the next available issue of the Florida 693
Administrative Register. If the agency has not published notice 694
of withdrawal of the rule during the 30 days after receiving 695
notice from the committee that the agency has failed to withdraw 696
the rule, the committee must notify the Department of State that 697
the date for adoption of the rule has expired, and the 698
Department of State must publish a notice of withd rawal of the 699
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
6. The proposed rule shall be adopted on being filed with 701
the Department of State and becomes become effective 20 days 702
after being filed, on a later date specified in the notice 703
required by subparagraph (a)1., on a date required by sta tute, 704
or upon ratification by the Legislature pursuant to s. 705
120.541(3). Rules not required to be filed with the Department 706
of State shall become effective when adopted by the agency head, 707
on a later date specified by rule or statute, or upon 708
ratification by the Legislature pursuant to s. 120.541(3). If 709
the committee notifies an agency that an objection to a rule is 710
being considered, the agency may postpone the adoption of the 711
rule to accommodate review of the rule by the committee. When an 712
agency postpones adoption of a rule to accommodate review by the 713
committee, the 90-day period for filing the rule is tolled until 714
the committee notifies the agency that it has completed its 715
review of the rule. 716
717
For the purposes of this paragraph, the term "administrative 718
determination" does not include subsequent judicial review. 719
(4) EMERGENCY RULES. — 720
(c) Unless otherwise provided by law, an emergency rule 721
may adopted under this subsection shall not be effective for a 722
period longer than 90 days and is shall not be renewable, except 723
when the agency has initiated rulemaking to adopt rules 724
addressing the subject of the emergency rule and either: 725
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1. A challenge to the proposed rules has been filed and 726
remains pending; or 727
2. The proposed rules are awaiting ratificat ion by the 728
Legislature pursuant to s. 120.541(3). 729
730
Nothing in This paragraph does not prohibit prohibits the agency 731
from adopting a rule or rules identical to the emergency rule 732
through the rulemaking procedures specified in subsection (3). 733
(e) Emergency rules must be published in the Florida 734
Administrative Code. 735
(f) An agency may supersede an emergency rule currently in 736
effect through adoption of another emergency rule. The agency 737
must state the reason for adopting the new rule, in accordance 738
with the procedures set forth in paragraph (a), and the new rule 739
must be in effect for the duration of the effective period of 740
the superseded rule. Technical changes to an emergency rule may 741
be made within the first 7 days after adoption of the rule. 742
(g) Any notice of the renewal of an emergency rule must be 743
published in the Florida Administrative Register before the 744
expiration of the existing emergency rule. The notice of renewal 745
must state the specific facts and reasons for the renewal 746
pursuant to paragraph (c). 747
(h) All emergency rules must be published in the Florida 748
Administrative Code in the section of the code dealing with the 749
agency. 750
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(i) For emergency rules with an effective period longer 751
than 90 days which are intended to replace existing rules, a 752
note must be added to the history note of the existing rule 753
which specifically identifies the emergency rule that is 754
intended to supersede the existing rule and includes the date 755
that the emergency rule was filed with the Department of State. 756
(j) An emergency rule adopted under this subsection may be 757
repealed at any time while the rule is in effect by publishing a 758
notice in the Florida Administrative Register citing the reason 759
for the repeal and the effective date of the repeal. 760
(7) PETITION TO INITIATE RULE MAKING.— 761
(a) Any person regulated by an agency or having 762
substantial interest in an agency rule may petition an agency to 763
adopt, amend, or repeal a rule or to provide the minimum public 764
information required by this chapter. The petition must shall 765
specify the proposed rule and action requested. The agency shall 766
file a copy of the petition with the committee. No Not later 767
than 30 calendar days after following the date of filing a 768
petition, the agency shall initiate rulemaking proceedings under 769
this chapter, otherwise comply with the requested action, or 770
deny the petition with a written statement of its reasons for 771
the denial. 772
Section 3. Section 120.541, Florida Statutes, is amended 773
to read: 774
120.541 Statement of estimated regulatory costs. — 775
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(1)(a) Within 21 days after publication of the notice of a 776
proposed rule or notice of change required under s. 777
120.54(3)(a), a substantially affected person may submit to an 778
agency a good faith written proposal for a lower cost regulatory 779
alternative to a proposed rule which substantially accomplishes 780
the objectives of the law being implemented. The agency shall 781
provide a copy of any proposal for a lower cost regulatory 782
alternative to the committee at least 21 days before filing the 783
proposed rule for adoption. The proposal may include the 784
alternative of not adopting any rule if the proposal explains 785
how the lower costs and objectives of the law will be achieved 786
by not adopting any rule. If submitted after a notice of change, 787
a proposal for a lower cost regulatory alt ernative is deemed to 788
be made in good faith only if the person reasonably believes, 789
and the proposal states the person's reasons for believing, that 790
the proposed rule as changed by the notice of change increases 791
the regulatory costs or creates an adverse i mpact on small 792
businesses which was not created by the previous proposed rule. 793
If such a proposal is submitted, the 90 -day period for filing 794
the rule is extended 21 days. Upon the submission of the lower 795
cost regulatory alternative, the agency shall prepare a 796
statement of estimated regulatory costs as provided in 797
subsection (2), or shall revise its prior statement of estimated 798
regulatory costs, and either adopt the alternative proposal, 799
reject the alternative proposal, or modify the proposed rule to 800
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reduce the regulatory costs. If the agency rejects the 801
alternative proposal or modifies the proposed rule, the agency 802
must or provide a statement of the reasons for rejecting the 803
alternative in favor of the proposed rule. 804
(b) If a proposed rule will have an adv erse impact on 805
small business or if the proposed rule is likely to directly or 806
indirectly increase regulatory costs in excess of $200,000 in 807
the aggregate within 1 year after the implementation of the 808
rule, the agency shall prepare a statement of estimated 809
regulatory costs as required by s. 120.54(3)(b). 810
(c) The agency must shall revise a statement of estimated 811
regulatory costs if any change to the rule made under s. 812
120.54(3)(d) increases the regulatory costs of the rule or if 813
the rule is modified in res ponse to the submission of a lower 814
cost regulatory alternative. A summary of the revised statement 815
must be included with any subsequent notice published under s. 816
120.54(3). 817
(d) At least 21 days before filing the proposed rule for 818
adoption, an agency that is required to revise a statement of 819
estimated regulatory costs shall provide the statement to the 820
person who submitted the lower cost regulatory alternative , to 821
the rules ombudsman in the Executive Office of the Governor , and 822
to the committee. The revised statement must be published and 823
made available in the same manner as the original statement of 824
estimated regulatory costs and shall provide notice on the 825
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agency's website that it is available to the public . 826
(e) Notwithstanding s. 120.56(1)(c), the failure of the 827
agency to prepare and publish a statement of estimated 828
regulatory costs or to respond to a written lower cost 829
regulatory alternative as provided in this subsection is a 830
material failure to follow the applicable rulemaking procedures 831
or requirements set forth in this chapter. 832
(f) An agency's failure to prepare a statement of 833
estimated regulatory costs or to respond to a written lower cost 834
regulatory alternative may not be raised in a proceeding 835
challenging the validity of a rule pursuant to s. 120.52(8)(a) 836
unless: 837
1. Raised in a petition filed no later than 1 year after 838
the effective date of the rule; and 839
2. Raised by a person whose substantial interests are 840
affected by the rule's regulatory costs. 841
(g) A rule that is challenged pursuant to s. 120.52(8)(f) 842
may not be declared invalid unless: 843
1. The issue is raised in an administrative proceeding 844
within 1 year after the effective date of the rule; 845
2. The challenge is to the agency's rejection of a lower 846
cost regulatory alternative offered under paragraph (a) or s. 847
120.54(3)(b)2.b.; and 848
3. The substantial interests of the person challenging the 849
rule are materially affected by the rejection. 850
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(2) A statement of estimated regulatory costs must shall 851
include: 852
(a) An economic analysis showing whether the rule directly 853
or indirectly: 854
1. Is likely to have an adverse impact on economic growth, 855
private sector job creation or employment, or private sector 856
investment in excess of $1 million in the aggreg ate within 5 857
years after the implementation of the rule; 858
2. Is likely to have an adverse impact on business 859
competitiveness, including the ability of persons doing business 860
in this the state to compete with persons doing business in 861
other states or domes tic markets, productivity, or innovation in 862
excess of $1 million in the aggregate within 5 years after the 863
implementation of the rule; or 864
3. Is likely to increase regulatory costs, including all 865
any transactional costs and impacts estimated in the statem ent, 866
in excess of $1 million in the aggregate within 5 years after 867
the implementation of the rule. 868
(b) A good faith estimate of the number of individuals , 869
small businesses, and other entities likely to be required to 870
comply with the rule, together with a general description of the 871
types of individuals likely to be affected by the rule. 872
(c) A good faith estimate of the cost to the agency, and 873
to any other state and local government entities, of 874
implementing and enforcing the proposed rule, and any 875
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anticipated effect on state or local revenues. 876
(d) A good faith estimate of the compliance transactional 877
costs likely to be incurred by individuals and entities, 878
including local government entities, required to comply with the 879
requirements of the rule. As used in this section, 880
"transactional costs" are direct costs that are readily 881
ascertainable based upon standard business practices, and 882
include filing fees, the cost of obtaining a license, the cost 883
of equipment required to be installed or used or procedures 884
required to be employed in complying with the rule, additional 885
operating costs incurred, the cost of monitoring and reporting, 886
and any other costs necessary to comply with the rule. 887
(e) An analysis of the impact on small businesses as 888
defined by s. 288.70 3, and an analysis of the impact on small 889
counties and small cities as defined in s. 120.52. The impact 890
analysis for small businesses must include the basis for the 891
agency's decision not to implement alternatives that would 892
reduce adverse impacts on small businesses. 893
(f) Any additional information that the agency determines 894
may be useful. 895
(g) In the statement or revised statement, whichever 896
applies, a description of any regulatory alternatives submitted 897
under paragraph (1)(a) and a statement adopting th e alternative 898
or a statement of the reasons for rejecting the alternative in 899
favor of the proposed rule. 900
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(3) If the adverse impact or regulatory costs of the rule 901
exceed any of the criteria established in paragraph (2)(a), the 902
rule must shall be submitted to the President of the Senate and 903
Speaker of the House of Representatives no later than 30 days 904
before prior to the next regular legislative session, and the 905
rule may not take effect until it is ratified by the 906
Legislature. 907
(4) Subsection (3) does not apply to the adoption of: 908
(a) Federal standards pursuant to s. 120.54(6). 909
(b) Triennial updates of and amendments to the Florida 910
Building Code which are expressly authorized by s. 553.73. 911
(c) Triennial updates of and amendments to the Florida 912
Fire Prevention Code which are expressly authorized by s. 913
633.202. 914
(d) Emergency rules adopted pursuant to s. 120.54(4). 915
(5) For purposes of subsections (2) and (3), adverse 916
impacts and regulatory costs likely to occur within 5 years 917
after implementation of the rule include adverse impacts and 918
regulatory costs estimated to occur within 5 years after the 919
effective date of the rule. However, if any provision of the 920
rule is not fully implemented upon the effective date of the 921
rule, the adverse impacts and regula tory costs associated with 922
such provision must be adjusted to include any additional 923
adverse impacts and regulatory costs estimated to occur within 5 924
years after implementation of such provision. 925
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(6) If an agency revises its statement of estimated 926
regulatory costs, the agency must provide notice that a revision 927
has been made in the manner provided under s. 120.54(3)(d)1. 928
Such notice must also include the agency website address where 929
the revision can be viewed in its entirety. 930
Section 4. Section 120.54 35, Florida Statutes, is created 931
to read: 932
120.5435 Repromulgation of rules. — 933
(1) It is the intent of the Legislature that each agency 934
periodically review its rules for consistency with the powers 935
and duties granted by its enabling statutes. 936
(2) If an agency determines after review that substantive 937
changes to update a rule are not required, the agency must 938
repromulgate the rule to reflect the date of the review. All 939
rules adopted, amended, or repromulgated on or after January 1, 940
2019, must be reviewed and amended, repealed, or repromulgated 941
within 5 years after their effective dates and every 5 years 942
thereafter. Each agency shall review all existing rules pursuant 943
to this section no later than December 31, 2028, in accordance 944
with a schedule provided by the committee. No later than 945
September 1, 2023, and annually thereafter, the committee shall 946
provide each agency with a list of existing rules and their 947
effective dates to be reviewed in the next calendar year. Any 948
variation from this schedule must be ref lected in the agency's 949
regulatory plan. Failure of an agency to adhere to the deadlines 950
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imposed in this section constitutes a material failure to follow 951
the applicable rulemaking procedures or requirements of this 952
chapter and shall be the basis of an objec tion under s. 120.545. 953
(3) Before repromulgation of a rule, the agency must, upon 954
approval by the agency head or the agency head's designee: 955
(a) Publish a notice of repromulgation in the Florida 956
Administrative Register. A notice of repromulgation is no t 957
required to include the text of the rule being repromulgated. 958
(b) File the rule for repromulgation with the Department 959
of State. A rule may not be filed for repromulgation less than 960
28 days, or more than 90 days, after the date of publication of 961
the notice required by paragraph (a). 962
(4) The agency must file a notice of repromulgation with 963
the committee at least 14 days before filing the rule for 964
repromulgation. At the time the rule is filed for 965
repromulgation, the committee shall certify whether the a gency 966
has responded in writing to all material and timely written 967
comments or written inquiries made on behalf of the committee. 968
(5) A repromulgated rule is not subject to challenge as a 969
proposed rule pursuant to s. 120.56(2). 970
(6) The hearing requirements of s. 120.54 do not apply to 971
repromulgation of a rule. 972
(7)(a) The agency, upon approval of the agency head or the 973
agency head's designee, shall electronically file with the 974
Department of State a certified copy of the repromulgated rule 975
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it proposes to adopt and one certified copy of any material 976
incorporated by reference in the rule. 977
(b) The rule is considered to be repromulgated upon its 978
filing with the Department of State. 979
(c) The Department of State shall update the history note 980
of the rule in the Florida Administrative Code to reflect the 981
filing date of the repromulgated rule. 982
(8) At least 30 days before each legislative session, the 983
committee shall submit to the President of the Senate and the 984
Speaker of the House of Representatives a list of all rules that 985
have not been repromulgated in accordance with this section, and 986
identify whether the statutory rulemaking authority for each 987
rule remains in effect. If no action is taken by the Legislature 988
with regard to a rule during the next re gular legislative 989
session, each agency, by July 1 following the close of the 990
session, must initiate rulemaking proceedings under this chapter 991
to repeal the rule. 992
(9) The Department of State shall adopt rules to implement 993
this section by December 31, 2023 . 994
Section 5. Subsection (1) of section 120.545, Florida 995
Statutes, is amended to read: 996
120.545 Committee review of agency rules. — 997
(1) As a legislative check on legislatively created 998
authority, the committee shall examine each existing rule and 999
proposed rule, except for those proposed rules exempted by s. 1000
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120.81(1)(e) and (2), and its accompanying material, and each 1001
emergency rule, and may examine any existing rule, for the 1002
purpose of determining whether: 1003
(a) The rule is an invalid exercise of deleg ated 1004
legislative authority. 1005
(b) The statutory authority for the rule has been 1006
repealed. 1007
(c) The rule reiterates or paraphrases statutory material. 1008
(d) The rule is in proper form. 1009
(e) The notice given before prior to its adoption was 1010
sufficient to give adequate notice of the purpose and effect of 1011
the rule. 1012
(f) The rule is consistent with expressed legislative 1013
intent pertaining to the specific provisions of law which the 1014
rule implements. 1015
(g) The rule is necessary t o accomplish the apparent or 1016
expressed objectives of the specific provision of law which the 1017
rule implements. 1018
(h) The rule is a reasonable implementation of the law as 1019
it affects the convenience of the general public or persons 1020
particularly affected by t he rule. 1021
(i) The rule could be made less complex or more easily 1022
comprehensible to the general public. 1023
(j) The rule's statement of estimated regulatory costs 1024
complies with the requirements of s. 120.541 and whether the 1025
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rule does not impose regulatory co sts on the regulated person, 1026
county, or city which could be reduced by the adoption of less 1027
costly alternatives that substantially accomplish the statutory 1028
objectives. 1029
(k) The rule will require additional appropriations. 1030
(l) If the rule is an emergency rule, there exists an 1031
emergency justifying the adoption of such rule, the agency is 1032
within its statutory authority, and the rule was adopted in 1033
compliance with the requirements and limitations of s. 1034
120.54(4). 1035
Section 6. Paragraphs (a), (b), and (c) o f subsection (1) 1036
of section 120.55, Florida Statutes, are amended to read: 1037
120.55 Publication. — 1038
(1) The Department of State shall: 1039
(a)1. Through a continuous revision and publication 1040
system, compile and publish electronically, on a website managed 1041
by the department, the "Florida Administrative Code." The 1042
Florida Administrative Code must shall contain all rules adopted 1043
by each agency, citing the grant of rulemaking authority and the 1044
specific law implemented pursuant to which each rule was 1045
adopted, all history notes as authorized in s. 120.545(7), 1046
complete indexes to all rules contained in the code, and any 1047
other material required or authorized by law or deemed useful by 1048
the department. The electronic code must shall display each rule 1049
chapter currently in effect in browse mode and allow full text 1050
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search of the code and each rule chapter. The department may 1051
contract with a publishing firm for a printed publication; 1052
however, the department shall retain responsibility for the code 1053
as provided in this section . The electronic publication is shall 1054
be the official compilation of the administrative rules of this 1055
state. The Florida Administrative Register must be published 1056
once each business day by 8 a.m., with the exception of state 1057
holidays or emergency closures of state agencies. If a rule, 1058
proposed rule, or notice of rule development is corrected and 1059
replaced, the corrected rule or notice must be published in the 1060
next available Florida Administrative Register with a notation 1061
indicating that the rule, proposed ru le, or notice has been 1062
corrected by the Department of State. Any timeframes for 1063
rulemaking set forth in this chapter must revert to the initial 1064
date of publication. The Department of State retains shall 1065
retain the copyright over the Florida Administrative Code. 1066
2. Not publish rules in the Florida Administrative Code 1067
which are general in form but applicable to only one school 1068
district, community college district, or county, or a part 1069
thereof, or state university rules relating to internal 1070
personnel or business and finance shall not be published in the 1071
Florida Administrative Code . Exclusion from publication in the 1072
Florida Administrative Code does shall not affect the validity 1073
or effectiveness of such rules. 1074
3. At the beginning of the section of the code de aling 1075
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with an agency that files copies of its rules with the 1076
department, the agency department shall publish the address and 1077
telephone number of the executive offices of each agency, the 1078
manner by which the agency indexes its rules, a listing of all 1079
rules of that agency excluded from publication in the code, and 1080
a statement as to where those rules may be inspected. 1081
4. Not publish forms shall not be published in the Florida 1082
Administrative Code; but any form which an agency uses in its 1083
dealings with the pub lic, along with any accompanying 1084
instructions, shall be filed with the committee before it is 1085
used. Any form or instruction which meets the definition of 1086
"rule" provided in s. 120.52 must shall be incorporated by 1087
reference into the appropriate rule. The re ference must shall 1088
specifically state that the form is being incorporated by 1089
reference and must shall include the number, title, and 1090
effective date of the form and an explanation of how the form 1091
may be obtained. Each form created by an agency which is 1092
incorporated by reference in a rule notice of which is given 1093
under s. 120.54(3)(a) after December 31, 2007, must clearly 1094
display the number, title, and effective date of the form and 1095
the number of the rule in which the form is incorporated. 1096
5. Require all materials incorporated by reference in any 1097
part of an adopted rule and in any part of a repromulgated rule 1098
The department shall allow adopted rules and material 1099
incorporated by reference to be filed in the manner prescribed 1100
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by s. 120.54(1)(i)3.a. or b. electronic form as prescribed by 1101
department rule. When a proposed rule is filed for adoption or 1102
repromulgation with incorporated material in electronic form, 1103
the department's publication of the Florida Administrative Code 1104
on its website must contain a hyperli nk from the incorporating 1105
reference in the rule directly to that material. The department 1106
may not allow hyperlinks from rules in the Florida 1107
Administrative Code to any material other than that filed with 1108
and maintained by the department, but may allow hype rlinks to 1109
incorporated material maintained by the department from the 1110
adopting agency's website or other sites. 1111
6. Include the date of any technical changes to a rule in 1112
the history note of the rule in the Florida Administrative Code. 1113
A technical change does not affect the effective date of the 1114
rule. 1115
(b) Electronically publish on a website managed by the 1116
department a continuous revision and publication entitled the 1117
"Florida Administrative Register," which shall serve as the 1118
official publication and must contain: 1119
1. All notices required by s. 120.54(2) and (3)(a), 1120
showing the text of all rules proposed for consideration. 1121
2. All notices of public meetings, hearings, and workshops 1122
conducted in accordance with s. 120.525, including a statement 1123
of the manner in which a copy of the agenda may be obtained. 1124
3. A notice of each request for authorization to amend or 1125
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repeal an existing uniform rule or for the adoption of new 1126
uniform rules. 1127
4. Notice of petitions for declaratory statements or 1128
administrative determinations. 1129
5. A summary of each objection to any rule filed by the 1130
Administrative Procedures Committee. 1131
6. A list of rules filed for adoption in the previous 7 1132
days. 1133
7. A list of all rules filed for adoption pending 1134
legislative ratification under s. 120.541(3). A rule shall be 1135
removed from the list once notice of ratification or withdrawal 1136
of the rule is received. 1137
8. The full text of each emergency rule in effect on the 1138
date of publication. 1139
9. Any other material required or authorized by law o r 1140
deemed useful by the department. 1141
1142
The department may contract with a publishing firm for a printed 1143
publication of the Florida Administrative Register and make 1144
copies available on an annual subscription basis. 1145
(c) Prescribe by rule the style and form re quired for 1146
rules, notices, and other materials submitted for filing , 1147
including a rule requiring documents created by an agency which 1148
are proposed to be incorporated by reference in notices 1149
published pursuant to s. 120.54(3)(a) and (d) to be coded in the 1150
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same manner as notices published pursuant to s. 120.54(3)(a)1 . 1151
Section 7. Subsection (1) and paragraph (a) of subsection 1152
(2) of section 120.74, Florida Statutes, are amended to read: 1153
120.74 Agency annual rulemaking and regulatory plans; 1154
reports.— 1155
(1) REGULATORY PLAN.—By October 1 of each year, each 1156
agency shall prepare a regulatory plan. 1157
(a) The plan must include a listing of each law enacted or 1158
amended during the previous 12 months which creates or modifies 1159
the duties or authority of the agency. If the Governor or the 1160
Attorney General provides a letter to the committee stating that 1161
a law affects all or most agencies, the agency may exclude the 1162
law from its plan. For each law listed by an agency under this 1163
paragraph, the plan must state: 1164
1. Whether the agency must adopt rules to implement the 1165
law. 1166
2. If rulemaking is necessary to implement the law: 1167
a. Whether a notice of rule development has been published 1168
and, if so, the citation to such notice in the Florida 1169
Administrative Register. 1170
b. The date by which the agency expects to publish the 1171
notice of proposed rule under s. 120.54(3)(a). 1172
3. If rulemaking is not necessary to implement the law, a 1173
concise written explanation of the reasons why the law may be 1174
implemented without rulemaking. 1175
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(b) The plan must also identify and describe each rule, 1176
including each rule number or proposed rule number, that include 1177
a listing of each law not otherwise listed pursuant to paragraph 1178
(a) which the agency expects to develop, adopt, or repeal for 1179
the 12-month period beginning on October 1 and ending on 1180
September 30 implement by rulemaking before the following July 1181
1, excluding emergency rules except emergency rulemaking . For 1182
each rule law listed under this paragraph, the plan must state 1183
whether the rulemaking is intended to simplify, clarify, 1184
increase efficiency, improve coordination with other agencies, 1185
reduce regulatory costs, or delete obsolete, unnecessary, or 1186
redundant rules. 1187
(c) The plan must include any desired update to the prior 1188
year's regulatory plan or supplement published pursuant to 1189
subsection (7). If, in a prior year, a law was identified under 1190
this paragraph or under subparagraph (a)1. as a law requiring 1191
rulemaking to implement but a notice of proposed rule has not 1192
been published: 1193
1. The agency must shall identify and again list such law, 1194
noting the applicable notice of rule development by citation to 1195
the Florida Administrative Register; or 1196
2. If the agency has subsequen tly determined that 1197
rulemaking is not necessary to implement the law, the agency 1198
must shall identify such law, reference the citation to the 1199
applicable notice of rule development in the Florida 1200
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Administrative Register, and provide a concise written 1201
explanation of the reason why the law may be implemented without 1202
rulemaking. 1203
(d) The plan must identify any rules that are required to 1204
be repromulgated pursuant to s. 120.5435 for the 12 -month period 1205
beginning on October 1 and ending on September 30. 1206
(e) The plan must include a certification executed on 1207
behalf of the agency by both the agency head, or, if the agency 1208
head is a collegial body, the presiding officer; and the 1209
individual acting as principal legal advisor to the agency head. 1210
The certification must declare: 1211
1. Verify That the persons executing the certification 1212
have reviewed the plan. 1213
2. Verify That the agency regularly reviews all of its 1214
rules and identify the period during which all rules have most 1215
recently been reviewed to determine if th e rules remain 1216
consistent with the agency's rulemaking authority and the laws 1217
implemented. 1218
3. That the agency understands that regulatory 1219
accountability is necessary to ensure public confidence in the 1220
integrity of state government and, to that end, the a gency is 1221
diligently working toward lowering the total number of rules 1222
adopted. 1223
4. The total number of rules adopted and repealed during 1224
the previous 12 months. 1225
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(2) PUBLICATION AND DELIVERY TO THE COMMITTEE. — 1226
(a) By October 1 of each year, each agency shall: 1227
1. Publish its regulatory plan on its website or on 1228
another state website established for publication of 1229
administrative law records. A clearly labeled hyperlink to the 1230
current plan must be included on the agency's primary website 1231
homepage. 1232
2. Electronically deliver to the committee a copy of the 1233
certification required in paragraph (1)(e) (1)(d). 1234
3. Publish in the Florida Administrative Register a notice 1235
identifying the date of publication of the agency's regulatory 1236
plan. The notice must includ e a hyperlink or website address 1237
providing direct access to the published plan. 1238
Section 8. Subsections (5) and (11) of section 120.80, 1239
Florida Statutes, are amended to read: 1240
120.80 Exceptions and special requirements; agencies. — 1241
(5) FLORIDA LAND AN D WATER ADJUDICATORY COMMISSION. — 1242
(a) Notwithstanding the provisions of s. 120.57(1)(a), 1243
when the Florida Land and Water Adjudicatory Commission receives 1244
a notice of appeal pursuant to s. 380.07, the commission shall 1245
notify the division within 60 days af ter receipt of the notice 1246
of appeal if the commission elects to request the assignment of 1247
an administrative law judge. 1248
(b) Notwithstanding s. 120.5435, repromulgation 1249
requirements do not apply to community development districts 1250
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established pursuant to s. 190.005. 1251
(11) NATIONAL GUARD. —Notwithstanding s. 120.52(17) s. 1252
120.52(16), the enlistment, organization, administration, 1253
equipment, maintenance, training, and discipline of the militia, 1254
National Guard, organized militia, and unorganized militia, as 1255
provided by s. 2, Art. X of the State Constitution, are not 1256
rules as defined by this chapter. 1257
Section 9. Paragraph (c) of subsection (1) of section 1258
120.81, Florida Statutes, is amended to read: 1259
120.81 Exceptions and special requirements; general 1260
areas.— 1261
(1) EDUCATIONAL UNITS. — 1262
(c) Notwithstanding s. 120.52(17) s. 120.52(16), any 1263
tests, test scoring criteria, or testing procedures relating to 1264
student assessment which are developed or administered by the 1265
Department of Education pursuant to s. 1003.4282, s. 1008.22, or 1266
s. 1008.25, or any other statewide educational tests required by 1267
law, are not rules. 1268
Section 10. Paragraph (a) of subsection (1) of section 1269
420.9072, Florida Statutes, is amended to read: 1270
420.9072 State Housing Initiatives Partnership Program.—1271
The State Housing Initiatives Partnership Program is created for 1272
the purpose of providing funds to counties and eligible 1273
municipalities as an incentive for the creation of local housing 1274
partnerships, to expand production of and preserve affordabl e 1275
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housing, to further the housing element of the local government 1276
comprehensive plan specific to affordable housing, and to 1277
increase housing-related employment. 1278
(1)(a) In addition to the legislative findings set forth 1279
in s. 420.6015, the Legislature find s that affordable housing is 1280
most effectively provided by combining available public and 1281
private resources to conserve and improve existing housing and 1282
provide new housing for very -low-income households, low -income 1283
households, and moderate -income households. The Legislature 1284
intends to encourage partnerships in order to secure the 1285
benefits of cooperation by the public and private sectors and to 1286
reduce the cost of housing for the target group by effectively 1287
combining all available resources and cost -saving measures. The 1288
Legislature further intends that local governments achieve this 1289
combination of resources by encouraging active partnerships 1290
between government, lenders, builders and developers, real 1291
estate professionals, advocates for low -income persons, and 1292
community groups to produce affordable housing and provide 1293
related services. Extending the partnership concept to encompass 1294
cooperative efforts among small counties as defined in s. 1295
120.52(20) s. 120.52(19), and among counties and municipalities 1296
is specifically encouraged. Local governments are also intended 1297
to establish an affordable housing advisory committee to 1298
recommend monetary and nonmonetary incentives for affordable 1299
housing as provided in s. 420.9076. 1300
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Section 11. Subsection (7) of section 420.907 5, Florida 1301
Statutes, is amended to read: 1302
420.9075 Local housing assistance plans; partnerships. — 1303
(7) The moneys deposited in the local housing assistance 1304
trust fund shall be used to administer and implement the local 1305
housing assistance plan. The cost o f administering the plan may 1306
not exceed 5 percent of the local housing distribution moneys 1307
and program income deposited into the trust fund. A county or an 1308
eligible municipality may not exceed the 5 -percent limitation on 1309
administrative costs, unless its go verning body finds, by 1310
resolution, that 5 percent of the local housing distribution 1311
plus 5 percent of program income is insufficient to adequately 1312
pay the necessary costs of administering the local housing 1313
assistance plan. The cost of administering the pro gram may not 1314
exceed 10 percent of the local housing distribution plus 5 1315
percent of program income deposited into the trust fund, except 1316
that small counties, as defined in s. 120.52(20) s. 120.52(19), 1317
and eligible municipalities receiving a local housing 1318
distribution of up to $350,000 may use up to 10 percent of 1319
program income for administrative costs. 1320
Section 12. Paragraph (d) of subsection (1) of section 1321
443.091, Florida Statutes, is amended to read: 1322
443.091 Benefit eligibility conditions. — 1323
(1) An unemployed individual is eligible to receive 1324
benefits for any week only if the Department of Economic 1325
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Opportunity finds that: 1326
(d) She or he is able to work and is available for work. 1327
In order to assess eligibility for a claimed week of 1328
unemployment, the department shall develop criteria to determine 1329
a claimant's ability to work and availability for work. A 1330
claimant must be actively seeking work in order to be considered 1331
available for work. This means engaging in systematic and 1332
sustained efforts to find work, including contacting at least 1333
five prospective employers for each week of unemployment 1334
claimed. The department may require the claimant to provide 1335
proof of such efforts to the one -stop career center as part of 1336
reemployment services. A claimant' s proof of work search efforts 1337
may not include the same prospective employer at the same 1338
location in 3 consecutive weeks, unless the employer has 1339
indicated since the time of the initial contact that the 1340
employer is hiring. The department shall conduct rand om reviews 1341
of work search information provided by claimants. As an 1342
alternative to contacting at least five prospective employers 1343
for any week of unemployment claimed, a claimant may, for that 1344
same week, report in person to a one -stop career center to meet 1345
with a representative of the center and access reemployment 1346
services of the center. The center shall keep a record of the 1347
services or information provided to the claimant and shall 1348
provide the records to the department upon request by the 1349
department. However: 1350
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1. Notwithstanding any other provision of this paragraph 1351
or paragraphs (b) and (e), an otherwise eligible individual may 1352
not be denied benefits for any week because she or he is in 1353
training with the approval of the department, or by reason of s. 1354
443.101(2) relating to failure to apply for, or refusal to 1355
accept, suitable work. Training may be approved by the 1356
department in accordance with criteria prescribed by rule. A 1357
claimant's eligibility during approved training is contingent 1358
upon satisfying eligibi lity conditions prescribed by rule. 1359
2. Notwithstanding any other provision of this chapter, an 1360
otherwise eligible individual who is in training approved under 1361
s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 1362
determined ineligible or disquali fied for benefits due to 1363
enrollment in such training or because of leaving work that is 1364
not suitable employment to enter such training. As used in this 1365
subparagraph, the term "suitable employment" means work of a 1366
substantially equal or higher skill level t han the worker's past 1367
adversely affected employment, as defined for purposes of the 1368
Trade Act of 1974, as amended, the wages for which are at least 1369
80 percent of the worker's average weekly wage as determined for 1370
purposes of the Trade Act of 1974, as amend ed. 1371
3. Notwithstanding any other provision of this section, an 1372
otherwise eligible individual may not be denied benefits for any 1373
week because she or he is before any state or federal court 1374
pursuant to a lawfully issued summons to appear for jury duty. 1375
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4. Union members who customarily obtain employment through 1376
a union hiring hall may satisfy the work search requirements of 1377
this paragraph by reporting daily to their union hall. 1378
5. The work search requirements of this paragraph do not 1379
apply to persons who are unemployed as a result of a temporary 1380
layoff or who are claiming benefits under an approved short -time 1381
compensation plan as provided in s. 443.1116. 1382
6. In small counties as defined in s. 120.52(20) s. 1383
120.52(19), a claimant engaging in systematic an d sustained 1384
efforts to find work must contact at least three prospective 1385
employers for each week of unemployment claimed. 1386
7. The work search requirements of this paragraph do not 1387
apply to persons required to participate in reemployment 1388
services under paragraph (e). 1389
Section 13. Infrastructure and environmental permitting 1390
review.— 1391
(1)(a) It is the intent of the Legislature to build a more 1392
resilient and responsive government infrastructure to allow for 1393
quick recovery after natural disasters, including hurricanes and 1394
tropical storms without negatively impacting coastal ecosystems 1395
or increasing future community vulnerability. 1396
(b) It is further the intent of the Legislature to promote 1397
efficiency in state government across branches, agencies, and 1398
other governmental entities and to identify any area of 1399
improvement within each that allows for quick, effective 1400
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delivery of services. 1401
(c) Further, the Legislature intends for the state to seek 1402
out ways to improve its administrative procedures in relevant 1403
fields to build a streamlined permitting process that withstands 1404
disruptions caused by natural disasters, including hurricanes 1405
and tropical storms while maintaining the integrity of natural 1406
coastal ecosystems. 1407
(2)(a) The Department of Environmental Protection and 1408
water management districts shall conduct a holistic review of 1409
their current coastal permitting processes and other permit 1410
programs. These permitting processes must include, but are not 1411
limited to, coastal construction control line permits; joint 1412
coastal permits; environmental resource permits; consistent with 1413
the terms of the United States Environmental Protection Agency's 1414
approval, state-administered section 404 permits; and permitting 1415
processes related to water supply infrastructure, wastewater 1416
infrastructure, and onsite sewage treatment and disposal 1417
systems. 1418
(b) The scope and purpose of the review is to identify 1419
areas of improvement and to increase efficiency within each 1420
process. Factors that must be considered in the review include 1421
the following: 1422
1. The requirements to obtain a permit. 1423
2. Time periods for review, including by commenting 1424
agencies, and approval of the permit application. 1425
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3. Areas for improved efficiency and decision -point 1426
consolidation within a single project's process. 1427
4. Areas of duplication across one or more permit 1428
programs. 1429
5. The methods of requesting permits. 1430
6. Adequate staffing levels necessary for complete and 1431
efficient review. 1432
7. Any other factors that may increase the efficiency of 1433
the permitting processes and may allow improved storm recovery. 1434
(c) By December 31, 2023, the department and water 1435
management districts shall provide their findings and proposed 1436
solutions in a report to the Governor, the President of the 1437
Senate, and the Speaker of the House of R epresentatives. 1438
Section 14. This act shall take effect July 1, 2023. 1439