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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to administrative procedures; amending 2
s. 120.52, F.S.; defining the terms "repromulgation" 3
and "technical change"; amending s. 120.54, F.S.; 4
applying certain provisions applicable to all rules 5
other than emergency rules to rules amended or 6
repromulgated after a specified date; requiring 7
agencies to publish a certain notice of rule 8
development in the Florida Administrative Register 9
within a specified timeframe before providing 10
specified notice of a proposed rule; requiring that a 11
notice of rule development cite the grant of 12
rulemaking authority; requiring that a notice of rule 13
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 gathered for the preparation of statements 20
of estimated regulatory costs; requiring that a notice 21
of proposed rule includ e a website address where a 22
statement of regulatory costs can be viewed; requiring 23
that a notice of proposed rule include a request for 24
the submission of any helpful information regarding 25
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the statement of estimated regulatory costs; requiring 26
that material proposed to be incorporated by reference 27
and the statement of estimated regulatory costs be 28
made available to the public; requiring that material 29
proposed to be incorporated by reference be made 30
available in a specified manner; authorizing 31
electronic delivery of notices to persons who have 32
requested advance notice of agency rulemaking 33
proceedings; requiring an agency to prepare a 34
statement of estimated regulatory costs before 35
adopting or amending any rule other than an emergency 36
rule; providing that an age ncy is not required to 37
prepare a statement of estimated regulatory costs 38
before repealing a rule; providing an exception; 39
requiring that certain rule repeals be considered 40
presumptively correct in a proceeding before the 41
Division of Administrative Hearings or a court of 42
competent jurisdiction; revising the criteria under 43
which a proposed rule's adverse impact on small 44
businesses is deemed to exist; requiring an agency to 45
provide notice of a regulatory alternative to the 46
Administrative Procedures Committee w ithin a certain 47
timeframe; requiring certain agency personnel to 48
attend public hearings on proposed rules; requiring an 49
agency to publish a notice of convening a separate 50
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proceeding in certain circumstances; providing that 51
rulemaking timelines are tolled d uring such separate 52
proceedings; providing that such timelines resume the 53
day after the conclusion of such proceedings; 54
requiring that notice of conclusion of such 55
proceedings be provided to the committee; revising the 56
requirements for the contents of a no tice of change; 57
requiring the committee to notify the Department of 58
State that the date for an agency to adopt a proposed 59
rule has expired under certain circumstances; 60
requiring the department to publish a notice of 61
withdrawal of the proposed rule under ce rtain 62
circumstances; requiring the agency, upon approval of 63
the agency head, to electronically file with the 64
department a certified copy of the proposed rule; 65
requiring the committee to notify the department that 66
the agency has failed to withdraw a rule wi thin a 67
specified timeframe; requiring the department to 68
publish a notice of withdrawal of the rule; 69
prohibiting an emergency rule from being effective for 70
longer than a specified timeframe; providing that such 71
rule is not renewable; providing an exception; 72
requiring that emergency rules be published in the 73
Florida Administrative Code; authorizing agencies to 74
supersede an emergency rule through adoption of 75
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another emergency rule; providing the requirements for 76
adopting the new rule; authorizing an agency to make 77
technical changes to an emergency rule during a 78
specified timeframe; requiring that notice of renewal 79
of an emergency rule be published in the Florida 80
Administrative Register before the expiration of the 81
existing rule; requiring that the notice state 82
specified facts and reasons; requiring that emergency 83
rules be published in a certain section of the Florida 84
Administrative Code; requiring specified emergency 85
rules to contain a certain history note; providing 86
that certain emergency rules may be repealed at any 87
time while the emergency rule is in effect by 88
publishing a certain notice in the Florida 89
Administrative Register; requiring an agency to file a 90
copy of a certain petition with the committee; making 91
technical changes; amending s. 120.541, F.S.; 92
requiring an agency to provide a copy of a proposal 93
for a lower cost regulatory alternative to the 94
committee within a certain timeframe; specifying the 95
circumstances under which such proposal is deemed to 96
be made in good faith; revising requirements for an 97
agency's consideration of a lower cost regulatory 98
alternative; providing for an agency's revision and 99
publication of a revised statement of estimated 100
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regulatory costs in response to such alternatives; 101
requiring that the revised statement of estimated 102
regulatory costs be made available in the same manner 103
as the original; deleting the definition of the term 104
"transactional costs"; revising the applicability of 105
specified provisions; providing additional 106
requirements for the calculation of estimated 107
regulatory costs; making technical changes; conforming 108
provisions to changes made by the act; conforming a 109
cross-reference; creating s. 120.5435, F.S.; providing 110
legislative intent; requiring agency review of rules 111
and repromulgation of rules that do not require 112
substantive changes within a specified timeframe; 113
requiring that such rules be reviewed periodically; 114
requiring the agency to publish any variation from 115
this schedule in the agency's regulatory plan; 116
requiring the committee to provide each agency with a 117
specified list; providing that the failure of an 118
agency to adhere to specified deadlines constitutes a 119
material failure and is the basis for a specified 120
objection; requiring an agency to publish a notice of 121
repromulgation in the Florida Administrative Register 122
and file a rule for repromulgation with the department 123
within a specified timeframe; requiring an agency to 124
file a notice of repromulgation with the committee 125
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within a specified timeframe; requiring the committee 126
to certify if the agency has provided certain 127
responses to the committee; providing that a 128
repromulgated rule is not subject to challenge as a 129
proposed rule and that certain hearing requirements do 130
not apply; requiring an agency to electronically file 131
a certified copy of a proposed repromulgated rule and 132
any material incorporated by reference; providing that 133
a rule is considered repromulgated upon filing with 134
the department; requiring the department to update 135
certain information in the Florida Administrative 136
Code; requiring the committee to submit a speci fied 137
list to the Legislature within a specified timeframe; 138
requiring each agency to initiate rulemaking 139
proceedings to repeal certain rules within a specified 140
timeframe if certain conditions exist; requiring the 141
department to adopt rules by a certain date; creating 142
s. 120.5436, F.S.; providing legislative intent; 143
requiring the Department of Environmental Protection 144
and water management districts to conduct a holistic 145
review of certain permitting processes and programs; 146
providing the scope and purpose of the review; 147
providing the factors the department and districts 148
must consider when conducting the review; requiring 149
the department and districts to submit a specified 150
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report to the Governor and Legislature by a specified 151
date; amending s. 120.545, F.S.; requir ing the 152
committee to examine certain existing rules; amending 153
s. 120.55, F.S.; requiring the Department of State to 154
publish the Florida Administrative Register once each 155
business day by a specified time; providing 156
exceptions; requiring the department to in dicate if a 157
rule, proposed rule, or notice of rule development was 158
corrected or replaced by republishing the register and 159
noting the rule, proposed rule, or notice of rule 160
development was corrected; requiring that certain 161
rulemaking timeframes revert to th e initial date of 162
publication; requiring the agency, rather than the 163
department, to publish specified information at the 164
beginning of specified sections of the Florida 165
Administrative Code; requiring that materials 166
incorporated by reference be filed in a sp ecified 167
manner; requiring the department to include the date 168
of a technical rule change in the Florida 169
Administrative Code; providing that a technical change 170
does not affect the effective date of a rule; revising 171
the required contents of the Florida Admini strative 172
Register; requiring the department to adopt specified 173
rules; amending s. 120.56, F.S.; conforming a cross -174
reference; amending s. 120.74, F.S.; requiring an 175
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agency to list each rule it plans to develop, adopt, 176
or repeal during the forthcoming year in the agency's 177
annual regulatory plan; requiring that an agency's 178
annual regulatory plan identify any rules required to 179
be repromulgated during the forthcoming year; 180
requiring the agency to make certain declarations 181
concerning the annual regulatory plan; amending ss. 182
120.80, 120.81, 420.9072, 420.9075, and 443.091, F.S.; 183
conforming cross-references; providing an effective 184
date. 185
186
Be It Enacted by the Legislature of the State of Florida: 187
188
Section 1. Present subsections (16) through (19) and (20), 189
(21), and (22) of section 120.52, Florida Statutes, are 190
redesignated as subsections (17) through (20) and (22), (23), 191
and (24), respectively, and new subsections (16) and (21) are 192
added to that section, to read: 193
120.52 Definitions. —As used in this act: 194
(16) "Repromulgation" means the publication and adoption 195
of an existing rule following an agency's review of the rule for 196
consistency with the powers and duties granted by the rule's 197
enabling statute. 198
(21) "Technical change" means a change limited to 199
correcting grammatical, typographical, and similar errors not 200
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affecting the substance of a rule. 201
Section 2. Paragraph (i) of subsection (1), subsections 202
(2) and (3), paragraph (c) of subsection (4), and paragraph (a) 203
of subsection (7) of section 120.54, F lorida Statutes, are 204
amended, and paragraphs (e) through (j) are added to subsection 205
(4) of that section, to read: 206
120.54 Rulemaking.— 207
(1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN 208
EMERGENCY RULES.— 209
(i)1. A rule may incorporate material b y reference but 210
only as the material exists on the date the rule is adopted. For 211
purposes of the rule, changes in the material are not effective 212
unless the rule is amended to incorporate the changes. 213
2. An agency rule that incorporates by specific refere nce 214
another rule of that agency automatically incorporates 215
subsequent amendments to the referenced rule unless a contrary 216
intent is clearly indicated in the referencing rule. A notice of 217
amendments to a rule that has been incorporated by specific 218
reference in other rules of that agency must explain the effect 219
of those amendments on the referencing rules. 220
3. In rules adopted after December 31, 2010, and rules 221
amended or repromulgated on or after July 1, 2025, material may 222
not be incorporated by reference u nless: 223
a. The material has been submitted in the prescribed 224
electronic format to the Department of State and the full text 225
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of the material can be made available for free public access 226
through an electronic hyperlink from the rule making the 227
reference in the Florida Administrative Code; or 228
b. The agency has determined that posting the material on 229
the Internet for purposes of public examination and inspection 230
would constitute a violation of federal copyright law, in which 231
case a statement to that effect, along with the address of 232
locations at the Department of State and the agency at which the 233
material is available for public inspection and examination, 234
must be included in the notice required by subparagraph (3)(a)1. 235
4. A rule may not be amended by refer ence only. Amendments 236
must set out the amended rule in full in the same manner as 237
required by the State Constitution for laws. 238
5. Notwithstanding any contrary provision in this section, 239
when an adopted rule of the Department of Environmental 240
Protection or a water management district is incorporated by 241
reference in the other agency's rule to implement a provision of 242
part IV of chapter 373, subsequent amendments to the rule are 243
not effective as to the incorporating rule unless the agency 244
incorporating by reference notifies the committee and the 245
Department of State of its intent to adopt the subsequent 246
amendment, publishes notice of such intent in the Florida 247
Administrative Register, and files with the Department of State 248
a copy of the amended rule incorporated by reference. Changes in 249
the rule incorporated by reference are effective as to the other 250
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agency 20 days after the date of th e published notice and filing 251
with the Department of State. The Department of State shall 252
amend the history note of the incorporating rule to show the 253
effective date of such change. Any substantially affected person 254
may, within 14 days after the date of pu blication of the notice 255
of intent in the Florida Administrative Register, file an 256
objection to rulemaking with the agency. The objection must 257
shall specify the portions of the rule incorporated by reference 258
to which the person objects and the reasons for t he objection. 259
The agency does shall not have the authority under this 260
subparagraph to adopt those portions of the rule specified in 261
such objection. The agency shall publish notice of the objection 262
and of its action in response in the next available issue o f the 263
Florida Administrative Register. 264
6. The Department of State may adopt by rule requirements 265
for incorporating materials pursuant to this paragraph. 266
(2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING. — 267
(a)1. Except when the intended action is the repeal of a 268
rule, agencies shall provide notice of the development of 269
proposed rules by publication of a notice of rule development in 270
the Florida Administrative Register at least 7 days before 271
providing notice of a proposed rule as required by paragr aph 272
(3)(a). The notice of rule development must shall indicate the 273
subject area to be addressed by rule development, provide a 274
short, plain explanation of the purpose and effect of the 275
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proposed rule, cite the grant of rulemaking authority for the 276
proposed rule and the law being implemented specific legal 277
authority for the proposed rule , and include the proposed rule 278
number and the preliminary text of the proposed rules, if 279
available, or a statement of how a person may promptly obtain, 280
without cost, a copy o f any preliminary draft, when if 281
available. The notice must also include a request for the 282
submission of any information that would be helpful to the 283
agency in preparing the statement of estimated regulatory costs 284
required pursuant to paragraph (3)(b) and a statement of how a 285
person may submit comments on the proposal and how a person may 286
provide information regarding the potential regulatory costs. 287
2. A notice of a proposed rule must be published in the 288
Florida Administrative Register within 12 months af ter the most 289
recent notice of rule development. 290
(b) All rules should be drafted in readable language. The 291
language is readable if it: 292
1. It Avoids the use of obscure words and unnecessarily 293
long or complicated constructions; and 294
2. It Avoids the use of unnecessary technical or 295
specialized language that is understood only by members of 296
particular trades or professions. 297
(c) An agency may hold public workshops for purposes of 298
rule development and information gathering for the preparation 299
of the statement of estimated regulatory costs . If requested in 300
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writing by any affected person, an agency must hold public 301
workshops, including workshops in various regions of this the 302
state or the agency's service area, for purposes of rule 303
development and information gathering for the preparation of the 304
statement of estimated regulatory costs if requested in writing 305
by any affected person , unless the agency head explains in 306
writing why a workshop is unnecessary. The explanation is not 307
final agency action subject to rev iew pursuant to ss. 120.569 308
and 120.57. The failure to provide the explanation when required 309
may be a material error in procedure pursuant to s. 310
120.56(1)(c). When a workshop or public hearing is held, the 311
agency must ensure that the persons responsible fo r preparing 312
the proposed rule and the statement of estimated regulatory 313
costs are available to receive public input, to explain the 314
agency's proposal, and to respond to questions or comments 315
regarding the rule being developed and the statement of 316
estimated regulatory costs. The workshop may be facilitated or 317
mediated by a neutral third person, or the agency may employ 318
other types of dispute resolution alternatives for the workshop 319
that are appropriate for rule development and for preparation of 320
the statement of estimated regulatory costs . Notice of a 321
workshop for rule development and for preparation of the 322
statement of estimated regulatory costs must workshop shall be 323
by publication in the Florida Administrative Register not less 324
than 14 days before prior to the date on which the workshop is 325
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scheduled to be held and must shall indicate the subject area 326
that which will be addressed; the agency contact person; and the 327
place, date, and time of the workshop. 328
(d)1. An agency may use negotiated rulemaking in 329
developing and adopting rules. The agency should consider the 330
use of negotiated rulemaking when complex rules are being 331
drafted or strong opposition to the rules is anticipated. The 332
agency should consider, but is not limited to considering, 333
whether a balanced committee of interested persons who will 334
negotiate in good faith can be assembled, whether the agency is 335
willing to support the work of the negotiating committee, and 336
whether the agency can use the group consensus as the basis for 337
its proposed rule. Negoti ated rulemaking uses a committee of 338
designated representatives to draft a mutually acceptable 339
proposed rule and to develop information necessary to prepare a 340
statement of estimated regulatory costs, when applicable . 341
2. An agency that chooses to use the n egotiated rulemaking 342
process described in this paragraph shall publish in the Florida 343
Administrative Register a notice of negotiated rulemaking that 344
includes a listing of the representative groups that will be 345
invited to participate in the negotiated rulem aking process. Any 346
person who believes that his or her interest is not adequately 347
represented may apply to participate within 30 days after 348
publication of the notice. All meetings of the negotiating 349
committee must shall be noticed and open to the public pu rsuant 350
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to the provisions of this chapter. The negotiating committee 351
shall be chaired by a neutral facilitator or mediator. 352
3. The agency's decision to use negotiated rulemaking, its 353
selection of the representative groups, and approval or denial 354
of an application to participate in the negotiated rulemaking 355
process are not agency action. Nothing in This subparagraph is 356
not intended to affect the rights of a substantially an affected 357
person to challenge a proposed rule developed under this 358
paragraph in accordance with s. 120.56(2). 359
(3) ADOPTION PROCEDURES. — 360
(a) Notices.— 361
1. Before Prior to the adoption, amendment, or repeal of 362
any rule other than an emergency rule, an agency, upon approval 363
of the agency head, shall give notice of its intended action, 364
setting forth a short, plain explanation of the purpose and 365
effect of the proposed action; the proposed rule number and full 366
text of the proposed rule or amendment and a summary thereof; a 367
reference to the grant of rulemaking authority pursuant to which 368
the rule is adopted; and a reference to the section or 369
subsection of the Florida Statutes or the Laws of Florida being 370
implemented or interpreted. The notice must include a concise 371
summary of the agency's statement of the estimated regulatory 372
costs, if one has been prepared, based on the factors set forth 373
in s. 120.541(2) which describes the regulatory impact of the 374
rule in readable language; an agency website address where the 375
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statement of estimated regulatory costs can be viewed in its 376
entirety; a statement that any person who wishes to provide the 377
agency with information regarding the statement of estimated 378
regulatory costs, or to provide a proposal for a lower cost 379
regulatory alternative as provided by s. 120.541(1), must do so 380
in writing within 21 days afte r publication of the notice; a 381
request for the submission of any information that could be 382
helpful to the agency regarding the statement of estimated 383
regulatory costs; and a statement as to whether, based on the 384
statement of the estimated regulatory costs or other information 385
expressly relied upon and described by the agency if no 386
statement of regulatory costs is required , the proposed rule is 387
expected to require legislative ratification pursuant to s. 388
120.541(3). The notice must state the procedure for req uesting a 389
public hearing on the proposed rule. Except when the intended 390
action is the repeal of a rule, the notice must include a 391
reference both to the date on which and to the place where the 392
notice of rule development that is required by subsection (2) 393
appeared. 394
2. The notice must shall be published in the Florida 395
Administrative Register at least not less than 28 days before 396
prior to the intended action. The proposed rule , including all 397
materials proposed to be incorporated by reference and the 398
statement of estimated regulatory costs, must shall be available 399
for inspection and copying by the public at the time of the 400
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publication of notice. Material proposed to be incorporated by 401
reference in the notice must be made available in the manner 402
prescribed by sub-subparagraph (1)(i)3.a. or sub -subparagraph 403
(1)(i)3.b. 404
3. The notice must shall be mailed or delivered 405
electronically to all persons named in the proposed rule and 406
mailed or delivered electronically to all persons who, at least 407
14 days before publication of the notice prior to such mailing , 408
have made requests of the agency for advance notice of its 409
proceedings. The agency shall also give such notice as is 410
prescribed by rule to those particular classes of persons to 411
whom the intended action is directed. 412
4. The adopting agency shall file with the committee, at 413
least 21 days before prior to the proposed adoption date, a copy 414
of each rule it proposes to adopt; a copy of any material 415
incorporated by reference in the rule; a detailed written 416
statement of the facts and circumstances justifying the proposed 417
rule; a copy of the any statement of estimated regulatory costs 418
that has been prepared pursuant to s. 120.541; a statement of 419
the extent to which the proposed rule relates to federal 420
standards or rules on t he same subject; and the notice required 421
by subparagraph 1. 422
(b) Special matters to be considered in rule adoption. — 423
1. Statement of estimated regulatory costs. —Before the 424
adoption or, amendment, or repeal of any rule, other than an 425
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emergency rule, an agency must is encouraged to prepare a 426
statement of estimated regulatory costs of the proposed rule, as 427
provided by s. 120.541. However, an agency is not required to 428
prepare a statement of estimated regulatory costs for a proposed 429
rule repeal unless such repeal would impose a regulatory cost. 430
In any challenge to a proposed rule repeal, a proposed rule 431
repeal that only reduces or eliminates regulations on those 432
individuals or entities regulated by the existing rule must be 433
considered presumptively correct in any proceeding before the 434
division or in any proceeding before a court of competent 435
jurisdiction However, an agency must prepare a statement of 436
estimated regulatory costs of the proposed rule, as provided by 437
s. 120.541, if: 438
a. The proposed rule will have an adverse impact on small 439
business; or 440
b. The proposed rule is likely to directly or indirectly 441
increase regulatory costs in excess of $200,000 in the aggregate 442
in this state within 1 year after the implementation of the 443
rule. 444
2. Small businesses, small counties, and small cities. — 445
a. For purposes of this subsection and s. 120.541(2), an 446
adverse impact on small businesses, as defined in s. 288.703 or 447
sub-subparagraph b., exists if, for any small business: 448
(I) An owner, officer, operator, or manager must complete 449
any education, training, or testing to comply, or is likely to 450
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spend at least 10 hours or purchase professional advice to 451
understand and comply, with the rule in the first year; 452
(II) Taxes or fees assessed on transacti ons are likely to 453
increase by $500 or more in the aggregate in 1 year; 454
(III) Prices charged for goods and services are restricted 455
or are likely to increase because of the rule; 456
(IV) Specially trained, licensed, or tested employees will 457
be required because of the rule; 458
(V) Operating costs are expected to increase by at least 459
$1,000 annually because of the rule; or 460
(VI) Capital expenditures in excess of $1,000 are 461
necessary to comply with the rule. 462
b. Each agency, before the adoption, amendment, or repeal 463
of a rule, shall consider the impact of the rule on small 464
businesses as defined in by s. 288.703 and the impact of the 465
rule on small counties or small cities as defined in by s. 466
120.52. Whenever prac ticable, an agency shall tier its rules to 467
reduce disproportionate impacts on small businesses, small 468
counties, or small cities to avoid regulating small businesses, 469
small counties, or small cities that do not contribute 470
significantly to the problem the ru le is designed to address. An 471
agency may define "small business" to include businesses 472
employing more than 200 persons, may define "small county" to 473
include those with populations of more than 75,000, and may 474
define "small city" to include those with popul ations of more 475
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than 10,000, if it finds that such a definition is necessary to 476
adapt a rule to the needs and problems of small businesses, 477
small counties, or small cities. The agency shall consider each 478
of the following methods for reducing the impact of t he proposed 479
rule on small businesses, small counties, and small cities, or 480
any combination of these entities: 481
(I) Establishing less stringent compliance or reporting 482
requirements in the rule. 483
(II) Establishing less stringent schedules or deadlines in 484
the rule for compliance or reporting requirements. 485
(III) Consolidating or simplifying the rule's compliance 486
or reporting requirements. 487
(IV) Establishing performance standards or best management 488
practices to replace design or operational standards in the 489
rule. 490
(V) Exempting small businesses, small counties, or small 491
cities from any or all requirements of the rule. 492
c.(I)b.(I) If the agency determines that the proposed 493
action will affect small businesses as defined by the agency as 494
provided in sub-subparagraph b. a., the agency must shall send 495
written notice of the rule to the rules ombudsman in the 496
Executive Office of the Governor at least 28 days before the 497
intended action. 498
(II) Each agency shall adopt those regulatory alternatives 499
offered by the rules ombudsman in the Executive Office of the 500
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Governor and provided to the agency no later than 21 days after 501
the rules ombudsman's receipt of the written notice of the rule 502
which it finds are feasible and consistent with the stated 503
objectives of the propose d rule and which would reduce the 504
impact on small businesses. When regulatory alternatives are 505
offered by the rules ombudsman in the Executive Office of the 506
Governor, the 90-day period for filing the rule in subparagraph 507
(e)2. is extended for a period of 2 1 days. The agency shall 508
provide notice to the committee of any regulatory alternative 509
offered to the agency pursuant to this sub -subparagraph at least 510
21 days before filing the proposed rule for adoption. 511
(III) If an agency does not adopt all alternativ es offered 512
pursuant to this sub -subparagraph, it must shall, before rule 513
adoption or amendment and pursuant to subparagraph (d)1., file a 514
detailed written statement with the committee explaining the 515
reasons for failure to adopt such alternatives. Within 3 working 516
days after the filing of such notice, the agency shall send a 517
copy of such notice to the rules ombudsman in the Executive 518
Office of the Governor. 519
(c) Hearings.— 520
1. If the intended action concerns any rule other than one 521
relating exclusively to procedure or practice, the agency must 522
shall, on the request of any affected person received within 21 523
days after the date of publication of the notice of intended 524
agency action, give affected persons an opportunity to present 525
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evidence and argument on all issues under consideration. The 526
agency may schedule a public hearing on the proposed rule and, 527
if requested by any affected person, must shall schedule a 528
public hearing on the proposed rule. When a public hearing is 529
held, the agency must ensure that the persons responsible for 530
preparing the proposed rule and the statement of estimated 531
regulatory costs staff are in attendance available to explain 532
the agency's proposal and to respond to questions or comments 533
regarding the proposed rule, the statement of esti mated 534
regulatory costs, and the agency's decision on whether to adopt 535
a lower cost regulatory alternative submitted pursuant to s. 536
120.541(1)(a). If the agency head is a board or other collegial 537
body created under s. 20.165(4) or s. 20.43(3)(g), and one or 538
more requested public hearings is scheduled, the board or other 539
collegial body must shall conduct at least one of the public 540
hearings itself and may not delegate this responsibility without 541
the consent of those persons requesting the public hearing. Any 542
material pertinent to the issues under consideration submitted 543
to the agency within 21 days after the date of publication of 544
the notice or submitted to the agency between the date of 545
publication of the notice and the end of the final public 546
hearing must shall be considered by the agency and made a part 547
of the record of the rulemaking proceeding. 548
2. Rulemaking proceedings are shall be governed solely by 549
the provisions of this section unless a person timely asserts 550
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that the person's substantial interests will be affected in the 551
proceeding and affirmatively demonstrates to the agency that the 552
proceeding does not provide adequate opportunity to protect 553
those interests. If the agency determines that the rulemaking 554
proceeding is not adequate to protect the person's interests, it 555
must shall suspend the rulemaking proceeding and convene a 556
separate proceeding under the provisions of ss. 120.569 and 557
120.57. The agency shall publish in the Florida Administrative 558
Register a notice of convening a separate proceeding. Similarly 559
situated persons may be requested to join and participate in the 560
separate proceeding. Upon conclusion of the separate proceeding, 561
the rulemaking proceeding shall be resumed. All timelines in 562
this section are tolled during any suspension of the rulemaking 563
proceeding under this subparagraph, beginning on the date the 564
notice of convening a separate proceeding is published, and the 565
timelines shall resume the day after conclusion of the separate 566
proceedings, notice of which must be provided to the committee. 567
(d) Modification or withdrawal of proposed rules. — 568
1. After the final public heari ng on the proposed rule, or 569
after the time for requesting a hearing has expired, if the 570
proposed rule has not been changed from the proposed rule as 571
previously filed with the committee, or contains only technical 572
changes, the adopting agency shall file a n otice to that effect 573
with the committee at least 7 days before prior to filing the 574
proposed rule for adoption. Any change, other than a technical 575
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change that does not affect the substance of the rule , must be 576
supported by the record of public hearings held on the proposed 577
rule, must be in response to written material submitted to the 578
agency within 21 days after the date of publication of the 579
notice of intended agency action or submitted to the agency 580
between the date of publication of the notice and the end of the 581
final public hearing, or must be in response to a proposed 582
objection by the committee. Any change, other than a technical 583
change, to a statement of estimated regulatory costs requires a 584
notice of change. In addition, when any change, other than a 585
technical change, to is made in a proposed rule text or any 586
material incorporated by reference requires , other than a 587
technical change, the adopting agency to shall provide a copy of 588
a notice of change by certified mail or actual delivery to any 589
person who requests it in writing no later than 21 days after 590
the notice required in paragraph (a). The agency shall file the 591
notice of change with the committee, along with the reasons for 592
the change, and provide the notice of change to persons 593
requesting it, at lea st 21 days before prior to filing the 594
proposed rule for adoption. The notice of change must shall be 595
published in the Florida Administrative Register at least 21 596
days before prior to filing the proposed rule for adoption. The 597
notice of change must include a summary of any revision of the 598
statement of estimated regulatory costs required by s. 599
120.541(1)(c). This subparagraph does not apply to emergency 600
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rules adopted pursuant to subsection (4). Material proposed to 601
be incorporated by reference in the notice r equired by this 602
subparagraph must be made available in the manner prescribed by 603
sub-subparagraph (1)(i)3.a. or sub -subparagraph (1)(i)3.b. and 604
include a summary of substantive revisions to any material 605
proposed to be incorporated by reference in the propos ed rule. 606
2. After the notice required by paragraph (a) and before 607
prior to adoption, the agency may withdraw the proposed rule in 608
whole or in part. 609
3. After the notice required by paragraph (a), the agency 610
must withdraw the proposed rule if the agency has failed to 611
adopt it within the prescribed timeframes in this chapter. If 612
the agency, 30 days after notice by the committee that the 613
agency has failed to adopt the proposed rule within the 614
prescribed timeframes in this chapter, has not given notice of 615
the withdrawal of the proposed rule, the committee must notify 616
the Department of State that the date for adoption of the rule 617
has expired, and the Department of State must publish a notice 618
of withdrawal of the proposed rule. 619
4. After adoption and before th e rule becomes effective, a 620
rule may be modified or withdrawn only in the following 621
circumstances: 622
a. When the committee objects to the rule; 623
b. When a final order, which is not subject to further 624
appeal, is entered in a rule challenge brought pursuant to s. 625
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120.56 after the date of adoption but before the rule becomes 626
effective pursuant to subparagraph (e)6.; 627
c. If the rule requires ratification, when more than 90 628
days have passed since the rule was filed for adoption without 629
the Legislature ratifyin g the rule, in which case the rule may 630
be withdrawn but may not be modified; or 631
d. When the committee notifies the agency that an 632
objection to the rule is being considered, in which case the 633
rule may be modified to extend the effective date by not more 634
than 60 days. 635
5.4. The agency shall give notice of its decision to 636
withdraw or modify a rule in the first available issue of the 637
publication in which the original notice of rulemaking was 638
published, shall notify those persons described in subparagraph 639
(a)3. in accordance with the requirements of that subparagraph, 640
and shall notify the Department of State if the rule is required 641
to be filed with the Department of State. 642
6.5. After a rule has become effective, it may be repealed 643
or amended only through the rulemaking procedures specified in 644
this chapter. 645
(e) Filing for final adoption; effective date. — 646
1. If the adopting agency is required to publish its rules 647
in the Florida Administrative Code, the agency, upon approval of 648
the agency head, must electronically shall file with the 649
Department of State a three certified copy copies of the rule it 650
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proposes to adopt; one copy of any material incorporated by 651
reference in the rule, certified by the agency; a summary of the 652
rule; a summary of any hearings held on the rule; and a detailed 653
written statement of the facts and circumstances justifying the 654
rule. Agencies not required to publish their rules in the 655
Florida Administrative Code shall file one certified copy of the 656
proposed rule, and the other materi al required by this 657
subparagraph, in the office of the agency head, and such rules 658
must shall be open to the public. 659
2. A rule may not be filed for adoption less than 28 days 660
or more than 90 days after the notice required by paragraph (a), 661
until 21 days after the notice of change required by paragraph 662
(d), until 14 days after the final public hearing, until 21 days 663
after a statement of estimated regulatory costs required under 664
s. 120.541 has been provided to all persons who submitted a 665
lower cost regulatory alternative and made available to the 666
public at a readily accessible page on the agency's website , or 667
until the administrative law judge has rendered a decision under 668
s. 120.56(2), whichever applies. When a required notice of 669
change is published before prior to the expiration of the time 670
to file the rule for adoption, the period during which a rule 671
must be filed for adoption is extended to 45 days after the date 672
of publication. If notice of a public hearing is published 673
before prior to the expiration of the time to file the rule for 674
adoption, the period during which a rule must be filed for 675
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adoption is extended to 45 days after adjournment of the final 676
hearing on the rule, 21 days after receipt of all material 677
authorized to be submitted at the hearing, or 21 days after 678
receipt of the transcript, if one is made, whichever is latest. 679
The term "public hearing" includes any public meeting held by 680
any agency at which the rule is considered. If a petition for an 681
administrative determination under s. 120.56(2) is filed, the 682
period during which a rule must be filed for adoption is 683
extended to 60 days after the administrative law judge files the 684
final order with the clerk or until 60 days after subsequent 685
judicial review is complete. 686
3. At the time a rule is filed , the agency shall certify 687
that the time limitations prescribed by this paragraph have been 688
complied with, that all statutory rulemaking requirements have 689
been met, and that there is no administrative determination 690
pending on the rule. 691
4. At the time a rule is filed, the committee shall 692
certify whether the agency has responded in writing to all 693
material and timely written comments or written inquiries made 694
on behalf of the committee. The Department of State shall reject 695
any rule that is not filed within t he prescribed time limits; 696
that does not comply with all statutory rulemaking requirements 697
and rules of the Department of State; upon which an agency has 698
not responded in writing to all material and timely written 699
inquiries or written comments; upon which an administrative 700
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determination is pending; or which does not include a statement 701
of estimated regulatory costs, if required. 702
5. If a rule has not been adopted within the time limits 703
imposed by this paragraph or has not been adopted in compliance 704
with all statutory rulemaking requirements, the agency proposing 705
the rule must shall withdraw the proposed rule and give notice 706
of its action in the next available issue of the Florida 707
Administrative Register. If the agency has not published notice 708
of withdrawal of the rule during the 30 days after receiving 709
notice from the committee that the agency has failed to withdraw 710
the rule, the committee must notify the Department of State that 711
the date for adoption of the rule has expired, and the 712
Department of State must publish a notice of withdrawal of the 713
rule. 714
6. The proposed rule shall be adopted on being filed with 715
the Department of Stat e and becomes become effective 20 days 716
after being filed, on a later date specified in the notice 717
required by subparagraph (a)1., on a date required by statute, 718
or upon ratification by the Legislature pursuant to s. 719
120.541(3). Rules not required to be fil ed with the Department 720
of State shall become effective when adopted by the agency head, 721
on a later date specified by rule or statute, or upon 722
ratification by the Legislature pursuant to s. 120.541(3). If 723
the committee notifies an agency that an objection t o a rule is 724
being considered, the agency may postpone the adoption of the 725
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rule to accommodate review of the rule by the committee. When an 726
agency postpones adoption of a rule to accommodate review by the 727
committee, the 90-day period for filing the rule is tolled until 728
the committee notifies the agency that it has completed its 729
review of the rule. 730
731
For the purposes of this paragraph, the term "administrative 732
determination" does not include subsequent judicial review. 733
(4) EMERGENCY RULES. — 734
(c) Unless otherwise provided by law, an emergency rule 735
may adopted under this subsection shall not be effective for a 736
period longer than 90 days and is shall not be renewable, except 737
when the agency has initiated rulemaking to adopt rules 738
addressing the subject of the e mergency rule and either: 739
1. A challenge to the proposed rules has been filed and 740
remains pending; or 741
2. The proposed rules are awaiting ratification by the 742
Legislature pursuant to s. 120.541(3). 743
744
Nothing in This paragraph does not prohibit prohibits the agency 745
from adopting a rule or rules identical to the emergency rule 746
through the rulemaking procedures specified in subsection (3). 747
(e) Emergency rules must be published in the Florida 748
Administrative Code. 749
(f) An agency may supersede an emergency ru le currently in 750
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effect through adoption of another emergency rule. The agency 751
must state the reason for adopting the new rule, in accordance 752
with the procedures set forth in paragraph (a), and the new rule 753
must be in effect for the duration of the effectiv e period of 754
the superseded rule. Technical changes to an emergency rule may 755
be made within the first 7 days after adoption of the rule. 756
(g) Any notice of the renewal of an emergency rule must be 757
published in the Florida Administrative Register before the 758
expiration of the existing emergency rule. The notice of renewal 759
must state the specific facts and reasons for the renewal 760
pursuant to paragraph (c). 761
(h) All emergency rules must be published in the Florida 762
Administrative Code in the section of the code dealing with the 763
agency. 764
(i) For emergency rules with an effective period longer 765
than 90 days which are intended to replace existing rules, a 766
note must be added to the history note of the existing rule 767
which specifically identifies the emergency rule th at is 768
intended to supersede the existing rule and includes the date 769
that the emergency rule was filed with the Department of State. 770
(j) An emergency rule adopted under this subsection may be 771
repealed at any time while the rule is in effect by publishing a 772
notice in the Florida Administrative Register citing the reason 773
for the repeal and the effective date of the repeal. 774
(7) PETITION TO INITIATE RULEMAKING. — 775
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(a) Any person regulated by an agency or having 776
substantial interest in an agency rule may peti tion an agency to 777
adopt, amend, or repeal a rule or to provide the minimum public 778
information required by this chapter. The petition must shall 779
specify the proposed rule and action requested. The agency shall 780
file a copy of the petition with the committee. No Not later 781
than 30 calendar days after following the date of filing a 782
petition, the agency shall initiate rulemaking proceedings under 783
this chapter, otherwise comply with the requested action, or 784
deny the petition with a written statement of its reasons for 785
the denial. 786
Section 3. Section 120.541, Florida Statutes, is amended 787
to read: 788
120.541 Statement of estimated regulatory costs. — 789
(1)(a) Within 21 days after publication of the notice of a 790
proposed rule or notice of change required under s. 791
120.54(3)(a), a substantially affected person may submit to an 792
agency a good faith written proposal for a lower cost regulatory 793
alternative to a proposed rule which substantially accomplishes 794
the objectives of the law being implemented. The agency shall 795
provide a copy of any proposal for a lower cost regulatory 796
alternative to the committee at least 21 days before filing the 797
proposed rule for adoption. The proposal may include the 798
alternative of not adopting any rule if the proposal explains 799
how the lower costs and objectives of the law will be achieved 800
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by not adopting any rule. If submitted after a notice of change, 801
a proposal for a lower cost regulatory alternative is deemed to 802
be made in good faith only if the person reasonably believes, 803
and the proposal states the person's reasons for believing, that 804
the proposed rule as changed by the notice of change increases 805
the regulatory costs or creates an adverse impact on small 806
businesses which was not created by the previous proposed rule. 807
If such a proposal is s ubmitted, the 90-day period for filing 808
the rule is extended 21 days. Upon the submission of the lower 809
cost regulatory alternative, the agency shall prepare a 810
statement of estimated regulatory costs as provided in 811
subsection (2), or shall revise its prior statement of estimated 812
regulatory costs, and either adopt the alternative proposal, 813
reject the alternative proposal, or modify the proposed rule to 814
reduce the regulatory costs. If the agency rejects the 815
alternative proposal or modifies the proposed rule, th e agency 816
must or provide a statement of the reasons for rejecting the 817
alternative in favor of the proposed rule. 818
(b) If a proposed rule will have an adverse impact on 819
small business or if the proposed rule is likely to directly or 820
indirectly increase reg ulatory costs in excess of $200,000 in 821
the aggregate within 1 year after the implementation of the 822
rule, the agency shall prepare a statement of estimated 823
regulatory costs as required by s. 120.54(3)(b). 824
(c) The agency must shall revise a statement of es timated 825
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regulatory costs if any change to the rule made under s. 826
120.54(3)(d) increases the regulatory costs of the rule or if 827
the rule is modified in response to the submission of a lower 828
cost regulatory alternative. A summary of the revised statement 829
must be included with any subsequent notice published under s. 830
120.54(3). 831
(c)(d) At least 21 days before filing the proposed rule 832
for adoption, an agency that is required to revise a statement 833
of estimated regulatory costs shall provide the statement to the 834
person who submitted the lower cost regulatory alternative , to 835
the rules ombudsman in the Executive Office of the Governor, and 836
to the committee. The revised statement must be published and 837
made available in the same manner as the original statement of 838
estimated regulatory costs and shall provide notice on the 839
agency's website that it is available to the public . 840
(d)(e) Notwithstanding s. 120.56(1)(c), the failure of the 841
agency to prepare and publish a statement of estimated 842
regulatory costs or to respond to a written lower cost 843
regulatory alternative as provided in this subsection is a 844
material failure to follow the applicable rulemaking procedures 845
or requirements set forth in this chapter. 846
(e)(f) An agency's failure to prepare a statement of 847
estimated regulatory costs or to respond to a written lower cost 848
regulatory alternative may not be raised in a proceeding 849
challenging the validity of a rule pursuant to s. 120.52(8)(a) 850
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unless: 851
1. Raised in a petition filed no later than 1 year after 852
the effective date of the rule; and 853
2. Raised by a person whose substantial interests are 854
affected by the rule's regulatory costs. 855
(f)(g) A rule that is challenged pursuant to s. 856
120.52(8)(f) may not be declared invalid unless: 857
1. The issue is raised in an administrative proceeding 858
within 1 year after the effective date of the rule; 859
2. The challenge is to the agency's rejection of a lower 860
cost regulatory alternative offered under paragraph (a) or s. 861
120.54(3)(b)2.c. s. 120.54(3)(b)2.b.; and 862
3. The substantial interests of the person challenging the 863
rule are materially affected by the rejection. 864
(2) A statement of estimated regulatory costs must shall 865
include: 866
(a) An economic analysis showing whether the rule directly 867
or indirectly: 868
1. Is likely to have an adverse impact on economic growth, 869
private sector job creation or employment, or private sector 870
investment in excess of $1 million in the aggregate within 5 871
years after the implementation of the rule; 872
2. Is likely to have an adverse impact on busi ness 873
competitiveness, including the ability of persons doing business 874
in this the state to compete with persons doing business in 875
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other states or domestic markets, productivity, or innovation in 876
excess of $1 million in the aggregate within 5 years after th e 877
implementation of the rule; or 878
3. Is likely to increase regulatory costs, including all 879
any transactional costs and impacts estimated in the statement , 880
in excess of $1 million in the aggregate within 5 years after 881
the implementation of the rule. 882
(b) A good faith estimate of the number of individuals , 883
small businesses, and other entities likely to be required to 884
comply with the rule, together with a general description of the 885
types of individuals likely to be affected by the rule. 886
(c) A good faith es timate of the cost to the agency, and 887
to any other state and local government entities, of 888
implementing and enforcing the proposed rule, and any 889
anticipated effect on state or local revenues. 890
(d) A good faith estimate of the compliance transactional 891
costs likely to be incurred by individuals and entities, 892
including local government entities, required to comply with the 893
requirements of the rule. As used in this section, 894
"transactional costs" are direct costs that are readily 895
ascertainable based upon standa rd business practices, and 896
include filing fees, the cost of obtaining a license, the cost 897
of equipment required to be installed or used or procedures 898
required to be employed in complying with the rule, additional 899
operating costs incurred, the cost of monit oring and reporting, 900
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and any other costs necessary to comply with the rule. 901
(e) An analysis of the impact on small businesses as 902
defined by s. 288.703, and an analysis of the impact on small 903
counties and small cities as defined in s. 120.52. The impact 904
analysis for small businesses must include the basis for the 905
agency's decision not to implement alternatives that would 906
reduce adverse impacts on small businesses. 907
(f) Any additional information that the agency determines 908
may be useful. 909
(g) In the statement or revised statement, whichever 910
applies, a description of any regulatory alternatives submitted 911
under paragraph (1)(a) and a statement adopting the alternative 912
or a statement of the reasons for rejecting the alternative in 913
favor of the proposed rule. 914
(3) If the adverse impact or regulatory costs of the rule 915
exceed any of the criteria established in paragraph (2)(a), the 916
rule must shall be submitted to the President of the Senate and 917
Speaker of the House of Representatives no later than 30 days 918
before prior to the next regular legislative session, and the 919
rule may not take effect until it is ratified by the 920
Legislature. 921
(4) Subsection (3) does not apply to the adoption of: 922
(a) Federal standards pursuant to s. 120.54(6). 923
(b) Triennial updates of a nd amendments to the Florida 924
Building Code which are expressly authorized by s. 553.73. 925
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(c) Triennial updates of and amendments to the Florida 926
Fire Prevention Code which are expressly authorized by s. 927
633.202. 928
(d) Emergency rules adopted pursuant to s. 120.54(4). 929
(5) For purposes of subsections (2) and (3), adverse 930
impacts and regulatory costs likely to occur within 5 years 931
after implementation of the rule include adverse impacts and 932
regulatory costs estimated to occur within 5 years after the 933
effective date of the rule. However, if any provision of the 934
rule is not fully implemented upon the effective date of the 935
rule, the adverse impacts and regulatory costs associated with 936
such provision must be adjusted to include any additional 937
adverse impacts and regulatory costs estimated to occur within 5 938
years after implementation of such provision. 939
(6)(a) In evaluating the impacts described in paragraphs 940
(2)(a) and (e), an agency shall include good faith estimates of 941
market impacts likely to result from compl iance with the 942
proposed rule, including: 943
1. Increased customer charges for goods or services. 944
2. Decreased market value of goods or services produced, 945
provided, or sold. 946
3. Increased costs resulting from the purchase of 947
substitute or alternative good s or services. 948
4. The reasonable value of time to be spent by owners, 949
officers, operators, and managers to understand and comply with 950
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the proposed rule, including, but not limited to, time to be 951
spent completing required education, training, or testing. 952
5. Capital costs. 953
6. Any other impacts suggested by the rules ombudsman in 954
the Executive Office of the Governor or by any interested 955
persons. 956
(b) In estimating the information required in paragraphs 957
(2)(b)-(e), the agency may use surveys of individua ls, 958
businesses, business organizations, counties, and municipalities 959
to collect data helpful to estimate the costs and impacts. 960
(c) In estimating compliance costs under paragraph (2)(d), 961
the agency shall consider, among other matters, all direct and 962
indirect costs necessary to comply with the proposed rule which 963
are readily ascertainable based upon standard business 964
practices, including, but not limited to, costs related to: 965
1. Filing fees. 966
2. Expenses to obtain a license. 967
3. Necessary equipment . 968
4. Installation, utilities for, and maintenance of 969
necessary equipment. 970
5. Necessary operations and procedures. 971
6. Accounting, financial, information management, and 972
other administrative processes. 973
7. Other processes. 974
8. Labor based on relevant rates of wages, salaries, and 975
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benefits. 976
9. Materials and supplies. 977
10. Capital expenditures, including financing costs. 978
11. Professional and technical services, including 979
contracted services necessary to implement and maintain 980
compliance. 981
12. Monitoring and reporting. 982
13. Qualifying and recurring education, training, and 983
testing. 984
14. Travel. 985
15. Insurance and surety requirements. 986
16. A fair and reasonable allocation of administrative 987
costs and other overhead. 988
17. Reduced sales or other re venues. 989
18. Other items suggested by the rules ombudsman in the 990
Executive Office of the Governor or by any interested person, 991
business organization, or business representative. 992
(7)(a) The Department of State shall include on the 993
Florida Administrative Register website the agency website 994
addresses where statements of estimated regulatory costs can be 995
viewed in their entirety. 996
(b) An agency that prepares a statement of estimated 997
regulatory costs must provide, as part of the notice required 998
under s. 120.54(3)(a), the agency website address where the 999
statement of estimated regulatory costs can be read in its 1000
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entirety to the Department of State for publication in the 1001
Florida Administrative Register. 1002
(c) If an agency revises its statement of estimated 1003
regulatory costs, the agency must provide notice that a revision 1004
has been made in the manner provided under s. 120.54(3)(d)1. 1005
Such notice must also include the agency website address where 1006
the revision can be viewed in its entirety. 1007
Section 4. Section 120. 5435, Florida Statutes, is created 1008
to read: 1009
120.5435 Repromulgation of rules. — 1010
(1) It is the intent of the Legislature that each agency 1011
periodically review its rules for consistency with the powers 1012
and duties granted by its enabling statutes. 1013
(2) If an agency determines after review that substantive 1014
changes to update a rule are not required, such agency must 1015
repromulgate the rule to reflect the date of the review. All 1016
rules adopted, amended, or repromulgated on or after July 1, 1017
2025, must be reviewed within 5 years after their effective 1018
dates and every 5 years thereafter. Each agency shall review all 1019
existing rules pursuant to this section no later than December 1020
31, 2030. Any variation from this schedule must be reflected in 1021
the agency's regulatory pla n. No later than December 31, 2025, 1022
the committee shall provide each agency with a list of existing 1023
rules and their effective dates. Failure of an agency to adhere 1024
to the deadlines imposed in this section constitutes a material 1025
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failure to follow the applic able rulemaking procedures or 1026
requirements of this chapter and shall be the basis of an 1027
objection under s. 120.545. 1028
(3) Before repromulgation of a rule, the agency must, upon 1029
approval by the agency head or his or her designee: 1030
(a) Publish a notice of r epromulgation in the Florida 1031
Administrative Register. A notice of repromulgation is not 1032
required to include the text of the rule being repromulgated. 1033
(b) File the rule for repromulgation with the Department 1034
of State. A rule may not be filed for repromulg ation less than 1035
28 days, or more than 90 days, after the date of publication of 1036
the notice required by paragraph (a). 1037
(4) The agency must file a notice of repromulgation with 1038
the committee at least 14 days before filing the rule for 1039
repromulgation. At the time the rule is filed for 1040
repromulgation, the committee shall certify whether the agency 1041
has responded in writing to all material and timely written 1042
comments or written inquiries made on behalf of the committee. 1043
(5) A repromulgated rule is not subje ct to challenge as a 1044
proposed rule pursuant to s. 120.56(2). 1045
(6) The hearing requirements of s. 120.54 do not apply to 1046
repromulgation of a rule. 1047
(7)(a) The agency, upon approval of the agency head or his 1048
or her designee, shall electronically file with the Department 1049
of State a certified copy of the repromulgated rule it proposes 1050
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to adopt and one certified copy of any material incorporated by 1051
reference in the rule. 1052
(b) The rule is considered to be repromulgated upon its 1053
filing with the Department of State. 1054
(c) The Department of State shall update the history note 1055
of the rule in the Florida Administrative Code to reflect the 1056
filing date of the re promulgated rule. 1057
(8) At least 30 days before each legislative session, the 1058
committee shall submit to the President of the Senate and the 1059
Speaker of the House of Representatives a list of all rules that 1060
have not been repromulgated in accordance with this section and 1061
identify whether the statutory rulemaking authority for each 1062
rule remains in effect. If no action is taken by the Legislature 1063
with regard to a rule during the next regular legislative 1064
session, each agency, within 14 days after the close of the 1065
session, must initiate rulemaking proceedings under chapter 120 1066
to repeal the rule. 1067
(9) The Department of State shall adopt rules to implement 1068
this section by December 31, 2025. 1069
Section 5. Section 120.5436, Florida Statutes, is created 1070
to read: 1071
120.5436 Infrastructure and environmental permitting 1072
review.— 1073
(1)(a) It is the intent of the Legislature to build a more 1074
resilient and responsive government infrastructure to allow for 1075
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quick recovery after natural disasters, including hurricanes and 1076
tropical storms. 1077
(b) It is further the intent of the Legislature to promote 1078
efficiency in state government across branches, agencies, and 1079
other governmental entities and to identify any area of 1080
improvement within each that allows for quick, effective 1081
delivery of services. 1082
(c) Further, the Legislature intends for the state to seek 1083
out ways to improve its administrative procedures in relevant 1084
fields to build a streamlined permitting process that withstands 1085
disruptions caused by natural disasters, including hurr icanes 1086
and tropical storms. 1087
(2)(a) The Department of Environmental Protection and 1088
water management districts shall conduct a holistic review of 1089
their current coastal permitting processes and other permit 1090
programs. These permitting processes must include, but are not 1091
limited to, coastal construction control line permits; joint 1092
coastal permits; environmental resource permits; consistent with 1093
the terms of the United States Environmental Protection Agency's 1094
approval, state-administered section 404 permits; an d permitting 1095
processes related to water supply infrastructure, wastewater 1096
infrastructure, and onsite sewage treatment and disposal 1097
systems. 1098
(b) The scope and purpose of the review is to identify 1099
areas of improvement and to increase efficiency within each 1100
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process. Factors that must be considered in the review include 1101
the following: 1102
1. The requirements to obtain a permit. 1103
2. Time periods for review, including by commenting 1104
agencies, and approval of the permit application. 1105
3. Areas for improved efficie ncy and decision-point 1106
consolidation within a single project's process. 1107
4. Areas of duplication across one or more permit 1108
programs. 1109
5. The methods of requesting permits. 1110
6. Any other factors that may increase the efficiency of 1111
the permitting processe s and may allow improved storm recovery. 1112
(c) By December 31, 2025, the department and water 1113
management districts shall provide their findings and proposed 1114
solutions in a report to the Governor, the President of the 1115
Senate, and the Speaker of the House of Representatives. 1116
Section 6. Subsection (1) of section 120.545, Florida 1117
Statutes, is amended to read: 1118
120.545 Committee review of agency rules. — 1119
(1) As a legislative check on legislatively created 1120
authority, the committee shall examine each existing rule and 1121
proposed rule, except for those proposed rules exempted by s. 1122
120.81(1)(e) and (2), and its accompanying material, and each 1123
emergency rule, and may examine any existing rule, for the 1124
purpose of determining whether: 1125
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(a) The rule is an invalid e xercise of delegated 1126
legislative authority. 1127
(b) The statutory authority for the rule has been 1128
repealed. 1129
(c) The rule reiterates or paraphrases statutory material. 1130
(d) The rule is in proper form. 1131
(e) The notice given before prior to its adoption was 1132
sufficient to give adequate notice of the purpose and effect of 1133
the rule. 1134
(f) The rule is consistent with expressed legislative 1135
intent pertaining to the specific provisions of law which the 1136
rule implements. 1137
(g) The rule is necessary t o accomplish the apparent or 1138
expressed objectives of the specific provision of law which the 1139
rule implements. 1140
(h) The rule is a reasonable implementation of the law as 1141
it affects the convenience of the general public or persons 1142
particularly affected by t he rule. 1143
(i) The rule could be made less complex or more easily 1144
comprehensible to the general public. 1145
(j) The rule's statement of estimated regulatory costs 1146
complies with the requirements of s. 120.541 and whether the 1147
rule does not impose regulatory co sts on the regulated person, 1148
county, or city which could be reduced by the adoption of less 1149
costly alternatives that substantially accomplish the statutory 1150
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objectives. 1151
(k) The rule will require additional appropriations. 1152
(l) If the rule is an emergency rule, there exists an 1153
emergency justifying the adoption of such rule, the agency is 1154
within its statutory authority, and the rule was adopted in 1155
compliance with the requirements and limitations of s. 1156
120.54(4). 1157
Section 7. Paragraphs (a), (b), and (c) o f subsection (1) 1158
of section 120.55, Florida Statutes, are amended to read: 1159
120.55 Publication. — 1160
(1) The Department of State shall: 1161
(a)1. Through a continuous revision and publication 1162
system, compile and publish electronically, on a website managed 1163
by the department, the "Florida Administrative Code." The 1164
Florida Administrative Code must shall contain all rules adopted 1165
by each agency, citing the grant of rulemaking authority and the 1166
specific law implemented pursuant to which each rule was 1167
adopted, all history notes as authorized in s. 120.545(7), 1168
complete indexes to all rules contained in the code, and any 1169
other material required or authorized by law or deemed useful by 1170
the department. The electronic code must shall display each rule 1171
chapter currently in effect in browse mode and allow full text 1172
search of the code and each rule chapter. The department may 1173
contract with a publishing firm for a printed publication; 1174
however, the department shall retain responsibility for the code 1175
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as provided in this section . The electronic publication is shall 1176
be the official compilation of the administrative rules of this 1177
state. The Florida Administrative Register must be published 1178
once each business day by 8 a.m., with the exception of state 1179
holidays or emergency closures of state agencies. If a rule, 1180
proposed rule, or notice of rule development is corrected and 1181
replaced, the corrected rule or notice must be published in the 1182
next available Florida Administrative Register with a notation 1183
indicating that the rule, proposed ru le, or notice has been 1184
corrected by the Department of State. Any timeframes for 1185
rulemaking set forth in this chapter must revert to the initial 1186
date of publication. 1187
1188
The Department of State retains shall retain the copyright over 1189
the Florida Administrative Code. 1190
2. Not publish rules in the Florida Administrative Code 1191
which are general in form but applicable to only one school 1192
district, community college district, or county, or a part 1193
thereof, or state university rules relating to internal 1194
personnel or business and finance shall not be published in the 1195
Florida Administrative Code . Exclusion from publication in the 1196
Florida Administrative Code does shall not affect the validity 1197
or effectiveness of such rules. 1198
3. At the beginning of the section of the code d ealing 1199
with an agency that files copies of its rules with the 1200
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department, the agency department shall publish the address and 1201
telephone number of the executive offices of each agency, the 1202
manner by which the agency indexes its rules, a listing of all 1203
rules of that agency excluded from publication in the code, and 1204
a statement as to where those rules may be inspected. 1205
4. Not publish forms shall not be published in the Florida 1206
Administrative Code; but any form which an agency uses in its 1207
dealings with the public, along with any accompanying 1208
instructions, shall be filed with the committee before it is 1209
used. Any form or instruction which meets the definition of 1210
"rule" provided in s. 120.52 must shall be incorporated by 1211
reference into the appropriate rule. The reference must shall 1212
specifically state that the form is being incorporated by 1213
reference and must shall include the number, title, and 1214
effective date of the form and an explanation of how the form 1215
may be obtained. Each form created by an agency which is 1216
incorporated by reference in a rule notice of which is given 1217
under s. 120.54(3)(a) after December 31, 2007, must clearly 1218
display the number, title, and effective date of the form and 1219
the number of the rule in which the form is incorporated. 1220
5. Require all materials incorporated by reference in any 1221
part of an adopted rule and in any part of a repromul gated rule 1222
The department shall allow adopted rules and material 1223
incorporated by reference to be filed in the manner prescribed 1224
by s. 120.54(1)(i)3.a. or b. electronic form as prescribed by 1225
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department rule. When a proposed rule is filed for adoption or 1226
repromulgation with incorporated material in electronic form, 1227
the department's publication of the Florida Administrative Code 1228
on its website must contain a hyperlink from the incorporating 1229
reference in the rule directly to that material. The department 1230
may not allow hyperlinks from rules in the Florida 1231
Administrative Code to any material other than that filed with 1232
and maintained by the department, but may allow hyperlinks to 1233
incorporated material maintained by the department from the 1234
adopting agency's website or other sites. 1235
6. Include the date of any technical changes to a rule in 1236
the history note of the rule in the Florida Administrative Code. 1237
A technical change does not affect the effective date of the 1238
rule. 1239
(b) Electronically publish on a website manage d by the 1240
department a continuous revision and publication entitled the 1241
"Florida Administrative Register," which shall serve as the 1242
official publication and must contain: 1243
1. All notices required by s. 120.54(2) and (3)(a), 1244
showing the text of all rules pr oposed for consideration. 1245
2. All notices of public meetings, hearings, and workshops 1246
conducted in accordance with s. 120.525, including a statement 1247
of the manner in which a copy of the agenda may be obtained. 1248
3. A notice of each request for authorizati on to amend or 1249
repeal an existing uniform rule or for the adoption of new 1250
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uniform rules. 1251
4. Notice of petitions for declaratory statements or 1252
administrative determinations. 1253
5. A summary of each objection to any rule filed by the 1254
Administrative Procedur es Committee. 1255
6. A list of rules filed for adoption in the previous 7 1256
days. 1257
7. A list of all rules filed for adoption pending 1258
legislative ratification under s. 120.541(3). A rule shall be 1259
removed from the list once notice of ratification or withdrawal 1260
of the rule is received. 1261
8. The full text of each emergency rule in effect on the 1262
date of publication. 1263
9. Any other material required or authorized by law or 1264
deemed useful by the department. 1265
1266
The department may contract with a publishing firm for a printed 1267
publication of the Florida Administrative Register and make 1268
copies available on an annual subscription basis. 1269
(c) Prescribe by rule the style and form required for 1270
rules, notices, and other materials submitted for filing , 1271
including a rule requiri ng documents created by an agency which 1272
are proposed to be incorporated by reference in notices 1273
published pursuant to s. 120.54(3)(a) and (d) to be coded in the 1274
same manner as notices published pursuant to s. 120.54(3)(a)1 . 1275
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Section 8. Paragraph (a) of subsection (2) of section 1276
120.56, Florida Statutes, is amended to read: 1277
120.56 Challenges to rules. — 1278
(2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS. — 1279
(a) A petition alleging the invalidity of a proposed rule 1280
shall be filed within 21 days after th e date of publication of 1281
the notice required by s. 120.54(3)(a); within 10 days after the 1282
final public hearing is held on the proposed rule as provided by 1283
s. 120.54(3)(e)2.; within 20 days after the statement of 1284
estimated regulatory costs or revised statem ent of estimated 1285
regulatory costs, if applicable, has been prepared and made 1286
available as provided in s. 120.541(1)(c) s. 120.541(1)(d); or 1287
within 20 days after the date of publication of the notice 1288
required by s. 120.54(3)(d). The petitioner has the burde n to 1289
prove by a preponderance of the evidence that the petitioner 1290
would be substantially affected by the proposed rule. The agency 1291
then has the burden to prove by a preponderance of the evidence 1292
that the proposed rule is not an invalid exercise of delegate d 1293
legislative authority as to the objections raised. A person who 1294
is not substantially affected by the proposed rule as initially 1295
noticed, but who is substantially affected by the rule as a 1296
result of a change, may challenge any provision of the resulting 1297
proposed rule. 1298
Section 9. Subsection (1) and paragraph (a) of subsection 1299
(2) of section 120.74, Florida Statutes, are amended to read: 1300
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120.74 Agency annual rulemaking and regulatory plans; 1301
reports.— 1302
(1) REGULATORY PLAN. —By October 1 of each year, ea ch 1303
agency shall prepare a regulatory plan. 1304
(a) The plan must include a listing of each law enacted or 1305
amended during the previous 12 months which creates or modifies 1306
the duties or authority of the agency. If the Governor or the 1307
Attorney General provides a letter to the committee stating that 1308
a law affects all or most agencies, the agency may exclude the 1309
law from its plan. For each law listed by an agency under this 1310
paragraph, the plan must state: 1311
1. Whether the agency must adopt rules to implement the 1312
law. 1313
2. If rulemaking is necessary to implement the law: 1314
a. Whether a notice of rule development has been published 1315
and, if so, the citation to such notice in the Florida 1316
Administrative Register. 1317
b. The date by which the agency expects to publish the 1318
notice of proposed rule under s. 120.54(3)(a). 1319
3. If rulemaking is not necessary to implement the law, a 1320
concise written explanation of the reasons why the law may be 1321
implemented without rulemaking. 1322
(b) The plan must also identify and describe each rul e, 1323
including each rule number or proposed rule number, which 1324
include a listing of each law not otherwise listed pursuant to 1325
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paragraph (a) which the agency expects to develop, adopt, or 1326
repeal for the 12-month period beginning on October 1 and ending 1327
on September 30 implement by rulemaking before the following 1328
July 1, excluding emergency rules except emergency rulemaking . 1329
For each rule law listed under this paragraph, the plan must 1330
state whether the rulemaking is intended to simplify, clarify, 1331
increase efficiency, improve coordination with other agencies, 1332
reduce regulatory costs, or delete obsolete, unnecessary, or 1333
redundant rules. 1334
(c) The plan must include any desired update to the prior 1335
year's regulatory plan or supplement published pursuant to 1336
subsection (7). If, in a prior year, a law was identified under 1337
this paragraph or under subparagraph (a)1. as a law requiring 1338
rulemaking to implement but a notice of proposed rule has not 1339
been published: 1340
1. The agency must shall identify and again list such law, 1341
noting the applicable notice of rule development by citation to 1342
the Florida Administrative Register; or 1343
2. If the agency has subsequently determined that 1344
rulemaking is not necessary to implement the law, the agency 1345
must shall identify such law, reference the citation to the 1346
applicable notice of rule development in the Florida 1347
Administrative Register, and provide a concise written 1348
explanation of the reason why the law may be implemented without 1349
rulemaking. 1350
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(d) The plan must identify any rules that are req uired to 1351
be repromulgated pursuant to s. 120.5435 for the 12 -month period 1352
beginning on October 1 and ending on September 30. 1353
(e) The plan must include a certification executed on 1354
behalf of the agency by both the agency head, or, if the agency 1355
head is a collegial body, the presiding officer; and the 1356
individual acting as principal legal advisor to the agency head. 1357
The certification must declare: 1358
1. Verify That the persons executing the certification 1359
have reviewed the plan. 1360
2. Verify That the agency regularly reviews all of its 1361
rules and identify the period during which all rules have most 1362
recently been reviewed to determine if the rules remain 1363
consistent with the agency's rulemaking authority and the laws 1364
implemented. 1365
3. That the agency understands that regulatory 1366
accountability is necessary to ensure public confidence in the 1367
integrity of state government and, to that end, the agency is 1368
diligently working toward lowering the total number of rules 1369
adopted. 1370
4. The total number of ru les adopted and repealed during 1371
the previous 12 months. 1372
(2) PUBLICATION AND DELIVERY TO THE COMMITTEE. — 1373
(a) By October 1 of each year, each agency shall: 1374
1. Publish its regulatory plan on its website or on 1375
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another state website established for public ation of 1376
administrative law records. A clearly labeled hyperlink to the 1377
current plan must be included on the agency's primary website 1378
homepage. 1379
2. Electronically deliver to the committee a copy of the 1380
certification required in paragraph (1)(e) (1)(d). 1381
3. Publish in the Florida Administrative Register a notice 1382
identifying the date of publication of the agency's regulatory 1383
plan. The notice must include a hyperlink or website address 1384
providing direct access to the published plan. 1385
Section 10. Subsectio ns (11) and (20) of section 120.80, 1386
Florida Statutes, are amended to read: 1387
120.80 Exceptions and special requirements; agencies. — 1388
(11) NATIONAL GUARD. —Notwithstanding s. 120.52(17) s. 1389
120.52(16), the enlistment, organization, administration, 1390
equipment, maintenance, training, and discipline of the militia, 1391
National Guard, organized militia, and unorganized militia, as 1392
provided by s. 2, Art. X of the State Constitution, are not 1393
rules as defined by this chapter. 1394
(20) FLORIDA STATE GUARD. —Notwithstanding s. 120.52(17) s. 1395
120.52(16), the enlistment, organization, administration, 1396
equipment, maintenance, training, and discipline of the Florida 1397
State Guard are not rules as defined by this chapter. 1398
Section 11. Paragraph (c) of subsection (1) of section 1399
120.81, Florida Statutes, is amended to read: 1400
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120.81 Exceptions and special requirements; general 1401
areas.— 1402
(1) EDUCATIONAL UNITS. — 1403
(c) Notwithstanding s. 120.52(17) s. 120.52(16), any 1404
tests, test scoring criteria, or testing procedures relating to 1405
student assessment which are developed or administered by the 1406
Department of Education pursuant to s. 1003.4282, s. 1008.22, or 1407
s. 1008.25, or any other statewide educational tests required by 1408
law, are not rules. 1409
Section 12. Paragraph (a) of subsection (1) of section 1410
420.9072, Florida Statutes, is amended to read: 1411
420.9072 State Housing Initiatives Partnership Program. —1412
The State Housing Initiatives Partnership Program is created for 1413
the purpose of providing funds to counties and eligible 1414
municipalities as an incentive for the creation of local housing 1415
partnerships, to expand production of and preserve affordable 1416
housing, to further the housing element of the local government 1417
comprehensive plan specific to affordable housing, and to 1418
increase housing-related employment. 1419
(1)(a) In addition to the legislative findings set forth 1420
in s. 420.6015, the Legislature finds that affordable housing is 1421
most effectively provided by combining available public and 1422
private resources to conserve and improve existing housing and 1423
provide new housing for very -low-income households, low -income 1424
households, and moderate -income households. The Legislature 1425
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intends to encourage partnerships in order to secure the 1426
benefits of cooperation by the public and private sectors and to 1427
reduce the cost of housing for the target group by effectively 1428
combining all available resources and cost -saving measures. The 1429
Legislature further intends that local governments achieve this 1430
combination of resources by encouraging active partnerships 1431
between government, lenders, builders and developers, real 1432
estate professionals, advocates for low -income persons, and 1433
community groups to produce affordable housing and provide 1434
related services. Extending the partnership concept to encompass 1435
cooperative efforts among sma ll counties as defined in s. 1436
120.52(20) s. 120.52(19), and among counties and municipalities 1437
is specifically encouraged. Local governments are also intended 1438
to establish an affordable housing advisory committee to 1439
recommend monetary and nonmonetary incenti ves for affordable 1440
housing as provided in s. 420.9076. 1441
Section 13. Subsection (7) of section 420.9075, Florida 1442
Statutes, is amended to read: 1443
420.9075 Local housing assistance plans; partnerships. — 1444
(7) The moneys deposited in the local housing assis tance 1445
trust fund shall be used to administer and implement the local 1446
housing assistance plan. The cost of administering the plan may 1447
not exceed 5 percent of the local housing distribution moneys 1448
and program income deposited into the trust fund. A county or an 1449
eligible municipality may not exceed the 5 -percent limitation on 1450
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administrative costs, unless its governing body finds, by 1451
resolution, that 5 percent of the local housing distribution 1452
plus 5 percent of program income is insufficient to adequately 1453
pay the necessary costs of administering the local housing 1454
assistance plan. The cost of administering the program may not 1455
exceed 10 percent of the local housing distribution plus 5 1456
percent of program income deposited into the trust fund, except 1457
that small counties, as defined in s. 120.52(20) s. 120.52(19), 1458
and eligible municipalities receiving a local housing 1459
distribution of up to $350,000 may use up to 10 percent of 1460
program income for administrative costs. 1461
Section 14. Paragraph (d) of subsection (1) of sec tion 1462
443.091, Florida Statutes, is amended to read: 1463
443.091 Benefit eligibility conditions. — 1464
(1) An unemployed individual is eligible to receive 1465
benefits for any week only if the Department of Commerce finds 1466
that: 1467
(d) She or he is able to work and is available for work. 1468
In order to assess eligibility for a claimed week of 1469
unemployment, the department shall develop criteria to determine 1470
a claimant's ability to work and availability for work. A 1471
claimant must be actively seeking work in order to be consi dered 1472
available for work. This means engaging in systematic and 1473
sustained efforts to find work, including contacting at least 1474
five prospective employers for each week of unemployment 1475
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claimed. The department may require the claimant to provide 1476
proof of such efforts to the one-stop career center as part of 1477
reemployment services. A claimant's proof of work search efforts 1478
may not include the same prospective employer at the same 1479
location in 3 consecutive weeks, unless the employer has 1480
indicated since the time o f the initial contact that the 1481
employer is hiring. The department shall conduct random reviews 1482
of work search information provided by claimants. As an 1483
alternative to contacting at least five prospective employers 1484
for any week of unemployment claimed, a cla imant may, for that 1485
same week, report in person to a one -stop career center to meet 1486
with a representative of the center and access reemployment 1487
services of the center. The center shall keep a record of the 1488
services or information provided to the claimant a nd shall 1489
provide the records to the department upon request by the 1490
department. However: 1491
1. Notwithstanding any other provision of this paragraph 1492
or paragraphs (b) and (e), an otherwise eligible individual may 1493
not be denied benefits for any week because s he or he is in 1494
training with the approval of the department, or by reason of s. 1495
443.101(2) relating to failure to apply for, or refusal to 1496
accept, suitable work. Training may be approved by the 1497
department in accordance with criteria prescribed by rule. A 1498
claimant's eligibility during approved training is contingent 1499
upon satisfying eligibility conditions prescribed by rule. 1500
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2. Notwithstanding any other provision of this chapter, an 1501
otherwise eligible individual who is in training approved under 1502
s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 1503
determined ineligible or disqualified for benefits due to 1504
enrollment in such training or because of leaving work that is 1505
not suitable employment to enter such training. As used in this 1506
subparagraph, the te rm "suitable employment" means work of a 1507
substantially equal or higher skill level than the worker's past 1508
adversely affected employment, as defined for purposes of the 1509
Trade Act of 1974, as amended, the wages for which are at least 1510
80 percent of the worker 's average weekly wage as determined for 1511
purposes of the Trade Act of 1974, as amended. 1512
3. Notwithstanding any other provision of this section, an 1513
otherwise eligible individual may not be denied benefits for any 1514
week because she or he is before any state or federal court 1515
pursuant to a lawfully issued summons to appear for jury duty. 1516
4. Union members who customarily obtain employment through 1517
a union hiring hall may satisfy the work search requirements of 1518
this paragraph by reporting daily to their union h all. 1519
5. The work search requirements of this paragraph do not 1520
apply to persons who are unemployed as a result of a temporary 1521
layoff or who are claiming benefits under an approved short -time 1522
compensation plan as provided in s. 443.1116. 1523
6. In small counties as defined in s. 120.52(20) s. 1524
120.52(19), a claimant engaging in systematic and sustained 1525
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efforts to find work must contact at least three prospective 1526
employers for each week of unemployment claimed. 1527
7. The work search requirements of this paragrap h do not 1528
apply to persons required to participate in reemployment 1529
services under paragraph (e). 1530
Section 15. This act shall take effect July 1, 2025. 1531