STORAGE NAME: h0433.GOS
DATE: 3/14/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 433
TITLE: Administrative Procedures
SPONSOR(S): Overdorf
COMPANION BILL: CS/SB 108 (Grall)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Government Operations
Budget
State Affairs
SUMMARY
Effect of the Bill:
The bill creates a rule review process called repromulgation that requires each agency to periodically review rules
for consistency with the powers and duties granted by their enabling statutes. If after review an agency finds that
substantive changes are not required of a rule, the agency is required to repromulgate the rule to reflect the date of
the review. Before each session, the Joint Administrative Procedures Committee must submit a list of all rules that
have not been repromulgated to the President of the Senate and the Speaker of the House of Representatives,
identifying whether the statutory rulemaking authority for each rule remains in effect. If the Legislature does not
act regarding these rules during that session, each agency must repeal the rule within 14 days after the close of
session. All rules adopted before the effective date of the bill must be reviewed by December 31, 2030; all rules
adopted after must be reviewed five years after their effective dates and every five years thereafter. The bill
requires each agency to create a statement of estimated regulatory costs (SERC) for each proposed rule and
provides specificity as to what constitutes compliance costs for purposes of the SERC. Additionally, the bill makes
various changes to the rulemaking process including requiring agencies to file a notice of rule development at least
seven days before providing a notice of a proposed rule, requiring agencies to withdraw any proposed rule when
the agency has failed to adopt within the required timeframes, and revising the emergency rulemaking process.
Fiscal or Economic Impact:
The bill may have an indeterminate negative fiscal impact on state government.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Repromulgation of Rules
The bill requires each agency to periodically review rules for consistency with the powers and duties granted by
their enabling statutes. If after review an agency finds that substantive changes are not required of a rule, the
agency is required to repromulgate the rule to reflect the date of the review. All rules adopted, amended, or
repromulgated on or after July 1, 2025, must be reviewed within five years after their effective dates and every five
years thereafter. Agencies must review all existing rules by December 31, 2030. If an agency deviates from this
schedule, the agency must reflect the deviation in its annual regulatory plan. (Section 4)
The Joint Administrative Procedures Committee (JAPC) is required to provide each agency with a list of existing
rules and their effective dates by December 31, 2025. Agencies that fail to adhere to the review and
repromulgation deadlines set forth in the section will be subject to objections by JAPC. (Section 4)
The bill also requires that an agency must publish notice of repromulgation in the Florida Administrative Register
(FAR) before repromulgation of a rule. The text of the rule being promulgated, however, does not need to be
included. The agency must file the repromulgated rule with the Department of State (DOS), and it may not be filed
for repromulgation less than 28 days, or more than 90 days, after the notice of repromulgation was filed. The
agency must provide a notice of repromulgation to JAPC at least 14 days before filing the rule. JAPC must certify, at JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
the time the rule is filed, whether the agency has responded in writing to all material and timely written comments
or inquiries made by the committee. (Section 4)
The validity of repromulgated rules may not be challenged as a proposed rule in the Division of Administrative
Hearings (DOAH). (Section 4)
The agency is required to electronically file a certified copy of the repromulgated rule and a certified copy of any
material incorporated by reference with DOS. DOS must then update the history note of the rule in the Florida
Administrative Code, reflecting the filing date of the repromulgated rule. (Section 4)
At least 30 days before each legislative session, JAPC must submit a list of all rules that have not yet been
repromulgated to the President of the Senate and the Speaker of the House of Representatives, identifying whether
the statutory rulemaking authority for each rule remains in effect. If the Legislature does not act regarding these
rules during the next regular session, each agency must repeal the rule within 14 days after the close of session.
(Section 4)
Statements of Estimated Regulatory Costs
The bill requires each agency to prepare a statement of estimated regulatory costs (SERC) before the adoption or
amendment of any rule; however, SERCs are not required for emergency rules or for proposed rule repeals unless
the repeal would impose a regulatory cost. (Section 2)
The bill adds good faith estimates of market impacts likely to result from compliance with a proposed rule that an
agency must include in its SERCs. These include:
Increased customer charges for goods and services.
Decreased market value of goods or services produced, provided, or sold.
Increased costs resulting from the purchase of substitute or alternative goods or services.
The reasonable value of time to be spent by owners, officers, operators, and managers to understand and
comply with the proposed rule, including time to be spent completing required education, training, or
testing.
Capital costs.
Any other impacts suggested by the rules ombudsman in the Executive Office of the Governor or by any
interested persons. (Section 3)
Each agency must also consider all direct and indirect costs necessary for individuals and private or local
governmental entities to comply with the proposed rule. The bill provides 18 types of “compliance costs” agencies
should consider including, but not limited to:
Filing fees.
Expenses to obtain a license.
Installation, utilities for, and maintenance of necessary equipment.
Necessary operations and procedures.
Accounting, financial, information management, and other administrative processes
Labor based on relevant rates of wages, salaries, and benefits.
Materials and supplies.
Capital expenditures, including financial costs.
Professional and technical services, including contracted services necessary to implement and maintain
compliance. (Section 3)
Each agency is also responsible for providing notice of any changes to SERCs, other than technical changes,
including summaries of those revisions. The bill requires DOS to include on the FAR website the agency website
where SERCs can be viewed in their entirety. Also, in the notice of proposed rule, each agency must provide the
website address where the SERC or its revisions can be read in its entirety to DOS for publication in the FAR.
(Sections 2 and 3)
Adverse Impacts on Small Businesses JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Each agency as part of the pre-SERC process must consider whether a bill has an adverse impact on small business.
The bill sets out the following list of impacts that qualify as adverse impacts to small businesses:
Whether an owner, officer, operator, or manager must complete any education, training, or testing to
comply, or is likely to spend at least 10 hours or purchase professional advice to understand and comply,
with the rule in the first year;
Whether taxes or fees assessed on transactions are likely to increase by $500 or more in the aggregate in 1
year;
Whether prices charged for goods and services are restricted or are likely to increase because of the rule;
Whether specially trained, licensed, or tested employees will be required because of the rule;
Whether operating costs are expected to increase by at least $1,000 annually because of the rule; or
Whether capital expenditures in excess of $1,000 are necessary to comply with the rule. (Section 2)
Rulemaking
The bill adds a requirement that an agency must file a notice of rule development in the FAR at least seven days
before providing public notice of a proposed rule. The notice of rule development must also include the proposed
rule number. Additionally, the notice must include a request for submission of any information that could help the
agency in its preparation of the agency’s SERC and provide a statement explaining how a person may either submit
comments or information regarding potential regulatory costs. (Section 1)
The agency must publish the notice of a proposed rule with the FAR within 12 months after the most recent notice
of rule development. The bill also requires that notices of workshops for rule development and for the preparation
of SERCs be published in the FAR no less than 14 days before a workshop’s scheduled date. The bill allows for
affected persons to request in writing that workshops be held for either rule development or information gathering
for the preparation of SERCs. With this added provision, the bill requires that the persons within the agency
responsible for the proposed rule must attend these workshops to also address, explain, and receive any public
input on the SERC. Similarly, the bill states that negotiated rulemaking may also be employed to develop
information necessary to the preparation of SERCs. (Section 2)
Under the bill, an agency will be required to withdraw any proposed rule when the agency has failed to adopt
within the prescribed timeframes for rule promulgation and adoption. JAPC must then send notice to the agency
that it has failed to adopt the proposed rule within prescribed timeframes. If, however, the agency, 30 days after
JAPC’s notice, has not withdrawn the proposed rule, JAPC must notify the Department of State (DOS) that the date
for adoption of the rule has expired. DOS must then publish a notice of withdrawal of the proposed rule. (Section 2)
Emergency Rules
The bill requires that emergency rules be published in the Florida Administrative Code (FAC) as well as the FAR.
The bill allows for an agency to adopt new emergency rules to supersede emergency rules already in effect;
however, the agency must give a reason for the new rule. New rules must remain in effect for the duration of the
effective period of the superseded rule. Technical changes to an emergency rule may be made within the first seven
days after the rule’s adoption. Renewal of emergency rules must be published in the FAR before the expiration of
the existing emergency rule, with the notice of renewal stating the facts and reasons for the renewal. (Section 2)
The bill also states that for emergency rules with an effective period longer than 90 days that supersede existing
rules, a history note must be added to the existing rule, specifically identifying the emergency rule that supersedes
it and include the date the emergency rule was filed with DOS. Also, emergency rules may be repealed at any time
while they are in effect; agencies must publish a notice in the FAR citing the reason for the repeal and the effective
date of the repeal. (Section 2)
Florida Administrative Register
The bill requires the FAR be published each business day by 8 a.m., with the exception of state holidays or
emergency closures of state agencies. If a rule, proposed rule, or notice of rule development is corrected and
replaced, the corrected rule or notice must be published in the next available FAR with a notation indicating the
rule, proposed rule, or notice was corrected by DOS. (Section 7)
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Incorporation by Reference
The bill requires an agency, in all notices of rulemaking, including notices related to rule repromulgation and rule
modifications, that include material incorporated by reference, to submit the incorporated material in a prescribed
electronic format to DOS with the full text available for free public access through an electronic hyperlink and
include a summary of substantive revisions to any material proposed to be incorporated by reference.
Alternatively, if an agency determines that posting the incorporated material on the internet would violate federal
copyright law, the agency must include in the notice a statement to that effect, along with the addresses of
locations at DOS and the agency at which the material is available for public inspection and examination. (Section 2
and 7)
The bill requires DOS to prescribe by rule that material incorporated by reference included in a notice of proposed
rule and a notice of change be formatted in such a way that additions to the text appear underlined and deletions
appear as text stricken through. (Section 7)
Annual Regulatory Plans
The bill requires an agency, in its annual regulatory plan, to identify and describe each rule, including the rule
number or proposed rule number, which the agency intends to develop, adopt, or repeal during the next year. The
plan must also identify any rules that are required to be repromulgated during that period. Further, the bill
requires that in the certification of the regulatory plan an agency must pledge that it understands the necessity of
regulatory accountability to ensure public confidence and integrity of state government, and that the agency is
working toward lowering the total number of rules adopted. The agency must include in the certification the total
number of rules adopted and repealed during the previous year. (Section 9)
Infrastructure and Environmental Permitting Review
The bill directs the Department of Environmental Protection (DEP) and water management districts to conduct a
comprehensive review of current coastal construction permitting processes among other permitting programs
such as coastal construction control line permits, joint coastal permits, and environmental resource permits.
According to the bill, the purpose of the review is to identify areas of improvement and efficiency within each
process. Factors that must be considered are:
The requirements to obtain a permit,
Time periods for review, including by commenting agencies, and approval of the permit application,
Areas for improved efficiency and decision-point consolidation within a single project’s process,
Areas of duplication across one or more permit programs,
The methods of requesting permits, and
Any other factors that may increase the efficiency of the permitting processes and may allow improved
storm recovery.
The bill requires that DEP and water management districts (WMDs) provide their findings and proposals in a
report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December
31, 2025. (Section 5)
Regulatory Alternatives
Lower Cost Regulatory Alternatives
The bill requires each agency to provide a copy of the lower cost regulator alternative (LCRA) to JAPC at least 21
days before filing the proposed rule for adoption. If the LCRA is submitted after a notice of change, the bill provides
that it only needs to be considered if the person submitting the proposal reasonably believes, and the proposal
states the person’s reasons for believing, that the LCRA as changed by the notice of change increase regulatory
costs or creates an adverse impact on small businesses. The bill requires further that in the event a LCRA is made,
the agency must revise its prior SERC and either adopt the alternative proposal, reject the alternative proposal, or
modify the proposed rule to reduce regulatory costs. If the agency rejects the alternative proposal or modifies the
proposed rule, the agency must provide a statement explaining why it rejected the alternative. Further, a summary
of the revised SERC must be published with any subsequent notice of proposed rule. The revised SERC must be
provided to the person who proposed the lower cost regulatory alternative, the rules ombudsman in the Executive
Office of the Governor, and JAPC at least 21 days before filing the proposed rule for adoption. (Section 3) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
Regulatory Alternatives Submitted by the Rules Ombudsman
The bill requires each agency to provide notice to JAPC of any regulatory alternative offered to the agency by the
rules ombudsman at least 21 days before filing the proposed rule for adoption. (Section 2)
Effective Date
The effective date of the bill is July 1, 2025. (Section 15)
RULEMAKING:
The bill grants rulemaking authority to DOS for the purpose of implementing the provisions of the bill related to
repromulgation. The rules are required to be promulgated by December 31, 2025.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill will likely have an indeterminate, negative fiscal impact on state government as a result of the increased
workload among agency staff related to the bill’s repromulgation process as well as its requirement that a SERC be
created for each rule.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Rulemaking
The Legislature, as the sole branch of government with the inherent power to create laws,
1 may delegate to
agencies in the executive branch the quasi-legislative ability, or authority, to create rules.
2 The Administrative
Procedure Act (APA)
3 sets forth a uniform set of procedures agencies must follow when exercising delegated
rulemaking authority. A rule is an agency statement of general applicability that interprets, implements, or
prescribes law or policy, including the procedure and practice requirements of an agency as well as certain types of
forms.
4 Rulemaking authority is delegated by the Legislature through statute and authorizes agencies to “adopt,
develop, establish, or otherwise create”
5 rules. Usually, the Legislature delegates rulemaking authority to a given
agency because an agency has “expertise in a particular area for which they are charged with oversight.”
6 Agencies
do not have the discretion in and of themselves to engage in rulemaking.
7 To adopt a rule, an agency must have a
general grant of authority to implement a specific law by rulemaking.
8 The grant of rulemaking authority itself
need not be detailed. The specific statute being interpreted or implemented through rulemaking must provide
specific standards and guidelines to preclude the administrative agency from exercising unbridled discretion in
creating policy or applying the law.
9
1
Article III, s. 1, FLA. CONST..; see also art. II, s. 3. FLA. CONST.
2
See Whiley v. Scott, 79 So. 3d 702, 710 (Fla. 2011), stating “[r]ulemaking is a derivative of lawmaking.”
3
Ch. 120, F.S.
4
S. 120.52(16), F.S.
5
S. 120.52(17), F.S.
6
Whiley v. Scott, 79 So. 3d 702, 711 (Fla. 2011).
7
S. 120.54(1)(a), F.S.
8
S. 120.52(8), F.S.; s. 120.536(1), F.S.
9
Sloban v. Fla. Bd. Of Pharmacy, 982 So. 2d 26, 29-30 (Fla. 1st DCA 2008); Bd. Of Trustees of the Internal Improvement Trust
Fund v. Day Cruise Assoc., Inc., 794 So. 2d 696, 704 (Fla. 1st DCA 2001). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
An agency begins the formal rulemaking process
10 by filing a notice of rule development of proposed rules
indicating the subject area to be addressed by the rule development and including a short, plain explanation of the
purpose and effect of the rule.
11 The notice is published in the Florida Administrative Register (FAR)—the official
compilation of agency notices published each day. The notice may include the preliminary text of the proposed
rule, but it is not necessary. Such notice is required for all rulemaking, except for rule repeals. Next, an agency must
file, upon approval of the agency head, a notice of proposed rule.
12 The notice of proposed rule is published by the
Department of State (DOS) in the FAR
13 and must contain the full text of the proposed rule or amendment and a
summary thereof.
14 Prior to 2012, the FAR was published weekly, resulting in a period of at least seven days
between the publication of a notice of rule development and a notice of proposed rule.
15 In 2012, the Legislature
passed HB 541 that changed the FAR from a weekly publication to a publication that is continuously revised and, as
a result, eliminated the seven day period between the two notices.
16
After publication of a notice of proposed rule, an agency must hold a hearing on the proposed rule if a person
requests a hearing within 21 days.
17 If, after the hearing is held or after the time for requesting a hearing has
expired, the agency does not change the rule, other than a technical change, the agency must file a notice stating no
changes have been made to the rule with JAPC at least seven days before filing the rule for adoption.
18 However, if a
hearing is requested, the agency may, based upon the comments received at the hearing, publish a notice of
change.
19
As an alternative to the agency-initiated process delineated above, a person regulated by the agency or having a
substantial interest in an agency rule may petition the agency to adopt, amend, or repeal a rule.
20 The petitioner
must specify the proposed rule and action requested.
21 The agency can either initiate rulemaking or decline to do
so; however, if the agency chooses the latter, it must issue a written statement of the reasons for the denial.
22
Once an agency has completed the steps of rulemaking, the agency may file for rule adoption with DOS and the rule
becomes effective 20 days later, unless a different date is indicated in the rule.
23 Most adopted rules are published
in the FAC.
24
The validity of a rule or a proposed rule may be challenged at the Division of Administrative Hearings (DOAH)
25 as
an invalid delegation of legislative authority.
26 An invalid delegation of legislative authority is an action that goes
beyond the powers, functions, and duties delegated by the Legislature.
27 A rule or proposed rule is an invalid
delegation of legislative authority if:
The agency has materially failed to follow the rulemaking procedures in the APA;
10
Alternatively, a person regulated by an agency or having a substantial interest in an agency rule may petition the agency to
adopt, amend, or repeal a rule. S. 120.54(7)(a), F.S.
11
S. 120.54(2), F.S.
12
S. 120.54(3), F.S.
13
S. 120.55(1)(b), F.S.
14
S. 120.54(3)(a)1., F.S.
15
Ch. 2012-63, L.O.F.
16
Id.
17
S. 120.54(3)(c), F.S.
18
S. 120.54(3)(d)1., F.S.
19
Id.
20
S. 120.54(7)(a), F.S.
21
Id.
22
Id.
23
S. 120.54(3)(e)6., F.S.
24
Rules general in form but applicable to only one school district, community college district, or county, or a part thereof, or a
state university rules relating to internal personnel or business and finance are not published in the FAC. Forms are not
published in the FAC. S. 120.55(1)(a), F.S. Emergency rules are also not published in the FAC.
25
DOAH is an agency in the executive branch, administratively housed under the Department of Management Services but not
subject to its control. DOAH employs ALJs who serve as neutral arbiters presiding over disputes arising under the APA. S.
120.65, F.S.
26
S. 120.56(1), F.S.
27
S. 120.52(8), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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The agency has exceeded its grant of rulemaking authority;
The rule enlarges, modifies, or contravenes the specific provisions of the law implemented;
The rule is vague, fails to establish adequate standards for agency decisions, or vests the agency with
unbridled discretion;
The rule is arbitrary or capricious; or
The rule imposes regulatory costs on the regulated person, county, or municipality that could have been
reduced by the adoption of less costly alternatives that substantially accomplish the statutory objectives.
28
An administrative law judge (ALJ) at DOAH hears the rule challenge in a de novo proceeding and, within 30 days of
the hearing, determines the rule’s validity based upon a preponderance of the evidence standard.
29 The ALJ’s
decision constitutes final agency action, which means an agency may not alter the decision after its issuance,
30 but
an agency may appeal the decision to the District Court of Appeal where the agency maintains its headquarters.
31
Statements of Estimated Regulatory Costs
A SERC is an agency’s assessment of the potential economic impact of a proposed rule, including compliance costs
for the public and implementation costs for the agency and other government entities.
32 An agency is encouraged
to prepare SERCs before the adoption, amendment, or repeal of rules;
33 however, an agency is required to prepare
a SERC if the proposed rule will have an adverse impact on small businesses or increase regulatory costs by more
than $200,000 in the aggregate within one year after the implementation of the rule.
34 If the agency revises a rule
before adoption and the revision increases the regulatory costs of the rule, the agency must revise the SERC to
reflect that alteration.
35
A SERC must include:
A good faith estimate of the number of people and entities affected by the proposed rule;
A good faith estimate of the cost to the agency and other governmental entities to implement the proposed
rule;
A good faith estimate of transactional costs likely to be incurred by people, entities, and governmental
agencies for compliance; and
An analysis of the proposed rule’s impact on small business, counties, and municipalities.
36
The SERC must also include an economic analysis on the likelihood that the proposed rule will have an adverse
impact in excess of $1 million within the first 5 years of implementation on:
Economic growth, private-sector job creation or employment, or private-sector investment;
Business competitiveness, productivity, or innovation; or
Regulatory costs, including any transactional costs.
37
If the economic analysis forecasts that the proposed rule’s adverse impact or regulatory costs will be in excess of
$1 million within five years after the rule’s implementation, then the rule must be ratified by the Legislature in
order to take effect.
38
An agency’s failure to prepare a SERC or to respond to a written lower cost regulatory alternative can be raised in a
proceeding at DOAH to invalidate a rule as an invalid exercise of delegated legislative authority only if it is raised
within one year of the effective date of the rule and is raised by a person whose substantial interests are affected
by the regulatory costs of the rule.
39
28
S. 120.52(8)(a)-(f), F.S.
29
S. 120.56(1)(e), F.S.
30
Id.
31
S. 120.68(2)(a), F.S.
32
S. 120.541(2), F.S.
33
S. 120.54(3)(b)1., F.S.
34
Id.
35
S. 120.541(1)(c), F.S.
36
S. 120.541(2)(b)-(e), F.S.
37
S. 120.541(2)(a), F.S.
38
S. 120.541(3), F.S.
39
S. 120.541(1)(f), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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The APA encourages agencies to prepare SERCs before the adoption, amendment, or repeal of rules, only requiring
SERCs to be prepared when a proposed rule will have an adverse impact on small business or the proposed rule is
likely to directly or indirectly increase regulatory costs of more than $200,000 in the aggregate within one year
after the rule’s intended action.
40 The agency must adopt the regulatory alternatives offered by the rules
ombudsman if it finds the alternatives are feasible and consistent with the stated objectives of the proposed rule
and would reduce the impact on small businesses.
41
If the agency does not adopt the alternatives offered, before rule adoption or amendment, the agency must file a
detailed written statement with JAPC explaining the reasons for failure to adopt such alternatives.
42
Emergency Rules
Agencies are authorized to respond to immediate dangers to the public health, safety, or welfare by adopting
emergency rules.
43 Emergency rules are not adopted using the same procedures required of other rules.
44 The
notice of the emergency rule and the text of the rule is published in the first available issue of the FAR; however,
there is no requirement that an emergency rule be published in the FAC.
45 Before or the at the time of the rule’s
promulgation, the agency must publish the specific facts and reasons for finding an immediate danger to the public
health, safety, or welfare.
46 The agency’s findings of immediate danger are judicially reviewable.
47 Emergency rules
are effective immediately, or on a date less than 20 days after filing if specified in the rule,
48 but are only effective
for a period of no longer than 90 days.
49 An emergency rule is not renewable, except when the agency has initiated
rulemaking to adopt rules relating to the subject of the emergency rule and a challenge to the proposed rule has
been filed and remains pending or the proposed rule is awaiting ratification by the Legislature.
50
Incorporation by Reference
The APA allows an agency to incorporate material external to the text of the rule by reference.
51 The material to be
incorporated must exist on the date the rule is adopted.
52 If the agency seeks to alter the material incorporated by
reference after the rule has been adopted, the rule itself must be amended for the change to be effective.
53
However, an agency rule incorporating another rule by reference automatically incorporates subsequent
amendments to the referenced rule.
54
An agency may not incorporate material by reference unless:
The material is submitted in the prescribed electronic format to DOS and the full text of the material may
be made available for free public access through an electronic hyperlink from the rule incorporating the
material by reference in the FAC; or
If the agency determined that posting the material publicly on the internet would violate federal copyright
law, a statement explaining such concern, along with the address of locations at DOS and the agency at
which the material is available for public inspection and examination, must be included in the notice.
55
40
S. 120.54(3)(b), F.S.
41
S. 120.54(3)(b)2.b.(II), F.S.
42
S. 120.54(3)(b)2.b.(III), F.S.
43
S. 120.54(4), F.S.
44
S. 120.54(4)(a), F.S.
45
S. 120.54(4)(a)3., F.S.
46
Id.
47
Id.
48
S. 120.54(4)(d), F.S.
49
S. 120.54(4)(c), F.S.
50
Id.
51
S. 120.54(1)(i), F.S.; see also r. 1-1.013, F.A.C.
52
S. 120.54(1)(i)1., F.S.
53
Id.
54
S. 120.54(1)(i)2., F.S.
55
S. 120.54(1)(i)3., F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
DOS requires each agency incorporating material by reference in an administrative rule to certify the materials
incorporated have been filed with DOS electronically or, if the agency claims posting the material would violate
federal copyright law, the location where the public may view the material.
56
Annual Regulatory Plans
Annually, each agency must prepare a regulatory plan that includes a list of each law enacted during the previous
12 months that creates or modifies the duties or authority of the agency, and state whether the agency must adopt
rules to implement the newly adopted laws.
57 The plan must also include a list of each additional law not otherwise
listed that the agency expects to implement by rulemaking before the following July 1, except emergency rules.
58
The plan must include a certification by the agency head or, if the agency head is a collegial body, the presiding
officer, and the individual acting as principal legal advisor to the agency verifying the persons have reviewed the
plan, verifying the agency regularly reviews all of its rules, and identifying the period during which all rules have
most recently been reviewed to determine if the rules remain consistent with the agency’s rulemaking authority
and the laws being implemented.
59 By October 1 of each year, the plan must be published on the agency’s website
or on another state website established for publication of administrative law records with a hyperlink to the plan.
The agency must also deliver a copy of the certification to JAPC and publish a notice in the FAR identifying the date
of publication of the agency’s regulatory plan.
60
Regulatory Alternatives
Lower Cost Regulatory Alternatives
A person substantially affected by a proposed rule may, within 21 days after the publication of a notice of adoption,
amendment, or repeal of a rule, submit a lower cost regulatory alternative (LCRA).
61 The LCRA must be a written
proposal, made in good faith, that substantially accomplishes the objectives of the law being implemented.
62 A
LCRA may recommend that a rule not be adopted at all, if it explains how the “lower costs and objectives of the law
will be achieved by not adopting any rule.”
63 If a LCRA is submitted to an agency, the agency must prepare a SERC if
one has not been previously prepared, or revise its prior SERC, and either adopt the LCRA or provide a statement
to explain the reasons for rejecting the LCRA.
64 Additionally, if a LCRA is submitted, the 90-day period for filing a
rule is extended an additional 21 days.
65 At least 21 days before filing a rule for adoption, an agency that is required
to revise a SERC in response to a LCRA must provide the SERC to the person who submitted the LCRA and to JAPC
and must provide notice on the agency’s website that it is available to the public.
66
Just as in the case of an agency’s failure to prepare a SERC, an agency’s failure to respond to a LCRA may be raised
in a proceeding at DOAH to invalidate a rule as an invalid delegation of legislative authority if it is raised within one
year of the effective date of the rule and is raised by a person whose substantial interests are affected by the
regulatory costs of the rule.
67
Regulatory Alternatives Submitted by the Rules Ombudsman
Each agency, before the adoption, amendment, or repeal of a rule, must consider the impact of the rule on small
businesses.
68 If the agency determines that the proposed action will affect small businesses, the agency must send
written notice to the rules ombudsman
69 in the Executive Office of the Governor at least 28 days before the
56
R. 1-1.013(5)(d), F.A.C.
57
S. 120.74(1)(a), F.S.
58
S. 120.74(1)(b), F.S.
59
S. 120.74(1)(d), F.S.
60
S. 120.74(2), F.S.
61
S. 120.541(1)(a), F.S.
62
Id.
63
Id.
64
Id.
65
Id.
66
S. 120.541(1)(d), F.S.
67
S. 120.541(1)(f), F.S.
68
S. 120.54(3)(b)2., F.S.
69
The Governor must appoint a rules ombudsman in the Executive Office of the Governor for purposes of considering the
impact of agency rules on the state citizens and businesses. The rules ombudsman must carry out the duties related to rule JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
intended action.
70 The agency must adopt the regulatory alternatives offered by the rules ombudsman if it finds the
alternatives are feasible and consistent with the stated objectives of the proposed rule and would reduce the
impact on small businesses.
71
If the agency does not adopt the alternatives offered, before rule adoption or amendment, the agency must file a
detailed written statement with JAPC explaining the reasons for failure to adopt such alternatives.
72
Joint Administrative Procedures Committee
The Joint Administrative Procedures Committee (JAPC) is a standing committee of the Legislature established by
joint rule and created to maintain a continuous review of administrative rules, the statutory authority upon which
those rules are based, and the administrative rulemaking process.
73 Specifically, JAPC may examine existing rules
and must examine each proposed rule to determine whether:
The rule is an invalid exercise of delegated legislative authority;
The statutory authority for the rule has been repealed;
The rule reiterates or paraphrases statutory material;
The rule is in proper form;
The notice given prior to adoption was sufficient;
The rule is consistent with expressed legislative intent;
The rule is necessary to accomplish the apparent or expressed objectives of the specific provision of law
that the rule implements;
The rule is a reasonable implementation of the law as it affects the convenience of the general public or
persons particularly affected by the rule;
The rule could be made less complex or more easily comprehensible to the general public;
The rule’s statement of estimated regulatory cost complies with the requirements of the APA and whether
the rule does not impose regulatory costs on the regulated person, county, or municipality that could be
reduced by the adoption of less costly alternatives that substantially accomplish the statutory objectives; or
The rule will require additional appropriations.
74
Upon examining a rule, JAPC may object to the rule.
75 If JAPC notifies an agency that a rule objection is under
consideration, the agency may postpone rule adoption to allow for review.
76 If the issue cannot be resolved at the
staff level, JAPC prepares a recommendation for formal objection to be presented to the committee in a public
forum. The agency is advised of the recommended objection and is invited before the committee to argue that the
rule is authorized.
77 If the committee concludes that there is no authority for the rule, it votes an objection.
78 If the
agency refuses to amend or repeal the rule, JAPC’s objection is referenced in a footnote to the rule in the Florida
Administrative Code.
79
Florida Administrative Code
adoption procedures with respect to small businesses; review agency rules that adversely or disproportionately impact
businesses, particularly those relating to small and minority businesses; and make recommendations on any existing or
proposed rules to alleviate unnecessary or disproportionate adverse effects to business. Each agency must cooperate fully
with the rules ombudsman in identifying such rules and take the necessary steps to waive, modify, or otherwise minimize the
adverse effects of any such rules. S. 288.7015, F.S.
70
S. 120.54(3)(b)2.b.(I), F.S.
71
S. 120.54(3)(b)2.b.(II), F.S.
72
S. 120.54(3)(b)2.b.(III), F.S.
73
Fla. Leg. J. Rule 4.6; see also s. 120.545, F.S.
74
S. 120.545(1), F.S.
75
S. 120.545(2), F.S.
76
Joint Administrative Procedures Committee, A Primer on Florida’s Administrative Procedure Act (2020) (last visited March
14, 2025); see also s. 120.545, F.S.
77
Id.
78
Id.
79
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
The FAC is an electronic compilation of all rules adopted by each agency and maintained by DOS.
80 DOS retains the
copyright over the FAC.
81 Each rule in the FAC must cite the grant of rulemaking authority and the specific law
implemented.
82 Rules applicable to only one school district, community college district, or county or state
university rules relating to internal personnel or business and finance are not required to be included in the FAC.
83
DOS is required to publish the following information at the beginning of each section of the code concerning an
agency:
The address and telephone number of the executive offices of the agency;
The manner by which the agency indexes its rules; and
A listing of all rules of that agency excluded from publication in the FAC and a statement as to where those
rules may be inspected.
84
DOS is required to adopt rules allowing adopted rules and materials incorporated by reference to be filed in
electronic form.
85 Further, DOS is required to prescribe by rule the style and form required for rules, notices, and
other materials submitted for filing in the FAC.
86 The rule DOS has adopted requires rules that are being amended
to be coded by underlining new text and by striking through deleted text.
87
Infrastructure and Environmental Permitting Review
Coastal Construction Permitting Processes
Coastal construction is regulated by the Department of Environmental Protection (DEP) in order to protect
Florida’s beaches and dunes from imprudent construction that may jeopardize the stability of Florida’s natural
resources.
88 The coastal construction control line (CCCL) defines the portion of the beach-dune system that is
subject to severe fluctuations caused by a 100-year storm surge, storm waves, or other forces such as wind, wave,
or water level changes.
89 Seaward of the CCCL, new construction and improvements to existing structures
generally require a CCCL permit from DEP.
90
Permit applicants must show the proposed project will not result in a significant adverse impact.
91 DEP makes 30-
year erosion projections of the location of the seasonal high-water line on a site-specific basis upon receipt of a
CCCL permit application.
92 With certain exceptions, DEP and local governments may not issue CCCL permits for the
construction of major structures that are seaward of the 30-year erosion projection.
93
For joint coastal permits, the Legislature does not require a detailed review of a previously permitted project if
there have been no substantial changes to the scope of the project and past performance shows the project
performed to design expectations.
94
Environmental Resource Permits
Current law regulates the construction, alteration, operation, maintenance, abandonment, and removal of
stormwater management systems, dams, impoundments, reservoirs, works, and appurtenant works.
95 DEP
regulates activities in, on, or over surface waters, as well as any activity that alters surface water flows, through
environmental resource permits (ERPs). ERPs are required for development or construction activities typically
80
S. 120.55(1)(a)1., F.S.
81
Id.
82
Id.
83
S. 120.55(1)(a)2., F.S.
84
S. 120.55(1)(a)3., F.S.
85
S. 120.55(1)(a)5., F.S.
86
S. 120.55(1)(c), F.S.
87
Rule 1-1.010(5)(a), F.A.C. referencing r. 1-1.011(3)(c), F.A.C.
88
S. 161.053(1)(a), F.S.
89
S. 161.053, F.S.; r. 62B-33.005(1), F.A.C.
90
S. 161.053, F.S.
91
R. 62B-33.005, F.A.C.
92
Id.
93
S. 161.053(5), F.S.
94
S. 161.041(8), F.S.
95
Ch. 373, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
12
involving the dredging or filling of surface waters, construction of flood protection facilities, building dams or
reservoirs, or any other activities that affect state waters.
96 A WMD or DEP may require an ERP and impose
reasonable conditions necessary to assure the construction or alteration of any water management system
97
complies with state law and applicable rules and will not be harmful to water resources.
98 Pursuant to specific
statutory authority,
99 DEP adopted a comprehensive chapter of rules governing the permitting process.
100
State Administered Federal Section 404 Dredge and Fill Permits
In 2018, Florida assumed responsibility under section 404 of the federal Clean Water Act
101 for dredge and fill
permitting.
102 DEP adopted rules implementing the assumption of the section 404 program.
103 The State 404
Program is responsible for overseeing permitting for any project proposing dredge or fill activities within state
assumed waters.
104
Permitting Process
Upon receiving an ERP permit application, DEP or the WMD evaluates the material to determine if the application
is complete.
105 If the application is incomplete, DEP or the WMD must request additional information within 30
days after receiving the application.
106 The rules of DEP allow an applicant 90 days to respond to such requests.
107
Within 30 days after receiving such additional information, DEP or the WMD must review the submittal.
108 Once
the application is complete, DEP or the WMD must decide whether to issue or deny an ERP within 60 days after
receiving the original application, the last item of timely request additional material, or the applicant’s written
request to begin processing the permit application.
109 Any application that DEP or the WMD does not approve or
deny within 60 days is considered approved by default.
110
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 HB 1279 Gregory DiCeglie Died in the House.
2023 CS/CS/CS/HB
713
McFarland Grall Died in the House.
2022 CS/CS/HB 337 McClain Diaz Died in the House.
2021 HB 65 Sabatini Diaz Died in the House.
2021 CS/HB 1145 McClain Albritton Died in the House.
96
See s. 373.413, F.S.
97
S. 373.403(10), F.S.
98
S. 373.413(1), F.S.
99
S. 373.4131, F.S.
100
Ch. 62-330, F.A.C.
101
33 U.S.C. s. 1251, et seq.
102
S. 373.4146, F.S.
103
See ch. 62-330, F.A.C.
104
Fl. Dept. of Environmental Protection, State 404 Program (last visited March 14, 2025).
105
DEP, Environmental Resource Permit Applicant’s Handbook Volume 1, AH 5.5.3, incorporated by reference in r. 62-
330.010(4), F.A.C. (October 1, 2013) available at: https://www.flrules.org/gateway/reference.asp?No=Ref-03174 (last visited
February 27, 2025).
106
S. 373.4141(1), F.S.
107
DEP, Environmental Resource Permit Applicant’s Handbook, Volume 1, AH 5.5.3.5, incorporated by reference in r. 62-
330.010(4), F.A.C. (October 1, 2013) available at: https://www.flrules.org/gateway/reference.asp?No=Ref-03174 (last visited
February 27, 2025).
108
S. 373.4141(1), F.S.
109
S. 373.4141(2), F.S. Most state licensure decisions must be made within 90 days. S. 120.60(1), F.S.
110
S. 120.60(1), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
13
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Government Operations
Subcommittee
Toliver Lines
Budget Committee
State Affairs Committee