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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to administrative procedures; amending 2
s. 120.52, F.S.; defining the term "technical change"; 3
amending s. 120.54, F.S.; requiring agencies to 4
publish a notice of rule development within a 5
specified timeframe; deleting a provision related to 6
the timeframe within which rules are required to be 7
drafted and formally proposed; prohibiting materials 8
from being incorporated by reference for certain rul es 9
reviewed after a specified date unless certain 10
conditions are met; prohibiting rules proposed after a 11
specified date from having materials incorporated by 12
reference unless certain conditions are met; requiring 13
agencies to use specific coding if they are updating 14
or making changes to certain documents incorporated by 15
reference; requiring a certain amount of days between 16
a notice of rule development and notice of proposed 17
rule; requiring that notices of rule development 18
contain certain information as well as incorporated 19
documents; requiring that a notice of rule development 20
contain a proposed rule number and specified 21
statements; revising the scope of public workshops to 22
include information gathered for the preparation of 23
statements of estimated regulatory costs; revising who 24
may challenge a proposed rule developed through 25
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negotiated rulemaking; revising the notices required 26
to be issued by agencies before the adoption, 27
amendment, or repeal of certain rules; requiring 28
certain information be included in the notices; 29
requiring a certain amount of days between a notice of 30
rule development and notice of proposed rule; 31
requiring that specified information be available for 32
public inspection; requiring that materials 33
incorporated by reference be made available in a 34
specified manner; requiring that certain notices be 35
delivered electronically to all persons who made 36
requests for such notice; requiring agencies to 37
publish a notice of correction for certain changes 38
within a specified timeframe; providing that notices 39
of correction do not affect certain timeframes; 40
requiring that technical changes be published as 41
notices of correction; requiring agencies to provide 42
copies of any offered regulatory alternatives to the 43
Administrative Procedures Committee before the agency 44
files a rule for adoption; revising the requirements 45
for the contents of a notice of change; requiring that 46
certain materials incorporated by reference be made 47
available in a specified manner; requiring the 48
department to publish a notice of withdrawal of th e 49
proposed rule under certain circumstances; requiring 50
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agencies to restart rulemaking following a notice of 51
withdrawal in certain circumstances; requiring that 52
certain rules be withdrawn if not ratified within the 53
legislative session immediately following the filing 54
for adoption; providing that agencies are authorized 55
to initiate rulemaking, or required to initiate 56
rulemaking under a specified circumstance, within a 57
specified timeframe of the adjournment of such 58
legislative session; reducing the number of c ertified 59
copies of a proposed rule that must be electronically 60
filed with the Department of State; authorizing 61
agencies to adopt emergency rules under specified 62
conditions; requiring that specified information be 63
published in the first available issue of t he Florida 64
Administrative Register and provided to the 65
Administrative Procedures Committee; providing that if 66
a proposed rule is not ratified within a specified 67
timeframe, the emergency rule expires; requiring that 68
the proposed rule be withdrawn in accorda nce with a 69
specified provision; requiring that notices of renewal 70
for emergency rules be published in the Florida 71
Administrative Register before expiration of the 72
existing emergency rule; requiring that such notices 73
contain specified information; requiring that a note 74
be added to a certain history note for certain 75
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emergency rules; requiring that emergency rules be 76
published in the Florida Administrative Code; 77
authorizing agencies to adopt emergency rules that 78
supersede other emergency rules; requiring that the 79
reason for such superseding rules be stated in 80
accordance with specified provisions; authorizing 81
agencies to make technical changes to emergency rules 82
within a specified timeframe; requiring that such 83
changes be published in the Florida Administrative 84
Register as a notice of correction; authorizing 85
agencies to repeal emergency rules by providing a 86
certain notice in the Florida Administrative Register; 87
requiring agencies to provide specified petitions to 88
the committee within a specified timeframe after 89
receipt; requiring agencies to provide a certain 90
notification to the committee within a specified 91
timeframe; reenacting and amending s. 120.541, F.S.; 92
providing that a proposal for a lower cost regulatory 93
alternative submitted after a notice of change is ma de 94
in good faith only if the proposal contains certain 95
statements; requiring agencies to provide a copy of 96
such proposals and responses thereto to the committee 97
within specified timeframes; prohibiting agencies from 98
filing a rule for adoption unless such d ocuments are 99
provided to the committee; requiring agencies to 100
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notify the committee within a specified timeframe that 101
a rule has been submitted for legislative 102
ratification; providing an exemption from legislative 103
ratification for emergency rules; providing 104
requirements for the calculation of estimated 105
regulatory costs; requiring the department to include 106
the agency website on which statements of estimated 107
regulatory costs can be viewed; requiring an agency to 108
take specified actions relating to statements of 109
estimated regulatory costs; creating s. 120.5435, 110
F.S.; defining the term "rule"; requiring agencies, by 111
a specified date and in coordination with the 112
committee, to review specified rules adopted before a 113
specified date; providing for future review and 114
repeal; requiring rules promulgated after a certain 115
date to be reviewed; requiring agencies to include a 116
list of existing rules and a schedule of rules they 117
plan to review each year in a certain regulatory plan; 118
authorizing agencies to amend such schedules u nder 119
specified circumstances but requiring that at least a 120
specified percentage of an agency's rules be reviewed 121
each year until completion of all reviews; requiring 122
agencies to make specified determinations during rule 123
review; providing that certain deter minations are not 124
subject to challenge as a proposed rule; requiring 125
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agencies to submit a certain report to the Legislature 126
annually by a specified date; requiring agencies to 127
take one of certain specified actions during rule 128
reviews by a specified date; p roviding requirements 129
for the agencies in connection with each of the 130
specified actions; requiring the committee to examine 131
agencies' rule review submissions; authorizing the 132
committee to request certain information from such 133
agencies; requiring that such review occur within a 134
specified timeframe under specified conditions; 135
requiring the committee to issue a certain 136
certification upon completion of examinations; 137
specifying circumstances under which rule review is 138
considered completed; requiring the departme nt to 139
publish a certain notice in the Florida Administrative 140
Register; amending s. 120.545, F.S.; requiring the 141
Joint Administrative Procedures Committee to review 142
each rule being reviewed; permitting the committee to 143
review certain material and documents; providing that 144
the committee may examine rules to determine if 145
certain unauthorized provisions are included; 146
amending s. 120.55, F.S.; revising the contents of the 147
Florida Administrative Code to conform to changes made 148
by the act; requiring, after a spec ified date, that 149
any material incorporated by reference be filed in a 150
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specified electronic format with the department; 151
requiring that the Florida Administrative Register 152
contain a certain list; requiring that the full text 153
of emergency rules be published; requiring that the 154
department prescribe coding for certain documents 155
incorporated by reference; amending s. 120.74, F.S.; 156
requiring that regulatory plans submitted by agencies 157
include certain schedules for rule review and certain 158
desired updates to such pl ans; requiring agencies to 159
take certain actions if the agencies have not 160
completed reviewing a rule; requiring agencies to 161
include information regarding the prior year's 162
licensing practices in their regulatory plan; 163
requiring the Joint Administrative Proce dures 164
Committee to submit a consolidated report of the 165
agency licensing data; requiring the Department of 166
State to publish a hyperlink to the licensing data 167
reports; deleting provisions related to deadlines for 168
rule development; deleting deadlines for publ ishing 169
proposed rules; deleting provisions requiring agencies 170
to file certain certifications with the committee; 171
authorizing agencies to correct a regulatory plan to 172
conclude affected rulemaking proceedings by 173
identifying certain rules; revising the timefr ames 174
within which agencies must publish certain notices; 175
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conforming provisions to changes made by the act ; 176
providing an effective date. 177
178
Be It Enacted by the Legislature of the State of Florida: 179
180
Section 1. Subsections (20), (21), and (22) of secti on 181
120.52, Florida Statutes, are renumbered as subsections (21), 182
(22), and (23), respectively, and a new subsection (20) is added 183
to that section, to read: 184
120.52 Definitions. —As used in this act: 185
(20) "Technical change" means a change limited to 186
correcting citations or grammatical, typographical, or similar 187
errors that do not affect the substance of the rule or a 188
statement of estimated regulatory cost . 189
Section 2. Subsection (5) is added to section 120.536, 190
Florida Statutes, to read: 191
120.536 Rulemaking authority; repeal; challenge. — 192
(5) Unless otherwise expressly authorized by law, a rule 193
may not include a provision whereby the entire rule, or a 194
provision thereof, automatically expires or is repealed on a 195
specific date or at the end of a specifie d period. 196
Section 3. Paragraphs (b) and (i) of subsection (1), 197
paragraphs (a), (c), and (d) of subsection (2), paragraphs (a), 198
(b), (d), and (e) of subsection (3), subsection (4), and 199
paragraph (a) of subsection (7) of section 120.54, Florida 200
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Statutes, are amended to read: 201
120.54 Rulemaking.— 202
(1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN 203
EMERGENCY RULES.— 204
(b) Whenever an act of the Legislature is enacted which 205
requires implementation of the act by rules of an agency within 206
the executive branch of state government, the agency must 207
publish a notice of rule development such rules shall be drafted 208
and formally proposed as provided in this section within 30 days 209
after the effective date of the act that requires rulemaking and 210
provides a grant of rulemaking authority the times provided in 211
s. 120.74(4) and (5) . 212
(i)1. A rule may incorporate material by reference but 213
only as the material exists on the date the rule is adopted. For 214
purposes of the rule, changes in the material are not effective 215
unless the rule is amended to incorporate the changes. 216
2. An agency rule that incorporates by specific reference 217
another rule of that agency automatically incorporates 218
subsequent amendments to the referenced rule unless a contrary 219
intent is clearly indic ated in the referencing rule. A notice of 220
amendments to a rule that has been incorporated by specific 221
reference in other rules of that agency must explain the effect 222
of those amendments on the referencing rules. 223
3. In rules adopted after December 31, 2010, or reviewed 224
pursuant to s. 120.5435, material may not be incorporated by 225
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reference unless: 226
a. The material has been submitted in the prescribed 227
electronic format to the Department of State and the full text 228
of the material can be made available for free public access 229
through an electronic hyperlink from the rule making the 230
reference in the Florida Administrative Code; or 231
b. The agency has determined that posting the material on 232
the Internet for purposes of p ublic examination and inspection 233
would constitute a violation of federal copyright law, in which 234
case a statement to that effect, along with the addresses 235
address of the locations at the Department of State and the 236
agency at which the material is available for public inspection 237
and examination, must be included in the notice required by 238
subparagraph (3)(a)1. 239
4. In rules proposed after July 1, 2025, material may not 240
be incorporated by reference unless: 241
a. The material has been submitted in the prescribed 242
electronic format to the Department of State and the full text 243
of the material, in a text -searchable format, can be made 244
available for free public access through an electronic hyperlink 245
from the rule making the reference in the Florida Administrative 246
Register; or 247
b. The agency has determined that posting the material on 248
the Internet for purposes of public examination and inspection 249
would constitute a violation of federal copyright law, in which 250
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case a statement to that effect, along with the addresses of the 251
locations at the Department of State and the agency at which the 252
material is available for public inspection and examination, 253
must be included in the notice required by subparagraph (3)(a)1. 254
5.4. A rule may not be amended by reference only. 255
Amendments must set out the amended rule in full in the same 256
manner as required by the State Constitution for laws. 257
6.5. Notwithstanding any contrary provision in this 258
section, when an adopted rule of the Department of Environmental 259
Protection or a water managem ent district is incorporated by 260
reference in the other agency's rule to implement a provision of 261
part IV of chapter 373, subsequent amendments to the rule are 262
not effective as to the incorporating rule unless the agency 263
incorporating by reference notifies the committee and the 264
Department of State of its intent to adopt the subsequent 265
amendment, publishes notice of such intent in the Florida 266
Administrative Register, and files with the Department of State 267
a copy of the amended rule incorporated by reference. Changes in 268
the rule incorporated by reference are effective as to the other 269
agency 20 days after the date of the published notice and filing 270
with the Department of State. The Department of State shall 271
amend the history note of the incorporating rule to sho w the 272
effective date of such change. Any substantially affected person 273
may, within 14 days after the date of publication of the notice 274
of intent in the Florida Administrative Register, file an 275
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objection to rulemaking with the agency. The objection must 276
shall specify the portions of the rule incorporated by reference 277
to which the person objects and the reasons for the objection. 278
The agency does shall not have the authority under this 279
subparagraph to adopt those portions of the rule specified in 280
such objection. The agency shall publish notice of the objection 281
and of its action in response in the next available issue of the 282
Florida Administrative Register. 283
7. If an agency updates or makes a change to a document 284
the agency created and which is incorporated by reference 285
pursuant to paragraph (3)(a) or subparagraph (3)(e)1., the 286
update or change must be coded by underlining new text and 287
striking through deleted text. 288
8.6. The Department of State may adopt by rule 289
requirements for incorporating materials pursuan t to this 290
paragraph. 291
(2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING. — 292
(a)1. Except when the intended action is the repeal of a 293
rule, agencies shall provide notice of the development of 294
proposed rules by publication of a notice of rule development in 295
the Florida Administrative Register at least 7 days before 296
providing notice of a proposed rule as required by paragraph 297
(3)(a). The notice of rule development must: 298
a. shall Indicate the subject area to be addressed by rule 299
development., 300
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b. Provide a short, plain explanation of the purpose and 301
effect of the proposed rule ., 302
c. Cite the grant of rulemaking authority for the proposed 303
rule and the law being implemented. specific legal authority for 304
the proposed rule, and 305
d. Include the proposed rule number and, if available, 306
either the preliminary text of the proposed rule and any 307
incorporated documents rules, if available, or a statement of 308
how a person may promptly obtain, without cost, a copy of any 309
preliminary draft of such rule or documents , if available. 310
2. A notice of a proposed rule must be published in the 311
Florida Administrative Register within 6 months after the most 312
recent notice of rule development, unless the Legislature 313
expressly provides a different date. 314
(c) An agency may hold public workshops for purposes of 315
rule development or information gathering for the prepa ration of 316
the statement of estimated regulatory costs . An agency must hold 317
public workshops, including workshops in various regions of the 318
state or the agency's service area, for purposes of rule 319
development if requested in writing by any affected person, 320
unless the agency head explains in writing why a workshop is 321
unnecessary. The explanation is not final agency action subject 322
to review pursuant to ss. 120.569 and 120.57. The failure to 323
provide the explanation when required may be a material error in 324
procedure pursuant to s. 120.56(1)(c). When a workshop or public 325
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hearing is held, the agency must ensure that the persons 326
responsible for preparing the proposed rule and the statement of 327
estimated regulatory costs, if applicable, are available to 328
explain the agency's proposal and to respond to questions or 329
comments regarding the rule being developed. The workshop may be 330
facilitated or mediated by a neutral third person, or the agency 331
may employ other types of dispute resolution alternatives for 332
the workshop that are appropriate for rule development. Notice 333
of a workshop for rule development or for information gathering 334
for the preparation of a statement of estimated regulatory costs 335
must workshop shall be by publication in the Florida 336
Administrative Register not less than 14 days before prior to 337
the date on which the workshop is scheduled to be held and must 338
shall indicate the subject area that which will be addressed; 339
the agency contact person; and the place, date, and time of the 340
workshop. 341
(d)1. An agency may use negotiated rulemaking in 342
developing and adopting rules. The agency should consider the 343
use of negotiated rulemaking when complex rules are being 344
drafted or strong opposition to the rules is anticipated. The 345
agency should consider, but is not limited to considering, 346
whether a balanced committee of interested persons who will 347
negotiate in good faith can be assembled, whether the agency is 348
willing to support the work of the negotiating committee, and 349
whether the agency can use the group consensus as the ba sis for 350
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its proposed rule. Negotiated rulemaking uses a committee of 351
designated representatives to draft a mutually acceptable 352
proposed rule. 353
2. An agency that chooses to use the negotiated rulemaking 354
process described in this paragraph shall publish in the Florida 355
Administrative Register a notice of negotiated rulemaking that 356
includes a listing of the representative groups that will be 357
invited to participate in the negotiated rulemaking process. Any 358
person who believes that his or her interest is not ade quately 359
represented may apply to participate within 30 days after 360
publication of the notice. All meetings of the negotiating 361
committee must shall be noticed and open to the public pursuant 362
to the provisions of this chapter. The negotiating committee 363
shall be chaired by a neutral facilitator or mediator. 364
3. The agency's decision to use negotiated rulemaking, its 365
selection of the representative groups, and approval or denial 366
of an application to participate in the negotiated rulemaking 367
process are not agenc y action. Nothing in This subparagraph is 368
not intended to affect the rights of a substantially an affected 369
person to challenge a proposed rule developed under this 370
paragraph in accordance with s. 120.56(2). 371
(3) ADOPTION PROCEDURES. — 372
(a) Notices.— 373
1. Before Prior to the adoption, amendment, or repeal of 374
any rule other than an emergency rule, an agency shall, upon 375
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approval of the agency head, shall give notice of its intended 376
action, setting forth a short, plain explanation of the purpose 377
and effect of the proposed action; the proposed rule number; the 378
full text of the proposed rule or amendment and a summary 379
thereof; a reference to the grant of rulemaking authority 380
pursuant to which the rule is adopted; and a reference to the 381
section or subsection of th e Florida Statutes or the Laws of 382
Florida being implemented or interpreted ; and the name, e-mail 383
address, and telephone number of the agency employee who may be 384
contacted regarding the intended action . The notice must include 385
a concise summary of the agenc y's statement of the estimated 386
regulatory costs, if one has been prepared, based on the factors 387
set forth in s. 120.541(2) that describes the regulatory impact 388
of the rule in readable language; an agency website address 389
where the statement of estimated reg ulatory costs can be viewed 390
in its entirety, if one has been prepared ; a statement that any 391
person who wishes to provide the agency with information 392
regarding the statement of estimated regulatory costs, or to 393
provide a proposal for a lower cost regulatory alternative as 394
provided by s. 120.541(1), must do so in writing with in 21 days 395
after publication of the notice; and a statement as to whether, 396
based on the statement of the estimated regulatory costs or 397
other information expressly relied upon and described by the 398
agency if no statement of regulatory costs is required, the 399
proposed rule is expected to require legislative ratification 400
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pursuant to s. 120.541(3). The notice must state the procedure 401
for requesting a public hearing on the proposed rule. Except 402
when the intended action is the repeal of a rule, the notice 403
must include a reference both to the date on which and to the 404
place where the notice of rule development that is required by 405
subsection (2) appeared. 406
2. The notice must shall be published in the Florida 407
Administrative Register at least 7 days after the notice of rule 408
development and at least not less than 28 days before prior to 409
the intended action. The proposed rule , including all material 410
proposed to be incorporated by reference, must shall be 411
available for inspection and copying by the public at the time 412
of the publication of notice. Material proposed to be 413
incorporated by reference in the notice must be made available 414
in the manner prescribed by sub -subparagraph (1)(i)3.a. or sub -415
subparagraph (1)(i)3.b. 416
3. The notice must shall be mailed or delivered 417
electronically to all persons named in the proposed rule and 418
mailed or delivered electronically to all persons who, at least 419
14 days before publication of the notice prior to such mailing , 420
have made requests of the agency for advance notice of its 421
proceedings. The agency shall also give such notice as is 422
prescribed by rule to those particular classes of persons to 423
whom the intended action is directed. 424
4. The adopting agency shall file with the committee, at 425
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least 21 days before prior to the proposed adoption date , a copy 426
of each rule it proposes to adopt; a copy of any material 427
incorporated by reference in the rule; a detailed written 428
statement of the facts and circumstances justifying the proposed 429
rule; a copy of any statement of estimated regulatory costs that 430
has been prepared pursuant to s. 120.541; a statement of the 431
extent to which the proposed rule relates to federal standards 432
or rules on the same subject; and the notice required by 433
subparagraph 1. 434
5. If any of the information, other than substantive 435
changes to the rule text, that is required to be included in the 436
notice under subparagraph 1. is omitted or is incorrect, the 437
agency must publish a notice of correction in the Florida 438
Administrative Register at least 7 days before the intended 439
agency action. The publication of a notice of correction does 440
not affect the timeframes for filing the rule for adoption as 441
set forth in paragraph (e). Technical changes must be published 442
as a notice of correction. 443
(b) Special matters to be considered in rule adoption .— 444
1. Statement of estimated regulatory costs. —Before the 445
adoption, amendment, or repeal of any rule , other than an 446
emergency rule, an agency is encouraged to prepare a statement 447
of estimated regulatory costs of the proposed rule, as provided 448
by s. 120.541. However, an agency must prepare a statement of 449
estimated regulatory costs of the proposed rule, as provided by 450
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s. 120.541, if: 451
a. The proposed rule will have an adverse impact on small 452
business; or 453
b. The proposed rule is likely to directly or indirec tly 454
increase regulatory costs in excess of $200,000 in the aggregate 455
in this state within 1 year after the implementation of the 456
rule. 457
458
The agency must make available any information created or used 459
by the agency in determining whether a proposed rule meet s the 460
factors listed in sub -subparagraphs a. and b. and such 461
information shall be a part of the rulemaking record. 462
2. Small businesses, small counties, and small cities. — 463
a. Each agency, before the adoption, amendment, or repeal 464
of a rule, shall consid er the impact of the rule on small 465
businesses as defined by s. 288.703 and the impact of the rule 466
on small counties or small cities as defined by s. 120.52. 467
Whenever practicable, an agency shall tier its rules to reduce 468
disproportionate impacts on small bu sinesses, small counties, or 469
small cities to avoid regulating small businesses, small 470
counties, or small cities that do not contribute significantly 471
to the problem the rule is designed to address. An agency may 472
define "small business" to include businesses employing more 473
than 200 persons, may define "small county" to include those 474
with populations of more than 75,000, and may define "small 475
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city" to include those with populations of more than 10,000, if 476
it finds that such a definition is necessary to adapt a rule to 477
the needs and problems of small businesses, small counties, or 478
small cities. The agency shall consider each of the following 479
methods for reducing the impact of the proposed rule on small 480
businesses, small counties, and small cities, or any combina tion 481
of these entities: 482
(I) Establishing less stringent compliance or reporting 483
requirements in the rule. 484
(II) Establishing less stringent schedules or deadlines in 485
the rule for compliance or reporting requirements. 486
(III) Consolidating or simplifying the rule's compliance 487
or reporting requirements. 488
(IV) Establishing performance standards or best management 489
practices to replace design or operational standards in the 490
rule. 491
(V) Exempting small businesses, small counties, or small 492
cities from any or a ll requirements of the rule. 493
b.(I) If the agency determines that the proposed action 494
will affect small businesses as defined by the agency as 495
provided in sub-subparagraph a., the agency shall send written 496
notice of the rule to the rules ombudsman in the Executive 497
Office of the Governor at least 28 days before the intended 498
action. 499
(II) Each agency shall adopt those regulatory alternatives 500
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offered by the rules ombudsman in the Executive Office of the 501
Governor and provided to the agency no later than 21 da ys after 502
the rules ombudsman's receipt of the written notice of the rule 503
which it finds are feasible and consistent with the stated 504
objectives of the proposed rule and which would reduce the 505
impact on small businesses. When regulatory alternatives are 506
offered by the rules ombudsman in the Executive Office of the 507
Governor, the 90-day period for filing the rule in subparagraph 508
(e)2. is extended for a period of 21 days. An agency shall 509
provide the committee a copy of any regulatory alternative 510
offered to the agency within 7 days after its delivery to the 511
agency. The agency may not file a rule for adoption before such 512
regulatory alternative, if applicable, has been provided to the 513
committee. 514
(III) If an agency does not adopt all alternatives offered 515
pursuant to this sub-subparagraph, it must shall, before rule 516
adoption or amendment and pursuant to subparagraph (d)1., file a 517
detailed written statement with the committee explaining the 518
reasons for failure to adopt such alternatives. Within 3 working 519
days after the filing of such notice, the agency shall send a 520
copy of such notice to the rules ombudsman in the Executive 521
Office of the Governor. 522
(d) Modification or withdrawal of proposed rules .— 523
1. After the final public hearing on the proposed rule, or 524
after the time for requesting a hearing has expired, if the 525
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proposed rule has not been changed from the rule as previously 526
filed with the committee, or contains only technical changes, 527
the adopting agency must shall file a notice to that effect with 528
the committee at least 7 days before prior to filing the 529
proposed rule for adoption. Any change, other than a technical 530
change that does not affect the substance of the rule , must be 531
supported by the record of public hearings held on the proposed 532
rule, must be in respon se to written material submitted to the 533
agency within 21 days after the date of publication of the 534
notice of intended agency action or submitted to the agency 535
between the date of publication of the notice and the end of the 536
final public hearing, or must be in response to a proposed 537
objection by the committee. Any change, other than a technical 538
change, to a statement of estimated regulatory costs requires a 539
notice of change. In addition, when any change, other than a 540
technical change, to is made in a proposed rule text or any 541
material incorporated by reference requires , other than a 542
technical change, the adopting agency to shall provide a copy of 543
a notice of change by certified mail or actual delivery to any 544
person who requests it in writing no later than 21 days after 545
the notice required in paragraph (a). The agency shall file the 546
notice of change with the committee, along with the reasons for 547
the change, and provide the notice of change to persons 548
requesting it, at least 21 days before prior to filing the rule 549
for adoption. The notice of change must shall be published in 550
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the Florida Administrative Register at least 21 days before 551
prior to filing the proposed rule for adoption. The notice of 552
change must include a summary of any revision to the statement 553
of estimated regulatory costs required by s. 120.541(1)(c). This 554
subparagraph does not apply to emergency rules adopted pursuant 555
to subsection (4). Material proposed to be incorporated by 556
reference in the notice of change must be made available in the 557
manner prescribed by sub -subparagraph (1)(i)3.a. or sub -558
subparagraph (1)(i)3.b. and include a summary of substantive 559
revisions to any material proposed to be incorporated by 560
reference in the proposed rule. 561
2. After the notice required by paragraph (a) and before 562
prior to adoption, the agency may withdraw the proposed rule in 563
whole or in part. 564
3. After the notice required by paragrap h (a), the agency 565
must withdraw the proposed rule if the agency has failed to 566
adopt it within the prescribed timeframes in this chapter. If 567
the agency, 30 days after notice by the committee that the 568
agency has failed to adopt the proposed rule within the 569
prescribed timeframes in this chapter, has not given notice of 570
the withdrawal of the proposed rule, the committee must notify 571
the Department of State that the date for adoption of the rule 572
has expired, and the Department of State must publish a notice 573
of withdrawal of the proposed rule. Within 30 days after the 574
withdrawal, the agency must initiate rulemaking again by 575
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publishing the notice required by s. 120.54(3)(a), if the 576
mandatory grant of rulemaking authority the agency relied upon 577
as authority to pursue the original rule action is still in 578
effect at the time of the original rule's withdrawal. 579
4.3. After adoption and before the rule becomes effective, 580
a rule may be modified or withdrawn only in the following 581
circumstances: 582
a. When the committee object s to the rule; 583
b. When a final order, which is not subject to further 584
appeal, is entered in a rule challenge brought pursuant to s. 585
120.56 after the date of adoption but before the rule becomes 586
effective pursuant to subparagraph (e)6.; 587
c. If the rule requires ratification, when more than 90 588
days have passed since the rule was filed for adoption without 589
the Legislature does not ratify ratifying the rule by the 590
adjournment sine die of the regular session immediately 591
following the timely filing for adoptio n of the rule, in which 592
case the rule must may be withdrawn, and within 90 days after 593
adjournment sine die, the agency: 594
(I) May initiate rulemaking again by publishing the notice 595
required by s. 120.54(3)(a); or 596
(II) Must initiate rulemaking again by pu blishing the 597
notice required by s. 120.54(3)(a), if the mandatory grant of 598
rulemaking authority the agency relied upon as authority to 599
pursue the original rule action is still in effect at the time 600
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of the original rule's withdrawal but may not be modified ; or 601
d. When the committee notifies the agency that an 602
objection to the rule is being considered, in which case the 603
rule may be modified to extend the effective date by not more 604
than 60 days. 605
5.4. The agency shall give notice of its decision to 606
withdraw or modify a rule in the first available issue of the 607
publication in which the original notice of rulemaking was 608
published, shall notify those persons described in subparagraph 609
(a)3. in accordance with the requirements of that subparagraph, 610
and must shall notify the Department of State if the rule is 611
required to be filed with the Department of State. 612
6.5. After a rule has become effective, it may be repealed 613
or amended only through the rulemaking procedures specified in 614
this chapter. 615
(e) Filing for fina l adoption; effective date. — 616
1. If the adopting agency is required to publish its rules 617
in the Florida Administrative Code, the agency, upon approval of 618
the agency head, must electronically shall file with the 619
Department of State a three certified copy copies of the rule it 620
proposes to adopt; one copy of any material incorporated by 621
reference in the rule, certified by the agency; a summary of the 622
rule; a summary of any hearings held on the rule; and a detailed 623
written statement of the facts and circumsta nces justifying the 624
rule. Agencies not required to publish their rules in the 625
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Florida Administrative Code shall file one certified copy of the 626
proposed rule, and the other material required by this 627
subparagraph, in the office of the agency head, and such r ules 628
must shall be open to the public. 629
2. A rule may not be filed for adoption less than 28 days 630
or more than 90 days after the notice required by paragraph (a), 631
until 21 days after the notice of change required by paragraph 632
(d), until 14 days after the final public hearing, until 21 days 633
after a statement of estimated regulatory costs required under 634
s. 120.541 has been provided to all persons who submitted a 635
lower cost regulatory alternative and made available to the 636
public, or until the administrative l aw judge has rendered a 637
decision under s. 120.56(2), whichever applies. When a required 638
notice of change is published before prior to the expiration of 639
the time to file the rule for adoption, the period during which 640
a rule must be filed for adoption is ext ended to 45 days after 641
the date of publication. If notice of a public hearing is 642
published before prior to the expiration of the time to file the 643
rule for adoption, the period during which a rule must be filed 644
for adoption is extended to 45 days after adjo urnment of the 645
final hearing on the rule, 21 days after receipt of all material 646
authorized to be submitted at the hearing, or 21 days after 647
receipt of the transcript, if one is made, whichever is latest. 648
The term "public hearing" includes any public meetin g held by 649
any agency at which the rule is considered. If a petition for an 650
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administrative determination under s. 120.56(2) is filed, the 651
period during which a rule must be filed for adoption is 652
extended to 60 days after the administrative law judge files t he 653
final order with the clerk or until 60 days after subsequent 654
judicial review is complete. 655
3. At the time a rule is filed, the agency shall certify 656
that the time limitations prescribed by this paragraph have been 657
complied with, that all statutory rulem aking requirements have 658
been met, and that there is no administrative determination 659
pending on the rule. 660
4. At the time a rule is filed, the committee shall 661
certify whether the agency has responded in writing to all 662
material and timely written comments o r written inquiries made 663
on behalf of the committee. The department shall reject any rule 664
that is not filed within the prescribed time limits; that does 665
not comply with all statutory rulemaking requirements and rules 666
of the department; upon which an agency has not responded in 667
writing to all material and timely written inquiries or written 668
comments; upon which an administrative determination is pending; 669
or which does not include a statement of estimated regulatory 670
costs, if required. 671
5. If a rule has not been adopted within the time limits 672
imposed by this paragraph or has not been adopted in compliance 673
with all statutory rulemaking requirements, the agency proposing 674
the rule must shall withdraw the rule and give notice of its 675
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action in the next available i ssue of the Florida Administrative 676
Register. 677
6. The proposed rule is shall be adopted upon on being 678
filed with the Department of State and becomes become effective 679
20 days after being filed, on a later date specified in the 680
notice required by subparagraph (a)1., on a date required by 681
statute, or upon ratification by the Legislature pursuant to s. 682
120.541(3). Rules not required to be filed with the Departme nt 683
of State shall become effective when adopted by the agency head, 684
on a later date specified by rule or statute, or upon 685
ratification by the Legislature pursuant to s. 120.541(3). If 686
the committee notifies an agency that an objection to a rule is 687
being considered, the agency may postpone the adoption of the 688
rule to accommodate review of the rule by the committee. When an 689
agency postpones adoption of a rule to accommodate review by the 690
committee, the 90-day period for filing the rule is tolled until 691
the committee notifies the agency that it has completed its 692
review of the rule. 693
694
For the purposes of this paragraph, the term "administrative 695
determination" does not include subsequent judicial review. 696
(4) EMERGENCY RULES. — 697
(a) If an agency finds that an imme diate danger to the 698
public health, safety, or welfare requires emergency action, or 699
if the Legislature authorizes the agency to adopt emergency 700
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rules and finds that all conditions specified in this paragraph 701
are met, the agency may, within the authority gr anted to the 702
agency under the State Constitution or delegated to it by the 703
Legislature, adopt any rule necessitated by the immediate danger 704
or legislative finding . The agency may adopt a rule by any 705
procedure which is fair under the circumstances if: 706
1. The procedure provides at least the procedural 707
protection given by other statutes, the State Constitution, or 708
the United States Constitution. 709
2. The agency takes only that action necessary to protect 710
the public interest under the emergency procedure. 711
3. The agency publishes in writing at the time of, or 712
prior to, its action the specific facts and reasons for finding 713
an immediate danger to the public health, safety, or welfare and 714
its reasons for concluding that the procedure used is fair under 715
the circumstances. In any event, notice of emergency rules, 716
other than those of educational units or units of government 717
with jurisdiction in only one or a part of one county, including 718
the full text of the rules and the agency's findings of 719
immediate danger, neces sity, and procedural fairness or a 720
citation to the grant of emergency rulemaking authority , must 721
shall be published in the first available issue of the Florida 722
Administrative Register and provided to the committee along with 723
any material incorporated by re ference in the rules. The 724
agency's findings of immediate danger, necessity, and procedural 725
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fairness are shall be judicially reviewable. 726
(b) Rules pertaining to the public health, safety, or 727
welfare must shall include rules pertaining to perishable 728
agricultural commodities or rules pertaining to the 729
interpretation and implementation of the requirements of 730
chapters 97-102 and chapter 105 of the Election Code. 731
(c)1. An emergency rule adopted under this subsection may 732
shall not be effective for a period lon ger than 90 days and may 733
shall not be renewable, except when the agency has initiated 734
rulemaking to adopt rules addressing the subject of the 735
emergency rule and either: 736
a.1. A challenge to the proposed rules has been filed and 737
remains pending; or 738
b.2. The proposed rules are awaiting ratification by the 739
Legislature pursuant to s. 120.541(3). If the proposed rule is 740
not ratified during the next regular legislative session, the 741
emergency rule shall expire at adjournment sine die of that 742
regular legislative session. The proposed rule must be withdrawn 743
from ratification in accordance with s. 120.54(3)(d). 744
2. Nothing in This paragraph does not prohibit prohibits 745
the agency from adopting a rule or rules identical to the 746
emergency rule through the rulemaking p rocedures specified in 747
subsection (3). 748
(d) Notice of the renewal of an emergency rule must be 749
published in the Florida Administrative Register before the 750
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expiration of the existing emergency rule. The notice of renewal 751
must state the specific facts and r easons for such renewal. 752
(e) For emergency rules with an effective period greater 753
than 90 days which are intended to replace existing rules, a 754
note must be added to the history note of the existing rule 755
which specifically identifies the emergency rule th at is 756
intended to supersede the existing rule and includes the date 757
that the emergency rule was filed with the Department of State. 758
(f) Emergency rules must be published in the Florida 759
Administrative Code. 760
(g) An agency may supersede an emergency rule in effect 761
through adoption of another emergency rule before the superseded 762
rule expires. The reason for adopting the superseding rule must 763
be stated in accordance with the procedures set forth in 764
paragraph (a). The superseding rule may not be in effect lon ger 765
than the duration of the effective period of the superseded 766
rule. 767
(h) An agency may make technical changes to an emergency 768
rule within the first 7 days after the rule is adopted, and such 769
changes must be published in the Florida Administrative Regist er 770
as a notice of correction. 771
(i)(d) Subject to applicable constitutional and statutory 772
provisions, an emergency rule becomes effective immediately on 773
filing, or on a date less than 20 days thereafter if specified 774
in the rule, if the adopting agency find s that such effective 775
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date is necessary because of immediate danger to the public 776
health, safety, or welfare. 777
(j) An agency may repeal an emergency rule before it 778
expires by providing notice of its intended action in the 779
Florida Administrative Register. The notice must include the 780
full text of the emergency rule and a summary thereof; if 781
applicable, a reference to the rule number; and a short, plain 782
explanation as to why the conditions specified in accordance 783
with paragraph (a) no longer require the emerg ency rule. 784
(7) PETITION TO INITIATE RULEMAKING. — 785
(a) Any person regulated by an agency or having 786
substantial interest in an agency rule may petition an agency to 787
adopt, amend, or repeal a rule or to provide the minimum public 788
information required by th is chapter. The petition must shall 789
specify the proposed rule and action requested. The agency shall 790
provide to the committee a copy of the petition within 7 days 791
after its receipt. No Not later than 30 calendar days following 792
the date of filing a petition, the agency shall initiate 793
rulemaking proceedings under this chapter, otherwise comply with 794
the requested action, or deny the petition with a written 795
statement of its reasons for the deni al. The agency shall notify 796
the committee of its intended action or response within 7 days. 797
Section 4. Subsections (1) and (3) of section 120.541, 798
Florida Statutes, are amended, paragraph (d) is added to 799
subsection (4), and new subsections (6) and (7) are added to 800
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that section, to read: 801
120.541 Statement of estimated regulatory costs. — 802
(1)(a) Within 21 days after publication of the notice 803
required under s. 120.54(3)(a), a substantially affected person 804
may submit to an agency a good faith written proposal for a 805
lower cost regulatory alternative to a proposed rule which 806
substantially accomplishes the objectives of the law being 807
implemented. The proposal may include the alternative of not 808
adopting any rule if the proposal explains how the lower costs 809
and objectives of the law will be achieved by not adopting any 810
rule. If submitted after a n otice of change, a proposal for a 811
lower cost regulatory alternative is deemed to be made in good 812
faith only if the person reasonably believes, and the proposal 813
states the person's reasons for believing that the proposed 814
rule, as changed by the notice of ch ange, increases the 815
regulatory costs or creates an adverse impact on small 816
businesses which was not created by the previously proposed 817
rule. If such a proposal is submitted, the 90 -day period for 818
filing the rule is extended 21 days. Upon the submission of the 819
lower cost regulatory alternative, the agency shall prepare a 820
statement of estimated regulatory costs as provided in 821
subsection (2), or shall revise its prior statement of estimated 822
regulatory costs, and either adopt the alternative or provide a 823
statement of the reasons for rejecting the alternative in favor 824
of the proposed rule. The agency shall provide to the committee, 825
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within 7 days after its receipt, a copy of any proposal for a 826
lower cost regulatory alternative, and within 7 days after its 827
release, a copy of the agency's response thereto. The agency may 828
not file a rule for adoption before such documents, if 829
applicable, have been provided to the committee. 830
(3) If the adverse impact or regulatory costs of the rule 831
exceed any of the criteria establis hed in paragraph (2)(a), the 832
rule must shall be submitted to the President of the Senate and 833
Speaker of the House of Representatives no later than 30 days 834
before prior to the next regular legislative session, and the 835
rule may not take effect until it is ra tified by the 836
Legislature. The agency shall notify the committee of its 837
submission of the rule to the Legislature for ratification 838
within 3 business days after submittal. 839
(4) Subsection (3) does not apply to the adoption of: 840
(d) Emergency rules adopted pursuant to s. 120.54(4). 841
(6)(a) In evaluating the impacts described in paragraphs 842
(2)(a) and (e), an agency shall include market impacts likely to 843
result from compliance with the proposed rule, including: 844
1. Increased customer charges for goods or se rvices. 845
2. Decreased market value of goods or services produced, 846
provided, or sold. 847
3. Increased costs resulting from the purchase of 848
substitute or alternative goods or services. 849
4. The reasonable value of time to be spent by owners, 850
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officers, operators, and managers to understand and comply with 851
the proposed rule, including, but not limited to, time to be 852
spent completing required education, training, or testing. 853
5. Capital costs. 854
6. Any other impacts suggested by the rules ombudsman in 855
the Executive Office of the Governor or by any interested 856
persons. 857
(b) In estimating the information required in paragraphs 858
(2)(b)-(e), the agency may use surveys of individuals, 859
businesses, business organizations, counties, and municipalities 860
to collect data helpful to estimate the costs and impacts. 861
(c) In estimating compliance costs under paragraph (2)(d), 862
the agency shall consider costs necessary to comply with the 863
proposed rule which are readily ascertainable based upon 864
standard business practices, includin g, but not limited to, 865
costs related to: 866
1. Filing fees. 867
2. Expenses to obtain a license. 868
3. Necessary equipment. 869
4. Installation, utilities for, and maintenance of 870
necessary equipment. 871
5. Necessary operations and procedures. 872
6. Accounting, financial, information management, and 873
other administrative processes. 874
7. Labor based on relevant rates of wages, salaries, and 875
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benefits. 876
8. Materials and supplies. 877
9. Capital expenditures, including financing costs. 878
10. Professional and technical ser vices, including 879
contracted services necessary to implement and maintain 880
compliance. 881
11. Monitoring and reporting. 882
12. Qualifying and recurring education, training, and 883
testing. 884
13. Travel. 885
14. Insurance and surety requirements. 886
15. A fair and reasonable allocation of administrative 887
costs and other overhead. 888
16. Reduced sales or other revenues. 889
17. Other items suggested by the rules ombudsman in the 890
Executive Office of the Governor or by any interested person, 891
business organization, or business representative. 892
(7)(a) The Department of State shall include on the 893
Florida Administrative Register website the agency website 894
addresses where statements of estimated regulatory costs can be 895
viewed in their entirety. 896
(b) An agency that prepare s a statement of estimated 897
regulatory costs must provide, as part of the notice required 898
under s. 120.54(3)(a), the agency website address where the 899
statement of estimated regulatory costs can be read in its 900
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entirety to the Department of State for publicat ion in the 901
Florida Administrative Register. 902
(c) If an agency revises its statement of estimated 903
regulatory costs, the agency must provide notice that a revision 904
has been made in the manner provided under s. 120.54(3)(d)1. 905
Such notice must also include th e agency website address where 906
the revision can be viewed in its entirety. 907
Section 5. Section 120.5435, Florida Statutes, is created 908
to read: 909
120.5435 Agency review of rules. — 910
(1) For the purposes of this section, the term "rule" 911
means the rule number assigned by the Department of State. 912
(2)(a) By July 1, 2030, each agency, in coordination with 913
the committee, shall review all existing rules adopted by the 914
agency before July 1, 2025, in accordance with this section. 915
(b) Beginning October 1, 20 25, each agency shall include a 916
list of its existing rules in its annual regulatory plan, 917
prepared and submitted pursuant to s. 120.74. The agency shall 918
include a schedule of the rules it will review each year during 919
the 5-year rule review period. The agen cy may amend its yearly 920
schedule in subsequent regulatory plans, but must provide for 921
the completed review of at least 20 percent of the agency's 922
rules per year, until all of its subject rules have been 923
reviewed. 924
(c) This subsection stands repealed July 1, 2032. 925
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(3) Any rule initially adopted after July 1, 2025, must be 926
reviewed in accordance with this section in the fifth year 927
following adoption. Such review must be completed before the day 928
that marks the sixth year since the adoption of the rule. 929
(4) The agency rule review must determine whether each 930
rule: 931
(a) Is a valid exercise of delegated legislative 932
authority; 933
(b) Has current statutory authority; 934
(c) Reiterates or paraphrases statutory material; 935
(d) Is in proper form; 936
(e) Is consistent with expressed legislative intent 937
pertaining to the specific provisions of law which the rule 938
implements; 939
(f) Requires a technical or substantive update to reflect 940
current use; and 941
(g) Requires updated references to statutory citations and 942
incorporated materials. 943
(5) By January 1 of each year, the agency shall submit a 944
report to the President of the Senate, the Speaker of the House 945
of Representatives, and the committee that summarizes the 946
agency's intended action on each rule under review during the 947
current fiscal year. 948
(6) The agency shall take one of the following actions 949
during its rule review: 950
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(a) Make no change to the rule. If the agency determines 951
that no change is necessary, the agency must submit with the 952
committee by April 1 a copy of the reviewed rule, a written 953
statement of its intended action, and its assessment of factors 954
specified in subsection (4). This determination is not subject 955
to a challenge as a proposed rule pursuant to s. 120.56(2). 956
(b) Make a technical change to the rule. If the agency 957
determines that one or more technical changes are necessary, the 958
agency must submit with the committee by April 1 a copy of the 959
reviewed rule and the recommended technical change or changes 960
coded by underlining new text and striking through d eleted text, 961
a written statement of its intended action, its assessment of 962
the factors specified in subsection (4), and the facts and 963
circumstances justifying the technical change or changes to the 964
reviewed rule. This determination is not subject to a chal lenge 965
as a proposed rule pursuant to s. 120.56(2). 966
(c) Make a substantive change to the rule. If the agency 967
determines that the rule requires a substantive change, the 968
agency must make all changes, including any technical change, to 969
the rule in accordanc e with this chapter. The agency shall 970
publish a notice of rule development in the Florida 971
Administrative Register by April 1. The agency shall also submit 972
with the committee by April 1 a copy of the reviewed rule and 973
the recommended change or changes coded by underlining new text 974
and striking through deleted text, a written statement of its 975
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intended action, and its assessment of factors specified in 976
subsection (4). This submission to the committee does not 977
constitute a notice of rule development as contempl ated by s. 978
120.54(2)(a) and is not required to be in the same form as the 979
rule that will be proposed by the agency. 980
(d) Repeal the rule. If an agency determines that the rule 981
should be repealed, the agency must repeal the rule in 982
accordance with this cha pter and publish the required notice in 983
the Florida Administrative Register by April 1. The agency shall 984
also submit with the committee by April 1 a written statement of 985
its intended action and its assessment of factors specified in 986
subsection (4). This su bmission to the committee does not 987
constitute a notice of proposed rule as contemplated by s. 988
120.54(3)(a). 989
(7)(a) By July 1, the committee shall examine each 990
agency's rule review submissions. The committee may request from 991
an agency any information that is reasonably necessary for 992
examination of a rule as required by subsections (2) and (3). 993
(b) If the agency recommends no change or a technical 994
change to a rule, the committee must certify whether the agency 995
has responded in writing to all material and timely written 996
comments or inquiries made on behalf of the committee. 997
(8) The rule review is completed upon: 998
(a) The agency, upon approval of the agency head or his or 999
her designee, electronically filing a certified copy of the 1000
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reviewed rule to which no changes or only technical changes were 1001
made, and the committee's certification granted pursuant to 1002
subsection (7), with the Department of State; or 1003
(b) The agency, for a reviewed rule subject to substantive 1004
change or repeal, timely filing the appropriate notice pursuant 1005
to s. 120.54. 1006
(9) The Department of State shall publish in the Florida 1007
Administrative Register a notice of the completed rule review 1008
and shall update the history note of the rule in the Florida 1009
Administrative Code to reflect t he date of completion, if 1010
applicable. 1011
Section 6. Subsection (1) of section 120.545, Florida 1012
Statutes, is amended to read: 1013
120.545 Committee review of agency rules. — 1014
(1) As a legislative check on legislatively created 1015
authority, the committee shall examine each proposed rule, 1016
except for those proposed rules exempted by s. 120.81(1)(e) and 1017
(2), and its accompanying material, and each emergency rule, 1018
each rule reviewed under s. 120.5435, and may examine any 1019
existing rule, and any accompanying material or associated 1020
documents used to interpret a proposed or existing rule, for the 1021
purpose of determining whether: 1022
(a) The rule is an invalid exercise of delegated 1023
legislative authority. 1024
(b) The statutory authority for the rule has been 1025
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repealed. 1026
(c) The rule reiterates or paraphrases statutory material. 1027
(d) The rule is in proper form. 1028
(e) The notice given before prior to its adoption was 1029
sufficient to give adequate notice of the purpose and effect of 1030
the rule. 1031
(f) The rule is consistent with expres sed legislative 1032
intent pertaining to the specific provisions of law which the 1033
rule implements. 1034
(g) The rule is necessary to accomplish the apparent or 1035
expressed objectives of the specific provision of law which the 1036
rule implements. 1037
(h) The rule is a re asonable implementation of the law as 1038
it affects the convenience of the general public or persons 1039
particularly affected by the rule. 1040
(i) The rule could be made less complex or more easily 1041
comprehensible to the general public. 1042
(j) The rule's statement o f estimated regulatory costs 1043
complies with the requirements of s. 120.541 and whether the 1044
rule does not impose regulatory costs on the regulated person, 1045
county, or city which could be reduced by the adoption of less 1046
costly alternatives that substantially a ccomplish the statutory 1047
objectives. 1048
(k) The rule will require additional appropriations. 1049
(l) If the rule is an emergency rule, there exists an 1050
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emergency justifying the adoption of such rule, the agency is 1051
within its statutory authority, and the rule wa s adopted in 1052
compliance with the requirements and limitations of s. 1053
120.54(4). 1054
(m) The rule includes a provision not authorized by 1055
statute, whereby the entire rule, or a provision thereof, 1056
automatically expires or is repealed on a specific date or at 1057
the end of a specified period. 1058
Section 7. Subsection (1) of section 120.55, Florida 1059
Statutes, is amended to read: 1060
120.55 Publication. — 1061
(1) The Department of State shall: 1062
(a)1. Through a continuous revision and publication 1063
system, compile and publish electronically, on a website managed 1064
by the department, the "Florida Administrative Code." The 1065
Florida Administrative Code must shall contain all rules adopted 1066
by each agency, citing the grant of rulemaking authority and the 1067
specific law implemented pursu ant to which each rule was 1068
adopted, all history notes as authorized in ss. 120.5435 and 1069
120.545(7) s. 120.545(7), complete indexes to all rules and any 1070
material incorporated by reference contained in the code, and 1071
any other material required or authorized by law or deemed 1072
useful by the department. The electronic code must shall display 1073
each rule chapter currently in effect in browse mode and allow 1074
full text search of the code and each rule chapter. The 1075
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department may contract with a publishing firm for a pr inted 1076
publication; however, the department retains shall retain 1077
responsibility for the code as provided in this section. The 1078
electronic publication is shall be the official compilation of 1079
the administrative rules of this state. The Department of State 1080
retains shall retain the copyright over the Florida 1081
Administrative Code. 1082
2. Rules general in form but applicable to only one school 1083
district, community college district, or county, or a part 1084
thereof, or state university rules relating to internal 1085
personnel or business and finance may shall not be published in 1086
the Florida Administrative Code. Exclusion from publication in 1087
the Florida Administrative Code does shall not affect the 1088
validity or effectiveness of such rules. 1089
3. At the beginning of the section of t he code dealing 1090
with an agency that files copies of its rules with the 1091
department, the department shall publish the address and 1092
telephone number of the executive offices of each agency, the 1093
manner by which the agency indexes its rules, a listing of all 1094
rules of that agency excluded from publication in the code, a 1095
listing of all forms and material incorporated by reference 1096
adopted by rule which are used by the agency, and a statement as 1097
to where those rules may be inspected. 1098
4. Forms may shall not be published in the Florida 1099
Administrative Code; but any form which an agency uses in its 1100
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dealings with the public, along with any accompanying 1101
instructions, must shall be filed with the committee before it 1102
is used. Any form or instruction which meets the definiti on of 1103
the term "rule" provided in s. 120.52 must shall be incorporated 1104
by reference into the appropriate rule. The reference must shall 1105
specifically state that the form is being incorporated by 1106
reference and shall include the number, title, and effective 1107
date of the form and an explanation of how the form may be 1108
obtained. Each form created by an agency which is incorporated 1109
by reference in a rule notice of which is given under s. 1110
120.54(3)(a) after December 31, 2007, must clearly display the 1111
number, title, and effective date of the form and the number of 1112
the rule in which the form is incorporated. 1113
5. After December 31, 2025, the department shall require 1114
any material incorporated by reference in allow adopted rules 1115
and material incorporated by reference to be filed in the manner 1116
prescribed by s. 120.54(1)(i)3.a. or b. electronic form as 1117
prescribed by department rule. When a proposed rule is filed for 1118
adoption with incorporated material in electronic form, the 1119
department's publication of the Florida Administr ative Code on 1120
its website must contain a hyperlink from the incorporating 1121
reference in the rule directly to that material. The department 1122
may not allow hyperlinks from rules in the Florida 1123
Administrative Code to any material other than that filed with 1124
and maintained by the department, but may allow hyperlinks to 1125
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incorporated material maintained by the department from the 1126
adopting agency's website or other sites. 1127
6. The department shall include the date of any technical 1128
changes in the history note of the rule in the Florida 1129
Administrative Code. A technical change does not affect the 1130
effective date of the rule. A technical change made after the 1131
adoption of a rule must be published as a notice of correction. 1132
(b) Electronically publish on a website managed by the 1133
department a continuous revision and publication entitled the 1134
"Florida Administrative Register," which serves shall serve as 1135
the official publication and must contain: 1136
1. All notices required by s. 120.54(2) and (3)(a), 1137
showing the text of all rules proposed for consideration. 1138
2. All notices of public meetings, hearings, and workshops 1139
conducted in accordance with s. 120.525, including a statement 1140
of the manner in which a copy of the agenda may be obtained. 1141
3. A notice of each request for authorization to amend or 1142
repeal an existing uniform rule or for the adoption of new 1143
uniform rules. 1144
4. Notice of petitions for declaratory statements or 1145
administrative determinations. 1146
5. A list of all rules that were not timely reviewed by 1147
their respective agency, pursuant to s. 120.5435, updated at 1148
least annually. 1149
6.5. A summary of each objection to any rule filed by the 1150
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Administrative Procedures Committee. 1151
7.6. A list of rules filed for ado ption in the previous 7 1152
days. 1153
8.7. A list of all rules filed for adoption pending 1154
legislative ratification under s. 120.541(3). A rule shall be 1155
removed from the list once notice of ratification or withdrawal 1156
of the rule is received. 1157
9. The full text of each emergency rule in effect on the 1158
date of publication. 1159
10.8. Any other material required or authorized by law or 1160
deemed useful by the department. 1161
1162
The department may contract with a publishing firm for a printed 1163
publication of the Florida Administrat ive Register and make 1164
copies available on an annual subscription basis. 1165
(c) Prescribe by rule the style and form required for 1166
rules, notices, and other materials submitted for filing , 1167
including any rule requiring that documents created by an agency 1168
which are proposed to be incorporated by reference in notices 1169
published pursuant to s. 120.54(3)(a) and (d) be coded as 1170
required in s. 120.54(1)(i)7 . 1171
(d) Charge each agency using the Florida Administrative 1172
Register a space rate to cover the costs related to t he Florida 1173
Administrative Register and the Florida Administrative Code. 1174
(e) Maintain a permanent record of all notices published 1175
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in the Florida Administrative Register. 1176
Section 8. Paragraph (c) of subsection (1) and subsections 1177
(4) through (8) of sec tion 120.74, Florida Statutes, are 1178
amended, and paragraphs (e), (f), and (g) are added to 1179
subsection (1) of that section, to read: 1180
120.74 Agency annual rulemaking and regulatory plans; 1181
reports.— 1182
(1) REGULATORY PLAN. —By October 1 of each year, each 1183
agency shall prepare a regulatory plan. 1184
(c) The plan must include any desired update to the prior 1185
year's regulatory plan or supplement published pursuant to 1186
subsection (5) (7). If, in a prior year, a law was identified 1187
under this paragraph or under subparagr aph (a)1. as a law 1188
requiring rulemaking to implement but a notice of proposed rule 1189
has not been published: 1190
1. The agency shall identify and again list such law, 1191
noting the applicable notice of rule development by citation to 1192
the Florida Administrative Re gister; or 1193
2. If the agency has subsequently determined that 1194
rulemaking is not necessary to implement the law, the agency 1195
shall identify such law, reference the citation to the 1196
applicable notice of rule development in the Florida 1197
Administrative Register, and provide a concise written 1198
explanation of the reason why the law may be implemented without 1199
rulemaking. 1200
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(e) The plan also includes all of the following: 1201
1. A list of the agency's existing rules scheduled for 1202
review pursuant to s. 120.5435. 1203
2. A 5-year schedule for the review of all existing rules 1204
as of July 1, 2025. 1205
3. A yearly schedule for the rules it will review each 1206
year during the 5-year rule review. The agency may amend this 1207
schedule, if necessary. 1208
(f) The plan must include any desired update to the prior 1209
year's regulatory plan or supplement thereof, published pursuant 1210
to subsection (5). If, in a prior year, the agency identified a 1211
rule under this paragraph as one requiring review pursuant to s. 1212
120.5435, but the agency has not yet completed an action 1213
described in s. 120.5435(5): 1214
1. The agency must identify and list such rule in its 1215
regulatory plan as an untimely rule review and notify the 1216
committee of such action; or 1217
2. If the agency subsequently determined that the rule 1218
review is not necessary, the agency must identify the rule and 1219
provide a concise written explanation of the reason why the rule 1220
does not require a rule review. 1221
(g)1. Beginning October 1, 2025, each agency issuing 1222
licenses in accordance with s. 120.60 shall track the agency's 1223
compliance with the licensing timeframes established in s. 1224
120.60, and beginning October 1, 2026, must include in the 1225
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regulatory plan required by subsection (1), the following 1226
information regarding its licensing activities of the prior 1227
fiscal year, categorized by type of license: 1228
a. The number of license applications submitted to the 1229
agency; 1230
b. The number of license applications that required one or 1231
more requests for additional information; 1232
c. The number of license applications for which the 1233
applicant was nonresponsive to one or more requests for 1234
additional information; 1235
d. The number of license applications that were not 1236
completed by the applicant; 1237
e. The number of license applications for which the agency 1238
requested that the applicant grant an extension of time for the 1239
agency to issue a request for additional information, determine 1240
that an application is complete, or issue a decision to approve 1241
or deny an application; 1242
f. The number of license applications for which an 1243
extension was requested by the applicant and for which an 1244
extension was required by the state agency or judicial branch; 1245
g. The number of license applications that were not 1246
approved or denied within the statutory timeframe; 1247
h. The average and median number of days it takes the 1248
agency to approve or deny an application after receipt of a 1249
completed application; 1250
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i. The number of license applications for which final 1251
agency action was appealed and the number of informal and formal 1252
hearings requested; and 1253
j. The number of employees dedicated to processing license 1254
applications, if available. 1255
2. No later than December 31 of each year, the committee 1256
must submit a consolidated annual agency licensing performance 1257
report that provides all of the information required by 1258
subparagraph 1. The Department of State must publish a hyperlink 1259
to these reports in the first available issue of the Florida 1260
Administrative Register. 1261
(4) DEADLINE FOR RULE DEVELOPMENT. —By November 1 of each 1262
year, each agency shall publish a notice of rule dev elopment 1263
under s. 120.54(2) for each law identified in the agency's 1264
regulatory plan pursuant to subparagraph (1)(a)1. for which 1265
rulemaking is necessary to implement but for which the agency 1266
did not report the publication of a notice of rule development 1267
under subparagraph (1)(a)2. 1268
(4)(5) CORRECTING THE REGULATORY PLAN. —DEADLINE TO PUBLISH 1269
PROPOSED RULE.—For each law for which implementing rulemaking is 1270
necessary as identified in the agency's plan pursuant to 1271
subparagraph (1)(a)1. or subparagraph (1)(c)1., the agency shall 1272
publish a notice of proposed rule pursuant to s. 120.54(3)(a) by 1273
April 1 of the year following the deadline for the regulatory 1274
plan. This deadline may be extended if the agency publishes a 1275
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notice of extension in the Florida Administrative Register 1276
identifying each rulemaking proceeding for which an extension is 1277
being noticed by citation to the applicable notice of rule 1278
development as published in the Florida Administrative Register. 1279
The agency shall include a concise statement in the notice of 1280
extension identifying any issues that are causing the delay in 1281
rulemaking. An extension shall expire on October 1 after the 1282
April 1 deadline, provided that the regulatory plan due on 1283
October 1 may further extend the rulemaking proceeding by 1284
identification pursuant to subparagraph (1)(c)1. or conclude the 1285
rulemaking proceeding by identification pursuant to subparagraph 1286
(1)(c)2. A published regulatory plan may be corrected at any 1287
time to accomplish the purpose of extending or concluding an 1288
affected rulemaking proceeding by identifying the applicable 1289
rule pursuant to subparagraph (1)(c)2. The regulatory plan and 1290
is deemed corrected as of the October 1 due date. Upon 1291
publication of a correction, the agency shall publish in the 1292
Florida Administrative Register a notice of the date of the 1293
correction identifying the affected rulemaking proceeding by 1294
applicable citation to the Florida Administrative Register. 1295
(6) CERTIFICATIONS. —Each agency shall file a certification 1296
with the committee upon compliance with subse ction (4) and upon 1297
filing a notice under subsection (5) of either a deadline 1298
extension or a regulatory plan correction. A certification may 1299
relate to more than one notice or contemporaneous act. The date 1300
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or dates of compliance shall be noted in each certif ication. 1301
(5)(7) SUPPLEMENTING THE REGULATORY PLAN. —After 1302
publication of the regulatory plan, the agency shall supplement 1303
the plan within 30 days after a bill becomes a law if the law is 1304
enacted before the next regular session of the Legislature and 1305
the law substantively modifies the agency's specifically 1306
delegated legal duties, unless the law affects all or most state 1307
agencies as identified by letter to the committee from the 1308
Governor or the Attorney General. The supplement must include 1309
the information required in paragraph (1)(a) and shall be 1310
published as required in subsection (2), but no certification or 1311
delivery to the committee is required. The agency shall publish 1312
in the Florida Administrative Register notice of publication of 1313
the supplement, and inc lude a hyperlink on its website or web 1314
address for direct access to the published supplement. For each 1315
law reported in the supplement, if rulemaking is necessary to 1316
implement the law, the agency shall publish a notice of rule 1317
development by the later of the date provided in subsection (4) 1318
or 60 days after the bill becomes a law, and a notice of 1319
proposed rule shall be published by the later of the date 1320
provided in subsection (5) or 120 days after the bill becomes a 1321
law. The proposed rule deadline may be exte nded to the following 1322
October 1 by notice as provided in subsection (5). If such 1323
proposed rule has not been filed by October 1, a law included in 1324
a supplement shall also be included in the next annual plan 1325
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pursuant to subsection (1). 1326
(6)(8) FAILURE TO COMPLY.—If an agency fails to comply 1327
with a requirement of paragraph (2)(a) or subsection (5), within 1328
15 days after written demand from the committee or from the 1329
chair of any other legislative committee, the agency shall 1330
deliver a written explanation of the reasons for noncompliance 1331
to the committee, the President of the Senate, the Speaker of 1332
the House of Representatives, and the chair of any legislative 1333
committee requesting the explanation of the reasons for 1334
noncompliance. 1335
Section 9. This act shall take effect July 1, 2025. 1336