FL
Florida House Bill H0433

Florida 2025 Regular Session

Florida House Bill H0433 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to administrative procedures; amending 2
16-s. 120.52, F.S.; defining the term "technical change"; 3
17-amending s. 120.54, F.S.; requiring agencies to 4
18-publish a notice of rule development within a 5
19-specified timeframe; deleting a provision related to 6
20-the timeframe within which rules are required to be 7
21-drafted and formally proposed; prohibiting materials 8
22-from being incorporated by reference for certain rul es 9
23-reviewed after a specified date unless certain 10
24-conditions are met; prohibiting rules proposed after a 11
25-specified date from having materials incorporated by 12
26-reference unless certain conditions are met; requiring 13
27-agencies to use specific coding if they are updating 14
28-or making changes to certain documents incorporated by 15
29-reference; requiring a certain amount of days between 16
30-a notice of rule development and notice of proposed 17
31-rule; requiring that notices of rule development 18
32-contain certain information as well as incorporated 19
33-documents; requiring that a notice of rule development 20
34-contain a proposed rule number and specified 21
35-statements; revising the scope of public workshops to 22
36-include information gathered for the preparation of 23
37-statements of estimated regulatory costs; revising who 24
38-may challenge a proposed rule developed through 25
39-
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47-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
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51-negotiated rulemaking; revising the notices required 26
52-to be issued by agencies before the adoption, 27
53-amendment, or repeal of certain rules; requiring 28
54-certain information be included in the notices; 29
55-requiring a certain amount of days between a notice of 30
56-rule development and notice of proposed rule; 31
57-requiring that specified information be available for 32
58-public inspection; requiring that materials 33
59-incorporated by reference be made available in a 34
60-specified manner; requiring that certain notices be 35
61-delivered electronically to all persons who made 36
62-requests for such notice; requiring agencies to 37
63-publish a notice of correction for certain changes 38
64-within a specified timeframe; providing that notices 39
65-of correction do not affect certain timeframes; 40
66-requiring that technical changes be published as 41
67-notices of correction; requiring agencies to provide 42
68-copies of any offered regulatory alternatives to the 43
69-Administrative Procedures Committee before the agency 44
70-files a rule for adoption; revising the requirements 45
71-for the contents of a notice of change; requiring that 46
72-certain materials incorporated by reference be made 47
73-available in a specified manner; requiring the 48
74-department to publish a notice of withdrawal of th e 49
75-proposed rule under certain circumstances; requiring 50
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84-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
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88-agencies to restart rulemaking following a notice of 51
89-withdrawal in certain circumstances; requiring that 52
90-certain rules be withdrawn if not ratified within the 53
91-legislative session immediately following the filing 54
92-for adoption; providing that agencies are authorized 55
93-to initiate rulemaking, or required to initiate 56
94-rulemaking under a specified circumstance, within a 57
95-specified timeframe of the adjournment of such 58
96-legislative session; reducing the number of c ertified 59
97-copies of a proposed rule that must be electronically 60
98-filed with the Department of State; authorizing 61
99-agencies to adopt emergency rules under specified 62
100-conditions; requiring that specified information be 63
101-published in the first available issue of t he Florida 64
102-Administrative Register and provided to the 65
103-Administrative Procedures Committee; providing that if 66
104-a proposed rule is not ratified within a specified 67
105-timeframe, the emergency rule expires; requiring that 68
106-the proposed rule be withdrawn in accorda nce with a 69
107-specified provision; requiring that notices of renewal 70
108-for emergency rules be published in the Florida 71
109-Administrative Register before expiration of the 72
110-existing emergency rule; requiring that such notices 73
111-contain specified information; requiring that a note 74
112-be added to a certain history note for certain 75
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121-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
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125-emergency rules; requiring that emergency rules be 76
126-published in the Florida Administrative Code; 77
127-authorizing agencies to adopt emergency rules that 78
128-supersede other emergency rules; requiring that the 79
129-reason for such superseding rules be stated in 80
130-accordance with specified provisions; authorizing 81
131-agencies to make technical changes to emergency rules 82
132-within a specified timeframe; requiring that such 83
133-changes be published in the Florida Administrative 84
134-Register as a notice of correction; authorizing 85
135-agencies to repeal emergency rules by providing a 86
136-certain notice in the Florida Administrative Register; 87
137-requiring agencies to provide specified petitions to 88
138-the committee within a specified timeframe after 89
139-receipt; requiring agencies to provide a certain 90
140-notification to the committee within a specified 91
141-timeframe; reenacting and amending s. 120.541, F.S.; 92
142-providing that a proposal for a lower cost regulatory 93
143-alternative submitted after a notice of change is ma de 94
144-in good faith only if the proposal contains certain 95
145-statements; requiring agencies to provide a copy of 96
146-such proposals and responses thereto to the committee 97
147-within specified timeframes; prohibiting agencies from 98
148-filing a rule for adoption unless such d ocuments are 99
149-provided to the committee; requiring agencies to 100
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158-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
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162-notify the committee within a specified timeframe that 101
163-a rule has been submitted for legislative 102
164-ratification; providing an exemption from legislative 103
165-ratification for emergency rules; providing 104
166-requirements for the calculation of estimated 105
167-regulatory costs; requiring the department to include 106
168-the agency website on which statements of estimated 107
169-regulatory costs can be viewed; requiring an agency to 108
170-take specified actions relating to statements of 109
171-estimated regulatory costs; creating s. 120.5435, 110
172-F.S.; defining the term "rule"; requiring agencies, by 111
173-a specified date and in coordination with the 112
174-committee, to review specified rules adopted before a 113
175-specified date; providing for future review and 114
176-repeal; requiring rules promulgated after a certain 115
177-date to be reviewed; requiring agencies to include a 116
178-list of existing rules and a schedule of rules they 117
179-plan to review each year in a certain regulatory plan; 118
180-authorizing agencies to amend such schedules u nder 119
181-specified circumstances but requiring that at least a 120
182-specified percentage of an agency's rules be reviewed 121
183-each year until completion of all reviews; requiring 122
184-agencies to make specified determinations during rule 123
185-review; providing that certain deter minations are not 124
186-subject to challenge as a proposed rule; requiring 125
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195-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
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199-agencies to submit a certain report to the Legislature 126
200-annually by a specified date; requiring agencies to 127
201-take one of certain specified actions during rule 128
202-reviews by a specified date; p roviding requirements 129
203-for the agencies in connection with each of the 130
204-specified actions; requiring the committee to examine 131
205-agencies' rule review submissions; authorizing the 132
206-committee to request certain information from such 133
207-agencies; requiring that such review occur within a 134
208-specified timeframe under specified conditions; 135
209-requiring the committee to issue a certain 136
210-certification upon completion of examinations; 137
211-specifying circumstances under which rule review is 138
212-considered completed; requiring the departme nt to 139
213-publish a certain notice in the Florida Administrative 140
214-Register; amending s. 120.545, F.S.; requiring the 141
215-Joint Administrative Procedures Committee to review 142
216-each rule being reviewed; permitting the committee to 143
217-review certain material and documents; providing that 144
218-the committee may examine rules to determine if 145
219-certain unauthorized provisions are included; 146
220-amending s. 120.55, F.S.; revising the contents of the 147
221-Florida Administrative Code to conform to changes made 148
222-by the act; requiring, after a spec ified date, that 149
223-any material incorporated by reference be filed in a 150
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232-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
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236-specified electronic format with the department; 151
237-requiring that the Florida Administrative Register 152
238-contain a certain list; requiring that the full text 153
239-of emergency rules be published; requiring that the 154
240-department prescribe coding for certain documents 155
241-incorporated by reference; amending s. 120.74, F.S.; 156
242-requiring that regulatory plans submitted by agencies 157
243-include certain schedules for rule review and certain 158
244-desired updates to such pl ans; requiring agencies to 159
245-take certain actions if the agencies have not 160
246-completed reviewing a rule; requiring agencies to 161
247-include information regarding the prior year's 162
248-licensing practices in their regulatory plan; 163
249-requiring the Joint Administrative Proce dures 164
250-Committee to submit a consolidated report of the 165
251-agency licensing data; requiring the Department of 166
252-State to publish a hyperlink to the licensing data 167
253-reports; deleting provisions related to deadlines for 168
254-rule development; deleting deadlines for publ ishing 169
255-proposed rules; deleting provisions requiring agencies 170
256-to file certain certifications with the committee; 171
257-authorizing agencies to correct a regulatory plan to 172
258-conclude affected rulemaking proceedings by 173
259-identifying certain rules; revising the timefr ames 174
260-within which agencies must publish certain notices; 175
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269-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
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273-conforming provisions to changes made by the act ; 176
274-providing an effective date. 177
275- 178
276-Be It Enacted by the Legislature of the State of Florida: 179
277- 180
278- Section 1. Subsections (20), (21), and (22) of secti on 181
279-120.52, Florida Statutes, are renumbered as subsections (21), 182
280-(22), and (23), respectively, and a new subsection (20) is added 183
281-to that section, to read: 184
282- 120.52 Definitions. —As used in this act: 185
283- (20) "Technical change" means a change limited to 186
284-correcting citations or grammatical, typographical, or similar 187
285-errors that do not affect the substance of the rule or a 188
286-statement of estimated regulatory cost . 189
287- Section 2. Subsection (5) is added to section 120.536, 190
288-Florida Statutes, to read: 191
289- 120.536 Rulemaking authority; repeal; challenge. — 192
290- (5) Unless otherwise expressly authorized by law, a rule 193
291-may not include a provision whereby the entire rule, or a 194
292-provision thereof, automatically expires or is repealed on a 195
293-specific date or at the end of a specifie d period. 196
294- Section 3. Paragraphs (b) and (i) of subsection (1), 197
295-paragraphs (a), (c), and (d) of subsection (2), paragraphs (a), 198
296-(b), (d), and (e) of subsection (3), subsection (4), and 199
297-paragraph (a) of subsection (7) of section 120.54, Florida 200
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306-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
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310-Statutes, are amended to read: 201
311- 120.54 Rulemaking.— 202
312- (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN 203
313-EMERGENCY RULES.— 204
314- (b) Whenever an act of the Legislature is enacted which 205
315-requires implementation of the act by rules of an agency within 206
316-the executive branch of state government, the agency must 207
317-publish a notice of rule development such rules shall be drafted 208
318-and formally proposed as provided in this section within 30 days 209
319-after the effective date of the act that requires rulemaking and 210
320-provides a grant of rulemaking authority the times provided in 211
321-s. 120.74(4) and (5) . 212
322- (i)1. A rule may incorporate material by reference but 213
323-only as the material exists on the date the rule is adopted. For 214
324-purposes of the rule, changes in the material are not effective 215
325-unless the rule is amended to incorporate the changes. 216
326- 2. An agency rule that incorporates by specific reference 217
327-another rule of that agency automatically incorporates 218
328-subsequent amendments to the referenced rule unless a contrary 219
329-intent is clearly indic ated in the referencing rule. A notice of 220
330-amendments to a rule that has been incorporated by specific 221
331-reference in other rules of that agency must explain the effect 222
332-of those amendments on the referencing rules. 223
333- 3. In rules adopted after December 31, 2010, or reviewed 224
334-pursuant to s. 120.5435, material may not be incorporated by 225
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343-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
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347-reference unless: 226
348- a. The material has been submitted in the prescribed 227
349-electronic format to the Department of State and the full text 228
350-of the material can be made available for free public access 229
351-through an electronic hyperlink from the rule making the 230
352-reference in the Florida Administrative Code; or 231
353- b. The agency has determined that posting the material on 232
354-the Internet for purposes of p ublic examination and inspection 233
355-would constitute a violation of federal copyright law, in which 234
356-case a statement to that effect, along with the addresses 235
357-address of the locations at the Department of State and the 236
358-agency at which the material is available for public inspection 237
359-and examination, must be included in the notice required by 238
360-subparagraph (3)(a)1. 239
361- 4. In rules proposed after July 1, 2025, material may not 240
362-be incorporated by reference unless: 241
363- a. The material has been submitted in the prescribed 242
364-electronic format to the Department of State and the full text 243
365-of the material, in a text -searchable format, can be made 244
366-available for free public access through an electronic hyperlink 245
367-from the rule making the reference in the Florida Administrative 246
368-Register; or 247
369- b. The agency has determined that posting the material on 248
370-the Internet for purposes of public examination and inspection 249
371-would constitute a violation of federal copyright law, in which 250
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380-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
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384-case a statement to that effect, along with the addresses of the 251
385-locations at the Department of State and the agency at which the 252
386-material is available for public inspection and examination, 253
387-must be included in the notice required by subparagraph (3)(a)1. 254
388- 5.4. A rule may not be amended by reference only. 255
389-Amendments must set out the amended rule in full in the same 256
390-manner as required by the State Constitution for laws. 257
391- 6.5. Notwithstanding any contrary provision in this 258
392-section, when an adopted rule of the Department of Environmental 259
393-Protection or a water managem ent district is incorporated by 260
394-reference in the other agency's rule to implement a provision of 261
395-part IV of chapter 373, subsequent amendments to the rule are 262
396-not effective as to the incorporating rule unless the agency 263
397-incorporating by reference notifies the committee and the 264
398-Department of State of its intent to adopt the subsequent 265
399-amendment, publishes notice of such intent in the Florida 266
400-Administrative Register, and files with the Department of State 267
401-a copy of the amended rule incorporated by reference. Changes in 268
402-the rule incorporated by reference are effective as to the other 269
403-agency 20 days after the date of the published notice and filing 270
404-with the Department of State. The Department of State shall 271
405-amend the history note of the incorporating rule to sho w the 272
406-effective date of such change. Any substantially affected person 273
407-may, within 14 days after the date of publication of the notice 274
408-of intent in the Florida Administrative Register, file an 275
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417-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
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421-objection to rulemaking with the agency. The objection must 276
422-shall specify the portions of the rule incorporated by reference 277
423-to which the person objects and the reasons for the objection. 278
424-The agency does shall not have the authority under this 279
425-subparagraph to adopt those portions of the rule specified in 280
426-such objection. The agency shall publish notice of the objection 281
427-and of its action in response in the next available issue of the 282
428-Florida Administrative Register. 283
429- 7. If an agency updates or makes a change to a document 284
430-the agency created and which is incorporated by reference 285
431-pursuant to paragraph (3)(a) or subparagraph (3)(e)1., the 286
432-update or change must be coded by underlining new text and 287
433-striking through deleted text. 288
434- 8.6. The Department of State may adopt by rule 289
435-requirements for incorporating materials pursuan t to this 290
436-paragraph. 291
437- (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING. — 292
438- (a)1. Except when the intended action is the repeal of a 293
439-rule, agencies shall provide notice of the development of 294
440-proposed rules by publication of a notice of rule development in 295
441-the Florida Administrative Register at least 7 days before 296
442-providing notice of a proposed rule as required by paragraph 297
443-(3)(a). The notice of rule development must: 298
444- a. shall Indicate the subject area to be addressed by rule 299
445-development., 300
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454-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
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458- b. Provide a short, plain explanation of the purpose and 301
459-effect of the proposed rule ., 302
460- c. Cite the grant of rulemaking authority for the proposed 303
461-rule and the law being implemented. specific legal authority for 304
462-the proposed rule, and 305
463- d. Include the proposed rule number and, if available, 306
464-either the preliminary text of the proposed rule and any 307
465-incorporated documents rules, if available, or a statement of 308
466-how a person may promptly obtain, without cost, a copy of any 309
467-preliminary draft of such rule or documents , if available. 310
468- 2. A notice of a proposed rule must be published in the 311
469-Florida Administrative Register within 6 months after the most 312
470-recent notice of rule development, unless the Legislature 313
471-expressly provides a different date. 314
472- (c) An agency may hold public workshops for purposes of 315
473-rule development or information gathering for the prepa ration of 316
474-the statement of estimated regulatory costs . An agency must hold 317
475-public workshops, including workshops in various regions of the 318
476-state or the agency's service area, for purposes of rule 319
477-development if requested in writing by any affected person, 320
478-unless the agency head explains in writing why a workshop is 321
479-unnecessary. The explanation is not final agency action subject 322
480-to review pursuant to ss. 120.569 and 120.57. The failure to 323
481-provide the explanation when required may be a material error in 324
482-procedure pursuant to s. 120.56(1)(c). When a workshop or public 325
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491-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
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495-hearing is held, the agency must ensure that the persons 326
496-responsible for preparing the proposed rule and the statement of 327
497-estimated regulatory costs, if applicable, are available to 328
498-explain the agency's proposal and to respond to questions or 329
499-comments regarding the rule being developed. The workshop may be 330
500-facilitated or mediated by a neutral third person, or the agency 331
501-may employ other types of dispute resolution alternatives for 332
502-the workshop that are appropriate for rule development. Notice 333
503-of a workshop for rule development or for information gathering 334
504-for the preparation of a statement of estimated regulatory costs 335
505-must workshop shall be by publication in the Florida 336
506-Administrative Register not less than 14 days before prior to 337
507-the date on which the workshop is scheduled to be held and must 338
508-shall indicate the subject area that which will be addressed; 339
509-the agency contact person; and the place, date, and time of the 340
510-workshop. 341
511- (d)1. An agency may use negotiated rulemaking in 342
512-developing and adopting rules. The agency should consider the 343
513-use of negotiated rulemaking when complex rules are being 344
514-drafted or strong opposition to the rules is anticipated. The 345
515-agency should consider, but is not limited to considering, 346
516-whether a balanced committee of interested persons who will 347
517-negotiate in good faith can be assembled, whether the agency is 348
518-willing to support the work of the negotiating committee, and 349
519-whether the agency can use the group consensus as the ba sis for 350
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528-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
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532-its proposed rule. Negotiated rulemaking uses a committee of 351
533-designated representatives to draft a mutually acceptable 352
534-proposed rule. 353
535- 2. An agency that chooses to use the negotiated rulemaking 354
536-process described in this paragraph shall publish in the Florida 355
537-Administrative Register a notice of negotiated rulemaking that 356
538-includes a listing of the representative groups that will be 357
539-invited to participate in the negotiated rulemaking process. Any 358
540-person who believes that his or her interest is not ade quately 359
541-represented may apply to participate within 30 days after 360
542-publication of the notice. All meetings of the negotiating 361
543-committee must shall be noticed and open to the public pursuant 362
544-to the provisions of this chapter. The negotiating committee 363
545-shall be chaired by a neutral facilitator or mediator. 364
546- 3. The agency's decision to use negotiated rulemaking, its 365
547-selection of the representative groups, and approval or denial 366
548-of an application to participate in the negotiated rulemaking 367
549-process are not agenc y action. Nothing in This subparagraph is 368
550-not intended to affect the rights of a substantially an affected 369
551-person to challenge a proposed rule developed under this 370
552-paragraph in accordance with s. 120.56(2). 371
553- (3) ADOPTION PROCEDURES. — 372
554- (a) Notices.— 373
555- 1. Before Prior to the adoption, amendment, or repeal of 374
556-any rule other than an emergency rule, an agency shall, upon 375
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565-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
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569-approval of the agency head, shall give notice of its intended 376
570-action, setting forth a short, plain explanation of the purpose 377
571-and effect of the proposed action; the proposed rule number; the 378
572-full text of the proposed rule or amendment and a summary 379
573-thereof; a reference to the grant of rulemaking authority 380
574-pursuant to which the rule is adopted; and a reference to the 381
575-section or subsection of th e Florida Statutes or the Laws of 382
576-Florida being implemented or interpreted ; and the name, e-mail 383
577-address, and telephone number of the agency employee who may be 384
578-contacted regarding the intended action . The notice must include 385
579-a concise summary of the agenc y's statement of the estimated 386
580-regulatory costs, if one has been prepared, based on the factors 387
581-set forth in s. 120.541(2) that describes the regulatory impact 388
582-of the rule in readable language; an agency website address 389
583-where the statement of estimated reg ulatory costs can be viewed 390
584-in its entirety, if one has been prepared ; a statement that any 391
585-person who wishes to provide the agency with information 392
586-regarding the statement of estimated regulatory costs, or to 393
587-provide a proposal for a lower cost regulatory alternative as 394
588-provided by s. 120.541(1), must do so in writing with in 21 days 395
589-after publication of the notice; and a statement as to whether, 396
590-based on the statement of the estimated regulatory costs or 397
591-other information expressly relied upon and described by the 398
592-agency if no statement of regulatory costs is required, the 399
593-proposed rule is expected to require legislative ratification 400
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602-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
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606-pursuant to s. 120.541(3). The notice must state the procedure 401
607-for requesting a public hearing on the proposed rule. Except 402
608-when the intended action is the repeal of a rule, the notice 403
609-must include a reference both to the date on which and to the 404
610-place where the notice of rule development that is required by 405
611-subsection (2) appeared. 406
612- 2. The notice must shall be published in the Florida 407
613-Administrative Register at least 7 days after the notice of rule 408
614-development and at least not less than 28 days before prior to 409
615-the intended action. The proposed rule , including all material 410
616-proposed to be incorporated by reference, must shall be 411
617-available for inspection and copying by the public at the time 412
618-of the publication of notice. Material proposed to be 413
619-incorporated by reference in the notice must be made available 414
620-in the manner prescribed by sub -subparagraph (1)(i)3.a. or sub -415
621-subparagraph (1)(i)3.b. 416
622- 3. The notice must shall be mailed or delivered 417
623-electronically to all persons named in the proposed rule and 418
624-mailed or delivered electronically to all persons who, at least 419
625-14 days before publication of the notice prior to such mailing , 420
626-have made requests of the agency for advance notice of its 421
627-proceedings. The agency shall also give such notice as is 422
628-prescribed by rule to those particular classes of persons to 423
629-whom the intended action is directed. 424
630- 4. The adopting agency shall file with the committee, at 425
631-
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634-
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639-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
640-
641-
642-
643-least 21 days before prior to the proposed adoption date , a copy 426
644-of each rule it proposes to adopt; a copy of any material 427
645-incorporated by reference in the rule; a detailed written 428
646-statement of the facts and circumstances justifying the proposed 429
647-rule; a copy of any statement of estimated regulatory costs that 430
648-has been prepared pursuant to s. 120.541; a statement of the 431
649-extent to which the proposed rule relates to federal standards 432
650-or rules on the same subject; and the notice required by 433
651-subparagraph 1. 434
652- 5. If any of the information, other than substantive 435
653-changes to the rule text, that is required to be included in the 436
654-notice under subparagraph 1. is omitted or is incorrect, the 437
655-agency must publish a notice of correction in the Florida 438
656-Administrative Register at least 7 days before the intended 439
657-agency action. The publication of a notice of correction does 440
658-not affect the timeframes for filing the rule for adoption as 441
659-set forth in paragraph (e). Technical changes must be published 442
660-as a notice of correction. 443
661- (b) Special matters to be considered in rule adoption .— 444
662- 1. Statement of estimated regulatory costs. —Before the 445
663-adoption, amendment, or repeal of any rule , other than an 446
664-emergency rule, an agency is encouraged to prepare a statement 447
665-of estimated regulatory costs of the proposed rule, as provided 448
666-by s. 120.541. However, an agency must prepare a statement of 449
667-estimated regulatory costs of the proposed rule, as provided by 450
668-
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671-
672-
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676-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
677-
678-
679-
680-s. 120.541, if: 451
681- a. The proposed rule will have an adverse impact on small 452
682-business; or 453
683- b. The proposed rule is likely to directly or indirec tly 454
684-increase regulatory costs in excess of $200,000 in the aggregate 455
685-in this state within 1 year after the implementation of the 456
686-rule. 457
687- 458
688-The agency must make available any information created or used 459
689-by the agency in determining whether a proposed rule meet s the 460
690-factors listed in sub -subparagraphs a. and b. and such 461
691-information shall be a part of the rulemaking record. 462
692- 2. Small businesses, small counties, and small cities. — 463
693- a. Each agency, before the adoption, amendment, or repeal 464
694-of a rule, shall consid er the impact of the rule on small 465
695-businesses as defined by s. 288.703 and the impact of the rule 466
696-on small counties or small cities as defined by s. 120.52. 467
697-Whenever practicable, an agency shall tier its rules to reduce 468
698-disproportionate impacts on small bu sinesses, small counties, or 469
699-small cities to avoid regulating small businesses, small 470
700-counties, or small cities that do not contribute significantly 471
701-to the problem the rule is designed to address. An agency may 472
702-define "small business" to include businesses employing more 473
703-than 200 persons, may define "small county" to include those 474
704-with populations of more than 75,000, and may define "small 475
705-
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713-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
714-
715-
716-
717-city" to include those with populations of more than 10,000, if 476
718-it finds that such a definition is necessary to adapt a rule to 477
719-the needs and problems of small businesses, small counties, or 478
720-small cities. The agency shall consider each of the following 479
721-methods for reducing the impact of the proposed rule on small 480
722-businesses, small counties, and small cities, or any combina tion 481
723-of these entities: 482
724- (I) Establishing less stringent compliance or reporting 483
725-requirements in the rule. 484
726- (II) Establishing less stringent schedules or deadlines in 485
727-the rule for compliance or reporting requirements. 486
728- (III) Consolidating or simplifying the rule's compliance 487
729-or reporting requirements. 488
730- (IV) Establishing performance standards or best management 489
731-practices to replace design or operational standards in the 490
732-rule. 491
733- (V) Exempting small businesses, small counties, or small 492
734-cities from any or a ll requirements of the rule. 493
735- b.(I) If the agency determines that the proposed action 494
736-will affect small businesses as defined by the agency as 495
737-provided in sub-subparagraph a., the agency shall send written 496
738-notice of the rule to the rules ombudsman in the Executive 497
739-Office of the Governor at least 28 days before the intended 498
740-action. 499
741- (II) Each agency shall adopt those regulatory alternatives 500
742-
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750-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
751-
752-
753-
754-offered by the rules ombudsman in the Executive Office of the 501
755-Governor and provided to the agency no later than 21 da ys after 502
756-the rules ombudsman's receipt of the written notice of the rule 503
757-which it finds are feasible and consistent with the stated 504
758-objectives of the proposed rule and which would reduce the 505
759-impact on small businesses. When regulatory alternatives are 506
760-offered by the rules ombudsman in the Executive Office of the 507
761-Governor, the 90-day period for filing the rule in subparagraph 508
762-(e)2. is extended for a period of 21 days. An agency shall 509
763-provide the committee a copy of any regulatory alternative 510
764-offered to the agency within 7 days after its delivery to the 511
765-agency. The agency may not file a rule for adoption before such 512
766-regulatory alternative, if applicable, has been provided to the 513
767-committee. 514
768- (III) If an agency does not adopt all alternatives offered 515
769-pursuant to this sub-subparagraph, it must shall, before rule 516
770-adoption or amendment and pursuant to subparagraph (d)1., file a 517
771-detailed written statement with the committee explaining the 518
772-reasons for failure to adopt such alternatives. Within 3 working 519
773-days after the filing of such notice, the agency shall send a 520
774-copy of such notice to the rules ombudsman in the Executive 521
775-Office of the Governor. 522
776- (d) Modification or withdrawal of proposed rules .— 523
777- 1. After the final public hearing on the proposed rule, or 524
778-after the time for requesting a hearing has expired, if the 525
779-
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787-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
788-
789-
790-
791-proposed rule has not been changed from the rule as previously 526
792-filed with the committee, or contains only technical changes, 527
793-the adopting agency must shall file a notice to that effect with 528
794-the committee at least 7 days before prior to filing the 529
795-proposed rule for adoption. Any change, other than a technical 530
796-change that does not affect the substance of the rule , must be 531
797-supported by the record of public hearings held on the proposed 532
798-rule, must be in respon se to written material submitted to the 533
799-agency within 21 days after the date of publication of the 534
800-notice of intended agency action or submitted to the agency 535
801-between the date of publication of the notice and the end of the 536
802-final public hearing, or must be in response to a proposed 537
803-objection by the committee. Any change, other than a technical 538
804-change, to a statement of estimated regulatory costs requires a 539
805-notice of change. In addition, when any change, other than a 540
806-technical change, to is made in a proposed rule text or any 541
807-material incorporated by reference requires , other than a 542
808-technical change, the adopting agency to shall provide a copy of 543
809-a notice of change by certified mail or actual delivery to any 544
810-person who requests it in writing no later than 21 days after 545
811-the notice required in paragraph (a). The agency shall file the 546
812-notice of change with the committee, along with the reasons for 547
813-the change, and provide the notice of change to persons 548
814-requesting it, at least 21 days before prior to filing the rule 549
815-for adoption. The notice of change must shall be published in 550
816-
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824-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
825-
826-
827-
828-the Florida Administrative Register at least 21 days before 551
829-prior to filing the proposed rule for adoption. The notice of 552
830-change must include a summary of any revision to the statement 553
831-of estimated regulatory costs required by s. 120.541(1)(c). This 554
832-subparagraph does not apply to emergency rules adopted pursuant 555
833-to subsection (4). Material proposed to be incorporated by 556
834-reference in the notice of change must be made available in the 557
835-manner prescribed by sub -subparagraph (1)(i)3.a. or sub -558
836-subparagraph (1)(i)3.b. and include a summary of substantive 559
837-revisions to any material proposed to be incorporated by 560
838-reference in the proposed rule. 561
839- 2. After the notice required by paragraph (a) and before 562
840-prior to adoption, the agency may withdraw the proposed rule in 563
841-whole or in part. 564
842- 3. After the notice required by paragrap h (a), the agency 565
843-must withdraw the proposed rule if the agency has failed to 566
844-adopt it within the prescribed timeframes in this chapter. If 567
845-the agency, 30 days after notice by the committee that the 568
846-agency has failed to adopt the proposed rule within the 569
847-prescribed timeframes in this chapter, has not given notice of 570
848-the withdrawal of the proposed rule, the committee must notify 571
849-the Department of State that the date for adoption of the rule 572
850-has expired, and the Department of State must publish a notice 573
851-of withdrawal of the proposed rule. Within 30 days after the 574
852-withdrawal, the agency must initiate rulemaking again by 575
853-
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857-
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861-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
862-
863-
864-
865-publishing the notice required by s. 120.54(3)(a), if the 576
866-mandatory grant of rulemaking authority the agency relied upon 577
867-as authority to pursue the original rule action is still in 578
868-effect at the time of the original rule's withdrawal. 579
869- 4.3. After adoption and before the rule becomes effective, 580
870-a rule may be modified or withdrawn only in the following 581
871-circumstances: 582
872- a. When the committee object s to the rule; 583
873- b. When a final order, which is not subject to further 584
874-appeal, is entered in a rule challenge brought pursuant to s. 585
875-120.56 after the date of adoption but before the rule becomes 586
876-effective pursuant to subparagraph (e)6.; 587
877- c. If the rule requires ratification, when more than 90 588
878-days have passed since the rule was filed for adoption without 589
879-the Legislature does not ratify ratifying the rule by the 590
880-adjournment sine die of the regular session immediately 591
881-following the timely filing for adoptio n of the rule, in which 592
882-case the rule must may be withdrawn, and within 90 days after 593
883-adjournment sine die, the agency: 594
884- (I) May initiate rulemaking again by publishing the notice 595
885-required by s. 120.54(3)(a); or 596
886- (II) Must initiate rulemaking again by pu blishing the 597
887-notice required by s. 120.54(3)(a), if the mandatory grant of 598
888-rulemaking authority the agency relied upon as authority to 599
889-pursue the original rule action is still in effect at the time 600
890-
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898-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
899-
900-
901-
902-of the original rule's withdrawal but may not be modified ; or 601
903- d. When the committee notifies the agency that an 602
904-objection to the rule is being considered, in which case the 603
905-rule may be modified to extend the effective date by not more 604
906-than 60 days. 605
907- 5.4. The agency shall give notice of its decision to 606
908-withdraw or modify a rule in the first available issue of the 607
909-publication in which the original notice of rulemaking was 608
910-published, shall notify those persons described in subparagraph 609
911-(a)3. in accordance with the requirements of that subparagraph, 610
912-and must shall notify the Department of State if the rule is 611
913-required to be filed with the Department of State. 612
914- 6.5. After a rule has become effective, it may be repealed 613
915-or amended only through the rulemaking procedures specified in 614
916-this chapter. 615
917- (e) Filing for fina l adoption; effective date. — 616
918- 1. If the adopting agency is required to publish its rules 617
919-in the Florida Administrative Code, the agency, upon approval of 618
920-the agency head, must electronically shall file with the 619
921-Department of State a three certified copy copies of the rule it 620
922-proposes to adopt; one copy of any material incorporated by 621
923-reference in the rule, certified by the agency; a summary of the 622
924-rule; a summary of any hearings held on the rule; and a detailed 623
925-written statement of the facts and circumsta nces justifying the 624
926-rule. Agencies not required to publish their rules in the 625
927-
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935-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
936-
937-
938-
939-Florida Administrative Code shall file one certified copy of the 626
940-proposed rule, and the other material required by this 627
941-subparagraph, in the office of the agency head, and such r ules 628
942-must shall be open to the public. 629
943- 2. A rule may not be filed for adoption less than 28 days 630
944-or more than 90 days after the notice required by paragraph (a), 631
945-until 21 days after the notice of change required by paragraph 632
946-(d), until 14 days after the final public hearing, until 21 days 633
947-after a statement of estimated regulatory costs required under 634
948-s. 120.541 has been provided to all persons who submitted a 635
949-lower cost regulatory alternative and made available to the 636
950-public, or until the administrative l aw judge has rendered a 637
951-decision under s. 120.56(2), whichever applies. When a required 638
952-notice of change is published before prior to the expiration of 639
953-the time to file the rule for adoption, the period during which 640
954-a rule must be filed for adoption is ext ended to 45 days after 641
955-the date of publication. If notice of a public hearing is 642
956-published before prior to the expiration of the time to file the 643
957-rule for adoption, the period during which a rule must be filed 644
958-for adoption is extended to 45 days after adjo urnment of the 645
959-final hearing on the rule, 21 days after receipt of all material 646
960-authorized to be submitted at the hearing, or 21 days after 647
961-receipt of the transcript, if one is made, whichever is latest. 648
962-The term "public hearing" includes any public meetin g held by 649
963-any agency at which the rule is considered. If a petition for an 650
964-
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972-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
973-
974-
975-
976-administrative determination under s. 120.56(2) is filed, the 651
977-period during which a rule must be filed for adoption is 652
978-extended to 60 days after the administrative law judge files t he 653
979-final order with the clerk or until 60 days after subsequent 654
980-judicial review is complete. 655
981- 3. At the time a rule is filed, the agency shall certify 656
982-that the time limitations prescribed by this paragraph have been 657
983-complied with, that all statutory rulem aking requirements have 658
984-been met, and that there is no administrative determination 659
985-pending on the rule. 660
986- 4. At the time a rule is filed, the committee shall 661
987-certify whether the agency has responded in writing to all 662
988-material and timely written comments o r written inquiries made 663
989-on behalf of the committee. The department shall reject any rule 664
990-that is not filed within the prescribed time limits; that does 665
991-not comply with all statutory rulemaking requirements and rules 666
992-of the department; upon which an agency has not responded in 667
993-writing to all material and timely written inquiries or written 668
994-comments; upon which an administrative determination is pending; 669
995-or which does not include a statement of estimated regulatory 670
996-costs, if required. 671
997- 5. If a rule has not been adopted within the time limits 672
998-imposed by this paragraph or has not been adopted in compliance 673
999-with all statutory rulemaking requirements, the agency proposing 674
1000-the rule must shall withdraw the rule and give notice of its 675
1001-
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1009-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
1010-
1011-
1012-
1013-action in the next available i ssue of the Florida Administrative 676
1014-Register. 677
1015- 6. The proposed rule is shall be adopted upon on being 678
1016-filed with the Department of State and becomes become effective 679
1017-20 days after being filed, on a later date specified in the 680
1018-notice required by subparagraph (a)1., on a date required by 681
1019-statute, or upon ratification by the Legislature pursuant to s. 682
1020-120.541(3). Rules not required to be filed with the Departme nt 683
1021-of State shall become effective when adopted by the agency head, 684
1022-on a later date specified by rule or statute, or upon 685
1023-ratification by the Legislature pursuant to s. 120.541(3). If 686
1024-the committee notifies an agency that an objection to a rule is 687
1025-being considered, the agency may postpone the adoption of the 688
1026-rule to accommodate review of the rule by the committee. When an 689
1027-agency postpones adoption of a rule to accommodate review by the 690
1028-committee, the 90-day period for filing the rule is tolled until 691
1029-the committee notifies the agency that it has completed its 692
1030-review of the rule. 693
1031- 694
1032-For the purposes of this paragraph, the term "administrative 695
1033-determination" does not include subsequent judicial review. 696
1034- (4) EMERGENCY RULES. — 697
1035- (a) If an agency finds that an imme diate danger to the 698
1036-public health, safety, or welfare requires emergency action, or 699
1037-if the Legislature authorizes the agency to adopt emergency 700
1038-
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1046-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
1047-
1048-
1049-
1050-rules and finds that all conditions specified in this paragraph 701
1051-are met, the agency may, within the authority gr anted to the 702
1052-agency under the State Constitution or delegated to it by the 703
1053-Legislature, adopt any rule necessitated by the immediate danger 704
1054-or legislative finding . The agency may adopt a rule by any 705
1055-procedure which is fair under the circumstances if: 706
1056- 1. The procedure provides at least the procedural 707
1057-protection given by other statutes, the State Constitution, or 708
1058-the United States Constitution. 709
1059- 2. The agency takes only that action necessary to protect 710
1060-the public interest under the emergency procedure. 711
1061- 3. The agency publishes in writing at the time of, or 712
1062-prior to, its action the specific facts and reasons for finding 713
1063-an immediate danger to the public health, safety, or welfare and 714
1064-its reasons for concluding that the procedure used is fair under 715
1065-the circumstances. In any event, notice of emergency rules, 716
1066-other than those of educational units or units of government 717
1067-with jurisdiction in only one or a part of one county, including 718
1068-the full text of the rules and the agency's findings of 719
1069-immediate danger, neces sity, and procedural fairness or a 720
1070-citation to the grant of emergency rulemaking authority , must 721
1071-shall be published in the first available issue of the Florida 722
1072-Administrative Register and provided to the committee along with 723
1073-any material incorporated by re ference in the rules. The 724
1074-agency's findings of immediate danger, necessity, and procedural 725
1075-
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1083-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
1084-
1085-
1086-
1087-fairness are shall be judicially reviewable. 726
1088- (b) Rules pertaining to the public health, safety, or 727
1089-welfare must shall include rules pertaining to perishable 728
1090-agricultural commodities or rules pertaining to the 729
1091-interpretation and implementation of the requirements of 730
1092-chapters 97-102 and chapter 105 of the Election Code. 731
1093- (c)1. An emergency rule adopted under this subsection may 732
1094-shall not be effective for a period lon ger than 90 days and may 733
1095-shall not be renewable, except when the agency has initiated 734
1096-rulemaking to adopt rules addressing the subject of the 735
1097-emergency rule and either: 736
1098- a.1. A challenge to the proposed rules has been filed and 737
1099-remains pending; or 738
1100- b.2. The proposed rules are awaiting ratification by the 739
1101-Legislature pursuant to s. 120.541(3). If the proposed rule is 740
1102-not ratified during the next regular legislative session, the 741
1103-emergency rule shall expire at adjournment sine die of that 742
1104-regular legislative session. The proposed rule must be withdrawn 743
1105-from ratification in accordance with s. 120.54(3)(d). 744
1106- 2. Nothing in This paragraph does not prohibit prohibits 745
1107-the agency from adopting a rule or rules identical to the 746
1108-emergency rule through the rulemaking p rocedures specified in 747
1109-subsection (3). 748
1110- (d) Notice of the renewal of an emergency rule must be 749
1111-published in the Florida Administrative Register before the 750
1112-
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1115-
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1120-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
1121-
1122-
1123-
1124-expiration of the existing emergency rule. The notice of renewal 751
1125-must state the specific facts and r easons for such renewal. 752
1126- (e) For emergency rules with an effective period greater 753
1127-than 90 days which are intended to replace existing rules, a 754
1128-note must be added to the history note of the existing rule 755
1129-which specifically identifies the emergency rule th at is 756
1130-intended to supersede the existing rule and includes the date 757
1131-that the emergency rule was filed with the Department of State. 758
1132- (f) Emergency rules must be published in the Florida 759
1133-Administrative Code. 760
1134- (g) An agency may supersede an emergency rule in effect 761
1135-through adoption of another emergency rule before the superseded 762
1136-rule expires. The reason for adopting the superseding rule must 763
1137-be stated in accordance with the procedures set forth in 764
1138-paragraph (a). The superseding rule may not be in effect lon ger 765
1139-than the duration of the effective period of the superseded 766
16+s. 120.52, F.S.; revising and providing definitions; 3
17+amending s. 120.54, F.S.; prohibiting rules amended or 4
18+repromulgated on or after a specified date from being 5
19+incorporated by reference unless certai n exceptions 6
20+apply; requiring agencies to publish a certain notice 7
21+of rule development in the Florida Administrative 8
22+Register within a specified timeframe before providing 9
23+specified notice of a proposed rule; requiring that a 10
24+notice of rule development cit e the grant of 11
25+rulemaking authority; requiring that a notice of rule 12
26+development contain a proposed rule number and 13
27+specified statements; requiring that notice of a 14
28+proposed rule be published in the Florida 15
29+Administrative Register within a specified timefr ame 16
30+after the most recent notice of rule development; 17
31+revising the scope of public workshops to include 18
32+information gathered for the preparation of statements 19
33+of estimated regulatory costs; requiring that a notice 20
34+of proposed rule include a website address where a 21
35+statement of regulatory costs can be viewed; requiring 22
36+that a notice of proposed rule include a request for 23
37+the submission of any helpful information regarding 24
38+the statement of estimated regulatory costs; requiring 25
39+
40+CS/HB 433 2025
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44+CODING: Words stricken are deletions; words underlined are additions.
45+hb433-01-c1
46+Page 2 of 66
47+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
48+
49+
50+
51+that material proposed to be inc orporated by reference 26
52+and the statement of estimated regulatory costs be 27
53+made available to the public; requiring that material 28
54+proposed to be incorporated by reference be made 29
55+available in a specified manner; authorizing 30
56+electronic delivery of notices to persons who have 31
57+requested advance notice of agency rulemaking 32
58+proceedings; requiring, rather than encouraging, an 33
59+agency to prepare a specified statement of estimated 34
60+regulatory costs before adopting or amending any rule 35
61+other than an emergency rule; prov iding that an agency 36
62+is not required to prepare a statement of estimated 37
63+regulatory costs before repealing a rule; providing an 38
64+exception; requiring that certain rule repeals be 39
65+considered presumptively correct in a proceeding 40
66+before the Division of Admini strative Hearings or a 41
67+court of competent jurisdiction; revising the criteria 42
68+under which a proposed rule's adverse impact on small 43
69+businesses is deemed to exist; removing the definition 44
70+of the term "small business"; requiring an agency to 45
71+provide notice of a regulatory alternative to the 46
72+Administrative Procedures Committee within a certain 47
73+timeframe; requiring certain agency personnel to 48
74+attend public hearings on proposed rules for certain 49
75+purposes; requiring an agency to publish a notice of 50
76+
77+CS/HB 433 2025
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80+
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84+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
85+
86+
87+
88+convening a separate proceeding in certain 51
89+circumstances; providing that rulemaking timelines are 52
90+tolled during such separate proceedings; providing 53
91+that such timelines resume the day after the 54
92+conclusion of such proceedings; requiring that notice 55
93+of conclusion of such proceedings be provided to the 56
94+committee; revising the requirements for the contents 57
95+of a notice of change; requiring the committee to 58
96+notify the Department of State that the date for an 59
97+agency to adopt a proposed rule has expired under 60
98+certain circumstances; requiring the department to 61
99+publish a notice of withdrawal of the proposed rule 62
100+under certain circumstances; providing that if a 63
101+proposed rule is not ratified within a specified 64
102+timeframe, the agency must withdraw such rule and may 65
103+initiate rulemaking again, or must initiate rulemaking 66
104+again under a specified condition; requiring the 67
105+agency, upon approval of the agency head, to 68
106+electronically file with the department a certified 69
107+copy of the proposed rule; requiring the committee to 70
108+notify the department that the agency has failed to 71
109+withdraw a rule within a specified timeframe; 72
110+requiring the department to publish a notice of 73
111+withdrawal of the rule; providing for an agency to 74
112+adopt emergency rules if authorized by the 75
113+
114+CS/HB 433 2025
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116+
117+
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120+Page 4 of 66
121+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
122+
123+
124+
125+Legislature; requiring an agency to p ublish in the 76
126+Florida Administrative Register certain findings or 77
127+the citation granting the agency emergency rulemaking 78
128+authority; providing that an emergency rule expires 79
129+and must be withdrawn from ratification under certain 80
130+circumstances; requiring that emergency rules be 81
131+published in the Florida Administrative Code; 82
132+authorizing agencies to supersede an emergency rule 83
133+through adoption of another emergency rule; providing 84
134+requirements for adopting a new rule; authorizing an 85
135+agency to make technical changes to an emergency rule 86
136+during a specified timeframe; requiring that notice of 87
137+renewal of an emergency rule be published in the 88
138+Florida Administrative Register before the expiration 89
139+of the existing rule; requiring that the notice state 90
140+specified facts and re asons; requiring that emergency 91
141+rules be published in a certain section of the Florida 92
142+Administrative Code; requiring specified emergency 93
143+rules to contain a certain history note; providing 94
144+that certain emergency rules may be repealed by the 95
145+adopting agency at any time while the emergency rule 96
146+is in effect by publishing a certain notice in the 97
147+Florida Administrative Register; requiring an agency 98
148+to file a copy of a certain petition with the 99
149+committee; amending s. 120.541, F.S.; requiring an 100
150+
151+CS/HB 433 2025
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153+
154+
155+CODING: Words stricken are deletions; words underlined are additions.
156+hb433-01-c1
157+Page 5 of 66
158+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
159+
160+
161+
162+agency to provide a copy of a proposal for a lower 101
163+cost regulatory alternative to the committee within a 102
164+certain timeframe; specifying the circumstances under 103
165+which such proposal is deemed to be made in good 104
166+faith; requiring an agency to adopt, reject, or modify 105
167+the alternative proposal; revising requirements for an 106
168+agency's consideration of a lower cost regulatory 107
169+alternative; requiring an agency to revise its 108
170+statement of estimated regulatory costs if a rule is 109
171+modified in response to such alternatives; requiring 110
172+that the revised statement of estimated regulatory 111
173+costs be submitted to the rules ombudsman and be made 112
174+available in the same manner as the original; 113
175+providing that an agency's failure to publish a 114
176+specified statement is a material failure to follow 115
177+rulemaking procedures; requiring a good faith estimate 116
178+as to how many small businesses are likely to be 117
179+subject to the rule; removing the definition of the 118
180+term "transactional costs"; revising the applicability 119
181+of specified provisions; providing requirements for 120
182+the calculation of estimated regulatory costs; 121
183+requiring the department to include the agency website 122
184+on which statements of estimated regulatory costs can 123
185+be viewed; requiring an agency to take specified 124
186+actions relating to statements of estimated regulatory 125
187+
188+CS/HB 433 2025
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190+
191+
192+CODING: Words stricken are deletions; words underlined are additions.
193+hb433-01-c1
194+Page 6 of 66
195+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
196+
197+
198+
199+costs; creating s. 120.5435, F.S.; providing 126
200+legislative intent; requiring each agency to submit a 127
201+schedule of rules it plans to review each year over a 128
202+specified timeframe in the agency's annual regulatory 129
203+plan; authorizing an agency to amend such schedule; 130
204+requiring an agency to review a certain percentage of 131
205+rules each year; providing for repeal of the 132
206+requirement that the annual regulatory plan contain 133
207+such schedule; requiring agency review of rules and 134
208+repromulgation of rules that do not require 135
209+substantive changes within a specified timeframe; 136
210+requiring that such rules be reviewed periodically; 137
211+requiring the committee to provide each agency with a 138
212+specified list by a specified date; providing that the 139
213+failure of an agency to adhere to specified deadlines 140
214+constitutes a material failure and is the basis for a 141
215+specified objection; requiring an agency to publish a 142
216+notice of repromulgation in the Florida Administrative 143
217+Register and file a rule for repromulgation with the 144
218+department within a specified timeframe ; requiring an 145
219+agency to file a notice of repromulgation with the 146
220+committee within a specified timeframe; requiring the 147
221+committee to certify if the agency has provided 148
222+certain responses to the committee; providing that a 149
223+repromulgated rule is not subject t o challenge as a 150
224+
225+CS/HB 433 2025
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227+
228+
229+CODING: Words stricken are deletions; words underlined are additions.
230+hb433-01-c1
231+Page 7 of 66
232+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
233+
234+
235+
236+proposed rule and that certain hearing requirements do 151
237+not apply; requiring an agency to electronically file 152
238+with the department a certified copy of a proposed 153
239+repromulgated rule and any material incorporated by 154
240+reference; providing that a rule is considered 155
241+repromulgated upon filing with the department; 156
242+requiring the department to update certain information 157
243+in the Florida Administrative Code; requiring the 158
244+committee to submit a specified list to the 159
245+Legislature within a specified timeframe ; requiring 160
246+each agency to initiate rulemaking proceedings to 161
247+repeal certain rules within a specified timeframe if 162
248+certain conditions exist; requiring the department to 163
249+adopt rules by a certain date; amending s. 120.545, 164
250+F.S.; requiring, rather than author izing, the 165
251+committee to examine certain existing rules; amending 166
252+s. 120.55, F.S.; requiring the Department of State to 167
253+publish the Florida Administrative Register once each 168
254+business day by a specified time; providing 169
255+exceptions; requiring the department to note in the 170
256+register if a rule, proposed rule, or notice of rule 171
257+development was corrected or replaced; requiring that 172
258+certain rulemaking timeframes revert to the initial 173
259+date of publication; requiring the agency, rather than 174
260+the department, to publish sp ecified information at 175
261+
262+CS/HB 433 2025
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264+
265+
266+CODING: Words stricken are deletions; words underlined are additions.
267+hb433-01-c1
268+Page 8 of 66
269+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
270+
271+
272+
273+the beginning of specified sections of the Florida 176
274+Administrative Code; requiring that materials 177
275+incorporated by reference be filed in a specified 178
276+manner; requiring the department to include the date 179
277+of a technical rule change in the Florida 180
278+Administrative Code; providing that a technical change 181
279+does not affect the effective date of a rule; revising 182
280+the required contents of the Florida Administrative 183
281+Register; requiring the department to adopt specified 184
282+rules; amending s. 120.56, F.S. ; conforming a cross -185
283+reference; amending s. 120.74, F.S.; requiring an 186
284+agency to list each rule, except for emergency rules, 187
285+it plans to develop, adopt, or repeal during the 188
286+forthcoming year in the agency's annual regulatory 189
287+plan; requiring that an agency' s annual regulatory 190
288+plan identify any rules repromulgated over the 191
289+previous year and those that are required to be 192
290+repromulgated during the forthcoming year; requiring 193
291+the agency to make certain declarations concerning the 194
292+annual regulatory plan; requiring an agency to include 195
293+certain information regarding the prior year's 196
294+licensing practices in its annual regulatory plan; 197
295+amending ss. 120.80, 120.81, 420.9072, 420.9075, and 198
296+443.091, F.S.; conforming cross -references; providing 199
297+an effective date. 200
298+
299+CS/HB 433 2025
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304+hb433-01-c1
305+Page 9 of 66
306+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
307+
308+
309+
310+ 201
311+Be It Enacted by the Legislature of the State of Florida: 202
312+ 203
313+ Section 1. Subsections (16) through (19) and (20), (21), 204
314+and (22) of section 120.52, Florida Statutes, are renumbered as 205
315+subsections (17) through (20) and (22), (23), and (24), 206
316+respectively, present subsection (16) is amended, and new 207
317+subsections (16) and (21) are added to that section, to read: 208
318+ 120.52 Definitions. —As used in this act: 209
319+ (16) "Repromulgation" means the publication and adoption 210
320+of an existing rule following an agency's review of t he rule for 211
321+consistency with the powers and duties granted by the rule's 212
322+enabling statute. 213
323+ (17)(16) "Rule" means each agency statement of general 214
324+applicability that implements, interprets, or prescribes law or 215
325+policy or describes the procedure or practic e requirements of an 216
326+agency and includes any form or guidance document which imposes 217
327+any requirement or solicits any information not specifically 218
328+required by statute or by an existing rule. The term also 219
329+includes the amendment or repeal of a rule. The term does not 220
330+include: 221
331+ (a) Internal management memoranda which do not affect 222
332+either the private interests of any person or any plan or 223
333+procedure important to the public and which have no application 224
334+outside the agency issuing the memorandum. 225
335+
336+CS/HB 433 2025
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338+
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340+CODING: Words stricken are deletions; words underlined are additions.
341+hb433-01-c1
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343+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
344+
345+
346+
347+ (b) Legal memoranda or opinions issued to an agency by the 226
348+Attorney General or agency legal opinions prior to their use in 227
349+connection with an agency action. 228
350+ (c) The preparation or modification of: 229
351+ 1. Agency budgets. 230
352+ 2. Statements, memoranda, or instructions to sta te 231
353+agencies issued by the Chief Financial Officer or Comptroller as 232
354+chief fiscal officer of the state and relating or pertaining to 233
355+claims for payment submitted by state agencies to the Chief 234
356+Financial Officer or Comptroller. 235
357+ 3. Contractual provisions re ached as a result of 236
358+collective bargaining. 237
359+ 4. Memoranda issued by the Executive Office of the 238
360+Governor relating to information resources management. 239
361+ (21) "Technical change" means a change limited to 240
362+correcting grammatical, typographical, and similar e rrors not 241
363+affecting the substance of a rule. 242
364+ Section 2. Paragraph (i) of subsection (1), subsections 243
365+(2) and (3), paragraphs (a) and (c) of subsection (4), and 244
366+paragraph (a) of subsection (7) of section 120.54, Florida 245
367+Statutes, are amended, and paragraphs (e) through (j) are added 246
368+to subsection (4) of that section, to read: 247
369+ 120.54 Rulemaking.— 248
370+ (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN 249
371+EMERGENCY RULES.— 250
372+
373+CS/HB 433 2025
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375+
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377+CODING: Words stricken are deletions; words underlined are additions.
378+hb433-01-c1
379+Page 11 of 66
380+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
381+
382+
383+
384+ (i)1. A rule may incorporate material by reference but 251
385+only as the material exists on the date the rule is adopted. For 252
386+purposes of the rule, changes in the material are not effective 253
387+unless the rule is amended to incorporate the changes. 254
388+ 2. An agency rule that incorporates by specific reference 255
389+another rule of that agency au tomatically incorporates 256
390+subsequent amendments to the referenced rule unless a contrary 257
391+intent is clearly indicated in the referencing rule. A notice of 258
392+amendments to a rule that has been incorporated by specific 259
393+reference in other rules of that agency mus t explain the effect 260
394+of those amendments on the referencing rules. 261
395+ 3. In rules adopted after December 31, 2010, and rules 262
396+amended or repromulgated on or after July 1, 2025, material may 263
397+not be incorporated by reference unless: 264
398+ a. The material has been submitted in the prescribed 265
399+electronic format to the Department of State and the full text 266
400+of the material can be made available for free public access 267
401+through an electronic hyperlink from the rule making the 268
402+reference in the Florida Administrative Code; o r 269
403+ b. The agency has determined that posting the material on 270
404+the Internet for purposes of public examination and inspection 271
405+would constitute a violation of federal copyright law, in which 272
406+case a statement to that effect, along with the address of 273
407+locations at the Department of State and the agency at which the 274
408+material is available for public inspection and examination, 275
409+
410+CS/HB 433 2025
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415+hb433-01-c1
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417+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
418+
419+
420+
421+must be included in the notice required by subparagraph (3)(a)1. 276
422+ 4. A rule may not be amended by reference only. Amendments 277
423+must set out the amended rule in full in the same manner as 278
424+required by the State Constitution for laws. 279
425+ 5. Notwithstanding any contrary provision in this section, 280
426+when an adopted rule of the Department of Environmental 281
427+Protection or a water management district is i ncorporated by 282
428+reference in the other agency's rule to implement a provision of 283
429+part IV of chapter 373, subsequent amendments to the rule are 284
430+not effective as to the incorporating rule unless the agency 285
431+incorporating by reference notifies the committee and the 286
432+Department of State of its intent to adopt the subsequent 287
433+amendment, publishes notice of such intent in the Florida 288
434+Administrative Register, and files with the Department of State 289
435+a copy of the amended rule incorporated by reference. Changes in 290
436+the rule incorporated by reference are effective as to the other 291
437+agency 20 days after the date of the published notice and filing 292
438+with the Department of State. The Department of State shall 293
439+amend the history note of the incorporating rule to show the 294
440+effective date of such change. Any substantially affected person 295
441+may, within 14 days after the date of publication of the notice 296
442+of intent in the Florida Administrative Register, file an 297
443+objection to rulemaking with the agency. The objection must 298
444+shall specify the portions of the rule incorporated by reference 299
445+to which the person objects and the reasons for the objection. 300
446+
447+CS/HB 433 2025
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449+
450+
451+CODING: Words stricken are deletions; words underlined are additions.
452+hb433-01-c1
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454+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
455+
456+
457+
458+The agency does shall not have the authority under this 301
459+subparagraph to adopt those portions of the rule specified in 302
460+such objection. The agency sha ll publish notice of the objection 303
461+and of its action in response in the next available issue of the 304
462+Florida Administrative Register. 305
463+ 6. The Department of State may adopt by rule requirements 306
464+for incorporating materials pursuant to this paragraph. 307
465+ (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING. — 308
466+ (a)1. Except when the intended action is the repeal of a 309
467+rule, agencies shall provide notice of the development of 310
468+proposed rules by publication of a notice of rule development in 311
469+the Florida Administra tive Register at least 7 days before 312
470+providing notice of a proposed rule as required by paragraph 313
471+(3)(a). The notice of rule development must shall indicate the 314
472+subject area to be addressed by rule development, provide a 315
473+short, plain explanation of the pur pose and effect of the 316
474+proposed rule, cite the grant of rulemaking authority for the 317
475+proposed rule and the law being implemented specific legal 318
476+authority for the proposed rule , and include the proposed rule 319
477+number and the preliminary text of the proposed r ules, if 320
478+available, or a statement of how a person may promptly obtain, 321
479+without cost, a copy of any preliminary draft, when if 322
480+available. The notice must also include a request for the 323
481+submission of any information that would be helpful to the 324
482+agency in preparing the statement of estimated regulatory costs 325
483+
484+CS/HB 433 2025
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488+CODING: Words stricken are deletions; words underlined are additions.
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491+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
492+
493+
494+
495+required pursuant to paragraph (3)(b) and a statement of how a 326
496+person may submit comments on the proposal and how a person may 327
497+provide information regarding the potential regulatory costs. 328
498+ 2. A notice of a proposed rule must be published in the 329
499+Florida Administrative Register within 12 months after the most 330
500+recent notice of rule development. 331
501+ (b) All rules should be drafted in readable language. The 332
502+language is readable if it: 333
503+ 1. It Avoids the use of obscure words and unnecessarily 334
504+long or complicated constructions; and 335
505+ 2. It Avoids the use of unnecessary technical or 336
506+specialized language that is understood only by members of 337
507+particular trades or professions. 338
508+ (c) An agency may hold public workshops for purposes of 339
509+rule development and information gathering for the preparation 340
510+of the statement of estimated regulatory costs . If requested in 341
511+writing by any affected person, an agency must hold public 342
512+workshops, including workshops in various regions of this the 343
513+state or the agency's service area, for purposes of rule 344
514+development and information gathering for the preparation of the 345
515+statement of estimated regulatory costs if requested in writing 346
516+by any affected person , unless the agency head explains in 347
517+writing why a workshop is unnecessary. The explanation is not 348
518+final agency action subject to review pursuant to ss. 120.569 349
519+and 120.57. The failure to provide the explanation when required 350
520+
521+CS/HB 433 2025
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524+
525+CODING: Words stricken are deletions; words underlined are additions.
526+hb433-01-c1
527+Page 15 of 66
528+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
529+
530+
531+
532+may be a material error in procedure pursuant to s. 351
533+120.56(1)(c). When a workshop or public hearing is held, the 352
534+agency must ensure that the persons responsible for preparing 353
535+the proposed rule and the statement of estimated regulatory 354
536+costs are available to receive public input, to explain the 355
537+agency's proposal, and to respond to questions or comments 356
538+regarding the rule being developed and the statement of 357
539+estimated regulatory costs . The workshop may be facilitated or 358
540+mediated by a neutral third person, or the agency may employ 359
541+other types of dispute resolution alternatives for the workshop 360
542+that are appropriate for rule development and for preparation of 361
543+the statement of estimated regulatory costs . Notice of a 362
544+workshop for rule development and for preparation of the 363
545+statement of estimated regulatory costs must workshop shall be 364
546+by publication in the Florida Administrative Register not less 365
547+than 14 days before prior to the date on which the workshop is 366
548+scheduled to be held and must shall indicate the subject area 367
549+that which will be addressed; the agency contact person; and the 368
550+place, date, and time of the workshop. 369
551+ (d)1. An agency may use negotiated rulemaking in 370
552+developing and adopting rules. The agency should consider the 371
553+use of negotiated rulemaking when complex rules are being 372
554+drafted or strong opposition to the rules is anticipated. The 373
555+agency should consider, but is not limited to considering, 374
556+whether a balanced committee of interested persons who will 375
557+
558+CS/HB 433 2025
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563+hb433-01-c1
564+Page 16 of 66
565+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
566+
567+
568+
569+negotiate in good faith can be assembled, whether the agency is 376
570+willing to support the work of the negotiating committee , and 377
571+whether the agency can use the group consensus as the basis for 378
572+its proposed rule. Negotiated rulemaking uses a committee of 379
573+designated representatives to draft a mutually acceptable 380
574+proposed rule and to develop information necessary to prepare a 381
575+statement of estimated regulatory costs, when applicable . 382
576+ 2. An agency that chooses to use the negotiated rulemaking 383
577+process described in this paragraph shall publish in the Florida 384
578+Administrative Register a notice of negotiated rulemaking that 385
579+includes a listing of the representative groups that will be 386
580+invited to participate in the negotiated rulemaking process. Any 387
581+person who believes that his or her interest is not adequately 388
582+represented may apply to participate within 30 days after 389
583+publication of the no tice. All meetings of the negotiating 390
584+committee must shall be noticed and open to the public pursuant 391
585+to the provisions of this chapter. The negotiating committee 392
586+shall be chaired by a neutral facilitator or mediator. 393
587+ 3. The agency's decision to use nego tiated rulemaking, its 394
588+selection of the representative groups, and approval or denial 395
589+of an application to participate in the negotiated rulemaking 396
590+process are not agency action. Nothing in This subparagraph is 397
591+not intended to affect the rights of a substantially an affected 398
592+person to challenge a proposed rule developed under this 399
593+paragraph in accordance with s. 120.56(2). 400
594+
595+CS/HB 433 2025
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597+
598+
599+CODING: Words stricken are deletions; words underlined are additions.
600+hb433-01-c1
601+Page 17 of 66
602+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
603+
604+
605+
606+ (3) ADOPTION PROCEDURES. — 401
607+ (a) Notices.— 402
608+ 1. Before Prior to the adoption, amendment, or repeal of 403
609+any rule other than an emergency rule, an agency, upon approval 404
610+of the agency head, shall give notice of its intended action, 405
611+setting forth a short, plain explanation of the purpose and 406
612+effect of the proposed action; the proposed rule number and full 407
613+text of the proposed rule or amendment and a summary thereof; a 408
614+reference to the grant of rulemaking authority pursuant to which 409
615+the rule is adopted; and a reference to the section or 410
616+subsection of the Florida Statutes or the Laws of Florida being 411
617+implemented or interpreted. The notice must in clude a concise 412
618+summary of the agency's statement of the estimated regulatory 413
619+costs, if one has been prepared , based on the factors set forth 414
620+in s. 120.541(2) which describes the regulatory impact of the 415
621+rule in readable language; an agency website address where the 416
622+statement of estimated regulatory costs can be viewed in its 417
623+entirety; a statement that any person who wishes to provide the 418
624+agency with information regarding the statement of estimated 419
625+regulatory costs, or to provide a proposal for a lower cost 420
626+regulatory alternative as provided by s. 120.541(1), must do so 421
627+in writing within 21 days after publication of the notice; a 422
628+request for the submission of any information that could be 423
629+helpful to the agency regarding the statement of estimated 424
630+regulatory costs; and a statement as to whether, based on the 425
631+
632+CS/HB 433 2025
633+
634+
635+
636+CODING: Words stricken are deletions; words underlined are additions.
637+hb433-01-c1
638+Page 18 of 66
639+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
640+
641+
642+
643+statement of the estimated regulatory costs or other information 426
644+expressly relied upon and described by the agency if no 427
645+statement of regulatory costs is required , the proposed rule is 428
646+expected to require legislative ratification pursuant to s. 429
647+120.541(3). The notice must state the procedure for requesting a 430
648+public hearing on the proposed rule. Except when the intended 431
649+action is the repeal of a rule, the notice must include a 432
650+reference both to the date on w hich and to the place where the 433
651+notice of rule development that is required by subsection (2) 434
652+appeared. 435
653+ 2. The notice must shall be published in the Florida 436
654+Administrative Register at least not less than 28 days before 437
655+prior to the intended action. The p roposed rule, including all 438
656+materials proposed to be incorporated by reference and the 439
657+statement of estimated regulatory costs, must shall be available 440
658+for inspection and copying by the public at the time of the 441
659+publication of notice. Material proposed to be incorporated by 442
660+reference in the notice must be made available in the manner 443
661+prescribed by sub-subparagraph (1)(i)3.a. or sub -subparagraph 444
662+(1)(i)3.b. 445
663+ 3. The notice must shall be mailed or delivered 446
664+electronically to all persons named in the proposed r ule and 447
665+mailed or delivered electronically to all persons who, at least 448
666+14 days before publication of the notice prior to such mailing , 449
667+have made requests of the agency for advance notice of its 450
668+
669+CS/HB 433 2025
670+
671+
672+
673+CODING: Words stricken are deletions; words underlined are additions.
674+hb433-01-c1
675+Page 19 of 66
676+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
677+
678+
679+
680+proceedings. The agency shall also give such notice as is 451
681+prescribed by rule to those particular classes of persons to 452
682+whom the intended action is directed. 453
683+ 4. The adopting agency shall file with the committee, at 454
684+least 21 days before prior to the proposed adoption date, a copy 455
685+of each rule it proposes to adopt; a copy of any material 456
686+incorporated by reference in the rule; a detailed written 457
687+statement of the facts and circumstances justifying the proposed 458
688+rule; a copy of the any statement of estimated regulatory costs 459
689+that has been prepared pursuant to s. 120.541; a statement of 460
690+the extent to which the proposed rule relates to federal 461
691+standards or rules on the same subject; and the notice required 462
692+by subparagraph 1. 463
693+ (b) Special matters to be considered in rule adoption. — 464
694+ 1. Statement of estimated regulatory costs. —Before the 465
695+adoption or, amendment, or repeal of any rule, other than an 466
696+emergency rule, an agency must is encouraged to prepare a 467
697+statement of estimated regulatory costs of the proposed rule, as 468
698+provided by s. 120.541. The statement must include a cost -469
699+benefit analysis that evaluates whether the projected benefits 470
700+of the existing rule or proposed rule exceed its projected 471
701+costs. However, an agency is not required to prepare a statement 472
702+of estimated regulatory costs for a proposed rule repeal unless 473
703+such repeal would impose a regulatory cost. In any challenge to 474
704+a proposed rule repeal, a proposed rule repeal that only reduces 475
705+
706+CS/HB 433 2025
707+
708+
709+
710+CODING: Words stricken are deletions; words underlined are additions.
711+hb433-01-c1
712+Page 20 of 66
713+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
714+
715+
716+
717+or eliminates regulations on those individuals or entities 476
718+regulated by the existing rule must be considered presumptively 477
719+correct in any proceeding before the division or in any 478
720+proceeding before a court of competent jurisdiction However, an 479
721+agency must prepare a statement of estimated regulatory costs of 480
722+the proposed rule, as provided by s. 120.541, if: 481
723+ a. The proposed rule will have an adverse impact on small 482
724+business; or 483
725+ b. The proposed rule is likely to directly or indirectly 484
726+increase regulatory costs in excess of $200,000 in the aggregate 485
727+in this state within 1 year after the implementation of the 486
728+rule. 487
729+ 2. Small businesses, small counties, and small cities. — 488
730+ a. For purposes of this subsection and s. 120.541(2), an 489
731+adverse impact on small businesses, as defined in s. 288.703 or 490
732+sub-subparagraph b., exists if, for any small business: 491
733+ (I) An owner, officer, operator, or manager must complete 492
734+any education, training, or testing to comply, or is likely to 493
735+spend at least 10 hours or purchase professional advice to 494
736+understand and comply, with the rule in the first year; 495
737+ (II) Taxes or fees asses sed on transactions are likely to 496
738+increase by $500 or more in the aggregate in 1 year; 497
739+ (III) Prices charged for goods and services are restricted 498
740+or are likely to increase because of the rule; 499
741+ (IV) Specially trained, licensed, or tested employees will 500
742+
743+CS/HB 433 2025
744+
745+
746+
747+CODING: Words stricken are deletions; words underlined are additions.
748+hb433-01-c1
749+Page 21 of 66
750+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
751+
752+
753+
754+be required because of the rule; 501
755+ (V) Operating costs are expected to increase by at least 502
756+$1,000 annually because of the rule; or 503
757+ (VI) Capital expenditures in excess of $1,000 are 504
758+necessary to comply with the rule. 505
759+ b. Each agency, before the adoption , amendment, or repeal 506
760+of a rule, shall consider the impact of the rule on small 507
761+businesses as defined in by s. 288.703 and the impact of the 508
762+rule on small counties or small cities as defined in by s. 509
763+120.52. Whenever practicable, an agency shall tier its rules to 510
764+reduce disproportionate impacts on small businesses, small 511
765+counties, or small cities to avoid regulating small businesses, 512
766+small counties, or small cities that do not contribute 513
767+significantly to the problem the rule is designed to address. An 514
768+agency may define "small business" to include businesses 515
769+employing more than 200 persons, may define "small county" to 516
770+include those with populations of more than 75,000, and may 517
771+define "small city" to include those with populations of more 518
772+than 10,000, if it finds that such a definition is necessary to 519
773+adapt a rule to the needs and problems of small businesses, 520
774+small counties, or small cities. The agency shall consider each 521
775+of the following methods for reducing the impact of the proposed 522
776+rule on small business es, small counties, and small cities, or 523
777+any combination of these entities: 524
778+ (I) Establishing less stringent compliance or reporting 525
779+
780+CS/HB 433 2025
781+
782+
783+
784+CODING: Words stricken are deletions; words underlined are additions.
785+hb433-01-c1
786+Page 22 of 66
787+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
788+
789+
790+
791+requirements in the rule. 526
792+ (II) Establishing less stringent schedules or deadlines in 527
793+the rule for compliance or reportin g requirements. 528
794+ (III) Consolidating or simplifying the rule's compliance 529
795+or reporting requirements. 530
796+ (IV) Establishing performance standards or best management 531
797+practices to replace design or operational standards in the 532
798+rule. 533
799+ (V) Exempting small busin esses, small counties, or small 534
800+cities from any or all requirements of the rule. 535
801+ c.(I)b.(I) If the agency determines that the proposed 536
802+action will affect small businesses as defined by the agency as 537
803+provided in sub-subparagraph b. a., the agency must shall send 538
804+written notice of the rule to the rules ombudsman in the 539
805+Executive Office of the Governor at least 28 days before the 540
806+intended action. 541
807+ (II) Each agency shall adopt those regulatory alternatives 542
808+offered by the rules ombudsman in the Executive Offi ce of the 543
809+Governor and provided to the agency no later than 21 days after 544
810+the rules ombudsman's receipt of the written notice of the rule 545
811+which it finds are feasible and consistent with the stated 546
812+objectives of the proposed rule and which would reduce the 547
813+impact on small businesses. When regulatory alternatives are 548
814+offered by the rules ombudsman in the Executive Office of the 549
815+Governor, the 90-day period for filing the rule in subparagraph 550
816+
817+CS/HB 433 2025
818+
819+
820+
821+CODING: Words stricken are deletions; words underlined are additions.
822+hb433-01-c1
823+Page 23 of 66
824+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
825+
826+
827+
828+(e)2. is extended for a period of 21 days. The agency shall 551
829+provide notice to the committee of any regulatory alternative 552
830+offered to the agency pursuant to this sub -subparagraph at least 553
831+21 days before filing the proposed rule for adoption. 554
832+ (III) If an agency does not adopt all alternatives offered 555
833+pursuant to this sub -subparagraph, it must shall, before rule 556
834+adoption or amendment and pursuant to subparagraph (d)1., file a 557
835+detailed written statement with the committee explaining the 558
836+reasons for failure to adopt such alternatives. Within 3 working 559
837+days after the filing of s uch notice, the agency shall send a 560
838+copy of such notice to the rules ombudsman in the Executive 561
839+Office of the Governor. 562
840+ (c) Hearings.— 563
841+ 1. If the intended action concerns any rule other than one 564
842+relating exclusively to procedure or practice, the agency must 565
843+shall, on the request of any affected person received within 21 566
844+days after the date of publication of the notice of intended 567
845+agency action, give affected persons an opportunity to present 568
846+evidence and argument on all issues under consideration. The 569
847+agency may schedule a public hearing on the proposed rule and, 570
848+if requested by any affected person, must shall schedule a 571
849+public hearing on the proposed rule. When a public hearing is 572
850+held, the agency must ensure that the persons responsible for 573
851+preparing the proposed rule and the statement of estimated 574
852+regulatory costs staff are in attendance available to explain 575
853+
854+CS/HB 433 2025
855+
856+
857+
858+CODING: Words stricken are deletions; words underlined are additions.
859+hb433-01-c1
860+Page 24 of 66
861+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
862+
863+
864+
865+the agency's proposal and to respond to questions or comments 576
866+regarding the proposed rule, the statement of estimated 577
867+regulatory costs, and the agency's decision on whether to adopt 578
868+a lower cost regulatory alternative submitted pursuant to s. 579
869+120.541(1)(a). If the agency head is a board or other collegial 580
870+body created under s. 20.165(4) or s. 20.43(3)(g), and one or 581
871+more requested public hearings is scheduled, the board or other 582
872+collegial body must shall conduct at least one of the public 583
873+hearings itself and may not delegate this responsibility without 584
874+the consent of those persons requesting the public hearing. Any 585
875+material pertinent to the issues under consideration submitted 586
876+to the agency within 21 days after the date of publication of 587
877+the notice or submitted to the agency between the date of 588
878+publication of the notice and the end of the final public 589
879+hearing must shall be considered by the agency a nd made a part 590
880+of the record of the rulemaking proceeding. 591
881+ 2. Rulemaking proceedings are shall be governed solely by 592
882+the provisions of this section unless a person timely asserts 593
883+that the person's substantial interests will be affected in the 594
884+proceeding and affirmatively demonstrates to the agency that the 595
885+proceeding does not provide adequate opportunity to protect 596
886+those interests. If the agency determines that the rulemaking 597
887+proceeding is not adequate to protect the person's interests, it 598
888+must shall suspend the rulemaking proceeding and convene a 599
889+separate proceeding under the provisions of ss. 120.569 and 600
890+
891+CS/HB 433 2025
892+
893+
894+
895+CODING: Words stricken are deletions; words underlined are additions.
896+hb433-01-c1
897+Page 25 of 66
898+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
899+
900+
901+
902+120.57. The agency shall publish in the Florida Administrative 601
903+Register a notice of convening a separate proceeding. Similarly 602
904+situated persons may be r equested to join and participate in the 603
905+separate proceeding. Upon conclusion of the separate proceeding, 604
906+the rulemaking proceeding shall be resumed. All timelines in 605
907+this section are tolled during any suspension of the rulemaking 606
908+proceeding under this subp aragraph, beginning on the date the 607
909+notice of convening a separate proceeding is published, and the 608
910+timelines shall resume the day after conclusion of the separate 609
911+proceedings, notice of which must be provided to the committee. 610
912+ (d) Modification or withdr awal of proposed rules. — 611
913+ 1. After the final public hearing on the proposed rule, or 612
914+after the time for requesting a hearing has expired, if the 613
915+proposed rule has not been changed from the proposed rule as 614
916+previously filed with the committee, or contains only technical 615
917+changes, the adopting agency shall file a notice to that effect 616
918+with the committee at least 7 days before prior to filing the 617
919+proposed rule for adoption. Any change, other than a technical 618
920+change that does not affect the substance of the rul e, must be 619
921+supported by the record of public hearings held on the proposed 620
922+rule, must be in response to written material submitted to the 621
923+agency within 21 days after the date of publication of the 622
924+notice of intended agency action or submitted to the agency 623
925+between the date of publication of the notice and the end of the 624
926+final public hearing, or must be in response to a proposed 625
927+
928+CS/HB 433 2025
929+
930+
931+
932+CODING: Words stricken are deletions; words underlined are additions.
933+hb433-01-c1
934+Page 26 of 66
935+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
936+
937+
938+
939+objection by the committee. Any change, other than a technical 626
940+change, to a statement of estimated regulatory costs requires a 627
941+notice of change. In addition, when any change, other than a 628
942+technical change, to is made in a proposed rule text or any 629
943+material incorporated by reference requires , other than a 630
944+technical change, the adopting agency to shall provide a copy of 631
945+a notice of change by certified mail or actual delivery to any 632
946+person who requests it in writing no later than 21 days after 633
947+the notice required in paragraph (a). The agency shall file the 634
948+notice of change with the committee, along with the reasons for 635
949+the change, and provide the notice of change to persons 636
950+requesting it, at least 21 days before prior to filing the 637
951+proposed rule for adoption. The notice of change must shall be 638
952+published in the Florida Administrative Register at least 21 639
953+days before prior to filing the proposed rule for adoption. The 640
954+notice of change must include a summary of any revision of the 641
955+statement of estimated regulatory costs required by s. 642
956+120.541(1)(c). This subparagraph does not apply to emergency 643
957+rules adopted pursuant to subsection (4). Material proposed to 644
958+be incorporated by reference in the notice required by this 645
959+subparagraph must be made available in the manner prescribed by 646
960+sub-subparagraph (1)(i)3.a. or sub -subparagraph (1)(i)3.b. and 647
961+include a summary of substantive revisions to any mater ial 648
962+proposed to be incorporated by reference in the proposed rule. 649
963+ 2. After the notice required by paragraph (a) and before 650
964+
965+CS/HB 433 2025
966+
967+
968+
969+CODING: Words stricken are deletions; words underlined are additions.
970+hb433-01-c1
971+Page 27 of 66
972+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
973+
974+
975+
976+prior to adoption, the agency may withdraw the proposed rule in 651
977+whole or in part. 652
978+ 3. After the notice required by paragraph (a), the agency 653
979+must withdraw the proposed rule if the agency has failed to 654
980+adopt it within the prescribed timeframes in this chapter. If 655
981+the agency, 30 days after notice by the committee that the 656
982+agency has failed to adopt the proposed rule within the 657
983+prescribed timeframes in this chapter, has not given notice of 658
984+the withdrawal of the proposed rule, the committee must notify 659
985+the Department of State that the date for adoption of the rule 660
986+has expired, and the Department of State must publish a notice 661
987+of withdrawal of the proposed rule. 662
988+ 4. After adoption and before the rule becomes effective, a 663
989+rule may be modified or withdrawn only in the following 664
990+circumstances: 665
991+ a. When the committee objects to the rule; 666
992+ b. When a final order, which is not subject to further 667
993+appeal, is entered in a rule challenge brought pursuant to s. 668
994+120.56 after the date of adoption but before the rule becomes 669
995+effective pursuant to subparagraph (e)6.; 670
996+ c. If the rule requires ratification, when more than 90 671
997+days have passed since the rule was filed for adoption without 672
998+the Legislature does not ratify ratifying the rule by the 673
999+adjournment sine die of the regular session immediately 674
1000+following the filing for adoption of the rule , in which case the 675
1001+
1002+CS/HB 433 2025
1003+
1004+
1005+
1006+CODING: Words stricken are deletions; words underlined are additions.
1007+hb433-01-c1
1008+Page 28 of 66
1009+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
1010+
1011+
1012+
1013+rule must may be withdrawn, and within 90 days after adjournment 676
1014+sine die, the agency: 677
1015+ (I) May initiate rulemaking again by publishing the notice 678
1016+required under s. 120.54(3)(a); or 679
1017+ (II) Must initiate rulemaking again by publishing the 680
1018+notice required by s. 120.54(3)(a), if the mandatory g rant of 681
1019+rulemaking authority the agency relied upon as authority to 682
1020+pursue the original rule action is still in effect at the time 683
1021+of the original rule's withdrawal but may not be modified ; or 684
1022+ d. When the committee notifies the agency that an 685
1023+objection to the rule is being considered, in which case the 686
1024+rule may be modified to extend the effective date by not more 687
1025+than 60 days. 688
1026+ 5.4. The agency shall give notice of its decision to 689
1027+withdraw or modify a rule in the first available issue of the 690
1028+publication in which the original notice of rulemaking was 691
1029+published, shall notify those persons described in subparagraph 692
1030+(a)3. in accordance with the requirements of that subparagraph, 693
1031+and shall notify the Department of State if the rule is required 694
1032+to be filed with the Department of State. 695
1033+ 6.5. After a rule has become effective, it may be repealed 696
1034+or amended only through the rulemaking procedures specified in 697
1035+this chapter. 698
1036+ (e) Filing for final adoption; effective date. — 699
1037+ 1. If the adopting agency is required to publish its rules 700
1038+
1039+CS/HB 433 2025
1040+
1041+
1042+
1043+CODING: Words stricken are deletions; words underlined are additions.
1044+hb433-01-c1
1045+Page 29 of 66
1046+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
1047+
1048+
1049+
1050+in the Florida Administrative Code, the agency, upon approval of 701
1051+the agency head, must electronically shall file with the 702
1052+Department of State a three certified copy copies of the rule it 703
1053+proposes to adopt; one copy of any material incorpo rated by 704
1054+reference in the rule, certified by the agency; a summary of the 705
1055+rule; a summary of any hearings held on the rule; and a detailed 706
1056+written statement of the facts and circumstances justifying the 707
1057+rule. Agencies not required to publish their rules in the 708
1058+Florida Administrative Code shall file one certified copy of the 709
1059+proposed rule, and the other material required by this 710
1060+subparagraph, in the office of the agency head, and such rules 711
1061+must shall be open to the public. 712
1062+ 2. A rule may not be filed for a doption less than 28 days 713
1063+or more than 90 days after the notice required by paragraph (a), 714
1064+until 21 days after the notice of change required by paragraph 715
1065+(d), until 14 days after the final public hearing, until 21 days 716
1066+after a statement of estimated regula tory costs required under 717
1067+s. 120.541 has been provided to all persons who submitted a 718
1068+lower cost regulatory alternative and made available to the 719
1069+public at a readily accessible page on the agency's website , or 720
1070+until the administrative law judge has rendere d a decision under 721
1071+s. 120.56(2), whichever applies. When a required notice of 722
1072+change is published before prior to the expiration of the time 723
1073+to file the rule for adoption, the period during which a rule 724
1074+must be filed for adoption is extended to 45 days aft er the date 725
1075+
1076+CS/HB 433 2025
1077+
1078+
1079+
1080+CODING: Words stricken are deletions; words underlined are additions.
1081+hb433-01-c1
1082+Page 30 of 66
1083+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
1084+
1085+
1086+
1087+of publication. If notice of a public hearing is published 726
1088+before prior to the expiration of the time to file the rule for 727
1089+adoption, the period during which a rule must be filed for 728
1090+adoption is extended to 45 days after adjournment of the final 729
1091+hearing on the rule, 21 days after receipt of all material 730
1092+authorized to be submitted at the hearing, or 21 days after 731
1093+receipt of the transcript, if one is made, whichever is latest. 732
1094+The term "public hearing" includes any public meeting held by 733
1095+any agency at which the rule is considered. If a petition for an 734
1096+administrative determination under s. 120.56(2) is filed, the 735
1097+period during which a rule must be filed for adoption is 736
1098+extended to 60 days after the administrative law judge files the 737
1099+final order with the clerk or until 60 days after subsequent 738
1100+judicial review is complete. 739
1101+ 3. At the time a rule is filed, the agency shall certify 740
1102+that the time limitations prescribed by this paragraph have been 741
1103+complied with, that all statutory rulemaking requirements h ave 742
1104+been met, and that there is no administrative determination 743
1105+pending on the rule. 744
1106+ 4. At the time a rule is filed, the committee shall 745
1107+certify whether the agency has responded in writing to all 746
1108+material and timely written comments or written inquiries made 747
1109+on behalf of the committee. The Department of State shall reject 748
1110+any rule that is not filed within the prescribed time limits; 749
1111+that does not comply with all statutory rulemaking requirements 750
1112+
1113+CS/HB 433 2025
1114+
1115+
1116+
1117+CODING: Words stricken are deletions; words underlined are additions.
1118+hb433-01-c1
1119+Page 31 of 66
1120+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
1121+
1122+
1123+
1124+and rules of the Department of State; upon which an agency h as 751
1125+not responded in writing to all material and timely written 752
1126+inquiries or written comments; upon which an administrative 753
1127+determination is pending; or which does not include a statement 754
1128+of estimated regulatory costs, if required. 755
1129+ 5. If a rule has not be en adopted within the time limits 756
1130+imposed by this paragraph or has not been adopted in compliance 757
1131+with all statutory rulemaking requirements, the agency proposing 758
1132+the rule must shall withdraw the proposed rule and give notice 759
1133+of its action in the next avai lable issue of the Florida 760
1134+Administrative Register. If the agency has not published notice 761
1135+of withdrawal of the rule during the 30 days after receiving 762
1136+notice from the committee that the agency has failed to withdraw 763
1137+the rule, the committee must notify the Department of State that 764
1138+the date for adoption of the rule has expired, and the 765
1139+Department of State must publish a notice of withdrawal of the 766
11401140 rule. 767
1141- (h) An agency may make technical changes to an emergency 768
1142-rule within the first 7 days after the rule is adopted, and such 769
1143-changes must be published in the Florida Administrative Regist er 770
1144-as a notice of correction. 771
1145- (i)(d) Subject to applicable constitutional and statutory 772
1146-provisions, an emergency rule becomes effective immediately on 773
1147-filing, or on a date less than 20 days thereafter if specified 774
1148-in the rule, if the adopting agency find s that such effective 775
1149-
1150-CS/CS/HB 433 2025
1151-
1152-
1153-
1154-CODING: Words stricken are deletions; words underlined are additions.
1155-hb433-02-c2
1156-Page 32 of 54
1157-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
1158-
1159-
1160-
1161-date is necessary because of immediate danger to the public 776
1162-health, safety, or welfare. 777
1163- (j) An agency may repeal an emergency rule before it 778
1164-expires by providing notice of its intended action in the 779
1165-Florida Administrative Register. The notice must include the 780
1166-full text of the emergency rule and a summary thereof; if 781
1167-applicable, a reference to the rule number; and a short, plain 782
1168-explanation as to why the conditions specified in accordance 783
1169-with paragraph (a) no longer require the emerg ency rule. 784
1170- (7) PETITION TO INITIATE RULEMAKING. — 785
1171- (a) Any person regulated by an agency or having 786
1172-substantial interest in an agency rule may petition an agency to 787
1173-adopt, amend, or repeal a rule or to provide the minimum public 788
1174-information required by th is chapter. The petition must shall 789
1175-specify the proposed rule and action requested. The agency shall 790
1176-provide to the committee a copy of the petition within 7 days 791
1177-after its receipt. No Not later than 30 calendar days following 792
1178-the date of filing a petition, the agency shall initiate 793
1179-rulemaking proceedings under this chapter, otherwise comply with 794
1180-the requested action, or deny the petition with a written 795
1181-statement of its reasons for the deni al. The agency shall notify 796
1182-the committee of its intended action or response within 7 days. 797
1183- Section 4. Subsections (1) and (3) of section 120.541, 798
1184-Florida Statutes, are amended, paragraph (d) is added to 799
1185-subsection (4), and new subsections (6) and (7) are added to 800
1186-
1187-CS/CS/HB 433 2025
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1194-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
1195-
1196-
1197-
1198-that section, to read: 801
1199- 120.541 Statement of estimated regulatory costs. — 802
1200- (1)(a) Within 21 days after publication of the notice 803
1201-required under s. 120.54(3)(a), a substantially affected person 804
1202-may submit to an agency a good faith written proposal for a 805
1203-lower cost regulatory alternative to a proposed rule which 806
1204-substantially accomplishes the objectives of the law being 807
1205-implemented. The proposal may include the alternative of not 808
1206-adopting any rule if the proposal explains how the lower costs 809
1207-and objectives of the law will be achieved by not adopting any 810
1208-rule. If submitted after a n otice of change, a proposal for a 811
1209-lower cost regulatory alternative is deemed to be made in good 812
1210-faith only if the person reasonably believes, and the proposal 813
1211-states the person's reasons for believing that the proposed 814
1212-rule, as changed by the notice of ch ange, increases the 815
1213-regulatory costs or creates an adverse impact on small 816
1214-businesses which was not created by the previously proposed 817
1215-rule. If such a proposal is submitted, the 90 -day period for 818
1216-filing the rule is extended 21 days. Upon the submission of the 819
1217-lower cost regulatory alternative, the agency shall prepare a 820
1218-statement of estimated regulatory costs as provided in 821
1219-subsection (2), or shall revise its prior statement of estimated 822
1220-regulatory costs, and either adopt the alternative or provide a 823
1221-statement of the reasons for rejecting the alternative in favor 824
1222-of the proposed rule. The agency shall provide to the committee, 825
1223-
1224-CS/CS/HB 433 2025
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1231-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
1232-
1233-
1234-
1235-within 7 days after its receipt, a copy of any proposal for a 826
1236-lower cost regulatory alternative, and within 7 days after its 827
1237-release, a copy of the agency's response thereto. The agency may 828
1238-not file a rule for adoption before such documents, if 829
1239-applicable, have been provided to the committee. 830
1240- (3) If the adverse impact or regulatory costs of the rule 831
1241-exceed any of the criteria establis hed in paragraph (2)(a), the 832
1242-rule must shall be submitted to the President of the Senate and 833
1243-Speaker of the House of Representatives no later than 30 days 834
1244-before prior to the next regular legislative session, and the 835
1245-rule may not take effect until it is ra tified by the 836
1246-Legislature. The agency shall notify the committee of its 837
1247-submission of the rule to the Legislature for ratification 838
1248-within 3 business days after submittal. 839
1249- (4) Subsection (3) does not apply to the adoption of: 840
1250- (d) Emergency rules adopted pursuant to s. 120.54(4). 841
1251- (6)(a) In evaluating the impacts described in paragraphs 842
1252-(2)(a) and (e), an agency shall include market impacts likely to 843
1253-result from compliance with the proposed rule, including: 844
1254- 1. Increased customer charges for goods or se rvices. 845
1255- 2. Decreased market value of goods or services produced, 846
1256-provided, or sold. 847
1257- 3. Increased costs resulting from the purchase of 848
1258-substitute or alternative goods or services. 849
1259- 4. The reasonable value of time to be spent by owners, 850
1260-
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1268-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
1269-
1270-
1271-
1272-officers, operators, and managers to understand and comply with 851
1273-the proposed rule, including, but not limited to, time to be 852
1274-spent completing required education, training, or testing. 853
1275- 5. Capital costs. 854
1276- 6. Any other impacts suggested by the rules ombudsman in 855
1277-the Executive Office of the Governor or by any interested 856
1278-persons. 857
1279- (b) In estimating the information required in paragraphs 858
1280-(2)(b)-(e), the agency may use surveys of individuals, 859
1281-businesses, business organizations, counties, and municipalities 860
1282-to collect data helpful to estimate the costs and impacts. 861
1283- (c) In estimating compliance costs under paragraph (2)(d), 862
1284-the agency shall consider costs necessary to comply with the 863
1285-proposed rule which are readily ascertainable based upon 864
1286-standard business practices, includin g, but not limited to, 865
1287-costs related to: 866
1288- 1. Filing fees. 867
1289- 2. Expenses to obtain a license. 868
1290- 3. Necessary equipment. 869
1291- 4. Installation, utilities for, and maintenance of 870
1292-necessary equipment. 871
1293- 5. Necessary operations and procedures. 872
1294- 6. Accounting, financial, information management, and 873
1295-other administrative processes. 874
1296- 7. Labor based on relevant rates of wages, salaries, and 875
1297-
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1305-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
1306-
1307-
1308-
1309-benefits. 876
1310- 8. Materials and supplies. 877
1311- 9. Capital expenditures, including financing costs. 878
1312- 10. Professional and technical ser vices, including 879
1313-contracted services necessary to implement and maintain 880
1314-compliance. 881
1315- 11. Monitoring and reporting. 882
1316- 12. Qualifying and recurring education, training, and 883
1317-testing. 884
1318- 13. Travel. 885
1319- 14. Insurance and surety requirements. 886
1320- 15. A fair and reasonable allocation of administrative 887
1321-costs and other overhead. 888
1322- 16. Reduced sales or other revenues. 889
1323- 17. Other items suggested by the rules ombudsman in the 890
1324-Executive Office of the Governor or by any interested person, 891
1325-business organization, or business representative. 892
1326- (7)(a) The Department of State shall include on the 893
1327-Florida Administrative Register website the agency website 894
1328-addresses where statements of estimated regulatory costs can be 895
1329-viewed in their entirety. 896
1330- (b) An agency that prepare s a statement of estimated 897
1331-regulatory costs must provide, as part of the notice required 898
1332-under s. 120.54(3)(a), the agency website address where the 899
1333-statement of estimated regulatory costs can be read in its 900
1334-
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1342-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
1343-
1344-
1345-
1346-entirety to the Department of State for publicat ion in the 901
1347-Florida Administrative Register. 902
1348- (c) If an agency revises its statement of estimated 903
1349-regulatory costs, the agency must provide notice that a revision 904
1350-has been made in the manner provided under s. 120.54(3)(d)1. 905
1351-Such notice must also include th e agency website address where 906
1352-the revision can be viewed in its entirety. 907
1353- Section 5. Section 120.5435, Florida Statutes, is created 908
1354-to read: 909
1355- 120.5435 Agency review of rules. — 910
1356- (1) For the purposes of this section, the term "rule" 911
1357-means the rule number assigned by the Department of State. 912
1358- (2)(a) By July 1, 2030, each agency, in coordination with 913
1359-the committee, shall review all existing rules adopted by the 914
1360-agency before July 1, 2025, in accordance with this section. 915
1361- (b) Beginning October 1, 20 25, each agency shall include a 916
1362-list of its existing rules in its annual regulatory plan, 917
1363-prepared and submitted pursuant to s. 120.74. The agency shall 918
1364-include a schedule of the rules it will review each year during 919
1365-the 5-year rule review period. The agen cy may amend its yearly 920
1366-schedule in subsequent regulatory plans, but must provide for 921
1367-the completed review of at least 20 percent of the agency's 922
1368-rules per year, until all of its subject rules have been 923
1369-reviewed. 924
1370- (c) This subsection stands repealed July 1, 2032. 925
1371-
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1379-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
1380-
1381-
1382-
1383- (3) Any rule initially adopted after July 1, 2025, must be 926
1384-reviewed in accordance with this section in the fifth year 927
1385-following adoption. Such review must be completed before the day 928
1386-that marks the sixth year since the adoption of the rule. 929
1387- (4) The agency rule review must determine whether each 930
1388-rule: 931
1389- (a) Is a valid exercise of delegated legislative 932
1390-authority; 933
1391- (b) Has current statutory authority; 934
1392- (c) Reiterates or paraphrases statutory material; 935
1393- (d) Is in proper form; 936
1394- (e) Is consistent with expressed legislative intent 937
1395-pertaining to the specific provisions of law which the rule 938
1396-implements; 939
1397- (f) Requires a technical or substantive update to reflect 940
1398-current use; and 941
1399- (g) Requires updated references to statutory citations and 942
1400-incorporated materials. 943
1401- (5) By January 1 of each year, the agency shall submit a 944
1402-report to the President of the Senate, the Speaker of the House 945
1403-of Representatives, and the committee that summarizes the 946
1404-agency's intended action on each rule under review during the 947
1405-current fiscal year. 948
1406- (6) The agency shall take one of the following actions 949
1407-during its rule review: 950
1408-
1409-CS/CS/HB 433 2025
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1416-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
1417-
1418-
1419-
1420- (a) Make no change to the rule. If the agency determines 951
1421-that no change is necessary, the agency must submit with the 952
1422-committee by April 1 a copy of the reviewed rule, a written 953
1423-statement of its intended action, and its assessment of factors 954
1424-specified in subsection (4). This determination is not subject 955
1425-to a challenge as a proposed rule pursuant to s. 120.56(2). 956
1426- (b) Make a technical change to the rule. If the agency 957
1427-determines that one or more technical changes are necessary, the 958
1428-agency must submit with the committee by April 1 a copy of the 959
1429-reviewed rule and the recommended technical change or changes 960
1430-coded by underlining new text and striking through d eleted text, 961
1431-a written statement of its intended action, its assessment of 962
1432-the factors specified in subsection (4), and the facts and 963
1433-circumstances justifying the technical change or changes to the 964
1434-reviewed rule. This determination is not subject to a chal lenge 965
1435-as a proposed rule pursuant to s. 120.56(2). 966
1436- (c) Make a substantive change to the rule. If the agency 967
1437-determines that the rule requires a substantive change, the 968
1438-agency must make all changes, including any technical change, to 969
1439-the rule in accordanc e with this chapter. The agency shall 970
1440-publish a notice of rule development in the Florida 971
1441-Administrative Register by April 1. The agency shall also submit 972
1442-with the committee by April 1 a copy of the reviewed rule and 973
1443-the recommended change or changes coded by underlining new text 974
1444-and striking through deleted text, a written statement of its 975
1445-
1446-CS/CS/HB 433 2025
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1453-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
1454-
1455-
1456-
1457-intended action, and its assessment of factors specified in 976
1458-subsection (4). This submission to the committee does not 977
1459-constitute a notice of rule development as contempl ated by s. 978
1460-120.54(2)(a) and is not required to be in the same form as the 979
1461-rule that will be proposed by the agency. 980
1462- (d) Repeal the rule. If an agency determines that the rule 981
1463-should be repealed, the agency must repeal the rule in 982
1464-accordance with this cha pter and publish the required notice in 983
1465-the Florida Administrative Register by April 1. The agency shall 984
1466-also submit with the committee by April 1 a written statement of 985
1467-its intended action and its assessment of factors specified in 986
1468-subsection (4). This su bmission to the committee does not 987
1469-constitute a notice of proposed rule as contemplated by s. 988
1470-120.54(3)(a). 989
1471- (7)(a) By July 1, the committee shall examine each 990
1472-agency's rule review submissions. The committee may request from 991
1473-an agency any information that is reasonably necessary for 992
1474-examination of a rule as required by subsections (2) and (3). 993
1475- (b) If the agency recommends no change or a technical 994
1476-change to a rule, the committee must certify whether the agency 995
1477-has responded in writing to all material and timely written 996
1478-comments or inquiries made on behalf of the committee. 997
1479- (8) The rule review is completed upon: 998
1480- (a) The agency, upon approval of the agency head or his or 999
1481-her designee, electronically filing a certified copy of the 1000
1482-
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1490-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
1491-
1492-
1493-
1494-reviewed rule to which no changes or only technical changes were 1001
1495-made, and the committee's certification granted pursuant to 1002
1496-subsection (7), with the Department of State; or 1003
1497- (b) The agency, for a reviewed rule subject to substantive 1004
1498-change or repeal, timely filing the appropriate notice pursuant 1005
1499-to s. 120.54. 1006
1500- (9) The Department of State shall publish in the Florida 1007
1501-Administrative Register a notice of the completed rule review 1008
1502-and shall update the history note of the rule in the Florida 1009
1503-Administrative Code to reflect t he date of completion, if 1010
1504-applicable. 1011
1505- Section 6. Subsection (1) of section 120.545, Florida 1012
1506-Statutes, is amended to read: 1013
1507- 120.545 Committee review of agency rules. — 1014
1508- (1) As a legislative check on legislatively created 1015
1509-authority, the committee shall examine each proposed rule, 1016
1510-except for those proposed rules exempted by s. 120.81(1)(e) and 1017
1511-(2), and its accompanying material, and each emergency rule, 1018
1512-each rule reviewed under s. 120.5435, and may examine any 1019
1513-existing rule, and any accompanying material or associated 1020
1514-documents used to interpret a proposed or existing rule, for the 1021
1515-purpose of determining whether: 1022
1516- (a) The rule is an invalid exercise of delegated 1023
1517-legislative authority. 1024
1518- (b) The statutory authority for the rule has been 1025
1519-
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1527-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
1528-
1529-
1530-
1531-repealed. 1026
1532- (c) The rule reiterates or paraphrases statutory material. 1027
1533- (d) The rule is in proper form. 1028
1534- (e) The notice given before prior to its adoption was 1029
1535-sufficient to give adequate notice of the purpose and effect of 1030
1536-the rule. 1031
1537- (f) The rule is consistent with expres sed legislative 1032
1538-intent pertaining to the specific provisions of law which the 1033
1539-rule implements. 1034
1540- (g) The rule is necessary to accomplish the apparent or 1035
1541-expressed objectives of the specific provision of law which the 1036
1542-rule implements. 1037
1543- (h) The rule is a re asonable implementation of the law as 1038
1544-it affects the convenience of the general public or persons 1039
1545-particularly affected by the rule. 1040
1546- (i) The rule could be made less complex or more easily 1041
1547-comprehensible to the general public. 1042
1548- (j) The rule's statement o f estimated regulatory costs 1043
1549-complies with the requirements of s. 120.541 and whether the 1044
1550-rule does not impose regulatory costs on the regulated person, 1045
1551-county, or city which could be reduced by the adoption of less 1046
1552-costly alternatives that substantially a ccomplish the statutory 1047
1553-objectives. 1048
1554- (k) The rule will require additional appropriations. 1049
1555- (l) If the rule is an emergency rule, there exists an 1050
1556-
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1564-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
1565-
1566-
1567-
1568-emergency justifying the adoption of such rule, the agency is 1051
1569-within its statutory authority, and the rule wa s adopted in 1052
1570-compliance with the requirements and limitations of s. 1053
1571-120.54(4). 1054
1572- (m) The rule includes a provision not authorized by 1055
1573-statute, whereby the entire rule, or a provision thereof, 1056
1574-automatically expires or is repealed on a specific date or at 1057
1575-the end of a specified period. 1058
1576- Section 7. Subsection (1) of section 120.55, Florida 1059
1577-Statutes, is amended to read: 1060
1578- 120.55 Publication. — 1061
1579- (1) The Department of State shall: 1062
1580- (a)1. Through a continuous revision and publication 1063
1581-system, compile and publish electronically, on a website managed 1064
1582-by the department, the "Florida Administrative Code." The 1065
1583-Florida Administrative Code must shall contain all rules adopted 1066
1584-by each agency, citing the grant of rulemaking authority and the 1067
1585-specific law implemented pursu ant to which each rule was 1068
1586-adopted, all history notes as authorized in ss. 120.5435 and 1069
1587-120.545(7) s. 120.545(7), complete indexes to all rules and any 1070
1588-material incorporated by reference contained in the code, and 1071
1589-any other material required or authorized by law or deemed 1072
1590-useful by the department. The electronic code must shall display 1073
1591-each rule chapter currently in effect in browse mode and allow 1074
1592-full text search of the code and each rule chapter. The 1075
1593-
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1601-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
1602-
1603-
1604-
1605-department may contract with a publishing firm for a pr inted 1076
1606-publication; however, the department retains shall retain 1077
1607-responsibility for the code as provided in this section. The 1078
1608-electronic publication is shall be the official compilation of 1079
1609-the administrative rules of this state. The Department of State 1080
1610-retains shall retain the copyright over the Florida 1081
1611-Administrative Code. 1082
1612- 2. Rules general in form but applicable to only one school 1083
1613-district, community college district, or county, or a part 1084
1614-thereof, or state university rules relating to internal 1085
1615-personnel or business and finance may shall not be published in 1086
1616-the Florida Administrative Code. Exclusion from publication in 1087
1617-the Florida Administrative Code does shall not affect the 1088
1618-validity or effectiveness of such rules. 1089
1619- 3. At the beginning of the section of t he code dealing 1090
1620-with an agency that files copies of its rules with the 1091
1621-department, the department shall publish the address and 1092
1622-telephone number of the executive offices of each agency, the 1093
1623-manner by which the agency indexes its rules, a listing of all 1094
1624-rules of that agency excluded from publication in the code, a 1095
1625-listing of all forms and material incorporated by reference 1096
1626-adopted by rule which are used by the agency, and a statement as 1097
1627-to where those rules may be inspected. 1098
1628- 4. Forms may shall not be published in the Florida 1099
1629-Administrative Code; but any form which an agency uses in its 1100
1630-
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1638-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
1639-
1640-
1641-
1642-dealings with the public, along with any accompanying 1101
1643-instructions, must shall be filed with the committee before it 1102
1644-is used. Any form or instruction which meets the definiti on of 1103
1645-the term "rule" provided in s. 120.52 must shall be incorporated 1104
1646-by reference into the appropriate rule. The reference must shall 1105
1647-specifically state that the form is being incorporated by 1106
1648-reference and shall include the number, title, and effective 1107
1649-date of the form and an explanation of how the form may be 1108
1650-obtained. Each form created by an agency which is incorporated 1109
1651-by reference in a rule notice of which is given under s. 1110
1652-120.54(3)(a) after December 31, 2007, must clearly display the 1111
1653-number, title, and effective date of the form and the number of 1112
1654-the rule in which the form is incorporated. 1113
1655- 5. After December 31, 2025, the department shall require 1114
1656-any material incorporated by reference in allow adopted rules 1115
1657-and material incorporated by reference to be filed in the manner 1116
1658-prescribed by s. 120.54(1)(i)3.a. or b. electronic form as 1117
1659-prescribed by department rule. When a proposed rule is filed for 1118
1660-adoption with incorporated material in electronic form, the 1119
1661-department's publication of the Florida Administr ative Code on 1120
1662-its website must contain a hyperlink from the incorporating 1121
1663-reference in the rule directly to that material. The department 1122
1664-may not allow hyperlinks from rules in the Florida 1123
1665-Administrative Code to any material other than that filed with 1124
1666-and maintained by the department, but may allow hyperlinks to 1125
1667-
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1675-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
1676-
1677-
1678-
1679-incorporated material maintained by the department from the 1126
1680-adopting agency's website or other sites. 1127
1681- 6. The department shall include the date of any technical 1128
1682-changes in the history note of the rule in the Florida 1129
1683-Administrative Code. A technical change does not affect the 1130
1684-effective date of the rule. A technical change made after the 1131
1685-adoption of a rule must be published as a notice of correction. 1132
1686- (b) Electronically publish on a website managed by the 1133
1687-department a continuous revision and publication entitled the 1134
1688-"Florida Administrative Register," which serves shall serve as 1135
1689-the official publication and must contain: 1136
1690- 1. All notices required by s. 120.54(2) and (3)(a), 1137
1691-showing the text of all rules proposed for consideration. 1138
1692- 2. All notices of public meetings, hearings, and workshops 1139
1693-conducted in accordance with s. 120.525, including a statement 1140
1694-of the manner in which a copy of the agenda may be obtained. 1141
1695- 3. A notice of each request for authorization to amend or 1142
1696-repeal an existing uniform rule or for the adoption of new 1143
1697-uniform rules. 1144
1698- 4. Notice of petitions for declaratory statements or 1145
1699-administrative determinations. 1146
1700- 5. A list of all rules that were not timely reviewed by 1147
1701-their respective agency, pursuant to s. 120.5435, updated at 1148
1702-least annually. 1149
1703- 6.5. A summary of each objection to any rule filed by the 1150
1704-
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1707-
1708-
1709-CODING: Words stricken are deletions; words underlined are additions.
1710-hb433-02-c2
1711-Page 47 of 54
1712-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
1713-
1714-
1715-
1716-Administrative Procedures Committee. 1151
1717- 7.6. A list of rules filed for ado ption in the previous 7 1152
1718-days. 1153
1719- 8.7. A list of all rules filed for adoption pending 1154
1720-legislative ratification under s. 120.541(3). A rule shall be 1155
1721-removed from the list once notice of ratification or withdrawal 1156
1722-of the rule is received. 1157
1723- 9. The full text of each emergency rule in effect on the 1158
1724-date of publication. 1159
1725- 10.8. Any other material required or authorized by law or 1160
1726-deemed useful by the department. 1161
1727- 1162
1728-The department may contract with a publishing firm for a printed 1163
1729-publication of the Florida Administrat ive Register and make 1164
1730-copies available on an annual subscription basis. 1165
1731- (c) Prescribe by rule the style and form required for 1166
1732-rules, notices, and other materials submitted for filing , 1167
1733-including any rule requiring that documents created by an agency 1168
1734-which are proposed to be incorporated by reference in notices 1169
1735-published pursuant to s. 120.54(3)(a) and (d) be coded as 1170
1736-required in s. 120.54(1)(i)7 . 1171
1737- (d) Charge each agency using the Florida Administrative 1172
1738-Register a space rate to cover the costs related to t he Florida 1173
1739-Administrative Register and the Florida Administrative Code. 1174
1740- (e) Maintain a permanent record of all notices published 1175
1741-
1742-CS/CS/HB 433 2025
1743-
1744-
1745-
1746-CODING: Words stricken are deletions; words underlined are additions.
1747-hb433-02-c2
1748-Page 48 of 54
1749-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
1750-
1751-
1752-
1753-in the Florida Administrative Register. 1176
1754- Section 8. Paragraph (c) of subsection (1) and subsections 1177
1755-(4) through (8) of sec tion 120.74, Florida Statutes, are 1178
1756-amended, and paragraphs (e), (f), and (g) are added to 1179
1757-subsection (1) of that section, to read: 1180
1758- 120.74 Agency annual rulemaking and regulatory plans; 1181
1759-reports.— 1182
1760- (1) REGULATORY PLAN. —By October 1 of each year, each 1183
1761-agency shall prepare a regulatory plan. 1184
1762- (c) The plan must include any desired update to the prior 1185
1763-year's regulatory plan or supplement published pursuant to 1186
1764-subsection (5) (7). If, in a prior year, a law was identified 1187
1765-under this paragraph or under subparagr aph (a)1. as a law 1188
1766-requiring rulemaking to implement but a notice of proposed rule 1189
1767-has not been published: 1190
1768- 1. The agency shall identify and again list such law, 1191
1769-noting the applicable notice of rule development by citation to 1192
1770-the Florida Administrative Re gister; or 1193
1771- 2. If the agency has subsequently determined that 1194
1772-rulemaking is not necessary to implement the law, the agency 1195
1773-shall identify such law, reference the citation to the 1196
1774-applicable notice of rule development in the Florida 1197
1775-Administrative Register, and provide a concise written 1198
1776-explanation of the reason why the law may be implemented without 1199
1777-rulemaking. 1200
1778-
1779-CS/CS/HB 433 2025
1780-
1781-
1782-
1783-CODING: Words stricken are deletions; words underlined are additions.
1784-hb433-02-c2
1785-Page 49 of 54
1786-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
1787-
1788-
1789-
1790- (e) The plan also includes all of the following: 1201
1791- 1. A list of the agency's existing rules scheduled for 1202
1792-review pursuant to s. 120.5435. 1203
1793- 2. A 5-year schedule for the review of all existing rules 1204
1794-as of July 1, 2025. 1205
1795- 3. A yearly schedule for the rules it will review each 1206
1796-year during the 5-year rule review. The agency may amend this 1207
1797-schedule, if necessary. 1208
1798- (f) The plan must include any desired update to the prior 1209
1799-year's regulatory plan or supplement thereof, published pursuant 1210
1800-to subsection (5). If, in a prior year, the agency identified a 1211
1801-rule under this paragraph as one requiring review pursuant to s. 1212
1802-120.5435, but the agency has not yet completed an action 1213
1803-described in s. 120.5435(5): 1214
1804- 1. The agency must identify and list such rule in its 1215
1805-regulatory plan as an untimely rule review and notify the 1216
1806-committee of such action; or 1217
1807- 2. If the agency subsequently determined that the rule 1218
1808-review is not necessary, the agency must identify the rule and 1219
1809-provide a concise written explanation of the reason why the rule 1220
1810-does not require a rule review. 1221
1811- (g)1. Beginning October 1, 2025, each agency issuing 1222
1812-licenses in accordance with s. 120.60 shall track the agency's 1223
1813-compliance with the licensing timeframes established in s. 1224
1814-120.60, and beginning October 1, 2026, must include in the 1225
1815-
1816-CS/CS/HB 433 2025
1817-
1818-
1819-
1820-CODING: Words stricken are deletions; words underlined are additions.
1821-hb433-02-c2
1822-Page 50 of 54
1823-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
1824-
1825-
1826-
1827-regulatory plan required by subsection (1), the following 1226
1828-information regarding its licensing activities of the prior 1227
1829-fiscal year, categorized by type of license: 1228
1830- a. The number of license applications submitted to the 1229
1831-agency; 1230
1832- b. The number of license applications that required one or 1231
1833-more requests for additional information; 1232
1834- c. The number of license applications for which the 1233
1835-applicant was nonresponsive to one or more requests for 1234
1836-additional information; 1235
1837- d. The number of license applications that were not 1236
1838-completed by the applicant; 1237
1839- e. The number of license applications for which the agency 1238
1840-requested that the applicant grant an extension of time for the 1239
1841-agency to issue a request for additional information, determine 1240
1842-that an application is complete, or issue a decision to approve 1241
1843-or deny an application; 1242
1844- f. The number of license applications for which an 1243
1845-extension was requested by the applicant and for which an 1244
1846-extension was required by the state agency or judicial branch; 1245
1847- g. The number of license applications that were not 1246
1848-approved or denied within the statutory timeframe; 1247
1849- h. The average and median number of days it takes the 1248
1850-agency to approve or deny an application after receipt of a 1249
1851-completed application; 1250
1852-
1853-CS/CS/HB 433 2025
1854-
1855-
1856-
1857-CODING: Words stricken are deletions; words underlined are additions.
1858-hb433-02-c2
1859-Page 51 of 54
1860-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
1861-
1862-
1863-
1864- i. The number of license applications for which final 1251
1865-agency action was appealed and the number of informal and formal 1252
1866-hearings requested; and 1253
1867- j. The number of employees dedicated to processing license 1254
1868-applications, if available. 1255
1869- 2. No later than December 31 of each year, the committee 1256
1870-must submit a consolidated annual agency licensing performance 1257
1871-report that provides all of the information required by 1258
1872-subparagraph 1. The Department of State must publish a hyperlink 1259
1873-to these reports in the first available issue of the Florida 1260
1874-Administrative Register. 1261
1875- (4) DEADLINE FOR RULE DEVELOPMENT. —By November 1 of each 1262
1876-year, each agency shall publish a notice of rule dev elopment 1263
1877-under s. 120.54(2) for each law identified in the agency's 1264
1878-regulatory plan pursuant to subparagraph (1)(a)1. for which 1265
1879-rulemaking is necessary to implement but for which the agency 1266
1880-did not report the publication of a notice of rule development 1267
1881-under subparagraph (1)(a)2. 1268
1882- (4)(5) CORRECTING THE REGULATORY PLAN. —DEADLINE TO PUBLISH 1269
1883-PROPOSED RULE.—For each law for which implementing rulemaking is 1270
1884-necessary as identified in the agency's plan pursuant to 1271
1885-subparagraph (1)(a)1. or subparagraph (1)(c)1., the agency shall 1272
1886-publish a notice of proposed rule pursuant to s. 120.54(3)(a) by 1273
1887-April 1 of the year following the deadline for the regulatory 1274
1888-plan. This deadline may be extended if the agency publishes a 1275
1889-
1890-CS/CS/HB 433 2025
1891-
1892-
1893-
1894-CODING: Words stricken are deletions; words underlined are additions.
1895-hb433-02-c2
1896-Page 52 of 54
1897-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
1898-
1899-
1900-
1901-notice of extension in the Florida Administrative Register 1276
1902-identifying each rulemaking proceeding for which an extension is 1277
1903-being noticed by citation to the applicable notice of rule 1278
1904-development as published in the Florida Administrative Register. 1279
1905-The agency shall include a concise statement in the notice of 1280
1906-extension identifying any issues that are causing the delay in 1281
1907-rulemaking. An extension shall expire on October 1 after the 1282
1908-April 1 deadline, provided that the regulatory plan due on 1283
1909-October 1 may further extend the rulemaking proceeding by 1284
1910-identification pursuant to subparagraph (1)(c)1. or conclude the 1285
1911-rulemaking proceeding by identification pursuant to subparagraph 1286
1912-(1)(c)2. A published regulatory plan may be corrected at any 1287
1913-time to accomplish the purpose of extending or concluding an 1288
1914-affected rulemaking proceeding by identifying the applicable 1289
1915-rule pursuant to subparagraph (1)(c)2. The regulatory plan and 1290
1916-is deemed corrected as of the October 1 due date. Upon 1291
1917-publication of a correction, the agency shall publish in the 1292
1918-Florida Administrative Register a notice of the date of the 1293
1919-correction identifying the affected rulemaking proceeding by 1294
1920-applicable citation to the Florida Administrative Register. 1295
1921- (6) CERTIFICATIONS. —Each agency shall file a certification 1296
1922-with the committee upon compliance with subse ction (4) and upon 1297
1923-filing a notice under subsection (5) of either a deadline 1298
1924-extension or a regulatory plan correction. A certification may 1299
1925-relate to more than one notice or contemporaneous act. The date 1300
1926-
1927-CS/CS/HB 433 2025
1928-
1929-
1930-
1931-CODING: Words stricken are deletions; words underlined are additions.
1932-hb433-02-c2
1933-Page 53 of 54
1934-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
1935-
1936-
1937-
1938-or dates of compliance shall be noted in each certif ication. 1301
1939- (5)(7) SUPPLEMENTING THE REGULATORY PLAN. —After 1302
1940-publication of the regulatory plan, the agency shall supplement 1303
1941-the plan within 30 days after a bill becomes a law if the law is 1304
1942-enacted before the next regular session of the Legislature and 1305
1943-the law substantively modifies the agency's specifically 1306
1944-delegated legal duties, unless the law affects all or most state 1307
1945-agencies as identified by letter to the committee from the 1308
1946-Governor or the Attorney General. The supplement must include 1309
1947-the information required in paragraph (1)(a) and shall be 1310
1948-published as required in subsection (2), but no certification or 1311
1949-delivery to the committee is required. The agency shall publish 1312
1950-in the Florida Administrative Register notice of publication of 1313
1951-the supplement, and inc lude a hyperlink on its website or web 1314
1952-address for direct access to the published supplement. For each 1315
1953-law reported in the supplement, if rulemaking is necessary to 1316
1954-implement the law, the agency shall publish a notice of rule 1317
1955-development by the later of the date provided in subsection (4) 1318
1956-or 60 days after the bill becomes a law, and a notice of 1319
1957-proposed rule shall be published by the later of the date 1320
1958-provided in subsection (5) or 120 days after the bill becomes a 1321
1959-law. The proposed rule deadline may be exte nded to the following 1322
1960-October 1 by notice as provided in subsection (5). If such 1323
1961-proposed rule has not been filed by October 1, a law included in 1324
1962-a supplement shall also be included in the next annual plan 1325
1963-
1964-CS/CS/HB 433 2025
1965-
1966-
1967-
1968-CODING: Words stricken are deletions; words underlined are additions.
1969-hb433-02-c2
1970-Page 54 of 54
1971-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
1972-
1973-
1974-
1975-pursuant to subsection (1). 1326
1976- (6)(8) FAILURE TO COMPLY.—If an agency fails to comply 1327
1977-with a requirement of paragraph (2)(a) or subsection (5), within 1328
1978-15 days after written demand from the committee or from the 1329
1979-chair of any other legislative committee, the agency shall 1330
1980-deliver a written explanation of the reasons for noncompliance 1331
1981-to the committee, the President of the Senate, the Speaker of 1332
1982-the House of Representatives, and the chair of any legislative 1333
1983-committee requesting the explanation of the reasons for 1334
1984-noncompliance. 1335
1985- Section 9. This act shall take effect July 1, 2025. 1336
1141+ 6. The proposed rule shall be adopted on being filed with 768
1142+the Department of State and becomes become effective 20 days 769
1143+after being filed, on a later date specified in the notice 770
1144+required by subparagraph (a)1., on a date required by statute, 771
1145+or upon ratification by the Legislature pursuant to s. 772
1146+120.541(3). Rules not required to be filed with the Department 773
1147+of State shall become effective when adopted by the agency head, 774
1148+on a later date specified by rule or statute, or upon 775
1149+
1150+CS/HB 433 2025
1151+
1152+
1153+
1154+CODING: Words stricken are deletions; words underlined are additions.
1155+hb433-01-c1
1156+Page 32 of 66
1157+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
1158+
1159+
1160+
1161+ratification by the Legislature pursuant to s. 120.541(3). If 776
1162+the committee notifies an agency that an objection to a rule is 777
1163+being considered, the agency may postpone the adoption of the 778
1164+rule to accommodate review of the rule by the committee. When an 779
1165+agency postpones adoption of a rule to accommodate review by the 780
1166+committee, the 90-day period for filing the rule is tolled until 781
1167+the committee notifies the agency that it has completed its 782
1168+review of the rule. 783
1169+ 784
1170+For the purposes of this paragraph, the term "administrative 785
1171+determination" does not include subsequent judicial review. 786
1172+ (4) EMERGENCY RULES. — 787
1173+ (a) If an agency finds that an immediat e danger to the 788
1174+public health, safety, or welfare requires emergency action, or 789
1175+if the Legislature authorizes the agency to adopt emergency 790
1176+rules and finds that all conditions specified in this paragraph 791
1177+are met, the agency may, within the authority grante d to the 792
1178+agency under the State Constitution or delegated to it by the 793
1179+Legislature, adopt any rule necessitated by the immediate danger 794
1180+or legislative finding . The agency may adopt a rule by any 795
1181+procedure which is fair under the circumstances if: 796
1182+ 1. The procedure provides at least the procedural 797
1183+protection given by other statutes, the State Constitution, or 798
1184+the United States Constitution. 799
1185+ 2. The agency takes only that action necessary to protect 800
1186+
1187+CS/HB 433 2025
1188+
1189+
1190+
1191+CODING: Words stricken are deletions; words underlined are additions.
1192+hb433-01-c1
1193+Page 33 of 66
1194+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
1195+
1196+
1197+
1198+the public interest under the emergency procedure. 801
1199+ 3. The agency publishes in writing at the time of, or 802
1200+prior to, its action the specific facts and reasons for finding 803
1201+an immediate danger to the public health, safety, or welfare and 804
1202+its reasons for concluding that the procedure used is fair under 805
1203+the circumstances. In any event, notice of emergency rules, 806
1204+other than those of educational units or units of government 807
1205+with jurisdiction in only one or a part of one county, including 808
1206+the full text of the rules and the agency's findings of 809
1207+immediate danger, necessity , and procedural fairness or a 810
1208+citation to the grant of emergency rulemaking authority , must 811
1209+shall be published in the first available issue of the Florida 812
1210+Administrative Register and provided to the committee along with 813
1211+any material incorporated by refere nce in the rules. The 814
1212+agency's findings of immediate danger, necessity, and procedural 815
1213+fairness are shall be judicially reviewable. 816
1214+ (c) Unless otherwise provided by law, an emergency rule 817
1215+may adopted under this subsection shall not be effective for a 818
1216+period longer than 90 days and is shall not be renewable, except 819
1217+when the agency has initiated rulemaking to adopt rules 820
1218+addressing the subject of the emergency rule and either: 821
1219+ 1. A challenge to the proposed rules has been filed and 822
1220+remains pending; or 823
1221+ 2. The proposed rules are awaiting ratification by the 824
1222+Legislature pursuant to s. 120.541(3). If the proposed rule is 825
1223+
1224+CS/HB 433 2025
1225+
1226+
1227+
1228+CODING: Words stricken are deletions; words underlined are additions.
1229+hb433-01-c1
1230+Page 34 of 66
1231+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
1232+
1233+
1234+
1235+not ratified during the next regular legislative session, the 826
1236+emergency rule shall expire at adjournment sine di e of that 827
1237+regular legislative session. The proposed rule must be withdrawn 828
1238+from ratification in accordance with s. 120.54(3)(d). 829
1239+ 830
1240+Nothing in This paragraph does not prohibit prohibits the agency 831
1241+from adopting a rule or rules identical to the emergency rule 832
1242+through the rulemaking procedures specified in subsection (3). 833
1243+ (e) Emergency rules must be published in the Florida 834
1244+Administrative Code. 835
1245+ (f) An agency may supersede an emergency rule currently in 836
1246+effect through adoption of another emergency rule. The agency 837
1247+must state the reason for adopting the new rule, in accordance 838
1248+with the procedures set forth in paragraph (a), and the new rule 839
1249+must be in effect for the duration of the effective period of 840
1250+the superseded rule. Technical changes to an emergency rule may 841
1251+be made within the first 7 days after adoption of the rule. 842
1252+ (g) Any notice of the renewal of an emergency rule must be 843
1253+published in the Florida Administrative Register before the 844
1254+expiration of the existing emergency rule. The notice of renewal 845
1255+must state the specific facts and reasons for the renewal 846
1256+pursuant to paragraph (c). 847
1257+ (h) All emergency rules must be published in the Florida 848
1258+Administrative Code in the section of the code dealing with the 849
1259+agency. 850
1260+
1261+CS/HB 433 2025
1262+
1263+
1264+
1265+CODING: Words stricken are deletions; words underlined are additions.
1266+hb433-01-c1
1267+Page 35 of 66
1268+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
1269+
1270+
1271+
1272+ (i) For emergency rules with an effective period longer 851
1273+than 90 days which are intended to replace existing rules, a 852
1274+note must be added to the history note of the existing rule 853
1275+which specifically identifies the emergency rule that is 854
1276+intended to supersede the existing rule and includes the date 855
1277+that the emergency rule was filed with the Department of State. 856
1278+ (j) An emergency rule adopted under this subsection may be 857
1279+repealed by the adopting agency at any time while the rule is in 858
1280+effect by publishing a notice in the Florida Administrative 859
1281+Register citing the reason for the repeal and the effective date 860
1282+of the repeal. 861
1283+ (7) PETITION TO INITIATE RULEMAKING. — 862
1284+ (a) Any person regulated by an agency or having 863
1285+substantial interest in an agency rule may petition an agency to 864
1286+adopt, amend, or repeal a rul e or to provide the minimum public 865
1287+information required by this chapter. The petition must shall 866
1288+specify the proposed rule and action requested. The agency shall 867
1289+file a copy of the petition with the committee. No Not later 868
1290+than 30 calendar days after following the date of filing a 869
1291+petition, the agency shall initiate rulemaking proceedings under 870
1292+this chapter, otherwise comply with the requested action, or 871
1293+deny the petition with a written statement of its reasons for 872
1294+the denial. 873
1295+ Section 3. Section 120.541 , Florida Statutes, is amended 874
1296+to read: 875
1297+
1298+CS/HB 433 2025
1299+
1300+
1301+
1302+CODING: Words stricken are deletions; words underlined are additions.
1303+hb433-01-c1
1304+Page 36 of 66
1305+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
1306+
1307+
1308+
1309+ 120.541 Statement of estimated regulatory costs. — 876
1310+ (1)(a) Within 21 days after publication of the notice of a 877
1311+proposed rule or notice of change required under s. 878
1312+120.54(3)(a), a substantially affected person may s ubmit to an 879
1313+agency a good faith written proposal for a lower cost regulatory 880
1314+alternative to a proposed rule which substantially accomplishes 881
1315+the objectives of the law being implemented. The agency shall 882
1316+provide a copy of any proposal for a lower cost regul atory 883
1317+alternative to the committee at least 21 days before filing the 884
1318+proposed rule for adoption. The proposal may include the 885
1319+alternative of not adopting any rule if the proposal explains 886
1320+how the lower costs and objectives of the law will be achieved 887
1321+by not adopting any rule. If submitted after a notice of change, 888
1322+a proposal for a lower cost regulatory alternative is deemed to 889
1323+be made in good faith only if the person reasonably believes, 890
1324+and the proposal states the person's reasons for believing, that 891
1325+the proposed rule as changed by the notice of change increases 892
1326+the regulatory costs or creates an adverse impact on small 893
1327+businesses which was not created by the previous proposed rule. 894
1328+If such a proposal is submitted, the 90 -day period for filing 895
1329+the rule is extended 21 days. Upon the submission of the lower 896
1330+cost regulatory alternative, the agency shall prepare a 897
1331+statement of estimated regulatory costs as provided in 898
1332+subsection (2), or shall revise its prior statement of estimated 899
1333+regulatory costs, and either adopt the alternative proposal, 900
1334+
1335+CS/HB 433 2025
1336+
1337+
1338+
1339+CODING: Words stricken are deletions; words underlined are additions.
1340+hb433-01-c1
1341+Page 37 of 66
1342+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
1343+
1344+
1345+
1346+reject the alternative proposal, or modify the proposed rule to 901
1347+reduce the regulatory costs. If the agency rejects the 902
1348+alternative proposal or modifies the proposed rule, the agency 903
1349+must or provide a statement of the reasons for rejecting the 904
1350+alternative in favor of the proposed rule. 905
1351+ (b) If a proposed rule will have an adverse impact on 906
1352+small business or if the proposed rule is likely to directly or 907
1353+indirectly increase regulatory costs in excess of $200,000 in 908
1354+the aggregate within 1 year after the implementation of the 909
1355+rule, the agency shall prepare a statement of estimated 910
1356+regulatory costs as required by s. 120.54(3)(b). 911
1357+ (b)(c) The agency must shall revise a statement of 912
1358+estimated regulatory costs if any change to the ru le made under 913
1359+s. 120.54(3)(d) increases the regulatory costs of the rule or if 914
1360+the rule is modified in response to the submission of a lower 915
1361+cost regulatory alternative. A summary of the revised statement 916
1362+must be included with any subsequent notice publish ed under s. 917
1363+120.54(3). 918
1364+ (c)(d) At least 21 days before filing the proposed rule 919
1365+for adoption, an agency that is required to revise a statement 920
1366+of estimated regulatory costs shall provide the statement to the 921
1367+person who submitted the lower cost regulatory alternative, to 922
1368+the rules ombudsman in the Executive Office of the Governor, and 923
1369+to the committee. The revised statement must be published and 924
1370+made available in the same manner as the original statement of 925
1371+
1372+CS/HB 433 2025
1373+
1374+
1375+
1376+CODING: Words stricken are deletions; words underlined are additions.
1377+hb433-01-c1
1378+Page 38 of 66
1379+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
1380+
1381+
1382+
1383+estimated regulatory costs and shall provide notic e on the 926
1384+agency's website that it is available to the public . 927
1385+ (d)(e) Notwithstanding s. 120.56(1)(c), the failure of the 928
1386+agency to prepare and publish a statement of estimated 929
1387+regulatory costs or to respond to a written lower cost 930
1388+regulatory alternative as provided in this subsection is a 931
1389+material failure to follow the applicable rulemaking procedures 932
1390+or requirements set forth in this chapter. 933
1391+ (e)(f) An agency's failure to prepare a statement of 934
1392+estimated regulatory costs or to respond to a written lower cost 935
1393+regulatory alternative may not be raised in a proceeding 936
1394+challenging the validity of a rule pursuant to s. 120.52(8)(a) 937
1395+unless: 938
1396+ 1. Raised in a petition filed no later than 1 year after 939
1397+the effective date of the rule; and 940
1398+ 2. Raised by a person whose substantial interests are 941
1399+affected by the rule's regulatory costs. 942
1400+ (f)(g) A rule that is challenged pursuant to s. 943
1401+120.52(8)(f) may not be declare d invalid unless: 944
1402+ 1. The issue is raised in an administrative proceeding 945
1403+within 1 year after the effective date of the rule; 946
1404+ 2. The challenge is to the agency's rejection of a lower 947
1405+cost regulatory alternative offered under paragraph (a) or s. 948
1406+120.54(3)(b)2.c. s. 120.54(3)(b)2.b.; and 949
1407+ 3. The substantial interests of the person challenging the 950
1408+
1409+CS/HB 433 2025
1410+
1411+
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1414+hb433-01-c1
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1416+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
1417+
1418+
1419+
1420+rule are materially affected by the rejection. 951
1421+ (2) A statement of estimated regulatory costs must shall 952
1422+include: 953
1423+ (a) An economic analysis showing whether the rule directly 954
1424+or indirectly: 955
1425+ 1. Is likely to have an adverse impact on economic growth, 956
1426+private sector job creation or employment, or private sector 957
1427+investment in excess of $1 million in the aggregate within 5 958
1428+years after the implementation of the rule; 959
1429+ 2. Is likely to have an adverse impact on business 960
1430+competitiveness, including the ability of persons doing business 961
1431+in this the state to compete with persons doing business in 962
1432+other states or domestic markets, productivity, or innovation in 963
1433+excess of $1 million in the aggregate within 5 years after the 964
1434+implementation of the rule; or 965
1435+ 3. Is likely to increase regulatory costs, including all 966
1436+any transactional costs and impacts estimated in the statement , 967
1437+in excess of $1 million in the aggregate within 5 y ears after 968
1438+the implementation of the rule. 969
1439+ (b) A good faith estimate of the number of individuals , 970
1440+small businesses, and other entities likely to be required to 971
1441+comply with the rule, together with a general description of the 972
1442+types of individuals likely to be affected by the rule. 973
1443+ (c) A good faith estimate of the cost to the agency, and 974
1444+to any other state and local government entities, of 975
1445+
1446+CS/HB 433 2025
1447+
1448+
1449+
1450+CODING: Words stricken are deletions; words underlined are additions.
1451+hb433-01-c1
1452+Page 40 of 66
1453+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
1454+
1455+
1456+
1457+implementing and enforcing the proposed rule, and any 976
1458+anticipated effect on state or local revenues. 977
1459+ (d) A good faith estimate of the compliance transactional 978
1460+costs likely to be incurred by individuals and entities, 979
1461+including local government entities, required to comply with the 980
1462+requirements of the rule. As used in this section, 981
1463+"transactional costs" are direct costs that are readily 982
1464+ascertainable based upon standard business practices, and 983
1465+include filing fees, the cost of obtaining a license, the cost 984
1466+of equipment required to be installed or used or procedures 985
1467+required to be employed in complying with the rule, addit ional 986
1468+operating costs incurred, the cost of monitoring and reporting, 987
1469+and any other costs necessary to comply with the rule. 988
1470+ (e) An analysis of the impact on small businesses as 989
1471+defined by s. 288.703, and an analysis of the impact on small 990
1472+counties and small cities as defined in s. 120.52. The impact 991
1473+analysis for small businesses must include the basis for the 992
1474+agency's decision not to implement alternatives that would 993
1475+reduce adverse impacts on small businesses. 994
1476+ (f) Any additional information that the ag ency determines 995
1477+may be useful. 996
1478+ (g) In the statement or revised statement, whichever 997
1479+applies, a description of any regulatory alternatives submitted 998
1480+under paragraph (1)(a) and a statement adopting the alternative 999
1481+or a statement of the reasons for rejectin g the alternative in 1000
1482+
1483+CS/HB 433 2025
1484+
1485+
1486+
1487+CODING: Words stricken are deletions; words underlined are additions.
1488+hb433-01-c1
1489+Page 41 of 66
1490+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
1491+
1492+
1493+
1494+favor of the proposed rule. 1001
1495+ (3) If the adverse impact or regulatory costs of the rule 1002
1496+exceed any of the criteria established in paragraph (2)(a), the 1003
1497+rule must shall be submitted to the President of the Senate and 1004
1498+Speaker of the House of Representatives no later than 30 days 1005
1499+before prior to the next regular legislative session, and the 1006
1500+rule may not take effect until it is ratified by the 1007
1501+Legislature. 1008
1502+ (4) Subsection (3) does not apply to the adoption of: 1009
1503+ (a) Federal standards pursuant to s. 120.54(6). 1010
1504+ (b) Triennial updates of and amendments to the Florida 1011
1505+Building Code which are expressly authorized by s. 553.73. 1012
1506+ (c) Triennial updates of and amendments to the Fl orida 1013
1507+Fire Prevention Code which are expressly authorized by s. 1014
1508+633.202. 1015
1509+ (d) Emergency rules adopted pursuant to s. 120.54(4). 1016
1510+ (5) For purposes of subsections (2) and (3), adverse 1017
1511+impacts and regulatory costs likely to occur within 5 years 1018
1512+after implementation of the rule include adverse impacts and 1019
1513+regulatory costs estimated to occur within 5 years after the 1020
1514+effective date of the rule. However, if any provision of the 1021
1515+rule is not fully implemented upon the effective date of the 1022
1516+rule, the adverse impact s and regulatory costs associated with 1023
1517+such provision must be adjusted to include any additional 1024
1518+adverse impacts and regulatory costs estimated to occur within 5 1025
1519+
1520+CS/HB 433 2025
1521+
1522+
1523+
1524+CODING: Words stricken are deletions; words underlined are additions.
1525+hb433-01-c1
1526+Page 42 of 66
1527+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
1528+
1529+
1530+
1531+years after implementation of such provision. 1026
1532+ (6)(a) In evaluating the impacts described in paragraphs 1027
1533+(2)(a) and (e), an agency shall include good faith estimates of 1028
1534+market impacts likely to result from compliance with the 1029
1535+proposed rule, including: 1030
1536+ 1. Increased customer charges for goods or services. 1031
1537+ 2. Decreased market value of goods or ser vices produced, 1032
1538+provided, or sold. 1033
1539+ 3. Increased costs resulting from the purchase of 1034
1540+substitute or alternative goods or services. 1035
1541+ 4. The reasonable value of time to be spent by owners, 1036
1542+officers, operators, and managers to understand and comply with 1037
1543+the proposed rule, including, but not limited to, time to be 1038
1544+spent completing required education, training, or testing. 1039
1545+ 5. Capital costs. 1040
1546+ 6. Any other impacts suggested by the rules ombudsman in 1041
1547+the Executive Office of the Governor or by any interested 1042
1548+persons. 1043
1549+ (b) In estimating the information required in paragraphs 1044
1550+(2)(b)-(e), the agency may use surveys of individuals, 1045
1551+businesses, business organizations, counties, and municipalities 1046
1552+to collect data helpful to estimate the costs and impacts. 1047
1553+ (c) In estimating compliance costs under paragraph (2)(d), 1048
1554+the agency shall consider, among other matters, all direct and 1049
1555+indirect costs necessary to comply with the proposed rule which 1050
1556+
1557+CS/HB 433 2025
1558+
1559+
1560+
1561+CODING: Words stricken are deletions; words underlined are additions.
1562+hb433-01-c1
1563+Page 43 of 66
1564+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
1565+
1566+
1567+
1568+are readily ascertainable based upon standard business 1051
1569+practices, including, bu t not limited to, costs related to: 1052
1570+ 1. Filing fees. 1053
1571+ 2. Expenses to obtain a license. 1054
1572+ 3. Necessary equipment. 1055
1573+ 4. Installation, utilities for, and maintenance of 1056
1574+necessary equipment. 1057
1575+ 5. Necessary operations and procedures. 1058
1576+ 6. Accounting, financia l, information management, and 1059
1577+other administrative processes. 1060
1578+ 7. Other processes. 1061
1579+ 8. Labor based on relevant rates of wages, salaries, and 1062
1580+benefits. 1063
1581+ 9. Materials and supplies. 1064
1582+ 10. Capital expenditures, including financing costs. 1065
1583+ 11. Professional and technical services, including 1066
1584+contracted services necessary to implement and maintain 1067
1585+compliance. 1068
1586+ 12. Monitoring and reporting. 1069
1587+ 13. Qualifying and recurring education, training, and 1070
1588+testing. 1071
1589+ 14. Travel. 1072
1590+ 15. Insurance and surety requirements. 1073
1591+ 16. A fair and reasonable allocation of administrative 1074
1592+costs and other overhead. 1075
1593+
1594+CS/HB 433 2025
1595+
1596+
1597+
1598+CODING: Words stricken are deletions; words underlined are additions.
1599+hb433-01-c1
1600+Page 44 of 66
1601+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
1602+
1603+
1604+
1605+ 17. Reduced sales or other revenues. 1076
1606+ 18. Other items suggested by the rules ombudsman in the 1077
1607+Executive Office of the Governor or by any interested person, 1078
1608+business organization, or business representative. 1079
1609+ (7)(a) The Department of State shall include on the 1080
1610+Florida Administrative Register website the agency website 1081
1611+addresses where statements of estimated regulatory costs can be 1082
1612+viewed in their entirety. 1083
1613+ (b) An agency that prepares a statement of estimated 1084
1614+regulatory costs must provide, as part of the notice required 1085
1615+under s. 120.54(3)(a), the agency website address where the 1086
1616+statement of estimated regulatory costs can be read in its 1087
1617+entirety to the Department of State f or publication in the 1088
1618+Florida Administrative Register. 1089
1619+ (c) If an agency revises its statement of estimated 1090
1620+regulatory costs, the agency must provide notice that a revision 1091
1621+has been made in the manner provided under s. 120.54(3)(d)1. 1092
1622+Such notice must also include the agency website address where 1093
1623+the revision can be viewed in its entirety. 1094
1624+ Section 4. Section 120.5435, Florida Statutes, is created 1095
1625+to read: 1096
1626+ 120.5435 Repromulgation of rules. — 1097
1627+ (1) It is the intent of the Legislature that each agency 1098
1628+periodically review its rules for consistency with the powers 1099
1629+and duties granted by its enabling statutes. 1100
1630+
1631+CS/HB 433 2025
1632+
1633+
1634+
1635+CODING: Words stricken are deletions; words underlined are additions.
1636+hb433-01-c1
1637+Page 45 of 66
1638+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
1639+
1640+
1641+
1642+ (2) For rules promulgated before July 1, 2025, each agency 1101
1643+shall include in its annual regulatory plan submitted pursuant 1102
1644+to s. 120.74, beginning with the plan due on October 1, 2025, a 1103
1645+schedule of the rules it will review each year during the 5 -year 1104
1646+rule review period ending on December 31, 2030. The agency may 1105
1647+amend its yearly schedule in subsequent regulatory plans but 1106
1648+must provide for the completed review of at least 20 percent of 1107
1649+the agency's rules per year until all of its rules have been 1108
1650+reviewed. Any variation from the schedule must be reflected in 1109
1651+the agency's annual regulatory plan. This subsection shall stand 1110
1652+repealed on January 31, 2031. 1111
1653+ (3) If an agency determines after review that substantive 1112
1654+changes to update a rule are not required, such agency must 1113
1655+repromulgate the rule to reflect the date of the review. All 1114
1656+rules adopted, amended, or repromulgated on or after July 1, 1115
1657+2025, must be reviewed within 5 years after their effective 1116
1658+dates and every 5 years thereafter. Each agency shall review all 1117
1659+existing rules pursuant to this section no later than December 1118
1660+31, 2030. No later than July 31, 2025, the committee shall 1119
1661+provide each agency with a list of existing rules and their 1120
1662+effective dates. Failure of an agency to adhere to the deadlines 1121
1663+imposed in this section constitutes a material failure to follow 1122
1664+the applicable rulemaking procedures or requirements of this 1123
1665+chapter and shall be the basis o f an objection under s. 120.545. 1124
1666+ (4) Before repromulgation of a rule, the agency must, upon 1125
1667+
1668+CS/HB 433 2025
1669+
1670+
1671+
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1674+Page 46 of 66
1675+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
1676+
1677+
1678+
1679+approval by the agency head or his or her designee: 1126
1680+ (a) Publish a notice of repromulgation in the Florida 1127
1681+Administrative Register. A notice of repromulgation is not 1128
1682+required to include the text of the rule being repromulgated. 1129
1683+ (b) File the rule for repromulgation with the Department 1130
1684+of State. A rule may not be filed for repromulgation less than 1131
1685+28 days, or more than 90 days, after the date of publication of 1132
1686+the notice required by paragraph (a). 1133
1687+ (5) The agency must file a notice of repromulgation with 1134
1688+the committee at least 14 days before filing the rule for 1135
1689+repromulgation. At the time the rule is filed for 1136
1690+repromulgation, the committee shall certify whether th e agency 1137
1691+has responded in writing to all material and timely written 1138
1692+comments or written inquiries made on behalf of the committee. 1139
1693+ (6) A repromulgated rule is not subject to challenge as a 1140
1694+proposed rule pursuant to s. 120.56(2). 1141
1695+ (7) The hearing requir ements of s. 120.54 do not apply to 1142
1696+repromulgation of a rule. 1143
1697+ (8)(a) The agency, upon approval of the agency head or his 1144
1698+or her designee, shall electronically file with the Department 1145
1699+of State a certified copy of the repromulgated rule it proposes 1146
1700+to adopt and one certified copy of any material incorporated by 1147
1701+reference in the rule. 1148
1702+ (b) The rule is considered to be repromulgated upon its 1149
1703+filing with the Department of State. 1150
1704+
1705+CS/HB 433 2025
1706+
1707+
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1709+CODING: Words stricken are deletions; words underlined are additions.
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1712+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
1713+
1714+
1715+
1716+ (c) The Department of State shall update the history note 1151
1717+of the rule in the F lorida Administrative Code to reflect the 1152
1718+filing date of the repromulgated rule. 1153
1719+ (9) At least 90 days before each legislative session, the 1154
1720+committee shall submit to the President of the Senate and the 1155
1721+Speaker of the House of Representatives a list of all rules that 1156
1722+have not been repromulgated in accordance with this section and 1157
1723+identify whether the statutory rulemaking authority for each 1158
1724+rule remains in effect. If no action is taken by the Legislature 1159
1725+with regard to a rule during the next regular legislat ive 1160
1726+session, each agency, within 14 days after the close of the 1161
1727+session, must initiate rulemaking proceedings under chapter 120 1162
1728+to repeal the rule. 1163
1729+ (10) The Department of State shall adopt rules to 1164
1730+implement this section by December 31, 2025. 1165
1731+ Section 5. Subsection (1) of section 120.545, Florida 1166
1732+Statutes, is amended to read: 1167
1733+ 120.545 Committee review of agency rules. — 1168
1734+ (1) As a legislative check on legislatively created 1169
1735+authority, the committee shall examine each existing rule and 1170
1736+proposed rule, except for those proposed rules exempted by s. 1171
1737+120.81(1)(e) and (2), and its accompanying material, and each 1172
1738+emergency rule, and may examine any existing rule, for the 1173
1739+purpose of determining whether: 1174
1740+ (a) The rule is an invalid exercise of delegated 1175
1741+
1742+CS/HB 433 2025
1743+
1744+
1745+
1746+CODING: Words stricken are deletions; words underlined are additions.
1747+hb433-01-c1
1748+Page 48 of 66
1749+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
1750+
1751+
1752+
1753+legislative authority. 1176
1754+ (b) The statutory authority for the rule has been 1177
1755+repealed. 1178
1756+ (c) The rule reiterates or paraphrases statutory material. 1179
1757+ (d) The rule is in proper form. 1180
1758+ (e) The notice given before prior to its adoption was 1181
1759+sufficient to give adequate notice of the purpose and effect of 1182
1760+the rule. 1183
1761+ (f) The rule is consistent with expressed legislative 1184
1762+intent pertaining to the specific provisions of law which the 1185
1763+rule implements. 1186
1764+ (g) The rule is necessary t o accomplish the apparent or 1187
1765+expressed objectives of the specific provision of law which the 1188
1766+rule implements. 1189
1767+ (h) The rule is a reasonable implementation of the law as 1190
1768+it affects the convenience of the general public or persons 1191
1769+particularly affected by t he rule. 1192
1770+ (i) The rule could be made less complex or more easily 1193
1771+comprehensible to the general public. 1194
1772+ (j) The rule's statement of estimated regulatory costs 1195
1773+complies with the requirements of s. 120.541 and whether the 1196
1774+rule does not impose regulatory co sts on the regulated person, 1197
1775+county, or city which could be reduced by the adoption of less 1198
1776+costly alternatives that substantially accomplish the statutory 1199
1777+objectives. 1200
1778+
1779+CS/HB 433 2025
1780+
1781+
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1783+CODING: Words stricken are deletions; words underlined are additions.
1784+hb433-01-c1
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1786+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
1787+
1788+
1789+
1790+ (k) The rule will require additional appropriations. 1201
1791+ (l) If the rule is an emergency rule, there exists an 1202
1792+emergency justifying the adoption of such rule, the agency is 1203
1793+within its statutory authority, and the rule was adopted in 1204
1794+compliance with the requirements and limitations of s. 1205
1795+120.54(4). 1206
1796+ Section 6. Paragraphs (a), (b), and (c) o f subsection (1) 1207
1797+of section 120.55, Florida Statutes, are amended to read: 1208
1798+ 120.55 Publication. — 1209
1799+ (1) The Department of State shall: 1210
1800+ (a)1. Through a continuous revision and publication 1211
1801+system, compile and publish electronically, on a website managed 1212
1802+by the department, the "Florida Administrative Code." The 1213
1803+Florida Administrative Code must shall contain all rules adopted 1214
1804+by each agency, citing the grant of rulemaking authority and the 1215
1805+specific law implemented pursuant to which each rule was 1216
1806+adopted, all history notes as authorized in s. 120.545(7), 1217
1807+complete indexes to all rules contained in the code, and any 1218
1808+other material required or authorized by law or deemed useful by 1219
1809+the department. The electronic code must shall display each rule 1220
1810+chapter currently in effect in browse mode and allow full text 1221
1811+search of the code and each rule chapter. The department may 1222
1812+contract with a publishing firm for a printed publication; 1223
1813+however, the department shall retain responsibility for the code 1224
1814+as provided in this section . The electronic publication is shall 1225
1815+
1816+CS/HB 433 2025
1817+
1818+
1819+
1820+CODING: Words stricken are deletions; words underlined are additions.
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1823+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
1824+
1825+
1826+
1827+be the official compilation of the administrative rules of this 1226
1828+state. The Florida Administrative Register must be published 1227
1829+once each business day by 8 a.m., with the exception of state 1228
1830+holidays or emergency closures of state agencies. If a rule, 1229
1831+proposed rule, or notice of rule development is corrected and 1230
1832+replaced, the corrected rule or notice must be published in the 1231
1833+next available Florida Administrative Register with a notation 1232
1834+indicating that the rule, proposed ru le, or notice has been 1233
1835+corrected by the Department of State. Any timeframes for 1234
1836+rulemaking set forth in this chapter must revert to the initial 1235
1837+date of publication. 1236
1838+ 1237
1839+The Department of State retains shall retain the copyright over 1238
1840+the Florida Administrative Code. 1239
1841+ 2. Not publish rules in the Florida Administrative Code 1240
1842+which are general in form but applicable to only one school 1241
1843+district, community college district, or county, or a part 1242
1844+thereof, or state universi ty rules relating to internal 1243
1845+personnel or business and finance shall not be published in the 1244
1846+Florida Administrative Code . Exclusion from publication in the 1245
1847+Florida Administrative Code does shall not affect the validity 1246
1848+or effectiveness of such rules. 1247
1849+ 3. At the beginning of the section of the code dealing 1248
1850+with an agency that files copies of its rules with the 1249
1851+department, the department shall publish the address and 1250
1852+
1853+CS/HB 433 2025
1854+
1855+
1856+
1857+CODING: Words stricken are deletions; words underlined are additions.
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1860+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
1861+
1862+
1863+
1864+telephone number of the executive offices of each agency, the 1251
1865+manner by which the agency in dexes its rules, a listing of all 1252
1866+rules of that agency excluded from publication in the code, and 1253
1867+a statement as to where those rules may be inspected. 1254
1868+ 3.4. Not publish forms shall not be published in the 1255
1869+Florida Administrative Code; but any form which a n agency uses 1256
1870+in its dealings with the public, along with any accompanying 1257
1871+instructions, shall be filed with the committee before it is 1258
1872+used. Any form or instruction which meets the definition of 1259
1873+"rule" provided in s. 120.52 must shall be incorporated by 1260
1874+reference into the appropriate rule. The reference must shall 1261
1875+specifically state that the form is being incorporated by 1262
1876+reference and must shall include the number, title, and 1263
1877+effective date of the form and an explanation of how the form 1264
1878+may be obtained. Each form created by an agency which is 1265
1879+incorporated by reference in a rule notice of which is given 1266
1880+under s. 120.54(3)(a) after December 31, 2007, must clearly 1267
1881+display the number, title, and effective date of the form and 1268
1882+the number of the rule in which the form is incorporated. 1269
1883+ 4.5. Require all materials incorporated by reference in 1270
1884+any part of an adopted rule and in any part of a repromulgated 1271
1885+rule The department shall allow adopted rules and material 1272
1886+incorporated by reference to be filed in the manner prescribed 1273
1887+by s. 120.54(1)(i)3.a. or b. electronic form as prescribed by 1274
1888+department rule. When a proposed rule is filed for adoption or 1275
1889+
1890+CS/HB 433 2025
1891+
1892+
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1896+Page 52 of 66
1897+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
1898+
1899+
1900+
1901+repromulgation with incorporated material in electronic form, 1276
1902+the department's publication of the Florida Administrative Code 1277
1903+on its website must contain a hyperlink from the incorporating 1278
1904+reference in the rule directly to that material. The department 1279
1905+may not allow hyperlinks from rules in the Florida 1280
1906+Administrative Code to any material other than that filed with 1281
1907+and maintained by the department, but may allow hyperlinks to 1282
1908+incorporated material maintained by the department from the 1283
1909+adopting agency's website or other sites. 1284
1910+ 5. Include the date of any technical changes to a rule in 1285
1911+the history note of the rule in the Florid a Administrative Code. 1286
1912+A technical change does not affect the effective date of the 1287
1913+rule. 1288
1914+ 1289
1915+At the beginning of the section of the code dealing with an 1290
1916+agency that files copies of its rules with the department, the 1291
1917+agency shall publish the address and telep hone number of the 1292
1918+executive offices of each agency, the manner by which the agency 1293
1919+indexes its rules, a listing of all rules of that agency 1294
1920+excluded from publication in the code, and a statement as to 1295
1921+where those rules may be inspected. 1296
1922+ (b) Electronically publish on a website managed by the 1297
1923+department a continuous revision and publication entitled the 1298
1924+"Florida Administrative Register," which shall serve as the 1299
1925+official publication and must contain: 1300
1926+
1927+CS/HB 433 2025
1928+
1929+
1930+
1931+CODING: Words stricken are deletions; words underlined are additions.
1932+hb433-01-c1
1933+Page 53 of 66
1934+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
1935+
1936+
1937+
1938+ 1. All notices required by s. 120.54(2) and (3)(a), 1301
1939+showing the text of all rules proposed for consideration. 1302
1940+ 2. All notices of public meetings, hearings, and workshops 1303
1941+conducted in accordance with s. 120.525, including a statement 1304
1942+of the manner in which a copy of the agenda may be obtained. 1305
1943+ 3. A notice of each request for authorization to amend or 1306
1944+repeal an existing uniform rule or for the adoption of new 1307
1945+uniform rules. 1308
1946+ 4. Notice of petitions for declaratory statements or 1309
1947+administrative determinations. 1310
1948+ 5. A summary of each objection to any rule filed by the 1311
1949+Administrative Procedures Committee. 1312
1950+ 6. A list of rules filed for adoption in the previous 7 1313
1951+days. 1314
1952+ 7. A list of all rules filed for adoption pending 1315
1953+legislative ratification under s. 120.541(3). A rule shall be 1316
1954+removed from the list once notice of ratification or withdrawal 1317
1955+of the rule is received. 1318
1956+ 8. The full text of each emergency rule in effect on the 1319
1957+date of publication. 1320
1958+ 9.8. Any other material required or authorized by law or 1321
1959+deemed useful by the department. 1322
1960+ 1323
1961+The department may contract with a publishing firm for a printed 1324
1962+publication of the Florida Administrative Register and make 1325
1963+
1964+CS/HB 433 2025
1965+
1966+
1967+
1968+CODING: Words stricken are deletions; words underlined are additions.
1969+hb433-01-c1
1970+Page 54 of 66
1971+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
1972+
1973+
1974+
1975+copies available on an annual subscription basis. 1326
1976+ (c) Prescribe by rule the style and form required for 1327
1977+rules, notices, and other materials submitted for fil ing, 1328
1978+including a rule requiring documents created by an agency which 1329
1979+are proposed to be incorporated by reference in notices 1330
1980+published pursuant to s. 120.54(3)(a) and (d) to be coded in the 1331
1981+same manner as notices published pursuant to s. 120.54(3)(a)1 . 1332
1982+ Section 7. Paragraph (a) of subsection (2) of section 1333
1983+120.56, Florida Statutes, is amended to read: 1334
1984+ 120.56 Challenges to rules. — 1335
1985+ (2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS. — 1336
1986+ (a) A petition alleging the invalidity of a proposed rule 1337
1987+shall be filed within 21 days after the date of publication of 1338
1988+the notice required by s. 120.54(3)(a); within 10 days after the 1339
1989+final public hearing is held on the proposed rule as provided by 1340
1990+s. 120.54(3)(e)2.; within 20 days after the statement of 1341
1991+estimated regulatory costs or revised statement of estimated 1342
1992+regulatory costs, if applicable, has been prepared and made 1343
1993+available as provided in s. 120.541(1)(c) s. 120.541(1)(d); or 1344
1994+within 20 days after the date of publication of the notice 1345
1995+required by s. 120.54(3)(d). The petitioner has the burden to 1346
1996+prove by a preponderance of the evidence that the petitioner 1347
1997+would be substantially affected by the proposed rule. The agency 1348
1998+then has the burden to prove by a preponderance of the evidence 1349
1999+that the proposed rule is not an invalid exercise of delegated 1350
2000+
2001+CS/HB 433 2025
2002+
2003+
2004+
2005+CODING: Words stricken are deletions; words underlined are additions.
2006+hb433-01-c1
2007+Page 55 of 66
2008+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
2009+
2010+
2011+
2012+legislative authority as to the objections raised. A person who 1351
2013+is not substantially affected by the proposed rule as initially 1352
2014+noticed, but who is substantially affected by the rule as a 1353
2015+result of a change, may challenge any provision of the resulting 1354
2016+proposed rule. 1355
2017+ Section 8. Subsection (1) and paragraph (a) of subsection 1356
2018+(2) of section 120.74, Florida Statutes, are amended to read: 1357
2019+ 120.74 Agency annual rulemaking and regulatory plans; 1358
2020+reports.— 1359
2021+ (1) REGULATORY PLAN. —By October 1 of each year, each 1360
2022+agency shall prepare a regulatory plan. 1361
2023+ (a) The plan must include a listing of each law enacted or 1362
2024+amended during the previous 12 months which creates or modifies 1363
2025+the duties or authority of the agency. If the Governor or t he 1364
2026+Attorney General provides a letter to the committee stating that 1365
2027+a law affects all or most agencies, the agency may exclude the 1366
2028+law from its plan. For each law listed by an agency under this 1367
2029+paragraph, the plan must state: 1368
2030+ 1. Whether the agency must a dopt rules to implement the 1369
2031+law. 1370
2032+ 2. If rulemaking is necessary to implement the law: 1371
2033+ a. Whether a notice of rule development has been published 1372
2034+and, if so, the citation to such notice in the Florida 1373
2035+Administrative Register. 1374
2036+ b. The date by which the a gency expects to publish the 1375
2037+
2038+CS/HB 433 2025
2039+
2040+
2041+
2042+CODING: Words stricken are deletions; words underlined are additions.
2043+hb433-01-c1
2044+Page 56 of 66
2045+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
2046+
2047+
2048+
2049+notice of proposed rule under s. 120.54(3)(a). 1376
2050+ 3. If rulemaking is not necessary to implement the law, a 1377
2051+concise written explanation of the reasons why the law may be 1378
2052+implemented without rulemaking. 1379
2053+ (b) The plan must also identify and describe each rule, 1380
2054+including each rule number or proposed rule number, which 1381
2055+include a listing of each law not otherwise listed pursuant to 1382
2056+paragraph (a) which the agency expects to develop, adopt, or 1383
2057+repeal for the 12-month period beginning o n October 1 and ending 1384
2058+on September 30 implement by rulemaking before the following 1385
2059+July 1, excluding emergency rules except emergency rulemaking . 1386
2060+For each rule law listed under this paragraph, the plan must 1387
2061+state whether the rulemaking is intended to simplify, clarify, 1388
2062+increase efficiency, improve coordination with other agencies, 1389
2063+reduce regulatory costs, or delete obsolete, unnecessary, or 1390
2064+redundant rules. 1391
2065+ (c) The plan must include any desired update to the prior 1392
2066+year's regulatory plan or supplement published pursuant to 1393
2067+subsection (7). If, in a prior year, a law was identified under 1394
2068+this paragraph or under subparagraph (a)1. as a law requiring 1395
2069+rulemaking to implement but a notice of proposed rule has not 1396
2070+been published: 1397
2071+ 1. The agency must shall identify and again list such law, 1398
2072+noting the applicable notice of rule development by citation to 1399
2073+the Florida Administrative Register; or 1400
2074+
2075+CS/HB 433 2025
2076+
2077+
2078+
2079+CODING: Words stricken are deletions; words underlined are additions.
2080+hb433-01-c1
2081+Page 57 of 66
2082+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
2083+
2084+
2085+
2086+ 2. If the agency has subsequen tly determined that 1401
2087+rulemaking is not necessary to implement the law, the agency 1402
2088+must shall identify such law, reference the citation to the 1403
2089+applicable notice of rule development in the Florida 1404
2090+Administrative Register, and provide a concise written 1405
2091+explanation of the reason why the law may be implemented without 1406
2092+rulemaking. 1407
2093+ (d) The plan must provide a list of all rules that have 1408
2094+been repromulgated pursuant to s. 120.5435 over the previous 12 1409
2095+months and identify any rules that are required to be 1410
2096+repromulgated for the 12-month period beginning on October 1 and 1411
2097+ending on September 30. 1412
2098+ (e)(d) The plan must include a certification executed on 1413
2099+behalf of the agency by both the agency head, or, if the agency 1414
2100+head is a collegial body, the presiding officer; and t he 1415
2101+individual acting as principal legal advisor to the agency head. 1416
2102+The certification must declare: 1417
2103+ 1. Verify That the persons executing the certification 1418
2104+have reviewed the plan. 1419
2105+ 2. Verify That the agency regularly reviews all of its 1420
2106+rules and identify the period during which all rules have most 1421
2107+recently been reviewed to determine if the rules remain 1422
2108+consistent with the agency's rulemaking authority and the laws 1423
2109+implemented. 1424
2110+ 3. That the agency understands that regulatory 1425
2111+
2112+CS/HB 433 2025
2113+
2114+
2115+
2116+CODING: Words stricken are deletions; words underlined are additions.
2117+hb433-01-c1
2118+Page 58 of 66
2119+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
2120+
2121+
2122+
2123+accountability is necessary to ensure public confidence in the 1426
2124+integrity of state government and, to that end, the agency is 1427
2125+diligently working toward lowering the total number of rules 1428
2126+adopted. 1429
2127+ 4. The total number of rules adopted and repealed during 1430
2128+the previous 12 months. 1431
2129+ (f) Beginning October 1, 2025, each agency issuing 1432
2130+licenses, as defined in s. 120.52, in accordance with s. 120.60 1433
2131+shall track the agency's compliance with the licensing 1434
2132+timeframes established in s. 120.60, and beginning October 1, 1435
2133+2026, must include in the re gulatory plan required by subsection 1436
2134+(1) all of the following information regarding its licensing 1437
2135+activities in the prior fiscal year, categorized by type of 1438
2136+license: 1439
2137+ 1. The number of license applications submitted to the 1440
2138+agency. 1441
2139+ 2. The number of licen se applications that required one or 1442
2140+more requests for additional information. 1443
2141+ 3. The number of license applications for which the 1444
2142+applicant was nonresponsive to one or more requests for 1445
2143+additional information. 1446
2144+ 4. The number of license applications tha t were not 1447
2145+completed by the applicant. 1448
2146+ 5. The number of license applications for which the agency 1449
2147+requested that the applicant grant an extension of time for the 1450
2148+
2149+CS/HB 433 2025
2150+
2151+
2152+
2153+CODING: Words stricken are deletions; words underlined are additions.
2154+hb433-01-c1
2155+Page 59 of 66
2156+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
2157+
2158+
2159+
2160+agency to issue a request for additional information, determine 1451
2161+that an application is compl ete, or issue a decision to approve 1452
2162+or deny an application. 1453
2163+ 6. The number of license applications for which an 1454
2164+extension was requested by the applicant and for which an 1455
2165+extension was required by the state agency or judicial branch. 1456
2166+ 7. The number of lic ense applications that were not 1457
2167+approved or denied within the statutory timeframe. 1458
2168+ 8. The average and median number of days it takes the 1459
2169+agency to approve or deny an application after receipt of a 1460
2170+completed application. 1461
2171+ 9. The number of license applica tions for which final 1462
2172+agency action was appealed and the number of informal and formal 1463
2173+hearings requested. 1464
2174+ (2) PUBLICATION AND DELIVERY TO THE COMMITTEE. — 1465
2175+ (a) By October 1 of each year, each agency shall: 1466
2176+ 1. Publish its regulatory plan on its website or on 1467
2177+another state website established for publication of 1468
2178+administrative law records. A clearly labeled hyperlink to the 1469
2179+current plan must be included on the agency's primary website 1470
2180+homepage. 1471
2181+ 2. Electronically deliver to the committee a copy of the 1472
2182+certification required in paragraph (1)(e) (1)(d). 1473
2183+ 3. Publish in the Florida Administrative Register a notice 1474
2184+identifying the date of publication of the agency's regulatory 1475
2185+
2186+CS/HB 433 2025
2187+
2188+
2189+
2190+CODING: Words stricken are deletions; words underlined are additions.
2191+hb433-01-c1
2192+Page 60 of 66
2193+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
2194+
2195+
2196+
2197+plan. The notice must include a hyperlink or website address 1476
2198+providing direct acces s to the published plan. 1477
2199+ Section 9. Subsections (11) and (20) of section 120.80, 1478
2200+Florida Statutes, are amended to read: 1479
2201+ 120.80 Exceptions and special requirements; agencies. — 1480
2202+ (11) NATIONAL GUARD. —Notwithstanding s. 120.52(17) s. 1481
2203+120.52(16), the enlistment, organization, administration, 1482
2204+equipment, maintenance, training, and discipline of the militia, 1483
2205+National Guard, organized militia, and unorganized militia, as 1484
2206+provided by s. 2, Art. X of the State Constitution, are not 1485
2207+rules as defined by this chap ter. 1486
2208+ (20) FLORIDA STATE GUARD. —Notwithstanding s. 120.52(17) s. 1487
2209+120.52(16), the enlistment, organization, administration, 1488
2210+equipment, maintenance, training, and discipline of the Florida 1489
2211+State Guard are not rules as defined by this chapter. 1490
2212+ Section 10. Paragraphs (c) and (e) of subsection (1) of 1491
2213+section 120.81, Florida Statutes, are amended to read: 1492
2214+ 120.81 Exceptions and special requirements; general 1493
2215+areas.— 1494
2216+ (1) EDUCATIONAL UNITS. — 1495
2217+ (c) Notwithstanding s. 120.52(17) s. 120.52(16), any 1496
2218+tests, test scoring criteria, or testing procedures relating to 1497
2219+student assessment which are developed or administered by the 1498
2220+Department of Education pursuant to s. 1003.4282, s. 1008.22, or 1499
2221+s. 1008.25, or any other statewide educational tests required by 1500
2222+
2223+CS/HB 433 2025
2224+
2225+
2226+
2227+CODING: Words stricken are deletions; words underlined are additions.
2228+hb433-01-c1
2229+Page 61 of 66
2230+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
2231+
2232+
2233+
2234+law, are not rules. 1501
2235+ (e) Educational units, other than the Florida School for 1502
2236+the Deaf and the Blind, shall not be required to make filings 1503
2237+with the committee of the documents required to be filed by s. 1504
2238+120.54 or s. 120.55(1)(a)3 s. 120.55(1)(a)4. 1505
2239+ Section 11. Paragraph (a) of subsection (1) of section 1506
2240+420.9072, Florida Statutes, is amended to read: 1507
2241+ 420.9072 State Housing Initiatives Partnership Program. —1508
2242+The State Housing Initiatives Partnership Program is created for 1509
2243+the purpose of providing funds to counties an d eligible 1510
2244+municipalities as an incentive for the creation of local housing 1511
2245+partnerships, to expand production of and preserve affordable 1512
2246+housing, to further the housing element of the local government 1513
2247+comprehensive plan specific to affordable housing, and to 1514
2248+increase housing-related employment. 1515
2249+ (1)(a) In addition to the legislative findings set forth 1516
2250+in s. 420.6015, the Legislature finds that affordable housing is 1517
2251+most effectively provided by combining available public and 1518
2252+private resources to conserve a nd improve existing housing and 1519
2253+provide new housing for very -low-income households, low -income 1520
2254+households, and moderate -income households. The Legislature 1521
2255+intends to encourage partnerships in order to secure the 1522
2256+benefits of cooperation by the public and pr ivate sectors and to 1523
2257+reduce the cost of housing for the target group by effectively 1524
2258+combining all available resources and cost -saving measures. The 1525
2259+
2260+CS/HB 433 2025
2261+
2262+
2263+
2264+CODING: Words stricken are deletions; words underlined are additions.
2265+hb433-01-c1
2266+Page 62 of 66
2267+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
2268+
2269+
2270+
2271+Legislature further intends that local governments achieve this 1526
2272+combination of resources by encouraging acti ve partnerships 1527
2273+between government, lenders, builders and developers, real 1528
2274+estate professionals, advocates for low -income persons, and 1529
2275+community groups to produce affordable housing and provide 1530
2276+related services. Extending the partnership concept to encompa ss 1531
2277+cooperative efforts among small counties as defined in s. 120.52 1532
2278+s. 120.52(19), and among counties and municipalities is 1533
2279+specifically encouraged. Local governments are also intended to 1534
2280+establish an affordable housing advisory committee to recommend 1535
2281+monetary and nonmonetary incentives for affordable housing as 1536
2282+provided in s. 420.9076. 1537
2283+ Section 12. Subsection (7) of section 420.9075, Florida 1538
2284+Statutes, is amended to read: 1539
2285+ 420.9075 Local housing assistance plans; partnerships. — 1540
2286+ (7) The moneys deposited in the local housing assistance 1541
2287+trust fund shall be used to administer and implement the local 1542
2288+housing assistance plan. The cost of administering the plan may 1543
2289+not exceed 5 percent of the local housing distribution moneys 1544
2290+and program income deposited into the trust fund. A county or an 1545
2291+eligible municipality may not exceed the 5 -percent limitation on 1546
2292+administrative costs, unless its governing body finds, by 1547
2293+resolution, that 5 percent of the local housing distribution 1548
2294+plus 5 percent of program income is insufficient to adequately 1549
2295+pay the necessary costs of administering the local housing 1550
2296+
2297+CS/HB 433 2025
2298+
2299+
2300+
2301+CODING: Words stricken are deletions; words underlined are additions.
2302+hb433-01-c1
2303+Page 63 of 66
2304+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
2305+
2306+
2307+
2308+assistance plan. The cost of administering the program may not 1551
2309+exceed 10 percent of the local housing distribution plus 5 1552
2310+percent of program income de posited into the trust fund, except 1553
2311+that small counties, as defined in s. 120.52 s. 120.52(19), and 1554
2312+eligible municipalities receiving a local housing distribution 1555
2313+of up to $350,000 may use up to 10 percent of program income for 1556
2314+administrative costs. 1557
2315+ Section 13. Paragraph (d) of subsection (1) of section 1558
2316+443.091, Florida Statutes, is amended to read: 1559
2317+ 443.091 Benefit eligibility conditions. — 1560
2318+ (1) An unemployed individual is eligible to receive 1561
2319+benefits for any week only if the Department of Commerce finds 1562
2320+that: 1563
2321+ (d) She or he is able to work and is available for work. 1564
2322+In order to assess eligibility for a claimed week of 1565
2323+unemployment, the department shall develop criteria to determine 1566
2324+a claimant's ability to work and availability for work. A 1567
2325+claimant must be actively seeking work in order to be considered 1568
2326+available for work. This means engaging in systematic and 1569
2327+sustained efforts to find work, including contacting at least 1570
2328+five prospective employers for each week of unemployment 1571
2329+claimed. The departmen t may require the claimant to provide 1572
2330+proof of such efforts to the one -stop career center as part of 1573
2331+reemployment services. A claimant's proof of work search efforts 1574
2332+may not include the same prospective employer at the same 1575
2333+
2334+CS/HB 433 2025
2335+
2336+
2337+
2338+CODING: Words stricken are deletions; words underlined are additions.
2339+hb433-01-c1
2340+Page 64 of 66
2341+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
2342+
2343+
2344+
2345+location in 3 consecutive weeks, unless the employer has 1576
2346+indicated since the time of the initial contact that the 1577
2347+employer is hiring. The department shall conduct random reviews 1578
2348+of work search information provided by claimants. As an 1579
2349+alternative to contacting at least five prospective em ployers 1580
2350+for any week of unemployment claimed, a claimant may, for that 1581
2351+same week, report in person to a one -stop career center to meet 1582
2352+with a representative of the center and access reemployment 1583
2353+services of the center. The center shall keep a record of the 1584
2354+services or information provided to the claimant and shall 1585
2355+provide the records to the department upon request by the 1586
2356+department. However: 1587
2357+ 1. Notwithstanding any other provision of this paragraph 1588
2358+or paragraphs (b) and (e), an otherwise eligible individua l may 1589
2359+not be denied benefits for any week because she or he is in 1590
2360+training with the approval of the department, or by reason of s. 1591
2361+443.101(2) relating to failure to apply for, or refusal to 1592
2362+accept, suitable work. Training may be approved by the 1593
2363+department in accordance with criteria prescribed by rule. A 1594
2364+claimant's eligibility during approved training is contingent 1595
2365+upon satisfying eligibility conditions prescribed by rule. 1596
2366+ 2. Notwithstanding any other provision of this chapter, an 1597
2367+otherwise eligible indiv idual who is in training approved under 1598
2368+s. 236(a)(1) of the Trade Act of 1974, as amended, may not be 1599
2369+determined ineligible or disqualified for benefits due to 1600
2370+
2371+CS/HB 433 2025
2372+
2373+
2374+
2375+CODING: Words stricken are deletions; words underlined are additions.
2376+hb433-01-c1
2377+Page 65 of 66
2378+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
2379+
2380+
2381+
2382+enrollment in such training or because of leaving work that is 1601
2383+not suitable employment to enter such training. As used in this 1602
2384+subparagraph, the term "suitable employment" means work of a 1603
2385+substantially equal or higher skill level than the worker's past 1604
2386+adversely affected employment, as defined for purposes of the 1605
2387+Trade Act of 1974, as amended, the wa ges for which are at least 1606
2388+80 percent of the worker's average weekly wage as determined for 1607
2389+purposes of the Trade Act of 1974, as amended. 1608
2390+ 3. Notwithstanding any other provision of this section, an 1609
2391+otherwise eligible individual may not be denied benefits for any 1610
2392+week because she or he is before any state or federal court 1611
2393+pursuant to a lawfully issued summons to appear for jury duty. 1612
2394+ 4. Union members who customarily obtain employment through 1613
2395+a union hiring hall may satisfy the work search requirements of 1614
2396+this paragraph by reporting daily to their union hall. 1615
2397+ 5. The work search requirements of this paragraph do not 1616
2398+apply to persons who are unemployed as a result of a temporary 1617
2399+layoff or who are claiming benefits under an approved short -time 1618
2400+compensation plan as provided in s. 443.1116. 1619
2401+ 6. In small counties as defined in s. 120.52 s. 1620
2402+120.52(19), a claimant engaging in systematic and sustained 1621
2403+efforts to find work must contact at least three prospective 1622
2404+employers for each week of unemployment claimed. 1623
2405+ 7. The work search requirements of this paragraph do not 1624
2406+apply to persons required to participate in reemployment 1625
2407+
2408+CS/HB 433 2025
2409+
2410+
2411+
2412+CODING: Words stricken are deletions; words underlined are additions.
2413+hb433-01-c1
2414+Page 66 of 66
2415+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
2416+
2417+
2418+
2419+services under paragraph (e). 1626
2420+ Section 14. This act shall take effect July 1, 2025. 1627