Florida Senate - 2025 SB 108 By Senator Grall 29-01264-25 2025108__ 1 A bill to be entitled 2 An act relating to administrative procedures; amending 3 s. 120.52, F.S.; defining the term technical change; 4 amending s. 120.54, F.S.; requiring agencies to 5 publish a certain notice of proposed rule within a 6 specified timeframe; deleting a provision related to 7 the timeframe within which rules are required to be 8 drafted and formally proposed; prohibiting materials 9 from being incorporated by reference for certain rules 10 reviewed after a specified date unless certain 11 conditions are met; prohibiting rules proposed after a 12 specified date from having materials incorporated by 13 reference unless certain conditions are met; requiring 14 agencies to use specific coding if they are updating 15 or making changes to certain documents incorporated by 16 reference; requiring that certain notices of rule 17 development include incorporated documents; revising 18 the notices required to be issued by agencies before 19 the adoption, amendment, or repeal of certain rules; 20 requiring that such notices be published in the 21 Florida Administrative Register within a specified 22 timeframe; requiring that specified information be 23 available for public inspection; requiring that 24 materials incorporated by reference be made available 25 in a specified manner; requiring that certain notices 26 be delivered electronically to all persons who made 27 requests for such notice; requiring agencies to 28 publish a notice of correction for certain changes; 29 providing that notices of correction do not affect 30 certain timeframes; requiring that technical changes 31 be published as notices of correction; requiring 32 agencies to provide copies of any offered regulatory 33 alternatives to the Administrative Procedures 34 Committee before the agency files a rule for adoption; 35 requiring that certain materials incorporated by 36 reference be made available in a specified manner; 37 requiring that certain rules be withdrawn if not 38 ratified within the legislative session immediately 39 following the filing for adoption; requiring the 40 agency to reinitiate rulemaking within a specified 41 timeframe of the adjournment of such legislative 42 session; reducing the number of certified copies of a 43 proposed rule that must be electronically filed with 44 the Department of State; authorizing agencies to adopt 45 emergency rules under specified conditions; requiring 46 that specified information be published in the first 47 available issue of the Florida Administrative Register 48 and provided to the Administrative Procedures 49 Committee; requiring that notices of renewal for 50 emergency rules be published in the Florida 51 Administrative Register before expiration of the 52 existing emergency rule; requiring that such notices 53 contain specified information; requiring that a note 54 be added to a certain history note for certain 55 emergency rules; requiring that emergency rules be 56 published in the Florida Administrative Code; 57 authorizing agencies to adopt emergency rules that 58 supersede other emergency rules; requiring that the 59 reason for such superseding rules be stated in 60 accordance with specified provisions; authorizing 61 agencies to make technical changes to emergency rules 62 within a specified timeframe; requiring that such 63 changes be published in the Florida Administrative 64 Register as a notice of correction; authorizing 65 agencies to repeal emergency rules by providing a 66 certain notice in the Florida Administrative Register; 67 requiring agencies to provide specified petitions to 68 the committee within a specified timeframe after 69 receipt; requiring agencies to provide a certain 70 notification to the committee within a specified 71 timeframe; reenacting and amending s. 120.541, F.S.; 72 providing that a proposal for a lower cost regulatory 73 alternative submitted after a notice of change is made 74 in good faith only if the proposal contains certain 75 statements; requiring agencies to provide a copy of 76 such proposals and responses thereto to the committee 77 within specified timeframes; prohibiting agencies from 78 filing a rule for adoption unless such proposals are 79 provided to the committee; requiring agencies to 80 notify the committee within a specified timeframe that 81 a rule has been submitted for legislative 82 ratification; creating s. 120.5435, F.S.; requiring 83 agencies, by a specified date and in coordination with 84 the committee, to review specified rules adopted 85 before a specified date; requiring agencies to include 86 a list of existing rules and a schedule of rules they 87 plan to review each year in a certain regulatory plan; 88 authorizing agencies to amend such schedules under 89 specified circumstances but requiring that at least a 90 specified percentage of an agencys rules be reviewed 91 each year until completion of all reviews; requiring 92 agencies to make specified determinations during rule 93 review; requiring agencies to submit a certain report 94 to the Legislature annually by a specified date; 95 requiring agencies to take one of certain specified 96 actions during rule reviews by a specified date; 97 providing requirements for the agencies in connection 98 with each of the specified actions; requiring the 99 committee to examine agencies rule review 100 submissions; authorizing the committee to request 101 certain information from such agencies; requiring that 102 such review occur within a specified timeframe under 103 specified conditions; requiring the committee to issue 104 a certain certification upon completion of 105 examinations; specifying circumstances under which 106 rule review is considered completed; requiring the 107 department to publish a certain notice in the Florida 108 Administrative Register; providing construction; 109 providing applicability; requiring the department to 110 adopt rules before a specified date; providing for 111 future review and repeal; amending s. 120.55, F.S.; 112 revising the contents of the Florida Administrative 113 Code to conform to changes made by the act; requiring, 114 after a specified date, that any material incorporated 115 by reference be filed in a specified electronic format 116 with the department; requiring that the Florida 117 Administrative Register contain a certain list; 118 requiring that the department prescribe coding for 119 certain documents incorporated by reference; amending 120 s. 120.74, F.S.; requiring that regulatory plans 121 submitted by agencies include certain schedules for 122 rule review and certain desired updates to such plans; 123 requiring agencies to take certain actions if the 124 agencies have not completed reviewing a rule; deleting 125 provisions related to deadlines for rule development; 126 deleting deadlines for publishing proposed rules; 127 deleting provisions requiring agencies to file certain 128 certifications with the committee; authorizing 129 agencies to correct a regulatory plan to conclude 130 affected rulemaking proceedings by identifying certain 131 rules; revising the timeframes within which agencies 132 must publish certain notices; conforming provisions to 133 changes made by the act; providing an effective date. 134 135 Be It Enacted by the Legislature of the State of Florida: 136 137 Section 1.Present subsections (20), (21), and (22) of 138 section 120.52, Florida Statutes, are redesignated as 139 subsections (21), (22), and (23), respectively, and a new 140 subsection (20) is added to that section, to read: 141 120.52Definitions.As used in this act: 142 (20)Technical change means a change limited to 143 correcting citations or grammatical, typographical, or similar 144 errors that do not affect the substance of the rule. 145 Section 2.Paragraphs (b) and (i) of subsection (1), 146 paragraph (a) of subsection (2), paragraphs (a), (b), (d), and 147 (e) of subsection (3), subsection (4), and paragraph (a) of 148 subsection (7) of section 120.54, Florida Statutes, are amended 149 to read: 150 120.54Rulemaking. 151 (1)GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN 152 EMERGENCY RULES. 153 (b)Whenever an act of the Legislature is enacted which 154 requires implementation of the act by rules of an agency, the 155 agency must publish a notice of proposed rule within the 156 executive branch of state government, such rules shall be 157 drafted and formally proposed as provided in this section within 158 90 days after the effective date of the act granting rulemaking 159 authority within the times provided in s. 120.74(4) and (5). 160 (i)1.A rule may incorporate material by reference but only 161 as the material exists on the date the rule is adopted. For 162 purposes of the rule, changes in the material are not effective 163 unless the rule is amended to incorporate the changes. 164 2.An agency rule that incorporates by specific reference 165 another rule of that agency automatically incorporates 166 subsequent amendments to the referenced rule unless a contrary 167 intent is clearly indicated in the referencing rule. A notice of 168 amendments to a rule that has been incorporated by specific 169 reference in other rules of that agency must explain the effect 170 of those amendments on the referencing rules. 171 3.In rules adopted after December 31, 2010, or reviewed 172 pursuant to s. 120.5435, material may not be incorporated by 173 reference unless: 174 a.The material has been submitted in the prescribed 175 electronic format to the Department of State and the full text 176 of the material can be made available for free public access 177 through an electronic hyperlink from the rule making the 178 reference in the Florida Administrative Code; or 179 b.The agency has determined that posting the material on 180 the Internet for purposes of public examination and inspection 181 would constitute a violation of federal copyright law, in which 182 case a statement to that effect, along with the address of 183 locations at the Department of State and the agency at which the 184 material is available for public inspection and examination, 185 must be included in the notice required by subparagraph (3)(a)1. 186 4.In rules proposed after July 1, 2025, material may not 187 be incorporated by reference unless: 188 a.The material has been submitted in the prescribed 189 electronic format to the Department of State and the full text 190 of the material can be made available for free public access 191 through an electronic hyperlink from the rule making the 192 reference in the Florida Administrative Register; or 193 b.The agency has determined that posting the material on 194 the Internet for purposes of public examination and inspection 195 would constitute a violation of federal copyright law, in which 196 case a statement to that effect, along with the address of 197 locations at the Department of State and the agency at which the 198 material is available for public inspection and examination, 199 must be included in the notice required by subparagraph (3)(a)1. 200 5.A rule may not be amended by reference only. Amendments 201 must set out the amended rule in full in the same manner as 202 required by the State Constitution for laws. 203 6.5.Notwithstanding any contrary provision in this 204 section, when an adopted rule of the Department of Environmental 205 Protection or a water management district is incorporated by 206 reference in the other agencys rule to implement a provision of 207 part IV of chapter 373, subsequent amendments to the rule are 208 not effective as to the incorporating rule unless the agency 209 incorporating by reference notifies the committee and the 210 Department of State of its intent to adopt the subsequent 211 amendment, publishes notice of such intent in the Florida 212 Administrative Register, and files with the Department of State 213 a copy of the amended rule incorporated by reference. Changes in 214 the rule incorporated by reference are effective as to the other 215 agency 20 days after the date of the published notice and filing 216 with the Department of State. The Department of State shall 217 amend the history note of the incorporating rule to show the 218 effective date of such change. Any substantially affected person 219 may, within 14 days after the date of publication of the notice 220 of intent in the Florida Administrative Register, file an 221 objection to rulemaking with the agency. The objection must 222 shall specify the portions of the rule incorporated by reference 223 to which the person objects and the reasons for the objection. 224 The agency does shall not have the authority under this 225 subparagraph to adopt those portions of the rule specified in 226 such objection. The agency shall publish notice of the objection 227 and of its action in response in the next available issue of the 228 Florida Administrative Register. 229 7.If an agency updates or makes a change to a document the 230 agency created and which is incorporated by reference pursuant 231 to paragraph (3)(a) or subparagraph (3)(e)1., the update or 232 change must be coded by underlining new text and striking 233 through deleted text. 234 8.6.The Department of State may adopt by rule requirements 235 for incorporating materials pursuant to this paragraph. 236 (2)RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING. 237 (a)Except when the intended action is the repeal of a 238 rule, agencies shall provide notice of the development of 239 proposed rules by publication of a notice of rule development in 240 the Florida Administrative Register before providing notice of a 241 proposed rule as required by paragraph (3)(a). The notice of 242 rule development must shall indicate the subject area to be 243 addressed by rule development, provide a short, plain 244 explanation of the purpose and effect of the proposed rule, cite 245 the specific legal authority for the proposed rule, and include 246 the preliminary text of the proposed rules and incorporated 247 documents, if available, or a statement of how a person may 248 promptly obtain, without cost, a copy of any preliminary draft, 249 if available. 250 (3)ADOPTION PROCEDURES. 251 (a)Notices. 252 1.Before Prior to the adoption, amendment, or repeal of 253 any rule other than an emergency rule, an agency shall, upon 254 approval of the agency head, shall give notice of its intended 255 action, setting forth a short, plain explanation of the purpose 256 and effect of the proposed action; the rule number; the full 257 text of the proposed rule or amendment and a summary thereof; a 258 reference to the grant of rulemaking authority pursuant to which 259 the rule is adopted; and a reference to the section or 260 subsection of the Florida Statutes or the Laws of Florida being 261 implemented or interpreted; and the name, e-mail address, and 262 telephone number of the agency employee who may be contacted 263 regarding the intended action. The notice must include a summary 264 of the agencys statement of the estimated regulatory costs, if 265 one has been prepared, based on the factors set forth in s. 266 120.541(2); a statement that any person who wishes to provide 267 the agency with information regarding the statement of estimated 268 regulatory costs, or to provide a proposal for a lower cost 269 regulatory alternative as provided by s. 120.541(1), must do so 270 in writing within 21 days after publication of the notice; and a 271 statement as to whether, based on the statement of the estimated 272 regulatory costs or other information expressly relied upon and 273 described by the agency if no statement of regulatory costs is 274 required, the proposed rule is expected to require legislative 275 ratification pursuant to s. 120.541(3). The notice must state 276 the procedure for requesting a public hearing on the proposed 277 rule. Except when the intended action is the repeal of a rule, 278 the notice must include a reference both to the date on which 279 and to the place where the notice of rule development that is 280 required by subsection (2) appeared. 281 2.The notice must shall be published in the Florida 282 Administrative Register at least 7 days after the notice of rule 283 development and at least not less than 28 days before prior to 284 the intended action. The proposed rule, including all material 285 proposed to be incorporated by reference, must shall be 286 available for inspection and copying by the public at the time 287 of the publication of notice. Material proposed to be 288 incorporated by reference in the notice required by this 289 paragraph must be made available in the manner prescribed by 290 sub-subparagraph (1)(i)3.a. or sub-subparagraph (1)(i)3.b. 291 3.The notice must shall be mailed or delivered 292 electronically to all persons named in the proposed rule and to 293 all persons who have made, at least 14 days before prior to such 294 mailing or delivery, have made requests of the agency for 295 advance notice of its proceedings. The agency shall also give 296 such notice as is prescribed by rule to those particular classes 297 of persons to whom the intended action is directed. 298 4.The adopting agency shall file with the committee, at 299 least 21 days before prior to the proposed adoption date, a copy 300 of each rule it proposes to adopt; a copy of any material 301 incorporated by reference in the rule; a detailed written 302 statement of the facts and circumstances justifying the proposed 303 rule; a copy of any statement of estimated regulatory costs that 304 has been prepared pursuant to s. 120.541; a statement of the 305 extent to which the proposed rule relates to federal standards 306 or rules on the same subject; and the notice required by 307 subparagraph 1. 308 5.If any of the information, other than substantive 309 changes to the rule text, which is required to be included in 310 the notice under subparagraph 1. is omitted or is incorrect, the 311 agency must publish a notice of correction in the Florida 312 Administrative Register. A notice of correction does not affect 313 the timeframes for filing the rule for adoption as set forth in 314 paragraph (e). Technical changes must be published as a notice 315 of correction. 316 (b)Special matters to be considered in rule adoption. 317 1.Statement of estimated regulatory costs.Before the 318 adoption, amendment, or repeal of any rule other than an 319 emergency rule, an agency is encouraged to prepare a statement 320 of estimated regulatory costs of the proposed rule, as provided 321 by s. 120.541. However, an agency must prepare a statement of 322 estimated regulatory costs of the proposed rule, as provided by 323 s. 120.541, if: 324 a.The proposed rule will have an adverse impact on small 325 business; or 326 b.The proposed rule is likely to directly or indirectly 327 increase regulatory costs in excess of $200,000 in the aggregate 328 in this state within 1 year after the implementation of the 329 rule. 330 2.Small businesses, small counties, and small cities. 331 a.Each agency, before the adoption, amendment, or repeal 332 of a rule, shall consider the impact of the rule on small 333 businesses as defined by s. 288.703 and the impact of the rule 334 on small counties or small cities as defined by s. 120.52. 335 Whenever practicable, an agency shall tier its rules to reduce 336 disproportionate impacts on small businesses, small counties, or 337 small cities to avoid regulating small businesses, small 338 counties, or small cities that do not contribute significantly 339 to the problem the rule is designed to address. An agency may 340 define small business to include businesses employing more 341 than 200 persons, may define small county to include those 342 with populations of more than 75,000, and may define small 343 city to include those with populations of more than 10,000, if 344 it finds that such a definition is necessary to adapt a rule to 345 the needs and problems of small businesses, small counties, or 346 small cities. The agency shall consider each of the following 347 methods for reducing the impact of the proposed rule on small 348 businesses, small counties, and small cities, or any combination 349 of these entities: 350 (I)Establishing less stringent compliance or reporting 351 requirements in the rule. 352 (II)Establishing less stringent schedules or deadlines in 353 the rule for compliance or reporting requirements. 354 (III)Consolidating or simplifying the rules compliance or 355 reporting requirements. 356 (IV)Establishing performance standards or best management 357 practices to replace design or operational standards in the 358 rule. 359 (V)Exempting small businesses, small counties, or small 360 cities from any or all requirements of the rule. 361 b.(I)If the agency determines that the proposed action 362 will affect small businesses as defined by the agency as 363 provided in sub-subparagraph a., the agency must shall send 364 written notice of the rule to the rules ombudsman in the 365 Executive Office of the Governor at least 28 days before the 366 intended action. 367 (II)Each agency shall adopt those regulatory alternatives 368 offered by the rules ombudsman in the Executive Office of the 369 Governor and provided to the agency no later than 21 days after 370 the rules ombudsmans receipt of the written notice of the rule 371 which it finds are feasible and consistent with the stated 372 objectives of the proposed rule and which would reduce the 373 impact on small businesses. When regulatory alternatives are 374 offered by the rules ombudsman in the Executive Office of the 375 Governor, the 90-day period for filing the rule in subparagraph 376 (e)2. is extended for a period of 21 days. An agency shall 377 provide the committee a copy of any regulatory alternative 378 offered to the agency within 7 days after its delivery to the 379 agency. The agency may not file a rule for adoption before such 380 regulatory alternative, if applicable, has been provided to the 381 committee. 382 (III)If an agency does not adopt all alternatives offered 383 pursuant to this sub-subparagraph, it must shall, before rule 384 adoption or amendment and pursuant to subparagraph (d)1., file a 385 detailed written statement with the committee explaining the 386 reasons for failure to adopt such alternatives. Within 3 working 387 days after the filing of such notice, the agency shall send a 388 copy of such notice to the rules ombudsman in the Executive 389 Office of the Governor. 390 (d)Modification or withdrawal of proposed rules. 391 1.After the final public hearing on the proposed rule, or 392 after the time for requesting a hearing has expired, if the rule 393 has not been changed from the rule as previously filed with the 394 committee, or contains only technical changes, the adopting 395 agency must shall file a notice to that effect with the 396 committee at least 7 days prior to filing the rule for adoption. 397 Any change, other than a technical change that does not affect 398 the substance of the rule, must be supported by the record of 399 public hearings held on the rule, must be in response to written 400 material submitted to the agency within 21 days after the date 401 of publication of the notice of intended agency action or 402 submitted to the agency between the date of publication of the 403 notice and the end of the final public hearing, or must be in 404 response to a proposed objection by the committee. In addition, 405 when any change is made in a proposed rule, other than a 406 technical change, the adopting agency shall provide a copy of a 407 notice of change by certified mail or actual delivery to any 408 person who requests it in writing no later than 21 days after 409 the notice required in paragraph (a). The agency shall file the 410 notice of change with the committee, along with the reasons for 411 the change, and provide the notice of change to persons 412 requesting it, at least 21 days before prior to filing the rule 413 for adoption. The notice of change must shall be published in 414 the Florida Administrative Register at least 21 days before 415 prior to filing the rule for adoption. This subparagraph does 416 not apply to emergency rules adopted pursuant to subsection (4). 417 Material proposed to be incorporated by reference in the notice 418 required by this subparagraph must be made available in the 419 manner prescribed by sub-subparagraph (1)(i)3.a. or sub 420 subparagraph (1)(i)3.b. 421 2.After the notice required by paragraph (a) and before 422 prior to adoption, the agency may withdraw the rule in whole or 423 in part. 424 3.After adoption and before the rule becomes effective, a 425 rule may be modified or withdrawn only in the following 426 circumstances: 427 a.When the committee objects to the rule; 428 b.When a final order, which is not subject to further 429 appeal, is entered in a rule challenge brought pursuant to s. 430 120.56 after the date of adoption but before the rule becomes 431 effective pursuant to subparagraph (e)6.; 432 c.If the rule requires ratification, when more than 90 433 days have passed since the rule was filed for adoption without 434 the Legislature does not ratify ratifying the rule by the 435 adjournment sine die of the regular session immediately 436 following the filing for adoption of the rule, in which case the 437 rule must may be withdrawn and the agency must initiate 438 rulemaking in accordance with this section within 90 days of 439 adjournment sine die but may not be modified; or 440 d.When the committee notifies the agency that an objection 441 to the rule is being considered, in which case the rule may be 442 modified to extend the effective date by not more than 60 days. 443 4.The agency shall give notice of its decision to withdraw 444 or modify a rule in the first available issue of the publication 445 in which the original notice of rulemaking was published, shall 446 notify those persons described in subparagraph (a)3. in 447 accordance with the requirements of that subparagraph, and must 448 shall notify the Department of State if the rule is required to 449 be filed with the Department of State. 450 5.After a rule has become effective, it may be repealed or 451 amended only through the rulemaking procedures specified in this 452 chapter. 453 (e)Filing for final adoption; effective date. 454 1.If the adopting agency is required to publish its rules 455 in the Florida Administrative Code, the agency, upon approval of 456 the agency head, must electronically shall file with the 457 Department of State a three certified copy copies of the rule it 458 proposes to adopt; one copy of any material incorporated by 459 reference in the rule, certified by the agency; a summary of the 460 rule; a summary of any hearings held on the rule; and a detailed 461 written statement of the facts and circumstances justifying the 462 rule. Agencies not required to publish their rules in the 463 Florida Administrative Code shall file one certified copy of the 464 proposed rule, and the other material required by this 465 subparagraph, in the office of the agency head, and such rules 466 must shall be open to the public. 467 2.A rule may not be filed for adoption less than 28 days 468 or more than 90 days after the notice required by paragraph (a), 469 until 21 days after the notice of change required by paragraph 470 (d), until 14 days after the final public hearing, until 21 days 471 after a statement of estimated regulatory costs required under 472 s. 120.541 has been provided to all persons who submitted a 473 lower cost regulatory alternative and made available to the 474 public, or until the administrative law judge has rendered a 475 decision under s. 120.56(2), whichever applies. When a required 476 notice of change is published before prior to the expiration of 477 the time to file the rule for adoption, the period during which 478 a rule must be filed for adoption is extended to 45 days after 479 the date of publication. If notice of a public hearing is 480 published before prior to the expiration of the time to file the 481 rule for adoption, the period during which a rule must be filed 482 for adoption is extended to 45 days after adjournment of the 483 final hearing on the rule, 21 days after receipt of all material 484 authorized to be submitted at the hearing, or 21 days after 485 receipt of the transcript, if one is made, whichever is latest. 486 The term public hearing includes any public meeting held by 487 any agency at which the rule is considered. If a petition for an 488 administrative determination under s. 120.56(2) is filed, the 489 period during which a rule must be filed for adoption is 490 extended to 60 days after the administrative law judge files the 491 final order with the clerk or until 60 days after subsequent 492 judicial review is complete. 493 3.At the time a rule is filed, the agency shall certify 494 that the time limitations prescribed by this paragraph have been 495 complied with, that all statutory rulemaking requirements have 496 been met, and that there is no administrative determination 497 pending on the rule. 498 4.At the time a rule is filed, the committee shall certify 499 whether the agency has responded in writing to all material and 500 timely written comments or written inquiries made on behalf of 501 the committee. The department shall reject any rule that is not 502 filed within the prescribed time limits; that does not comply 503 with all statutory rulemaking requirements and rules of the 504 department; upon which an agency has not responded in writing to 505 all material and timely written inquiries or written comments; 506 upon which an administrative determination is pending; or which 507 does not include a statement of estimated regulatory costs, if 508 required. 509 5.If a rule has not been adopted within the time limits 510 imposed by this paragraph or has not been adopted in compliance 511 with all statutory rulemaking requirements, the agency proposing 512 the rule must shall withdraw the rule and give notice of its 513 action in the next available issue of the Florida Administrative 514 Register. 515 6.The proposed rule is shall be adopted upon on being 516 filed with the Department of State and becomes become effective 517 20 days after being filed, on a later date specified in the 518 notice required by subparagraph (a)1., on a date required by 519 statute, or upon ratification by the Legislature pursuant to s. 520 120.541(3). Rules not required to be filed with the Department 521 of State shall become effective when adopted by the agency head, 522 on a later date specified by rule or statute, or upon 523 ratification by the Legislature pursuant to s. 120.541(3). If 524 the committee notifies an agency that an objection to a rule is 525 being considered, the agency may postpone the adoption of the 526 rule to accommodate review of the rule by the committee. When an 527 agency postpones adoption of a rule to accommodate review by the 528 committee, the 90-day period for filing the rule is tolled until 529 the committee notifies the agency that it has completed its 530 review of the rule. 531 532 For the purposes of this paragraph, the term administrative 533 determination does not include subsequent judicial review. 534 (4)EMERGENCY RULES. 535 (a)If an agency finds that an immediate danger to the 536 public health, safety, or welfare requires emergency action, or 537 if the Legislature authorizes the agency to adopt emergency 538 rules and finds that all conditions specified in this paragraph 539 are met, the agency may, within the authority granted to the 540 agency under the State Constitution or delegated to it by the 541 Legislature, adopt any rule necessitated by the immediate danger 542 or legislative finding. The agency may adopt a rule by any 543 procedure which is fair under the circumstances if: 544 1.The procedure provides at least the procedural 545 protection given by other statutes, the State Constitution, or 546 the United States Constitution. 547 2.The agency takes only that action necessary to protect 548 the public interest under the emergency procedure. 549 3.The agency publishes in writing at the time of, or prior 550 to, its action the specific facts and reasons for finding an 551 immediate danger to the public health, safety, or welfare and 552 its reasons for concluding that the procedure used is fair under 553 the circumstances. In any event, notice of emergency rules, 554 other than those of educational units or units of government 555 with jurisdiction in only one or a part of one county, including 556 the full text of the rules and the agencys findings of 557 immediate danger, necessity, and procedural fairness or a 558 citation to the grant of emergency rulemaking authority, must, 559 shall be published in the first available issue of the Florida 560 Administrative Register and provided to the committee along with 561 any material incorporated by reference in the rules. The 562 agencys findings of immediate danger, necessity, and procedural 563 fairness are shall be judicially reviewable. 564 (b)Rules pertaining to the public health, safety, or 565 welfare must shall include rules pertaining to perishable 566 agricultural commodities or rules pertaining to the 567 interpretation and implementation of the requirements of 568 chapters 97-102 and chapter 105 of the Election Code. 569 (c)1.An emergency rule adopted under this subsection may 570 shall not be effective for a period longer than 90 days and may 571 shall not be renewable, except when the agency has initiated 572 rulemaking to adopt rules addressing the subject of the 573 emergency rule and either: 574 a.1.A challenge to the proposed rules has been filed and 575 remains pending; or 576 b.2.The proposed rules are awaiting ratification by the 577 Legislature pursuant to s. 120.541(3). 578 2.Nothing in This paragraph does not prohibit prohibits 579 the agency from adopting a rule or rules identical to the 580 emergency rule through the rulemaking procedures specified in 581 subsection (3). 582 (d)Notice of the renewal of an emergency rule must be 583 published in the Florida Administrative Register before the 584 expiration of the existing emergency rule. The notice of renewal 585 must state the specific facts and reasons for such renewal. 586 (e)For emergency rules with an effective period greater 587 than 90 days which are intended to replace existing rules, a 588 note must be added to the history note of the existing rule 589 which specifically identifies the emergency rule that is 590 intended to supersede the existing rule and includes the date 591 that the emergency rule was filed with the Department of State. 592 (f)Emergency rules must be published in the Florida 593 Administrative Code. 594 (g)An agency may supersede an emergency rule in effect 595 through adoption of another emergency rule before the superseded 596 rule expires. The reason for adopting the superseding rule must 597 be stated in accordance with the procedures set forth in 598 paragraph (a), and the superseding rule is in effect during the 599 effective period of the superseded rule. 600 (h)An agency may make technical changes to an emergency 601 rule within the first 7 days after the rule is adopted, and such 602 changes must be published in the Florida Administrative Register 603 as a notice of correction. 604 (i)Subject to applicable constitutional and statutory 605 provisions, an emergency rule becomes effective immediately on 606 filing, or on a date less than 20 days thereafter if specified 607 in the rule, if the adopting agency finds that such effective 608 date is necessary because of immediate danger to the public 609 health, safety, or welfare. 610 (j)An agency may repeal an emergency rule before it 611 expires by providing notice of its intended action in the 612 Florida Administrative Register. The notice must include the 613 full text of the emergency rule and a summary thereof; if 614 applicable, a reference to the rule number; and a short, plain 615 explanation as to why the conditions specified in accordance 616 with paragraph (a) no longer require the emergency rule. 617 (7)PETITION TO INITIATE RULEMAKING. 618 (a)Any person regulated by an agency or having substantial 619 interest in an agency rule may petition an agency to adopt, 620 amend, or repeal a rule or to provide the minimum public 621 information required by this chapter. The petition must shall 622 specify the proposed rule and action requested. The agency shall 623 provide to the committee a copy of the petition within 7 days 624 after its receipt. No Not later than 30 calendar days following 625 the date of filing a petition, the agency shall initiate 626 rulemaking proceedings under this chapter, otherwise comply with 627 the requested action, or deny the petition with a written 628 statement of its reasons for the denial. The agency shall notify 629 the committee of its intended action or response within 7 days. 630 Section 3.Paragraph (a) of subsection (1) and subsection 631 (3) of section 120.541, Florida Statutes, are amended, and 632 subsection (4) of that section is reenacted, to read: 633 120.541Statement of estimated regulatory costs. 634 (1)(a)Within 21 days after publication of the notice 635 required under s. 120.54(3)(a), a substantially affected person 636 may submit to an agency a good faith written proposal for a 637 lower cost regulatory alternative to a proposed rule which 638 substantially accomplishes the objectives of the law being 639 implemented. The proposal may include the alternative of not 640 adopting any rule if the proposal explains how the lower costs 641 and objectives of the law will be achieved by not adopting any 642 rule. If submitted after a notice of change, a proposal for a 643 lower cost regulatory alternative is deemed to be made in good 644 faith only if the person reasonably believes, and the proposal 645 states, the persons reasons for believing that the proposed 646 rule as changed by the notice of change increases the regulatory 647 costs or creates an adverse impact on small businesses which was 648 not created by the previously proposed rule. If such a proposal 649 is submitted, the 90-day period for filing the rule is extended 650 21 days. Upon the submission of the lower cost regulatory 651 alternative, the agency shall prepare a statement of estimated 652 regulatory costs as provided in subsection (2), or shall revise 653 its prior statement of estimated regulatory costs, and either 654 adopt the alternative or provide a statement of the reasons for 655 rejecting the alternative in favor of the proposed rule. The 656 agency shall provide to the committee, within 7 days after its 657 receipt, a copy of any proposal for a lower cost regulatory 658 alternative, and within 7 days after its release, a copy of the 659 agencys response thereto. The agency may not file a rule for 660 adoption before such proposal, if applicable, has been provided 661 to the committee. 662 (3)If the adverse impact or regulatory costs of the rule 663 exceed any of the criteria established in paragraph (2)(a), the 664 rule must shall be submitted to the President of the Senate and 665 Speaker of the House of Representatives no later than 30 days 666 before prior to the next regular legislative session, and the 667 rule may not take effect until it is ratified by the 668 Legislature. The agency shall notify the committee of its 669 submission of the rule to the Legislature for ratification 670 within 3 business days after submittal. 671 (4)Subsection (3) does not apply to the adoption of: 672 (a)Federal standards pursuant to s. 120.54(6). 673 (b)Triennial updates of and amendments to the Florida 674 Building Code which are expressly authorized by s. 553.73. 675 (c)Triennial updates of and amendments to the Florida Fire 676 Prevention Code which are expressly authorized by s. 633.202. 677 Section 4.Section 120.5435, Florida Statutes, is created 678 to read: 679 120.5435Agency review of rules. 680 (1)By July 1, 2030, each agency, in coordination with the 681 committee, shall review all existing rules adopted by the agency 682 before July 1, 2025, in accordance with this section. 683 (2)Beginning October 1, 2025, each agency shall include a 684 list of its existing rules in its annual regulatory plan, 685 prepared and submitted pursuant to s. 120.74. The agency shall 686 include a schedule of the rules it will review each year during 687 the 5-year rule review period. The agency may amend its yearly 688 schedule in subsequent regulatory plans but must provide for the 689 completed review of at least 20 percent of the agencys rules 690 per year, until all of its subject rules have been reviewed. 691 (3)The agency rule review must determine whether each 692 rule: 693 (a)Is a valid exercise of delegated legislative authority; 694 (b)Has current statutory authority; 695 (c)Reiterates or paraphrases statutory material; 696 (d)Is in proper form; 697 (e)Is consistent with expressed legislative intent 698 pertaining to the specific provisions of law which the rule 699 implements; 700 (f)Requires a technical or substantive update to reflect 701 current use; and 702 (g)Requires updated references to statutory citations and 703 incorporated materials. 704 (4)By January 1 of each year, the agency shall submit a 705 report to the President of the Senate and the Speaker of the 706 House of Representatives which summarizes the agencys intended 707 action on each rule under review during the current fiscal year. 708 (5)The agency shall take one of the following actions 709 during its rule review: 710 (a)Make no change to the rule. If the agency determines 711 that no change is necessary, the agency must file with the 712 committee by April 1 a copy of the reviewed rule, a written 713 statement of its intended action, and its assessment of factors 714 specified in subsection (3). 715 (b)Make a technical change to the rule. If the agency 716 determines that one or more technical changes are necessary, the 717 agency must file with the committee by April 1 a copy of the 718 reviewed rule and the recommended technical change or changes 719 coded by underlining new text and striking through deleted text, 720 a written statement of its intended action, its assessment of 721 the factors specified in subsection (3), and the facts and 722 circumstances justifying the technical change or changes to the 723 reviewed rule. 724 (c)Make a substantive change to the rule. If the agency 725 determines that the rule requires a substantive change, the 726 agency must make all changes, including any technical change, to 727 the rule in accordance with this chapter. The agency shall 728 publish a notice of rule development in the Florida 729 Administrative Register by April 1. The agency shall also file 730 with the committee by April 1 a copy of the reviewed rule and 731 the recommended change or changes coded by underlining new text 732 and striking through deleted text, a written statement of its 733 intended action, and its assessment of factors specified in 734 subsection (3). This submission to the committee does not 735 constitute a notice of rule development as contemplated by s. 736 120.54(3)(a) and is not required to be in the same form as the 737 rule that will be proposed by the agency. 738 (d)Repeal the rule. If an agency determines that the rule 739 should be repealed, the agency must repeal the rule in 740 accordance with this chapter. The agency shall publish a notice 741 of proposed rule development in the Florida Administrative 742 Register by April 1. The agency shall also file with the 743 committee by April 1 a written statement of its intended action 744 and its assessment of factors specified in subsection (3). This 745 submission to the committee does not constitute a notice of rule 746 development as contemplated by s. 120.54(3)(a). 747 (6)The committee shall examine the agencys rule review 748 submission. The committee may request from an agency any 749 information that is reasonably necessary for examination of a 750 rule as required by subsection (1). If the agency recommends no 751 change or a technical change to a rule, the committee must 752 complete its examination within 90 calendar days after the 753 agency transmits the report required under subsection (4). Upon 754 completion of its examination, the committee must certify 755 whether the agency has responded in writing to all material and 756 timely written comments or inquiries made on behalf of the 757 committee. 758 (7)The rule review is completed upon either: 759 (a)The agency, upon approval of the agency head or his or 760 her designee, electronically filing a certified copy of the 761 reviewed rule to which no changes or only technical changes were 762 made, and the committees certification granted pursuant to 763 subsection (6), with the Department of State. 764 (b)The agency, for a reviewed rule subject to substantive 765 change or repeal, timely filing a proposed rule pursuant to s. 766 120.54. 767 (8)The Department of State shall publish in the Florida 768 Administrative Register a notice of the completed rule review 769 and shall update the history note of the rule in the Florida 770 Administrative Code to reflect the date of the rule reviews 771 completion, if applicable. 772 (9)A technical change to a rule reviewed pursuant to this 773 section is not subject to a challenge as a proposed rule 774 pursuant to s. 120.56(2). 775 (10)The hearing requirements of s. 120.54 do not apply to 776 a rule reviewed pursuant to this section. 777 (11)The Department of State shall adopt rules to implement 778 this section no later than December 31, 2025. 779 (12)This section is repealed July 1, 2032, unless reviewed 780 and saved from repeal through reenactment by the Legislature. 781 Section 5.Subsection (1) of section 120.55, Florida 782 Statutes, is amended to read: 783 120.55Publication. 784 (1)The Department of State shall: 785 (a)1.Through a continuous revision and publication system, 786 compile and publish electronically, on a website managed by the 787 department, the Florida Administrative Code. The Florida 788 Administrative Code must shall contain all rules adopted by each 789 agency, citing the grant of rulemaking authority and the 790 specific law implemented pursuant to which each rule was 791 adopted, all history notes as authorized in ss. 120.5435 and 792 120.545(7) s. 120.545(7), complete indexes to all rules and any 793 material incorporated by reference contained in the code, and 794 any other material required or authorized by law or deemed 795 useful by the department. The electronic code must shall display 796 each rule chapter currently in effect in browse mode and allow 797 full text search of the code and each rule chapter. The 798 department may contract with a publishing firm for a printed 799 publication; however, the department retains shall retain 800 responsibility for the code as provided in this section. The 801 electronic publication is shall be the official compilation of 802 the administrative rules of this state. The Department of State 803 retains shall retain the copyright over the Florida 804 Administrative Code. 805 2.Rules general in form but applicable to only one school 806 district, community college district, or county, or a part 807 thereof, or state university rules relating to internal 808 personnel or business and finance may shall not be published in 809 the Florida Administrative Code. Exclusion from publication in 810 the Florida Administrative Code does shall not affect the 811 validity or effectiveness of such rules. 812 3.At the beginning of the section of the code dealing with 813 an agency that files copies of its rules with the department, 814 the department shall publish the address and telephone number of 815 the executive offices of each agency, the manner by which the 816 agency indexes its rules, a listing of all rules of that agency 817 excluded from publication in the code, a listing of all forms 818 and material incorporated by reference adopted by rule which are 819 used by the agency, and a statement as to where those rules may 820 be inspected. 821 4.Forms may shall not be published in the Florida 822 Administrative Code; but any form which an agency uses in its 823 dealings with the public, along with any accompanying 824 instructions, must shall be filed with the committee before it 825 is used. Any form or instruction which meets the definition of 826 the term rule provided in s. 120.52 must shall be incorporated 827 by reference into the appropriate rule. The reference must shall 828 specifically state that the form is being incorporated by 829 reference and shall include the number, title, and effective 830 date of the form and an explanation of how the form may be 831 obtained. Each form created by an agency which is incorporated 832 by reference in a rule notice of which is given under s. 833 120.54(3)(a) after December 31, 2007, must clearly display the 834 number, title, and effective date of the form and the number of 835 the rule in which the form is incorporated. 836 5.After December 31, 2025, the department shall require 837 any material incorporated by reference in allow adopted rules 838 and material incorporated by reference to be filed in electronic 839 form as prescribed by department rule. When a rule is filed for 840 adoption with incorporated material in electronic form, the 841 departments publication of the Florida Administrative Code on 842 its website must contain a hyperlink from the incorporating 843 reference in the rule directly to that material. The department 844 may not allow hyperlinks from rules in the Florida 845 Administrative Code to any material other than that filed with 846 and maintained by the department, but may allow hyperlinks to 847 incorporated material maintained by the department from the 848 adopting agencys website or other sites. 849 6.The department shall include the date of any technical 850 changes in the history note of the rule in the Florida 851 Administrative Code. A technical change does not affect the 852 effective date of the rule. A technical change made after the 853 adoption of a rule must be published as a notice of correction. 854 (b)Electronically publish on a website managed by the 855 department a continuous revision and publication entitled the 856 Florida Administrative Register, which serves shall serve as 857 the official publication and must contain: 858 1.All notices required by s. 120.54(2) and (3)(a), showing 859 the text of all rules proposed for consideration. 860 2.All notices of public meetings, hearings, and workshops 861 conducted in accordance with s. 120.525, including a statement 862 of the manner in which a copy of the agenda may be obtained. 863 3.A notice of each request for authorization to amend or 864 repeal an existing uniform rule or for the adoption of new 865 uniform rules. 866 4.Notice of petitions for declaratory statements or 867 administrative determinations. 868 5.A list of all rules that were not timely reviewed by 869 their respective agency, pursuant to s. 120.5435, updated at 870 least annually. 871 6.A summary of each objection to any rule filed by the 872 Administrative Procedures Committee. 873 7.6.A list of rules filed for adoption in the previous 7 874 days. 875 8.7.A list of all rules filed for adoption pending 876 legislative ratification under s. 120.541(3). A rule shall be 877 removed from the list once notice of ratification or withdrawal 878 of the rule is received. 879 9.8.Any other material required or authorized by law or 880 deemed useful by the department. 881 882 The department may contract with a publishing firm for a printed 883 publication of the Florida Administrative Register and make 884 copies available on an annual subscription basis. 885 (c)Prescribe by rule the style and form required for 886 rules, notices, and other materials submitted for filing, 887 including any rule requiring that documents created by an agency 888 which are proposed to be incorporated by reference in notices 889 published pursuant to s. 120.54(3)(a) and (d) be coded as 890 required in s. 120.54(1)(i)7. 891 (d)Charge each agency using the Florida Administrative 892 Register a space rate to cover the costs related to the Florida 893 Administrative Register and the Florida Administrative Code. 894 (e)Maintain a permanent record of all notices published in 895 the Florida Administrative Register. 896 Section 6.Paragraph (c) of subsection (1) and subsections 897 (4) through (8) of section 120.74, Florida Statutes, are 898 amended, and paragraphs (e) and (f) are added to subsection (1) 899 of that section, to read: 900 120.74Agency annual rulemaking and regulatory plans; 901 reports. 902 (1)REGULATORY PLAN.By October 1 of each year, each agency 903 shall prepare a regulatory plan. 904 (c)The plan must include any desired update to the prior 905 years regulatory plan or supplement published pursuant to 906 subsection (5) (7). If, in a prior year, a law was identified 907 under this paragraph or under subparagraph (a)1. as a law 908 requiring rulemaking to implement but a notice of proposed rule 909 has not been published: 910 1.The agency shall identify and again list such law, 911 noting the applicable notice of rule development by citation to 912 the Florida Administrative Register; or 913 2.If the agency has subsequently determined that 914 rulemaking is not necessary to implement the law, the agency 915 shall identify such law, reference the citation to the 916 applicable notice of rule development in the Florida 917 Administrative Register, and provide a concise written 918 explanation of the reason why the law may be implemented without 919 rulemaking. 920 (e)The plan must also include all of the following: 921 1.A list of the agencys existing rules scheduled for 922 review pursuant to s. 120.5435. 923 2.A 5-year schedule for the review of all existing rules 924 as of July 1, 2025. 925 3.A yearly schedule for the rules it will review each year 926 during the 5-year rule review. The agency may amend this 927 schedule, if necessary. 928 (f)The plan must include any desired update to the prior 929 years regulatory plan or supplement thereof, published pursuant 930 to subsection (5). If, in a prior year, the agency identified a 931 rule under this paragraph as one requiring review pursuant to s. 932 120.5435, but the agency has not yet completed an action 933 described in s. 120.5435(5): 934 1.The agency must identify and list such rule in its 935 regulatory plan as an untimely rule review and notify the 936 committee of such action; or 937 2.If the agency subsequently determined that the rule 938 review is not necessary, the agency must identify the rule and 939 provide a concise written explanation of the reason why the rule 940 does not require a rule review. 941 (4)DEADLINE FOR RULE DEVELOPMENT.By November 1 of each 942 year, each agency shall publish a notice of rule development 943 under s. 120.54(2) for each law identified in the agencys 944 regulatory plan pursuant to subparagraph (1)(a)1. for which 945 rulemaking is necessary to implement but for which the agency 946 did not report the publication of a notice of rule development 947 under subparagraph (1)(a)2. 948 (5)CORRECTING THE REGULATORY PLAN DEADLINE TO PUBLISH 949 PROPOSED RULE.For each law for which implementing rulemaking is 950 necessary as identified in the agencys plan pursuant to 951 subparagraph (1)(a)1. or subparagraph (1)(c)1., the agency shall 952 publish a notice of proposed rule pursuant to s. 120.54(3)(a) by 953 April 1 of the year following the deadline for the regulatory 954 plan. This deadline may be extended if the agency publishes a 955 notice of extension in the Florida Administrative Register 956 identifying each rulemaking proceeding for which an extension is 957 being noticed by citation to the applicable notice of rule 958 development as published in the Florida Administrative Register. 959 The agency shall include a concise statement in the notice of 960 extension identifying any issues that are causing the delay in 961 rulemaking. An extension shall expire on October 1 after the 962 April 1 deadline, provided that the regulatory plan due on 963 October 1 may further extend the rulemaking proceeding by 964 identification pursuant to subparagraph (1)(c)1. or conclude the 965 rulemaking proceeding by identification pursuant to subparagraph 966 (1)(c)2. A published regulatory plan may be corrected at any 967 time to accomplish the purpose of extending or concluding an 968 affected rulemaking proceeding by identifying the applicable 969 rule pursuant to subparagraph (1)(c)2. The regulatory plan and 970 is deemed corrected as of the October 1 due date. Upon 971 publication of a correction, the agency shall publish in the 972 Florida Administrative Register a notice of the date of the 973 correction identifying the affected rulemaking proceeding by 974 applicable citation to the Florida Administrative Register. 975 (6)CERTIFICATIONS.Each agency shall file a certification 976 with the committee upon compliance with subsection (4) and upon 977 filing a notice under subsection (5) of either a deadline 978 extension or a regulatory plan correction. A certification may 979 relate to more than one notice or contemporaneous act. The date 980 or dates of compliance shall be noted in each certification. 981 (5)(7)SUPPLEMENTING THE REGULATORY PLAN.After publication 982 of the regulatory plan, the agency shall supplement the plan 983 within 30 days after a bill becomes a law if the law is enacted 984 before the next regular session of the Legislature and the law 985 substantively modifies the agencys specifically delegated legal 986 duties, unless the law affects all or most state agencies as 987 identified by letter to the committee from the Governor or the 988 Attorney General. The supplement must include the information 989 required in paragraph (1)(a) and shall be published as required 990 in subsection (2), but no certification or delivery to the 991 committee is required. The agency shall publish in the Florida 992 Administrative Register notice of publication of the supplement, 993 and include a hyperlink on its website or web address for direct 994 access to the published supplement. For each law reported in the 995 supplement, if rulemaking is necessary to implement the law, the 996 agency shall publish a notice of rule development by the later 997 of the date provided in subsection (4) or 60 days after the bill 998 becomes a law, and a notice of proposed rule shall be published 999 by the later of the date provided in subsection (5) or 120 days 1000 after the bill becomes a law. The proposed rule deadline may be 1001 extended to the following October 1 by notice as provided in 1002 subsection (5). If such proposed rule has not been filed by 1003 October 1, a law included in a supplement shall also be included 1004 in the next annual plan pursuant to subsection (1). 1005 (7)(8)FAILURE TO COMPLY.If an agency fails to comply with 1006 a requirement of paragraph (2)(a) or subsection (5), within 15 1007 days after written demand from the committee or from the chair 1008 of any other legislative committee, the agency shall deliver a 1009 written explanation of the reasons for noncompliance to the 1010 committee, the President of the Senate, the Speaker of the House 1011 of Representatives, and the chair of any legislative committee 1012 requesting the explanation of the reasons for noncompliance. 1013 Section 7.This act shall take effect July 1, 2025.