Florida 2025 Regular Session

Florida Senate Bill S0108 Latest Draft

Bill / Comm Sub Version Filed 03/13/2025

 Florida Senate - 2025 CS for SB 108  By the Committee on Rules; and Senators Grall, Burgess, and Avila 595-02327-25 2025108c1 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 intended agency action 6 within a specified timeframe; deleting a provision 7 related to the timeframe within which rules are 8 required to be drafted and formally proposed; 9 prohibiting materials from being incorporated by 10 reference for certain rules reviewed after a specified 11 date unless certain conditions are met; prohibiting 12 rules proposed after a specified date from having 13 materials incorporated by reference unless certain 14 conditions are met; requiring agencies to use specific 15 coding if they are updating or making changes to 16 certain documents incorporated by reference; requiring 17 that certain notices of rule development include 18 incorporated documents; revising the notices required 19 to be issued by agencies before the adoption, 20 amendment, or repeal of certain rules; requiring that 21 such notices be published in the Florida 22 Administrative Register within a specified timeframe; 23 requiring that specified information be available for 24 public inspection; requiring that materials 25 incorporated by reference be made available in a 26 specified manner; requiring that certain notices be 27 delivered electronically to all persons who made 28 requests for such notice; requiring agencies to 29 publish a notice of correction for certain changes 30 within a specified timeframe; providing that notices 31 of correction do not affect certain timeframes; 32 requiring that technical changes be published as 33 notices of correction; requiring agencies to provide 34 copies of any offered regulatory alternatives to the 35 Administrative Procedures Committee before the agency 36 files a rule for adoption; requiring that certain 37 materials incorporated by reference be made available 38 in a specified manner; requiring that certain rules be 39 withdrawn if not ratified within the legislative 40 session immediately following the filing for adoption; 41 providing that agencies are authorized to initiate 42 rulemaking, or required to initiate rulemaking under a 43 specified circumstance, within a specified timeframe 44 of the adjournment of such legislative session; 45 reducing the number of certified copies of a proposed 46 rule that must be electronically filed with the 47 Department of State; authorizing agencies to adopt 48 emergency rules under specified conditions; requiring 49 that specified information be published in the first 50 available issue of the Florida Administrative Register 51 and provided to the Administrative Procedures 52 Committee; providing that if a proposed rule is not 53 ratified within a specified timeframe, the emergency 54 rule expires; requiring that the proposed rule be 55 withdrawn in accordance with a specified provision; 56 requiring that notices of renewal for emergency rules 57 be published in the Florida Administrative Register 58 before expiration of the existing emergency rule; 59 requiring that such notices contain specified 60 information; requiring that a note be added to a 61 certain history note for certain emergency rules; 62 requiring that emergency rules be published in the 63 Florida Administrative Code; authorizing agencies to 64 adopt emergency rules that supersede other emergency 65 rules; requiring that the reason for such superseding 66 rules be stated in accordance with specified 67 provisions; authorizing agencies to make technical 68 changes to emergency rules within a specified 69 timeframe; requiring that such changes be published in 70 the Florida Administrative Register as a notice of 71 correction; authorizing agencies to repeal emergency 72 rules by providing a certain notice in the Florida 73 Administrative Register; requiring agencies to provide 74 specified petitions to the committee within a 75 specified timeframe after receipt; requiring agencies 76 to provide a certain notification to the committee 77 within a specified timeframe; reenacting and amending 78 s. 120.541, F.S.; providing that a proposal for a 79 lower cost regulatory alternative submitted after a 80 notice of change is made in good faith only if the 81 proposal contains certain statements; requiring 82 agencies to provide a copy of such proposals and 83 responses thereto to the committee within specified 84 timeframes; prohibiting agencies from filing a rule 85 for adoption unless such documents are provided to the 86 committee; requiring agencies to notify the committee 87 within a specified timeframe that a rule has been 88 submitted for legislative ratification; providing that 89 if a proposed rule is not ratified within a specified 90 timeframe, the agency must withdraw such rule and the 91 agency may initiate rulemaking again, or must initiate 92 rulemaking again under a specified condition; creating 93 s. 120.5435, F.S.; requiring agencies, by a specified 94 date and in coordination with the committee, to review 95 specified rules adopted before a specified date; 96 defining the term rule; requiring agencies to 97 include a list of existing rules and a schedule of 98 rules they plan to review each year in a certain 99 regulatory plan; authorizing agencies to amend such 100 schedules under specified circumstances but requiring 101 that at least a specified percentage of an agencys 102 rules be reviewed each year until completion of all 103 reviews; requiring agencies to make specified 104 determinations during rule review; providing that 105 certain determinations are not subject to challenge as 106 a proposed rule; requiring agencies to submit a 107 certain report to the Legislature annually by a 108 specified date; requiring agencies to take one of 109 certain specified actions during rule reviews by a 110 specified date; providing requirements for the 111 agencies in connection with each of the specified 112 actions; requiring the committee to examine agencies 113 rule review submissions; authorizing the committee to 114 request certain information from such agencies; 115 requiring that such review occur within a specified 116 timeframe under specified conditions; requiring the 117 committee to issue a certain certification upon 118 completion of examinations; specifying circumstances 119 under which rule review is considered completed; 120 requiring the department to publish a certain notice 121 in the Florida Administrative Register; requiring the 122 department to adopt rules before a specified date; 123 providing for future review and repeal; amending s. 124 120.55, F.S.; revising the contents of the Florida 125 Administrative Code to conform to changes made by the 126 act; requiring, after a specified date, that any 127 material incorporated by reference be filed in a 128 specified electronic format with the department; 129 requiring that the Florida Administrative Register 130 contain a certain list; requiring that the department 131 prescribe coding for certain documents incorporated by 132 reference; amending s. 120.74, F.S.; requiring that 133 regulatory plans submitted by agencies include certain 134 schedules for rule review and certain desired updates 135 to such plans; requiring agencies to take certain 136 actions if the agencies have not completed reviewing a 137 rule; requiring agencies to include information 138 regarding the prior years licensing practices in 139 their regulatory plan; requiring Office of Program 140 Policy Analysis and Government Accountability to 141 submit a consolidated report of the agency licensing 142 data; requiring the Department of State to publish a 143 hyperlink to the licensing data reports; deleting 144 provisions related to deadlines for rule development; 145 deleting deadlines for publishing proposed rules; 146 deleting provisions requiring agencies to file certain 147 certifications with the committee; authorizing 148 agencies to correct a regulatory plan to conclude 149 affected rulemaking proceedings by identifying certain 150 rules; revising the timeframes within which agencies 151 must publish certain notices; conforming provisions to 152 changes made by the act; providing an effective date. 153 154 Be It Enacted by the Legislature of the State of Florida: 155 156 Section 1.Present subsections (20), (21), and (22) of 157 section 120.52, Florida Statutes, are redesignated as 158 subsections (21), (22), and (23), respectively, and a new 159 subsection (20) is added to that section, to read: 160 120.52Definitions.As used in this act: 161 (20)Technical change means a change limited to 162 correcting citations or grammatical, typographical, or similar 163 errors that do not affect the substance of the rule. 164 Section 2.Paragraphs (b) and (i) of subsection (1), 165 paragraph (a) of subsection (2), paragraphs (a), (b), (d), and 166 (e) of subsection (3), subsection (4), and paragraph (a) of 167 subsection (7) of section 120.54, Florida Statutes, are amended 168 to read: 169 120.54Rulemaking. 170 (1)GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN 171 EMERGENCY RULES. 172 (b)Whenever an act of the Legislature is enacted which 173 requires implementation of the act by rules of an agency within 174 the executive branch of state government, the agency must 175 publish a notice of intended agency action such rules shall be 176 drafted and formally proposed as provided in this section within 177 90 days after the effective date of the act granting rulemaking 178 authority within the times provided in s. 120.74(4) and (5). 179 (i)1.A rule may incorporate material by reference but only 180 as the material exists on the date the rule is adopted. For 181 purposes of the rule, changes in the material are not effective 182 unless the rule is amended to incorporate the changes. 183 2.An agency rule that incorporates by specific reference 184 another rule of that agency automatically incorporates 185 subsequent amendments to the referenced rule unless a contrary 186 intent is clearly indicated in the referencing rule. A notice of 187 amendments to a rule that has been incorporated by specific 188 reference in other rules of that agency must explain the effect 189 of those amendments on the referencing rules. 190 3.In rules adopted after December 31, 2010, or reviewed 191 pursuant to s. 120.5435, material may not be incorporated by 192 reference unless: 193 a.The material has been submitted in the prescribed 194 electronic format to the Department of State and the full text 195 of the material can be made available for free public access 196 through an electronic hyperlink from the rule making the 197 reference in the Florida Administrative Code; or 198 b.The agency has determined that posting the material on 199 the Internet for purposes of public examination and inspection 200 would constitute a violation of federal copyright law, in which 201 case a statement to that effect, along with the addresses 202 address of the locations at the Department of State and the 203 agency at which the material is available for public inspection 204 and examination, must be included in the notice required by 205 subparagraph (3)(a)1. 206 4.In rules proposed after July 1, 2025, material may not 207 be incorporated by reference unless: 208 a.The material has been submitted in the prescribed 209 electronic format to the Department of State and the full text 210 of the material, in a text-searchable format, can be made 211 available for free public access through an electronic hyperlink 212 from the rule making the reference in the Florida Administrative 213 Register; or 214 b.The agency has determined that posting the material on 215 the Internet for purposes of public examination and inspection 216 would constitute a violation of federal copyright law, in which 217 case a statement to that effect, along with the addresses of the 218 locations at the Department of State and the agency at which the 219 material is available for public inspection and examination, 220 must be included in the notice required by subparagraph (3)(a)1. 221 5.A rule may not be amended by reference only. Amendments 222 must set out the amended rule in full in the same manner as 223 required by the State Constitution for laws. 224 6.5.Notwithstanding any contrary provision in this 225 section, when an adopted rule of the Department of Environmental 226 Protection or a water management district is incorporated by 227 reference in the other agencys rule to implement a provision of 228 part IV of chapter 373, subsequent amendments to the rule are 229 not effective as to the incorporating rule unless the agency 230 incorporating by reference notifies the committee and the 231 Department of State of its intent to adopt the subsequent 232 amendment, publishes notice of such intent in the Florida 233 Administrative Register, and files with the Department of State 234 a copy of the amended rule incorporated by reference. Changes in 235 the rule incorporated by reference are effective as to the other 236 agency 20 days after the date of the published notice and filing 237 with the Department of State. The Department of State shall 238 amend the history note of the incorporating rule to show the 239 effective date of such change. Any substantially affected person 240 may, within 14 days after the date of publication of the notice 241 of intent in the Florida Administrative Register, file an 242 objection to rulemaking with the agency. The objection must 243 shall specify the portions of the rule incorporated by reference 244 to which the person objects and the reasons for the objection. 245 The agency does shall not have the authority under this 246 subparagraph to adopt those portions of the rule specified in 247 such objection. The agency shall publish notice of the objection 248 and of its action in response in the next available issue of the 249 Florida Administrative Register. 250 7.If an agency updates or makes a change to a document the 251 agency created and which is incorporated by reference pursuant 252 to paragraph (3)(a) or subparagraph (3)(e)1., the update or 253 change must be coded by underlining new text and striking 254 through deleted text. 255 8.6.The Department of State may adopt by rule requirements 256 for incorporating materials pursuant to this paragraph. 257 (2)RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING. 258 (a)Except when the intended action is the repeal of a 259 rule, agencies shall provide notice of the development of 260 proposed rules by publication of a notice of rule development in 261 the Florida Administrative Register before providing notice of a 262 proposed rule as required by paragraph (3)(a). The notice of 263 rule development must shall indicate the subject area to be 264 addressed by rule development, provide a short, plain 265 explanation of the purpose and effect of the proposed rule, cite 266 the specific legal authority for the proposed rule, and include 267 the preliminary text of the proposed rules and incorporated 268 documents, if available, or a statement of how a person may 269 promptly obtain, without cost, a copy of any preliminary draft, 270 if available. 271 (3)ADOPTION PROCEDURES. 272 (a)Notices. 273 1.Before Prior to the adoption, amendment, or repeal of 274 any rule other than an emergency rule, an agency shall, upon 275 approval of the agency head, shall give notice of its intended 276 action, setting forth a short, plain explanation of the purpose 277 and effect of the proposed action; the rule number; the full 278 text of the proposed rule or amendment and a summary thereof; a 279 reference to the grant of rulemaking authority pursuant to which 280 the rule is adopted; and a reference to the section or 281 subsection of the Florida Statutes or the Laws of Florida being 282 implemented or interpreted; and the name, e-mail address, and 283 telephone number of the agency employee who may be contacted 284 regarding the intended action. The notice must include a summary 285 of the agencys statement of the estimated regulatory costs, if 286 one has been prepared, based on the factors set forth in s. 287 120.541(2); a statement that any person who wishes to provide 288 the agency with information regarding the statement of estimated 289 regulatory costs, or to provide a proposal for a lower cost 290 regulatory alternative as provided by s. 120.541(1), must do so 291 in writing within 21 days after publication of the notice; and a 292 statement as to whether, based on the statement of the estimated 293 regulatory costs or other information expressly relied upon and 294 described by the agency if no statement of regulatory costs is 295 required, the proposed rule is expected to require legislative 296 ratification pursuant to s. 120.541(3). The notice must state 297 the procedure for requesting a public hearing on the proposed 298 rule. Except when the intended action is the repeal of a rule, 299 the notice must include a reference both to the date on which 300 and to the place where the notice of rule development that is 301 required by subsection (2) appeared. 302 2.The notice must shall be published in the Florida 303 Administrative Register at least 7 days after the notice of rule 304 development and at least not less than 28 days before prior to 305 the intended action. The proposed rule, including all material 306 proposed to be incorporated by reference, must shall be 307 available for inspection and copying by the public at the time 308 of the publication of notice. Material proposed to be 309 incorporated by reference in the notice required by this 310 paragraph must be made available in the manner prescribed by 311 sub-subparagraph (1)(i)3.a. or sub-subparagraph (1)(i)3.b. 312 3.The notice must shall be mailed or delivered 313 electronically to all persons named in the proposed rule and to 314 all persons who have made, at least 14 days before prior to such 315 mailing or delivery, have made requests of the agency for 316 advance notice of its proceedings. The agency shall also give 317 such notice as is prescribed by rule to those particular classes 318 of persons to whom the intended action is directed. 319 4.The adopting agency shall file with the committee, at 320 least 21 days before prior to the proposed adoption date, a copy 321 of each rule it proposes to adopt; a copy of any material 322 incorporated by reference in the rule; a detailed written 323 statement of the facts and circumstances justifying the proposed 324 rule; a copy of any statement of estimated regulatory costs that 325 has been prepared pursuant to s. 120.541; a statement of the 326 extent to which the proposed rule relates to federal standards 327 or rules on the same subject; and the notice required by 328 subparagraph 1. 329 5.If any of the information, other than substantive 330 changes to the rule text, which is required to be included in 331 the notice under subparagraph 1. is omitted or is incorrect, the 332 agency must publish a notice of correction in the Florida 333 Administrative Register at least 7 days before the intended 334 agency action. The publication of a notice of correction does 335 not affect the timeframes for filing the rule for adoption as 336 set forth in paragraph (e). Technical changes must be published 337 as a notice of correction. 338 (b)Special matters to be considered in rule adoption. 339 1.Statement of estimated regulatory costs.Before the 340 adoption, amendment, or repeal of any rule other than an 341 emergency rule, an agency is encouraged to prepare a statement 342 of estimated regulatory costs of the proposed rule, as provided 343 by s. 120.541. However, an agency must prepare a statement of 344 estimated regulatory costs of the proposed rule, as provided by 345 s. 120.541, if: 346 a.The proposed rule will have an adverse impact on small 347 business; or 348 b.The proposed rule is likely to directly or indirectly 349 increase regulatory costs in excess of $200,000 in the aggregate 350 in this state within 1 year after the implementation of the 351 rule. 352 2.Small businesses, small counties, and small cities. 353 a.Each agency, before the adoption, amendment, or repeal 354 of a rule, shall consider the impact of the rule on small 355 businesses as defined by s. 288.703 and the impact of the rule 356 on small counties or small cities as defined by s. 120.52. 357 Whenever practicable, an agency shall tier its rules to reduce 358 disproportionate impacts on small businesses, small counties, or 359 small cities to avoid regulating small businesses, small 360 counties, or small cities that do not contribute significantly 361 to the problem the rule is designed to address. An agency may 362 define small business to include businesses employing more 363 than 200 persons, may define small county to include those 364 with populations of more than 75,000, and may define small 365 city to include those with populations of more than 10,000, if 366 it finds that such a definition is necessary to adapt a rule to 367 the needs and problems of small businesses, small counties, or 368 small cities. The agency shall consider each of the following 369 methods for reducing the impact of the proposed rule on small 370 businesses, small counties, and small cities, or any combination 371 of these entities: 372 (I)Establishing less stringent compliance or reporting 373 requirements in the rule. 374 (II)Establishing less stringent schedules or deadlines in 375 the rule for compliance or reporting requirements. 376 (III)Consolidating or simplifying the rules compliance or 377 reporting requirements. 378 (IV)Establishing performance standards or best management 379 practices to replace design or operational standards in the 380 rule. 381 (V)Exempting small businesses, small counties, or small 382 cities from any or all requirements of the rule. 383 b.(I)If the agency determines that the proposed action 384 will affect small businesses as defined by the agency as 385 provided in sub-subparagraph a., the agency must shall send 386 written notice of the rule to the rules ombudsman in the 387 Executive Office of the Governor at least 28 days before the 388 intended action. 389 (II)Each agency shall adopt those regulatory alternatives 390 offered by the rules ombudsman in the Executive Office of the 391 Governor and provided to the agency no later than 21 days after 392 the rules ombudsmans receipt of the written notice of the rule 393 which it finds are feasible and consistent with the stated 394 objectives of the proposed rule and which would reduce the 395 impact on small businesses. When regulatory alternatives are 396 offered by the rules ombudsman in the Executive Office of the 397 Governor, the 90-day period for filing the rule in subparagraph 398 (e)2. is extended for a period of 21 days. An agency shall 399 provide the committee a copy of any regulatory alternative 400 offered to the agency within 7 days after its delivery to the 401 agency. The agency may not file a rule for adoption before such 402 regulatory alternative, if applicable, has been provided to the 403 committee. 404 (III)If an agency does not adopt all alternatives offered 405 pursuant to this sub-subparagraph, it must shall, before rule 406 adoption or amendment and pursuant to subparagraph (d)1., file a 407 detailed written statement with the committee explaining the 408 reasons for failure to adopt such alternatives. Within 3 working 409 days after the filing of such notice, the agency shall send a 410 copy of such notice to the rules ombudsman in the Executive 411 Office of the Governor. 412 (d)Modification or withdrawal of proposed rules. 413 1.After the final public hearing on the proposed rule, or 414 after the time for requesting a hearing has expired, if the rule 415 has not been changed from the rule as previously filed with the 416 committee, or contains only technical changes, the adopting 417 agency must shall file a notice to that effect with the 418 committee at least 7 days before prior to filing the rule for 419 adoption. Any change, other than a technical change that does 420 not affect the substance of the rule, must be supported by the 421 record of public hearings held on the rule, must be in response 422 to written material submitted to the agency within 21 days after 423 the date of publication of the notice of intended agency action 424 or submitted to the agency between the date of publication of 425 the notice and the end of the final public hearing, or must be 426 in response to a proposed objection by the committee. In 427 addition, when any change is made in a proposed rule, other than 428 a technical change, the adopting agency shall provide a copy of 429 a notice of change by certified mail or actual delivery to any 430 person who requests it in writing no later than 21 days after 431 the notice required in paragraph (a). The agency shall file the 432 notice of change with the committee, along with the reasons for 433 the change, and provide the notice of change to persons 434 requesting it, at least 21 days before prior to filing the rule 435 for adoption. The notice of change must shall be published in 436 the Florida Administrative Register at least 21 days before 437 prior to filing the rule for adoption. This subparagraph does 438 not apply to emergency rules adopted pursuant to subsection (4). 439 Material proposed to be incorporated by reference in the notice 440 required by this subparagraph must be made available in the 441 manner prescribed by sub-subparagraph (1)(i)3.a. or sub 442 subparagraph (1)(i)3.b. 443 2.After the notice required by paragraph (a) and before 444 prior to adoption, the agency may withdraw the rule in whole or 445 in part. 446 3.After adoption and before the rule becomes effective, a 447 rule may be modified or withdrawn only in the following 448 circumstances: 449 a.When the committee objects to the rule; 450 b.When a final order, which is not subject to further 451 appeal, is entered in a rule challenge brought pursuant to s. 452 120.56 after the date of adoption but before the rule becomes 453 effective pursuant to subparagraph (e)6.; 454 c.If the rule requires ratification, when more than 90 455 days have passed since the rule was filed for adoption without 456 the Legislature does not ratify ratifying the rule by the 457 adjournment sine die of the regular session immediately 458 following the filing for adoption of the rule, in which case the 459 rule must may be withdrawn, and within 90 days after adjournment 460 sine die, the agency: 461 (I)May initiate rulemaking again by publishing the notice 462 required by s. 120.54(3)(a); or 463 (II)Must initiate rulemaking again by publishing the 464 notice required by s. 120.54(3)(a), if the mandatory grant of 465 rulemaking authority the agency relied upon as authority to 466 pursue the original rule action is still in effect at the time 467 of the original rules withdrawal but may not be modified; or 468 d.When the committee notifies the agency that an objection 469 to the rule is being considered, in which case the rule may be 470 modified to extend the effective date by not more than 60 days. 471 4.The agency shall give notice of its decision to withdraw 472 or modify a rule in the first available issue of the publication 473 in which the original notice of rulemaking was published, shall 474 notify those persons described in subparagraph (a)3. in 475 accordance with the requirements of that subparagraph, and must 476 shall notify the Department of State if the rule is required to 477 be filed with the Department of State. 478 5.After a rule has become effective, it may be repealed or 479 amended only through the rulemaking procedures specified in this 480 chapter. 481 (e)Filing for final adoption; effective date. 482 1.If the adopting agency is required to publish its rules 483 in the Florida Administrative Code, the agency, upon approval of 484 the agency head, must electronically shall file with the 485 Department of State a three certified copy copies of the rule it 486 proposes to adopt; one copy of any material incorporated by 487 reference in the rule, certified by the agency; a summary of the 488 rule; a summary of any hearings held on the rule; and a detailed 489 written statement of the facts and circumstances justifying the 490 rule. Agencies not required to publish their rules in the 491 Florida Administrative Code shall file one certified copy of the 492 proposed rule, and the other material required by this 493 subparagraph, in the office of the agency head, and such rules 494 must shall be open to the public. 495 2.A rule may not be filed for adoption less than 28 days 496 or more than 90 days after the notice required by paragraph (a), 497 until 21 days after the notice of change required by paragraph 498 (d), until 14 days after the final public hearing, until 21 days 499 after a statement of estimated regulatory costs required under 500 s. 120.541 has been provided to all persons who submitted a 501 lower cost regulatory alternative and made available to the 502 public, or until the administrative law judge has rendered a 503 decision under s. 120.56(2), whichever applies. When a required 504 notice of change is published before prior to the expiration of 505 the time to file the rule for adoption, the period during which 506 a rule must be filed for adoption is extended to 45 days after 507 the date of publication. If notice of a public hearing is 508 published before prior to the expiration of the time to file the 509 rule for adoption, the period during which a rule must be filed 510 for adoption is extended to 45 days after adjournment of the 511 final hearing on the rule, 21 days after receipt of all material 512 authorized to be submitted at the hearing, or 21 days after 513 receipt of the transcript, if one is made, whichever is latest. 514 The term public hearing includes any public meeting held by 515 any agency at which the rule is considered. If a petition for an 516 administrative determination under s. 120.56(2) is filed, the 517 period during which a rule must be filed for adoption is 518 extended to 60 days after the administrative law judge files the 519 final order with the clerk or until 60 days after subsequent 520 judicial review is complete. 521 3.At the time a rule is filed, the agency shall certify 522 that the time limitations prescribed by this paragraph have been 523 complied with, that all statutory rulemaking requirements have 524 been met, and that there is no administrative determination 525 pending on the rule. 526 4.At the time a rule is filed, the committee shall certify 527 whether the agency has responded in writing to all material and 528 timely written comments or written inquiries made on behalf of 529 the committee. The department shall reject any rule that is not 530 filed within the prescribed time limits; that does not comply 531 with all statutory rulemaking requirements and rules of the 532 department; upon which an agency has not responded in writing to 533 all material and timely written inquiries or written comments; 534 upon which an administrative determination is pending; or which 535 does not include a statement of estimated regulatory costs, if 536 required. 537 5.If a rule has not been adopted within the time limits 538 imposed by this paragraph or has not been adopted in compliance 539 with all statutory rulemaking requirements, the agency proposing 540 the rule must shall withdraw the rule and give notice of its 541 action in the next available issue of the Florida Administrative 542 Register. 543 6.The proposed rule is shall be adopted upon on being 544 filed with the Department of State and becomes become effective 545 20 days after being filed, on a later date specified in the 546 notice required by subparagraph (a)1., on a date required by 547 statute, or upon ratification by the Legislature pursuant to s. 548 120.541(3). Rules not required to be filed with the Department 549 of State shall become effective when adopted by the agency head, 550 on a later date specified by rule or statute, or upon 551 ratification by the Legislature pursuant to s. 120.541(3). If 552 the committee notifies an agency that an objection to a rule is 553 being considered, the agency may postpone the adoption of the 554 rule to accommodate review of the rule by the committee. When an 555 agency postpones adoption of a rule to accommodate review by the 556 committee, the 90-day period for filing the rule is tolled until 557 the committee notifies the agency that it has completed its 558 review of the rule. 559 560 For the purposes of this paragraph, the term administrative 561 determination does not include subsequent judicial review. 562 (4)EMERGENCY RULES. 563 (a)If an agency finds that an immediate danger to the 564 public health, safety, or welfare requires emergency action, or 565 if the Legislature authorizes the agency to adopt emergency 566 rules and finds that all conditions specified in this paragraph 567 are met, the agency may, within the authority granted to the 568 agency under the State Constitution or delegated to it by the 569 Legislature, adopt any rule necessitated by the immediate danger 570 or legislative finding. The agency may adopt a rule by any 571 procedure which is fair under the circumstances if: 572 1.The procedure provides at least the procedural 573 protection given by other statutes, the State Constitution, or 574 the United States Constitution. 575 2.The agency takes only that action necessary to protect 576 the public interest under the emergency procedure. 577 3.The agency publishes in writing at the time of, or prior 578 to, its action the specific facts and reasons for finding an 579 immediate danger to the public health, safety, or welfare and 580 its reasons for concluding that the procedure used is fair under 581 the circumstances. In any event, notice of emergency rules, 582 other than those of educational units or units of government 583 with jurisdiction in only one or a part of one county, including 584 the full text of the rules and the agencys findings of 585 immediate danger, necessity, and procedural fairness or a 586 citation to the grant of emergency rulemaking authority, must, 587 shall be published in the first available issue of the Florida 588 Administrative Register and provided to the committee along with 589 any material incorporated by reference in the rules. The 590 agencys findings of immediate danger, necessity, and procedural 591 fairness are shall be judicially reviewable. 592 (b)Rules pertaining to the public health, safety, or 593 welfare must shall include rules pertaining to perishable 594 agricultural commodities or rules pertaining to the 595 interpretation and implementation of the requirements of 596 chapters 97-102 and chapter 105 of the Election Code. 597 (c)1.An emergency rule adopted under this subsection may 598 shall not be effective for a period longer than 90 days and may 599 shall not be renewable, except when the agency has initiated 600 rulemaking to adopt rules addressing the subject of the 601 emergency rule and either: 602 a.1.A challenge to the proposed rules has been filed and 603 remains pending; or 604 b.2.The proposed rules are awaiting ratification by the 605 Legislature pursuant to s. 120.541(3). If the proposed rule is 606 not ratified during the next regular legislative session, the 607 emergency rule shall expire at adjournment sine die of that 608 regular legislative session. The proposed rule must be withdrawn 609 from ratification in accordance with s. 120.54(3)(d). 610 2.Nothing in This paragraph does not prohibit prohibits 611 the agency from adopting a rule or rules identical to the 612 emergency rule through the rulemaking procedures specified in 613 subsection (3). 614 (d)Notice of the renewal of an emergency rule must be 615 published in the Florida Administrative Register before the 616 expiration of the existing emergency rule. The notice of renewal 617 must state the specific facts and reasons for such renewal. 618 (e)For emergency rules with an effective period greater 619 than 90 days which are intended to replace existing rules, a 620 note must be added to the history note of the existing rule 621 which specifically identifies the emergency rule that is 622 intended to supersede the existing rule and includes the date 623 that the emergency rule was filed with the Department of State. 624 (f)Emergency rules must be published in the Florida 625 Administrative Code. 626 (g)An agency may supersede an emergency rule in effect 627 through adoption of another emergency rule before the superseded 628 rule expires. The reason for adopting the superseding rule must 629 be stated in accordance with the procedures set forth in 630 paragraph (a), and the superseding rule is in effect during the 631 effective period of the superseded rule. 632 (h)An agency may make technical changes to an emergency 633 rule within the first 7 days after the rule is adopted, and such 634 changes must be published in the Florida Administrative Register 635 as a notice of correction. 636 (i)Subject to applicable constitutional and statutory 637 provisions, an emergency rule becomes effective immediately on 638 filing, or on a date less than 20 days thereafter if specified 639 in the rule, if the adopting agency finds that such effective 640 date is necessary because of immediate danger to the public 641 health, safety, or welfare. 642 (j)An agency may repeal an emergency rule before it 643 expires by providing notice of its intended action in the 644 Florida Administrative Register. The notice must include the 645 full text of the emergency rule and a summary thereof; if 646 applicable, a reference to the rule number; and a short, plain 647 explanation as to why the conditions specified in accordance 648 with paragraph (a) no longer require the emergency rule. 649 (7)PETITION TO INITIATE RULEMAKING. 650 (a)Any person regulated by an agency or having substantial 651 interest in an agency rule may petition an agency to adopt, 652 amend, or repeal a rule or to provide the minimum public 653 information required by this chapter. The petition must shall 654 specify the proposed rule and action requested. The agency shall 655 provide to the committee a copy of the petition within 7 days 656 after its receipt. No Not later than 30 calendar days following 657 the date of filing a petition, the agency shall initiate 658 rulemaking proceedings under this chapter, otherwise comply with 659 the requested action, or deny the petition with a written 660 statement of its reasons for the denial. The agency shall notify 661 the committee of its intended action or response within 7 days. 662 Section 3.Paragraph (a) of subsection (1) and subsection 663 (3) of section 120.541, Florida Statutes, are amended, and 664 subsection (4) of that section is reenacted, to read: 665 120.541Statement of estimated regulatory costs. 666 (1)(a)Within 21 days after publication of the notice 667 required under s. 120.54(3)(a), a substantially affected person 668 may submit to an agency a good faith written proposal for a 669 lower cost regulatory alternative to a proposed rule which 670 substantially accomplishes the objectives of the law being 671 implemented. The proposal may include the alternative of not 672 adopting any rule if the proposal explains how the lower costs 673 and objectives of the law will be achieved by not adopting any 674 rule. If submitted after a notice of change, a proposal for a 675 lower cost regulatory alternative is deemed to be made in good 676 faith only if the person reasonably believes, and the proposal 677 states, the persons reasons for believing that the proposed 678 rule as changed by the notice of change increases the regulatory 679 costs or creates an adverse impact on small businesses which was 680 not created by the previously proposed rule. If such a proposal 681 is submitted, the 90-day period for filing the rule is extended 682 21 days. Upon the submission of the lower cost regulatory 683 alternative, the agency shall prepare a statement of estimated 684 regulatory costs as provided in subsection (2), or shall revise 685 its prior statement of estimated regulatory costs, and either 686 adopt the alternative or provide a statement of the reasons for 687 rejecting the alternative in favor of the proposed rule. The 688 agency shall provide to the committee, within 7 days after its 689 receipt, a copy of any proposal for a lower cost regulatory 690 alternative, and within 7 days after its release, a copy of the 691 agencys response thereto. The agency may not file a rule for 692 adoption before such documents, if applicable, have been 693 provided to the committee. 694 (3)If the adverse impact or regulatory costs of the rule 695 exceed any of the criteria established in paragraph (2)(a), the 696 rule must shall be submitted to the President of the Senate and 697 Speaker of the House of Representatives no later than 30 days 698 before prior to the next regular legislative session, and the 699 rule may not take effect until it is ratified by the 700 Legislature. The agency shall notify the committee of its 701 submission of the rule to the Legislature for ratification 702 within 3 business days after submittal. If the proposed rule is 703 not ratified during the next regular legislative session, the 704 agency must withdraw the rule, and within 90 days after 705 adjournment sine die of that legislative session: 706 (a)May initiate rulemaking again by publishing the notice 707 required by s. 120.54(3)(a); or 708 (b)Must initiate rulemaking by publishing the notice 709 required by s. 120.54(3)(a), if the mandatory grant of 710 rulemaking authority the agency relied on as authority to 711 initiate the original rulemaking is still in effect at the time 712 of the original rules withdrawal. 713 (4)Subsection (3) does not apply to the adoption of: 714 (a)Federal standards pursuant to s. 120.54(6). 715 (b)Triennial updates of and amendments to the Florida 716 Building Code which are expressly authorized by s. 553.73. 717 (c)Triennial updates of and amendments to the Florida Fire 718 Prevention Code which are expressly authorized by s. 633.202. 719 Section 4.Section 120.5435, Florida Statutes, is created 720 to read: 721 120.5435Agency review of rules. 722 (1)By July 1, 2030, each agency, in coordination with the 723 committee, shall review all existing rules adopted by the agency 724 before July 1, 2025, in accordance with this section. For the 725 purposes of this section, the term rule means the rule number 726 assigned by the Department of State. 727 (2)Beginning October 1, 2025, each agency shall include a 728 list of its existing rules in its annual regulatory plan, 729 prepared and submitted pursuant to s. 120.74. The agency shall 730 include a schedule of the rules it will review each year during 731 the 5-year rule review period. The agency may amend its yearly 732 schedule in subsequent regulatory plans but must provide for the 733 completed review of at least 20 percent of the agencys rules 734 per year, until all of its subject rules have been reviewed. 735 (3)The agency rule review must determine whether each 736 rule: 737 (a)Is a valid exercise of delegated legislative authority; 738 (b)Has current statutory authority; 739 (c)Reiterates or paraphrases statutory material; 740 (d)Is in proper form; 741 (e)Is consistent with expressed legislative intent 742 pertaining to the specific provisions of law which the rule 743 implements; 744 (f)Requires a technical or substantive update to reflect 745 current use; and 746 (g)Requires updated references to statutory citations and 747 incorporated materials. 748 (4)By January 1 of each year, the agency shall submit a 749 report to the President of the Senate and the Speaker of the 750 House of Representatives which summarizes the agencys intended 751 action on each rule under review during the current fiscal year. 752 (5)The agency shall take one of the following actions 753 during its rule review: 754 (a)Make no change to the rule. If the agency determines 755 that no change is necessary, the agency must file with the 756 committee by April 1 a copy of the reviewed rule, a written 757 statement of its intended action, and its assessment of factors 758 specified in subsection (3). This determination is not subject 759 to a challenge as a proposed rule pursuant to s. 120.56(2). 760 (b)Make a technical change to the rule. If the agency 761 determines that one or more technical changes are necessary, the 762 agency must file with the committee by April 1 a copy of the 763 reviewed rule and the recommended technical change or changes 764 coded by underlining new text and striking through deleted text, 765 a written statement of its intended action, its assessment of 766 the factors specified in subsection (3), and the facts and 767 circumstances justifying the technical change or changes to the 768 reviewed rule. This determination is not subject to a challenge 769 as a proposed rule pursuant to s. 120.56(2). 770 (c)Make a substantive change to the rule. If the agency 771 determines that the rule requires a substantive change, the 772 agency must make all changes, including any technical change, to 773 the rule in accordance with this chapter. The agency shall 774 publish a notice of rule development in the Florida 775 Administrative Register by April 1. The agency shall also file 776 with the committee by April 1 a copy of the reviewed rule and 777 the recommended change or changes coded by underlining new text 778 and striking through deleted text, a written statement of its 779 intended action, and its assessment of factors specified in 780 subsection (3). This submission to the committee does not 781 constitute a notice of rule development as contemplated by s. 782 120.54(3)(a) and is not required to be in the same form as the 783 rule that will be proposed by the agency. 784 (d)Repeal the rule. If an agency determines that the rule 785 should be repealed, the agency must repeal the rule in 786 accordance with this chapter. The agency shall publish a notice 787 of proposed rule development in the Florida Administrative 788 Register by April 1. The agency shall also file with the 789 committee by April 1 a written statement of its intended action 790 and its assessment of factors specified in subsection (3). This 791 submission to the committee does not constitute a notice of rule 792 development as contemplated by s. 120.54(3)(a). 793 (6)The committee shall examine the agencys rule review 794 submission. The committee may request from an agency any 795 information that is reasonably necessary for examination of a 796 rule as required by subsection (1). If the agency recommends no 797 change or a technical change to a rule, the committee must 798 complete its examination within 90 calendar days after the 799 agency transmits the report required under subsection (4). Upon 800 completion of its examination, the committee must certify 801 whether the agency has responded in writing to all material and 802 timely written comments or inquiries made on behalf of the 803 committee. 804 (7)The rule review is completed upon either: 805 (a)The agency, upon approval of the agency head or his or 806 her designee, electronically filing a certified copy of the 807 reviewed rule to which no changes or only technical changes were 808 made, and the committees certification granted pursuant to 809 subsection (6), with the Department of State. 810 (b)The agency, for a reviewed rule subject to substantive 811 change or repeal, timely filing a proposed rule pursuant to s. 812 120.54. 813 (8)The Department of State shall publish in the Florida 814 Administrative Register a notice of the completed rule review 815 and shall update the history note of the rule in the Florida 816 Administrative Code to reflect the date of the rule reviews 817 completion, if applicable. 818 (9)The hearing requirements of s. 120.54 do not apply to a 819 rule reviewed pursuant to this section. 820 (10)The Department of State shall adopt rules to implement 821 this section no later than December 31, 2025. 822 (11)This section is repealed July 1, 2032, unless reviewed 823 and saved from repeal through reenactment by the Legislature. 824 Section 5.Subsection (1) of section 120.55, Florida 825 Statutes, is amended to read: 826 120.55Publication. 827 (1)The Department of State shall: 828 (a)1.Through a continuous revision and publication system, 829 compile and publish electronically, on a website managed by the 830 department, the Florida Administrative Code. The Florida 831 Administrative Code must shall contain all rules adopted by each 832 agency, citing the grant of rulemaking authority and the 833 specific law implemented pursuant to which each rule was 834 adopted, all history notes as authorized in ss. 120.5435 and 835 120.545(7) s. 120.545(7), complete indexes to all rules and any 836 material incorporated by reference contained in the code, and 837 any other material required or authorized by law or deemed 838 useful by the department. The electronic code must shall display 839 each rule chapter currently in effect in browse mode and allow 840 full text search of the code and each rule chapter. The 841 department may contract with a publishing firm for a printed 842 publication; however, the department retains shall retain 843 responsibility for the code as provided in this section. The 844 electronic publication is shall be the official compilation of 845 the administrative rules of this state. The Department of State 846 retains shall retain the copyright over the Florida 847 Administrative Code. 848 2.Rules general in form but applicable to only one school 849 district, community college district, or county, or a part 850 thereof, or state university rules relating to internal 851 personnel or business and finance may shall not be published in 852 the Florida Administrative Code. Exclusion from publication in 853 the Florida Administrative Code does shall not affect the 854 validity or effectiveness of such rules. 855 3.At the beginning of the section of the code dealing with 856 an agency that files copies of its rules with the department, 857 the department shall publish the address and telephone number of 858 the executive offices of each agency, the manner by which the 859 agency indexes its rules, a listing of all rules of that agency 860 excluded from publication in the code, a listing of all forms 861 and material incorporated by reference adopted by rule which are 862 used by the agency, and a statement as to where those rules may 863 be inspected. 864 4.Forms may shall not be published in the Florida 865 Administrative Code; but any form which an agency uses in its 866 dealings with the public, along with any accompanying 867 instructions, must shall be filed with the committee before it 868 is used. Any form or instruction which meets the definition of 869 the term rule provided in s. 120.52 must shall be incorporated 870 by reference into the appropriate rule. The reference must shall 871 specifically state that the form is being incorporated by 872 reference and shall include the number, title, and effective 873 date of the form and an explanation of how the form may be 874 obtained. Each form created by an agency which is incorporated 875 by reference in a rule notice of which is given under s. 876 120.54(3)(a) after December 31, 2007, must clearly display the 877 number, title, and effective date of the form and the number of 878 the rule in which the form is incorporated. 879 5.After December 31, 2025, the department shall require 880 any material incorporated by reference in allow adopted rules 881 and material incorporated by reference to be filed in electronic 882 form as prescribed by department rule. When a rule is filed for 883 adoption with incorporated material in electronic form, the 884 departments publication of the Florida Administrative Code on 885 its website must contain a hyperlink from the incorporating 886 reference in the rule directly to that material. The department 887 may not allow hyperlinks from rules in the Florida 888 Administrative Code to any material other than that filed with 889 and maintained by the department, but may allow hyperlinks to 890 incorporated material maintained by the department from the 891 adopting agencys website or other sites. 892 6.The department shall include the date of any technical 893 changes in the history note of the rule in the Florida 894 Administrative Code. A technical change does not affect the 895 effective date of the rule. A technical change made after the 896 adoption of a rule must be published as a notice of correction. 897 (b)Electronically publish on a website managed by the 898 department a continuous revision and publication entitled the 899 Florida Administrative Register, which serves shall serve as 900 the official publication and must contain: 901 1.All notices required by s. 120.54(2) and (3)(a), showing 902 the text of all rules proposed for consideration. 903 2.All notices of public meetings, hearings, and workshops 904 conducted in accordance with s. 120.525, including a statement 905 of the manner in which a copy of the agenda may be obtained. 906 3.A notice of each request for authorization to amend or 907 repeal an existing uniform rule or for the adoption of new 908 uniform rules. 909 4.Notice of petitions for declaratory statements or 910 administrative determinations. 911 5.A list of all rules that were not timely reviewed by 912 their respective agency, pursuant to s. 120.5435, updated at 913 least annually. 914 6.A summary of each objection to any rule filed by the 915 Administrative Procedures Committee. 916 7.6.A list of rules filed for adoption in the previous 7 917 days. 918 8.7.A list of all rules filed for adoption pending 919 legislative ratification under s. 120.541(3). A rule shall be 920 removed from the list once notice of ratification or withdrawal 921 of the rule is received. 922 9.8.Any other material required or authorized by law or 923 deemed useful by the department. 924 925 The department may contract with a publishing firm for a printed 926 publication of the Florida Administrative Register and make 927 copies available on an annual subscription basis. 928 (c)Prescribe by rule the style and form required for 929 rules, notices, and other materials submitted for filing, 930 including any rule requiring that documents created by an agency 931 which are proposed to be incorporated by reference in notices 932 published pursuant to s. 120.54(3)(a) and (d) be coded as 933 required in s. 120.54(1)(i)7. 934 (d)Charge each agency using the Florida Administrative 935 Register a space rate to cover the costs related to the Florida 936 Administrative Register and the Florida Administrative Code. 937 (e)Maintain a permanent record of all notices published in 938 the Florida Administrative Register. 939 Section 6.Paragraph (c) of subsection (1) and subsections 940 (4) through (8) of section 120.74, Florida Statutes, are 941 amended, and paragraphs (e), (f), and (g) are added to 942 subsection (1) of that section, to read: 943 120.74Agency annual rulemaking and regulatory plans; 944 reports. 945 (1)REGULATORY PLAN.By October 1 of each year, each agency 946 shall prepare a regulatory plan. 947 (c)The plan must include any desired update to the prior 948 years regulatory plan or supplement published pursuant to 949 subsection (5) (7). If, in a prior year, a law was identified 950 under this paragraph or under subparagraph (a)1. as a law 951 requiring rulemaking to implement but a notice of proposed rule 952 has not been published: 953 1.The agency shall identify and again list such law, 954 noting the applicable notice of rule development by citation to 955 the Florida Administrative Register; or 956 2.If the agency has subsequently determined that 957 rulemaking is not necessary to implement the law, the agency 958 shall identify such law, reference the citation to the 959 applicable notice of rule development in the Florida 960 Administrative Register, and provide a concise written 961 explanation of the reason why the law may be implemented without 962 rulemaking. 963 (e)The plan must also include all of the following: 964 1.A list of the agencys existing rules scheduled for 965 review pursuant to s. 120.5435. 966 2.A 5-year schedule for the review of all existing rules 967 as of July 1, 2025. 968 3.A yearly schedule for the rules it will review each year 969 during the 5-year rule review. The agency may amend this 970 schedule, if necessary. 971 (f)The plan must include any desired update to the prior 972 years regulatory plan or supplement thereof, published pursuant 973 to subsection (5). If, in a prior year, the agency identified a 974 rule under this paragraph as one requiring review pursuant to s. 975 120.5435, but the agency has not yet completed an action 976 described in s. 120.5435(5): 977 1.The agency must identify and list such rule in its 978 regulatory plan as an untimely rule review and notify the 979 committee of such action; or 980 2.If the agency subsequently determined that the rule 981 review is not necessary, the agency must identify the rule and 982 provide a concise written explanation of the reason why the rule 983 does not require a rule review. 984 (g)1.Beginning October 1, 2025, each agency issuing 985 licenses in accordance with s. 120.60 shall track the agencys 986 compliance with the licensing timeframes established in s. 987 120.60, and beginning October 1, 2026, must include in the 988 regulatory plan required by subsection (1), the following 989 information regarding its licensing activities of the prior 990 fiscal year, categorized by type of license: 991 a.The number of license applications submitted to the 992 agency; 993 b.The number of license applications which required one or 994 more requests for additional information; 995 c.The number of license applications for which the 996 applicant was nonresponsive to one or more requests for 997 additional information; 998 d.The number of license applications which were not 999 completed by the applicant; 1000 e.The number of license applications for which the agency 1001 requested that the applicant grant an extension of time for the 1002 agency to issue a request for additional information, determine 1003 that an application is complete, or issue a decision to approve 1004 or deny an application; 1005 f. The number of license applications for which an 1006 extension was requested by the applicant and for which an 1007 extension was required by the state agency or judicial branch; 1008 g. The number of license applications which were not 1009 approved or denied within the statutory timeframe; 1010 h.The average and median number of days it takes the 1011 agency to approve or deny an application after receipt of a 1012 completed application; and 1013 i.The number of license applications for which final 1014 agency action was appealed and the number of informal and formal 1015 hearings requested. 1016 2.No later than December 31 of each year, the Office of 1017 Program Policy Analysis and Government Accountability must 1018 submit, pursuant to s. 286.001, a consolidated annual agency 1019 licensing performance report that provides all of the 1020 information required by subparagraph 1. The Department of State 1021 must publish a hyperlink to these reports in the first available 1022 issue of the Florida Administrative Register. 1023 (4)DEADLINE FOR RULE DEVELOPMENT.By November 1 of each 1024 year, each agency shall publish a notice of rule development 1025 under s. 120.54(2) for each law identified in the agencys 1026 regulatory plan pursuant to subparagraph (1)(a)1. for which 1027 rulemaking is necessary to implement but for which the agency 1028 did not report the publication of a notice of rule development 1029 under subparagraph (1)(a)2. 1030 (5)CORRECTING THE REGULATORY PLAN DEADLINE TO PUBLISH 1031 PROPOSED RULE.For each law for which implementing rulemaking is 1032 necessary as identified in the agencys plan pursuant to 1033 subparagraph (1)(a)1. or subparagraph (1)(c)1., the agency shall 1034 publish a notice of proposed rule pursuant to s. 120.54(3)(a) by 1035 April 1 of the year following the deadline for the regulatory 1036 plan. This deadline may be extended if the agency publishes a 1037 notice of extension in the Florida Administrative Register 1038 identifying each rulemaking proceeding for which an extension is 1039 being noticed by citation to the applicable notice of rule 1040 development as published in the Florida Administrative Register. 1041 The agency shall include a concise statement in the notice of 1042 extension identifying any issues that are causing the delay in 1043 rulemaking. An extension shall expire on October 1 after the 1044 April 1 deadline, provided that the regulatory plan due on 1045 October 1 may further extend the rulemaking proceeding by 1046 identification pursuant to subparagraph (1)(c)1. or conclude the 1047 rulemaking proceeding by identification pursuant to subparagraph 1048 (1)(c)2. A published regulatory plan may be corrected at any 1049 time to accomplish the purpose of extending or concluding an 1050 affected rulemaking proceeding by identifying the applicable 1051 rule pursuant to subparagraph (1)(c)2. The regulatory plan and 1052 is deemed corrected as of the October 1 due date. Upon 1053 publication of a correction, the agency shall publish in the 1054 Florida Administrative Register a notice of the date of the 1055 correction identifying the affected rulemaking proceeding by 1056 applicable citation to the Florida Administrative Register. 1057 (6)CERTIFICATIONS.Each agency shall file a certification 1058 with the committee upon compliance with subsection (4) and upon 1059 filing a notice under subsection (5) of either a deadline 1060 extension or a regulatory plan correction. A certification may 1061 relate to more than one notice or contemporaneous act. The date 1062 or dates of compliance shall be noted in each certification. 1063 (5)(7)SUPPLEMENTING THE REGULATORY PLAN.After publication 1064 of the regulatory plan, the agency shall supplement the plan 1065 within 30 days after a bill becomes a law if the law is enacted 1066 before the next regular session of the Legislature and the law 1067 substantively modifies the agencys specifically delegated legal 1068 duties, unless the law affects all or most state agencies as 1069 identified by letter to the committee from the Governor or the 1070 Attorney General. The supplement must include the information 1071 required in paragraph (1)(a) and shall be published as required 1072 in subsection (2), but no certification or delivery to the 1073 committee is required. The agency shall publish in the Florida 1074 Administrative Register notice of publication of the supplement, 1075 and include a hyperlink on its website or web address for direct 1076 access to the published supplement. For each law reported in the 1077 supplement, if rulemaking is necessary to implement the law, the 1078 agency shall publish a notice of rule development by the later 1079 of the date provided in subsection (4) or 60 days after the bill 1080 becomes a law, and a notice of proposed rule shall be published 1081 by the later of the date provided in subsection (5) or 120 days 1082 after the bill becomes a law. The proposed rule deadline may be 1083 extended to the following October 1 by notice as provided in 1084 subsection (5). If such proposed rule has not been filed by 1085 October 1, a law included in a supplement shall also be included 1086 in the next annual plan pursuant to subsection (1). 1087 (6)(8)FAILURE TO COMPLY.If an agency fails to comply with 1088 a requirement of paragraph (2)(a) or subsection (5), within 15 1089 days after written demand from the committee or from the chair 1090 of any other legislative committee, the agency shall deliver a 1091 written explanation of the reasons for noncompliance to the 1092 committee, the President of the Senate, the Speaker of the House 1093 of Representatives, and the chair of any legislative committee 1094 requesting the explanation of the reasons for noncompliance. 1095 Section 7.This act shall take effect July 1, 2025.