October 26, 2020
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       Florida Senate - 2010                                    SB 1844
       
       
       
       By Senator Bennett
       
       
       
       
       21-00768B-10                                          20101844__
    1                        A bill to be entitled                      
    2         An act relating to rulemaking; amending s. 120.54,
    3         F.S.; requiring each agency to determine whether an
    4         agency’s rule would adversely affect small businesses
    5         or increases the regulatory costs of small businesses;
    6         requiring the agency to conduct an independent
    7         economic analysis under certain specified
    8         circumstances; requiring the agency to demonstrate
    9         whether a rule will create new private-sector jobs and
   10         reduce the unemployment rate for the state;
   11         prohibiting a state agency from producing its own
   12         economic analysis; requiring that the economic
   13         analysis be certified as valid by the Office of
   14         Economic and Demographic Research; requiring a rule to
   15         be ratified by the Legislature if the state agency
   16         cannot prove that the rule creates new jobs and lowers
   17         the unemployment rate for the state; requiring that
   18         rules subject to ratification be accompanied by a
   19         report from the agency explaining why the rule does
   20         not create new private-sector jobs and reduce the
   21         unemployment rate for the state; providing that the
   22         act is not applicable to rules initiated by an agency
   23         pursuant to its emergency rulemaking powers; providing
   24         an effective date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Paragraph (b) of subsection (3) of section
   29  120.54, Florida Statutes, is amended to read:
   30         120.54 Rulemaking.—
   31         (3) ADOPTION PROCEDURES.—
   32         (b) Special matters to be considered in rule adoption.—
   33         1. Statement of estimated regulatory costs.—Prior to the
   34  adoption, amendment, or repeal of any rule other than an
   35  emergency rule, an agency is encouraged to prepare a statement
   36  of estimated regulatory costs of the proposed rule, as provided
   37  by s. 120.541. However, an agency shall prepare a statement of
   38  estimated regulatory costs of the proposed rule, as provided by
   39  s. 120.541, if the proposed rule will have an impact on small
   40  business.
   41         2. Small businesses, small counties, and small cities.—
   42         a. Each agency, before the adoption, amendment, or repeal
   43  of a rule, shall consider the impact of the rule on small
   44  businesses as defined by s. 288.703 and the impact of the rule
   45  on small counties or small cities as defined by s. 120.52.
   46  Whenever practicable, an agency shall tier its rules to reduce
   47  disproportionate impacts on small businesses, small counties, or
   48  small cities to avoid regulating small businesses, small
   49  counties, or small cities that do not contribute significantly
   50  to the problem the rule is designed to address. An agency may
   51  define “small business” to include businesses employing more
   52  than 200 persons, may define “small county” to include those
   53  with populations of more than 75,000, and may define “small
   54  city” to include those with populations of more than 10,000, if
   55  it finds that such a definition is necessary to adapt a rule to
   56  the needs and problems of small businesses, small counties, or
   57  small cities. The agency shall consider each of the following
   58  methods for reducing the impact of the proposed rule on small
   59  businesses, small counties, and small cities, or any combination
   60  of these entities:
   61         (I) Establishing less stringent compliance or reporting
   62  requirements in the rule.
   63         (II) Establishing less stringent schedules or deadlines in
   64  the rule for compliance or reporting requirements.
   65         (III) Consolidating or simplifying the rule’s compliance or
   66  reporting requirements.
   67         (IV) Establishing performance standards or best management
   68  practices to replace design or operational standards in the
   69  rule.
   70         (V) Exempting small businesses, small counties, or small
   71  cities from any or all requirements of the rule.
   72         b.(I) If the agency determines that the proposed action
   73  will affect small businesses as defined by the agency as
   74  provided in sub-subparagraph a., the agency shall send written
   75  notice of the rule to the Small Business Regulatory Advisory
   76  Council and the Office of Tourism, Trade, and Economic
   77  Development not less than 28 days prior to the intended action.
   78         (II) Each agency shall adopt those regulatory alternatives
   79  offered by the Small Business Regulatory Advisory Council and
   80  provided to the agency no later than 21 days after the council’s
   81  receipt of the written notice of the rule which it finds are
   82  feasible and consistent with the stated objectives of the
   83  proposed rule and which would reduce the impact on small
   84  businesses. When regulatory alternatives are offered by the
   85  Small Business Regulatory Advisory Council, the 90-day period
   86  for filing the rule in subparagraph (e)2. is extended for a
   87  period of 21 days.
   88         (III) If an agency does not adopt all alternatives offered
   89  pursuant to this sub-subparagraph, it shall, prior to rule
   90  adoption or amendment and pursuant to subparagraph (d)1., file a
   91  detailed written statement with the committee explaining the
   92  reasons for failure to adopt such alternatives. Within 3 working
   93  days of the filing of such notice, the agency shall send a copy
   94  of such notice to the Small Business Regulatory Advisory
   95  Council. The Small Business Regulatory Advisory Council may make
   96  a request of the President of the Senate and the Speaker of the
   97  House of Representatives that the presiding officers direct the
   98  Office of Program Policy Analysis and Government Accountability
   99  to determine whether the rejected alternatives reduce the impact
  100  on small business while meeting the stated objectives of the
  101  proposed rule. Within 60 days after the date of the directive
  102  from the presiding officers, the Office of Program Policy
  103  Analysis and Government Accountability shall report to the
  104  Administrative Procedures Committee its findings as to whether
  105  an alternative reduces the impact on small business while
  106  meeting the stated objectives of the proposed rule. The Office
  107  of Program Policy Analysis and Government Accountability shall
  108  consider the proposed rule, the economic impact statement, the
  109  written statement of the agency, the proposed alternatives, and
  110  any comment submitted during the comment period on the proposed
  111  rule. The Office of Program Policy Analysis and Government
  112  Accountability shall submit a report of its findings and
  113  recommendations to the Governor, the President of the Senate,
  114  and the Speaker of the House of Representatives. The
  115  Administrative Procedures Committee shall report such findings
  116  to the agency, and the agency shall respond in writing to the
  117  Administrative Procedures Committee if the Office of Program
  118  Policy Analysis and Government Accountability found that the
  119  alternative reduced the impact on small business while meeting
  120  the stated objectives of the proposed rule. If the agency will
  121  not adopt the alternative, it must also provide a detailed
  122  written statement to the committee as to why it will not adopt
  123  the alternative.
  124         3.Job creation.—
  125         a.Except as provided in sub-subparagraph g., each agency
  126  shall initially determine, before adopting, amending, or
  127  repealing a rule, whether the rule would:
  128         (I)Adversely affect small businesses; or
  129         (II)Increase regulatory costs to those small businesses
  130  affected.
  131         b.If the agency initially determines the rule would
  132  adversely affect small businesses or increase the regulatory
  133  costs of small businesses, the agency shall retain an
  134  independent entity to conduct an economic analysis to determine
  135  the extent to which the rule as adopted, amended, or repealed,
  136  would adversely affect a small business or increase its
  137  regulatory costs. The agency shall also initiate an independent
  138  economic analysis if it receives an electronic or written
  139  request from the Small Business Regulatory Advisory Council to
  140  do so.
  141         c.The independent entity used to conduct the analysis may
  142  be the Legislature or a third party. However, the agency
  143  proposing the rule may not conduct its own economic analysis and
  144  an agency may not conduct an analysis for any other agency. The
  145  completed analysis must be certified as valid by the Office of
  146  Economic and Demographic Research.
  147         d.If the independent analysis shows that the rule would
  148  adversely affect small businesses or increase the regulatory
  149  costs of small businesses, the agency shall request the
  150  independent entity to further analyze whether the rule as
  151  adopted, amended, or repealed, would:
  152         (I)Result in the net creation of new private-sector jobs;
  153  and
  154         (II)Reduce the state’s unemployment rate.
  155         e.If an agency cannot demonstrate that the rule as
  156  adopted, amended, or repealed would result in the net creation
  157  of new private-sector jobs and reduce the state’s unemployment
  158  rate, the rule may not take effect until the rule is submitted
  159  to and ratified by the Legislature.
  160         f.Rules subject to ratification by the Legislature must be
  161  accompanied by a report from the agency which explains why the
  162  rule does not result in the creation of new private-sector jobs
  163  or reduces the state’s unemployment rate.
  164         g.A proposed rule is not subject to this subparagraph if
  165  the proposed rule is initiated by an agency pursuant to its
  166  emergency rulemaking powers.
  167         Section 2. This act shall take effect July 1, 2010.

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