October 26, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       Florida Senate - 2010                      CS for CS for SB 1844
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Commerce; and Senators Bennett, Lynn, and Crist
       
       
       
       585-05341-10                                          20101844c2
    1                        A bill to be entitled                      
    2         An act relating to rulemaking; amending s. 120.54,
    3         F.S.; requiring each agency, before adopting,
    4         amending, or repealing certain rules, to prepare a
    5         statement of estimated regulatory costs of the
    6         proposed rule if the proposed rule has an adverse
    7         effect on small business or increases regulatory costs
    8         in excess of a specified amount; providing that an
    9         emergency rule may be extended while awaiting
   10         legislative ratification; amending s. 120.541, F.S.;
   11         requiring each agency, before adopting, amending, or
   12         repealing certain rules, to prepare a statement of
   13         estimated regulatory costs of the proposed rule;
   14         specifying the conditions under which a challenged
   15         rule may not be declared invalid; specifying the
   16         requirements of an economic analysis of proposed rules
   17         or rule changes; prohibiting a rule from taking effect
   18         until it is ratified by the Legislature; providing
   19         that the act is not applicable to certain specified
   20         rules; amending s. 120.56, F.S.; providing for revised
   21         statements of estimated regulatory costs as a basis
   22         for challenging a rule; amending s. 120.60, F.S.;
   23         authorizing an agency to provide by rule for the time
   24         period for submitting additional information needed
   25         for a license application; requiring that certain
   26         requests to receive notice relating to a license
   27         application be submitted in writing; providing an
   28         effective date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Paragraph (b) of subsection (3) and paragraph
   33  (c) of subsection (4) of section 120.54, Florida Statutes,
   34  amended to read:
   35         120.54 Rulemaking.—
   36         (3) ADOPTION PROCEDURES.—
   37         (b) Special matters to be considered in rule adoption.—
   38         1. Statement of estimated regulatory costs.—Prior to the
   39  adoption, amendment, or repeal of any rule other than an
   40  emergency rule, an agency is encouraged to prepare a statement
   41  of estimated regulatory costs of the proposed rule, as provided
   42  by s. 120.541. However, an agency must shall prepare a statement
   43  of estimated regulatory costs of the proposed rule, as provided
   44  by s. 120.541, if:
   45         a. The proposed rule will have an adverse impact on small
   46  business; or
   47         b.The proposed rule is likely to directly or indirectly
   48  increase regulatory costs in excess of $200,000 in the aggregate
   49  in this state.
   50         2. Small businesses, small counties, and small cities.—
   51         a. Each agency, before the adoption, amendment, or repeal
   52  of a rule, shall consider the impact of the rule on small
   53  businesses as defined by s. 288.703 and the impact of the rule
   54  on small counties or small cities as defined by s. 120.52.
   55  Whenever practicable, an agency shall tier its rules to reduce
   56  disproportionate impacts on small businesses, small counties, or
   57  small cities to avoid regulating small businesses, small
   58  counties, or small cities that do not contribute significantly
   59  to the problem the rule is designed to address. An agency may
   60  define “small business” to include businesses employing more
   61  than 200 persons, may define “small county” to include those
   62  with populations of more than 75,000, and may define “small
   63  city” to include those with populations of more than 10,000, if
   64  it finds that such a definition is necessary to adapt a rule to
   65  the needs and problems of small businesses, small counties, or
   66  small cities. The agency shall consider each of the following
   67  methods for reducing the impact of the proposed rule on small
   68  businesses, small counties, and small cities, or any combination
   69  of these entities:
   70         (I) Establishing less stringent compliance or reporting
   71  requirements in the rule.
   72         (II) Establishing less stringent schedules or deadlines in
   73  the rule for compliance or reporting requirements.
   74         (III) Consolidating or simplifying the rule’s compliance or
   75  reporting requirements.
   76         (IV) Establishing performance standards or best management
   77  practices to replace design or operational standards in the
   78  rule.
   79         (V) Exempting small businesses, small counties, or small
   80  cities from any or all requirements of the rule.
   81         b.(I) If the agency determines that the proposed action
   82  will affect small businesses as defined by the agency as
   83  provided in sub-subparagraph a., the agency shall send written
   84  notice of the rule to the Small Business Regulatory Advisory
   85  Council and the Office of Tourism, Trade, and Economic
   86  Development not less than 28 days prior to the intended action.
   87         (II) Each agency shall adopt those regulatory alternatives
   88  offered by the Small Business Regulatory Advisory Council and
   89  provided to the agency no later than 21 days after the council’s
   90  receipt of the written notice of the rule which it finds are
   91  feasible and consistent with the stated objectives of the
   92  proposed rule and which would reduce the impact on small
   93  businesses. When regulatory alternatives are offered by the
   94  Small Business Regulatory Advisory Council, the 90-day period
   95  for filing the rule in subparagraph (e)2. is extended for a
   96  period of 21 days.
   97         (III) If an agency does not adopt all alternatives offered
   98  pursuant to this sub-subparagraph, it shall, prior to rule
   99  adoption or amendment and pursuant to subparagraph (d)1., file a
  100  detailed written statement with the committee explaining the
  101  reasons for failure to adopt such alternatives. Within 3 working
  102  days of the filing of such notice, the agency shall send a copy
  103  of such notice to the Small Business Regulatory Advisory
  104  Council. The Small Business Regulatory Advisory Council may make
  105  a request of the President of the Senate and the Speaker of the
  106  House of Representatives that the presiding officers direct the
  107  Office of Program Policy Analysis and Government Accountability
  108  to determine whether the rejected alternatives reduce the impact
  109  on small business while meeting the stated objectives of the
  110  proposed rule. Within 60 days after the date of the directive
  111  from the presiding officers, the Office of Program Policy
  112  Analysis and Government Accountability shall report to the
  113  Administrative Procedures Committee its findings as to whether
  114  an alternative reduces the impact on small business while
  115  meeting the stated objectives of the proposed rule. The Office
  116  of Program Policy Analysis and Government Accountability shall
  117  consider the proposed rule, the economic impact statement, the
  118  written statement of the agency, the proposed alternatives, and
  119  any comment submitted during the comment period on the proposed
  120  rule. The Office of Program Policy Analysis and Government
  121  Accountability shall submit a report of its findings and
  122  recommendations to the Governor, the President of the Senate,
  123  and the Speaker of the House of Representatives. The
  124  Administrative Procedures Committee shall report such findings
  125  to the agency, and the agency shall respond in writing to the
  126  Administrative Procedures Committee if the Office of Program
  127  Policy Analysis and Government Accountability found that the
  128  alternative reduced the impact on small business while meeting
  129  the stated objectives of the proposed rule. If the agency will
  130  not adopt the alternative, it must also provide a detailed
  131  written statement to the committee as to why it will not adopt
  132  the alternative.
  133         (4) EMERGENCY RULES.—
  134         (c) An emergency rule adopted under this subsection shall
  135  not be effective for a period longer than 90 days and shall not
  136  be renewable, except when the agency has initiated rulemaking to
  137  adopt rules addressing the subject of the emergency rule and
  138  either: during the pendency of
  139         1. A challenge to the proposed rules has been filed and
  140  remains pending; or
  141         2.The proposed rules are awaiting ratification by the
  142  Legislature pursuant to s. 120.541(3) addressing the subject of
  143  the emergency rule.
  144  
  145  Nothing in this paragraph prohibits the agency from adopting a
  146  rule or rules identical to the emergency rule through However,
  147  the agency may take identical action by the rulemaking
  148  procedures specified in subsection (3) this chapter.
  149         Section 2. Section 120.541, Florida Statutes, is amended to
  150  read:
  151         120.541 Statement of estimated regulatory costs.—
  152         (1)(a) A substantially affected person, Within 21 days
  153  after publication of the notice required provided under s.
  154  120.54(3)(a), a substantially affected person may submit to an
  155  agency a good faith written proposal for a lower cost regulatory
  156  alternative to a proposed rule which substantially accomplishes
  157  the objectives of the law being implemented. The proposal may
  158  include the alternative of not adopting any rule if, so long as
  159  the proposal explains how the lower costs and objectives of the
  160  law will be achieved by not adopting any rule. If such a
  161  proposal is submitted, the 90-day period for filing the rule is
  162  extended 21 days.
  163         (b) Upon the submission of the lower cost regulatory
  164  alternative, the agency shall prepare a statement of estimated
  165  regulatory costs as provided in subsection (2), or shall revise
  166  its prior statement of estimated regulatory costs, and either
  167  adopt the alternative or provide give a statement of the reasons
  168  for rejecting the alternative in favor of the proposed rule. The
  169  failure of the agency to prepare or revise the statement of
  170  estimated regulatory costs as provided in this paragraph is a
  171  material failure to follow the applicable rulemaking procedures
  172  or requirements set forth in this chapter. An agency required to
  173  prepare or revise a statement of estimated regulatory costs as
  174  provided in this paragraph shall make it available to the person
  175  who submits the lower cost regulatory alternative and to the
  176  public prior to filing the rule for adoption.
  177         (b)If a proposed rule will have an adverse impact on small
  178  business or if the proposed rule is likely to directly or
  179  indirectly increase regulatory costs in excess of $200,000 in
  180  the aggregate, the agency shall prepare a statement of estimated
  181  regulatory costs as required by s. 120.54(3)(b).
  182         (c)The agency shall revise a statement of estimated
  183  regulatory costs if any change to the rule made under s.
  184  120.54(3)(d) increases the regulatory costs of the rule.
  185         (d)At least 45 days before filing the rule for adoption,
  186  an agency that is required to revise a statement of estimated
  187  regulatory costs shall provide the statement to the person who
  188  submitted the lower cost regulatory alternative and to the
  189  committee, and provide notice on the agency’s website that it is
  190  available to the public.
  191         (e)The failure of the agency to prepare or revise the
  192  statement of estimated regulatory costs as provided in this
  193  section is a material failure to follow the applicable
  194  rulemaking procedures or requirements set forth in this chapter.
  195         (f)(c)A rule that is challenged as an invalid exercise of
  196  delegated legislative authority pursuant to s. 120.52(8)(a)
  197  because of the failure to prepare or revise the No rule shall be
  198  declared invalid because it imposes regulatory costs on the
  199  regulated person, county, or city which could be reduced by the
  200  adoption of less costly alternatives that substantially
  201  accomplish the statutory objectives, and no rule shall be
  202  declared invalid based upon a challenge to the agency’s
  203  statement of estimated regulatory costs may not be declared
  204  invalid, unless:
  205         1. The issue is raised in an administrative proceeding
  206  within 1 year after the effective date of the rule; and
  207         2. The agency’s failure to prepare or revise the statement
  208  of estimated regulatory costs materially affects the substantial
  209  interests of the person challenging the rule. The substantial
  210  interests of the person challenging the agency’s rejection of,
  211  or failure to consider, the lower cost regulatory alternative
  212  are materially affected by the rejection; and
  213         3.a.The agency has failed to prepare or revise the
  214  statement of estimated regulatory costs as required by paragraph
  215  (b); or
  216         b.The challenge is to the agency’s rejection under
  217  paragraph (b) of a lower cost regulatory alternative submitted
  218  under paragraph (a).
  219         (g)A rule that is challenged as an invalid exercise of
  220  delegated legislative authority pursuant to s. 120.52(8)(f) may
  221  not be declared invalid unless:
  222         1.The issue is raised in an administrative proceeding
  223  within 1 year after the effective date of the rule;
  224         2.The challenge is to the agency’s rejection of a lower
  225  cost regulatory alternative offered under paragraph (a) or s.
  226  120.54(3)(b)2.b.; and
  227         3.The substantial interests of the person challenging the
  228  rule are materially affected by the rejection.
  229         (2) A statement of estimated regulatory costs shall
  230  include:
  231         (a) An economic analysis showing whether the rule directly
  232  or indirectly:
  233         1.Is likely to have an adverse impact on economic growth,
  234  private-sector job creation or employment, or private-sector
  235  investment in excess of $1 million in the aggregate;
  236         2.Is likely to have an adverse impact on business
  237  competitiveness, including the ability of persons doing business
  238  in Florida to compete with persons doing business in other
  239  states or domestic markets, productivity, or innovation in
  240  excess of $1 million in the aggregate; or
  241         3.Is likely to increase regulatory costs, including any
  242  transactional costs, in excess of $1 million in the aggregate.
  243         (b) A good faith estimate of the number of individuals and
  244  entities likely to be required to comply with the rule, together
  245  with a general description of the types of individuals likely to
  246  be affected by the rule.
  247         (c)(b) A good faith estimate of the cost to the agency, and
  248  to any other state and local government entities, of
  249  implementing and enforcing the proposed rule, and any
  250  anticipated effect on state or local revenues.
  251         (d)(c) A good faith estimate of the transactional costs
  252  likely to be incurred by individuals and entities, including
  253  local government entities, required to comply with the
  254  requirements of the rule. As used in this section paragraph,
  255  “transactional costs” are direct costs that are readily
  256  ascertainable based upon standard business practices, and
  257  include filing fees, the cost of obtaining a license, the cost
  258  of equipment required to be installed or used or procedures
  259  required to be employed in complying with the rule, additional
  260  operating costs incurred, and the cost of monitoring and
  261  reporting, and any other costs necessary to comply with the
  262  rule.
  263         (e)(d) An analysis of the impact on small businesses as
  264  defined by s. 288.703, and an analysis of the impact on small
  265  counties and small cities as defined in by s. 120.52. The impact
  266  analysis for small businesses must include the basis for the
  267  agency’s decision not to implement alternatives that would
  268  reduce adverse impacts on small businesses.
  269         (f)(e) Any additional information that the agency
  270  determines may be useful.
  271         (g)(f) In the statement or revised statement, whichever
  272  applies, a description of any regulatory alternatives good faith
  273  written proposal submitted under paragraph (1)(a) and either a
  274  statement adopting the alternative or a statement of the reasons
  275  for rejecting the alternative in favor of the proposed rule.
  276         (3)If the adverse impact or regulatory costs of the rule
  277  exceed any of the criteria established in paragraph (2)(a), the
  278  rule shall be submitted to the President of the Senate and
  279  Speaker of the House of Representatives no later than 30 days
  280  before the next regular legislative session, and the rule may
  281  not take effect until it is ratified by the Legislature.
  282         (4)Paragraph (2)(a) does not apply to the adoption of
  283  emergency rules pursuant to s. 120.54(4) or the adoption of
  284  federal standards pursuant to s. 120.54(6).
  285         Section 3. Paragraph (a) of subsection (2) and paragraph
  286  (d) of subsection (4) of section 120.56, Florida Statutes, is
  287  amended to read:
  288         120.56 Challenges to rules.—
  289         (2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.—
  290         (a) A Any substantially affected person may seek an
  291  administrative determination of the invalidity of a any proposed
  292  rule by filing a petition seeking such a determination with the
  293  division within 21 days after the date of publication of the
  294  notice required by s. 120.54(3)(a);, within 10 days after the
  295  final public hearing is held on the proposed rule as provided by
  296  s. 120.54(3)(e)2.;, within 44 20 days after the statement of
  297  estimated regulatory costs or revised statement of estimated
  298  regulatory costs, if applicable, has been prepared and made
  299  available as provided in s. 120.541(1)(d); required pursuant to
  300  s. 120.541, if applicable, has been provided to all persons who
  301  submitted a lower cost regulatory alternative and made available
  302  to the public, or within 20 days after the date of publication
  303  of the notice required by s. 120.54(3)(d). The petition must
  304  shall state with particularity the objections to the proposed
  305  rule and the reasons that the proposed rule is an invalid
  306  exercise of delegated legislative authority. The petitioner has
  307  the burden of going forward. The agency then has the burden to
  308  prove by a preponderance of the evidence that the proposed rule
  309  is not an invalid exercise of delegated legislative authority as
  310  to the objections raised. A Any person who is substantially
  311  affected by a change in the proposed rule may seek a
  312  determination of the validity of such change. A Any person not
  313  substantially affected by the proposed rule as initially
  314  noticed, but who is substantially affected by the rule as a
  315  result of a change, may challenge any provision of the rule and
  316  is not limited to challenging the change to the proposed rule.
  317         (4) CHALLENGING AGENCY STATEMENTS DEFINED AS RULES; SPECIAL
  318  PROVISIONS.—
  319         (d) If an administrative law judge enters a final order
  320  that all or part of an agency statement violates s.
  321  120.54(1)(a), the agency shall immediately discontinue all
  322  reliance upon the statement or any substantially similar
  323  statement as a basis for agency action. This paragraph shall not
  324  be construed to impair the obligation of contracts existing at
  325  the time the final order is entered.
  326         Section 4. Subsections (1) and (3) of section 120.60,
  327  Florida Statutes, are amended to read:
  328         120.60 Licensing.—
  329         (1) Upon receipt of an application for a license
  330  application, an agency shall examine the application and, within
  331  30 days after such receipt, notify the applicant of any apparent
  332  errors or omissions and request any additional information the
  333  agency is permitted by law to require. An agency may shall not
  334  deny a license for failure to correct an error or omission or to
  335  supply additional information unless the agency timely notified
  336  the applicant within this 30-day period. The agency may
  337  establish by rule the time period for submitting any additional
  338  information requested by the agency. For good cause shown, the
  339  agency shall grant a request for an extension of time for
  340  submitting the additional information. If the applicant believes
  341  the agency’s request for additional information is not
  342  authorized by law or rule, the agency, at the applicant’s
  343  request, shall proceed to process the application. An
  344  application is shall be considered complete upon receipt of all
  345  requested information and correction of any error or omission
  346  for which the applicant was timely notified or when the time for
  347  such notification has expired. An Every application for a
  348  license must shall be approved or denied within 90 days after
  349  receipt of a completed application unless a shorter period of
  350  time for agency action is provided by law. The 90-day time
  351  period is shall be tolled by the initiation of a proceeding
  352  under ss. 120.569 and 120.57. Any application for a license
  353  which that is not approved or denied within the 90-day or
  354  shorter time period, within 15 days after conclusion of a public
  355  hearing held on the application, or within 45 days after a
  356  recommended order is submitted to the agency and the parties,
  357  whichever action and timeframe is latest and applicable, is
  358  considered approved unless the recommended order recommends that
  359  the agency deny the license. Subject to the satisfactory
  360  completion of an examination if required as a prerequisite to
  361  licensure, any license that is considered approved shall be
  362  issued and may include such reasonable conditions as are
  363  authorized by law. Any applicant for licensure seeking to claim
  364  licensure by default under this subsection shall notify the
  365  agency clerk of the licensing agency, in writing, of the intent
  366  to rely upon the default license provision of this subsection,
  367  and shall not take any action based upon the default license
  368  until after receipt of such notice by the agency clerk.
  369         (3) Each applicant shall be given written notice, either
  370  personally or by mail that the agency intends to grant or deny,
  371  or has granted or denied, the application for license. The
  372  notice must state with particularity the grounds or basis for
  373  the issuance or denial of the license, except when issuance is a
  374  ministerial act. Unless waived, a copy of the notice shall be
  375  delivered or mailed to each party’s attorney of record and to
  376  each person who has made a written request for requested notice
  377  of agency action. Each notice must shall inform the recipient of
  378  the basis for the agency decision, shall inform the recipient of
  379  any administrative hearing pursuant to ss. 120.569 and 120.57 or
  380  judicial review pursuant to s. 120.68 which may be available,
  381  shall indicate the procedure that which must be followed, and
  382  shall state the applicable time limits. The issuing agency shall
  383  certify the date the notice was mailed or delivered, and the
  384  notice and the certification must shall be filed with the agency
  385  clerk.
  386         Section 5. This act shall take effect upon becoming a law.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader