Florida Senate - 2010 SB 2306
By Senator Altman
1 A bill to be entitled
2 An act relating to rulemaking; creating s. 120.82,
3 F.S.; providing rulemaking exceptions and special
4 requirements for small businesses; defining the term
5 “small business”; requiring state agencies to provide
6 notification of any proposed agency action or
7 implementation of any agency action affecting small
8 businesses; providing notification requirements;
9 providing for small-business owners to petition a
10 state agency for a hearing under certain conditions;
11 requiring state agencies to expedite such petitions;
12 providing for the submission of certain evidence by
13 small-business owners; requiring administrative
14 hearing officers to consider certain information when
15 making determinations; providing dispute remedies and
16 relief; providing an effective date.
18 Be It Enacted by the Legislature of the State of Florida:
20 Section 1. Section 120.82, Florida Statutes, is created to
22 120.82 Exceptions and special requirements; small
23 businesses.—Notwithstanding any other provision of law:
24 (1) As used in this section, the term “small business”
25 means a company with no more than 100 employees.
26 (2)(a) Each state agency must publish any proposed agency
27 action or implementation of any agency action that affects small
28 businesses in the Florida Administrative Weekly. Such action
29 must also be prominently posted on the homepage of the agency’s
30 website and must include information regarding a small-business
31 owner’s right to appeal such action without legal representation
32 and instructions for the fair-hearing process.
33 (b) A small-business owner may petition the state agency
34 for a hearing if the proposed agency action or implementation of
35 the agency action significantly alters, affects, or interferes
36 with the ability of the small business to compete or continue
37 operations without a substantial change to employment or
39 (c) Any petition filed pursuant to this subsection must be
40 processed in an expeditious manner.
41 (3)(a) During hearing proceedings, a small-business owner
42 may submit sworn testimony from employees, customers,
43 consultants, business owners, and small-business advocates
44 documenting the economic impact of a state agency decision,
45 rule, or policy on the small business. Such testimony must be
46 accepted as prima facie evidence by an administrative hearing
48 (b) A small-business owner may submit evidence after the
49 hearing if such evidence or testimony supports the basis for an
50 economic hardship or documents how the small business is
51 affected by a loss of income, loss of employment, or loss of
52 market share.
53 (4)(a) In making a determination, the administrative
54 hearing officer must consider the impact of the imposition of an
55 agency action, policy, or rule on the ability of the small
56 business to continue operations, avoid layoffs, and otherwise
57 continue operations.
58 (b) An administrative hearing officer may:
59 1. Require the parties to enter into a mediated agreement
60 or agree to certain stipulations as a means to resolving the
62 2. Grant relief that includes, but is not limited to:
63 a. Waiver of the rule that is cited as a cause of economic
64 hardship or that creates an undue burden upon the small business
65 to operate in a competitive manner.
66 b. Modification of the rule in order to eliminate or reduce
67 the economic hardship for the small business so long as such
68 modification does not reduce public safety.
69 c. Referral of the rule, policy, or decision to the
70 Administrative Procedures Committee and the Small Business
71 Regulatory Advisory Council for review and comment.
72 Section 2. This act shall take effect July 1, 2010.