1 | A bill to be entitled |
2 | An act relating to rulemaking; amending s. 120.54, F.S.; |
3 | requiring that an agency include in its notice of intended |
4 | rulemaking a statement as to whether the proposed rule is |
5 | expected to require legislative ratification; clarifying |
6 | that a statement of estimated regulatory costs is not |
7 | required for emergency rulemaking; providing for |
8 | modification or withdrawal of an adopted rule that is not |
9 | ratified by the Legislature; clarifying that certain |
10 | proposed rules are effective only when ratified by the |
11 | Legislature; amending s. 120.541, F.S.; reducing the time |
12 | before an agency files a rule for adoption when the agency |
13 | must notify the person who submitted a lower cost |
14 | alternative and the Administrative Procedures Committee; |
15 | exempting rules adopting certain federal standards, |
16 | triennial updates to the Florida Building Code, and |
17 | triennial updates to the Florida Fire Prevention Code from |
18 | required legislative ratification; deleting an exemption |
19 | for rules that adopt federal standards from a requirement |
20 | that an agency's statement of a rule's estimated |
21 | regulatory costs include an economic analysis of the |
22 | rule's adverse impacts and regulatory costs; exempting |
23 | emergency rulemaking from application of the section; |
24 | creating s. 120.547, F.S.; providing legislative findings |
25 | and definitions; providing for the review of rulemaking |
26 | and the summary repeal of rules by statewide elected |
27 | executive officers, the Governor and Cabinet, and the |
28 | State Board of Administration within the first 6 months of |
29 | an elective term; specifying agencies and rules subject to |
30 | summary repeal; providing procedures for notice of the |
31 | repeal; providing for objection to the repeal; providing |
32 | nonapplicability of other provisions of law to the summary |
33 | repeal process; providing requirements for judicial review |
34 | of the repeal; providing for exclusive and nondelegable |
35 | authority; amending s. 120.56, F.S.; reducing the time in |
36 | which a substantially affected person may seek an |
37 | administrative determination of the invalidity of a rule |
38 | after the statement or revised statement of estimated |
39 | regulatory costs is available; providing an effective |
40 | date. |
41 |
|
42 | Be It Enacted by the Legislature of the State of Florida: |
43 |
|
44 | Section 1. Paragraphs (a), (b), (d), and (e) of subsection |
45 | (3) of section 120.54, Florida Statutes, as amended by chapter |
46 | 2010-279, Laws of Florida, are amended to read: |
47 | 120.54 Rulemaking.- |
48 | (3) ADOPTION PROCEDURES.- |
49 | (a) Notices.- |
50 | 1. Prior to the adoption, amendment, or repeal of any rule |
51 | other than an emergency rule, an agency, upon approval of the |
52 | agency head, shall give notice of its intended action, setting |
53 | forth a short, plain explanation of the purpose and effect of |
54 | the proposed action; the full text of the proposed rule or |
55 | amendment and a summary thereof; a reference to the grant of |
56 | rulemaking authority pursuant to which the rule is adopted; and |
57 | a reference to the section or subsection of the Florida Statutes |
58 | or the Laws of Florida being implemented or interpreted. The |
59 | notice must include a summary of the agency's statement of the |
60 | estimated regulatory costs, if one has been prepared, based on |
61 | the factors set forth in s. 120.541(2);, and a statement that |
62 | any person who wishes to provide the agency with information |
63 | regarding the statement of estimated regulatory costs, or to |
64 | provide a proposal for a lower cost regulatory alternative as |
65 | provided by s. 120.541(1), must do so in writing within 21 days |
66 | after publication of the notice; and a statement as to whether, |
67 | based on the statement of estimated regulatory costs, the |
68 | proposed rule is expected to require legislative ratification |
69 | pursuant to s. 120.541(3). The notice must state the procedure |
70 | for requesting a public hearing on the proposed rule. Except |
71 | when the intended action is the repeal of a rule, the notice |
72 | must include a reference both to the date on which and to the |
73 | place where the notice of rule development that is required by |
74 | subsection (2) appeared. |
75 | 2. The notice shall be published in the Florida |
76 | Administrative Weekly not less than 28 days prior to the |
77 | intended action. The proposed rule shall be available for |
78 | inspection and copying by the public at the time of the |
79 | publication of notice. |
80 | 3. The notice shall be mailed to all persons named in the |
81 | proposed rule and to all persons who, at least 14 days prior to |
82 | such mailing, have made requests of the agency for advance |
83 | notice of its proceedings. The agency shall also give such |
84 | notice as is prescribed by rule to those particular classes of |
85 | persons to whom the intended action is directed. |
86 | 4. The adopting agency shall file with the committee, at |
87 | least 21 days prior to the proposed adoption date, a copy of |
88 | each rule it proposes to adopt; a copy of any material |
89 | incorporated by reference in the rule; a detailed written |
90 | statement of the facts and circumstances justifying the proposed |
91 | rule; a copy of any statement of estimated regulatory costs that |
92 | has been prepared pursuant to s. 120.541; a statement of the |
93 | extent to which the proposed rule relates to federal standards |
94 | or rules on the same subject; and the notice required by |
95 | subparagraph 1. |
96 | (b) Special matters to be considered in rule adoption.- |
97 | 1. Statement of estimated regulatory costs.-Prior to the |
98 | adoption, amendment, or repeal of any rule other than an |
99 | emergency rule, an agency is encouraged to prepare a statement |
100 | of estimated regulatory costs of the proposed rule, as provided |
101 | by s. 120.541. However, an agency must prepare a statement of |
102 | estimated regulatory costs of the proposed rule, as provided by |
103 | s. 120.541, if: |
104 | a. The proposed rule will have an adverse impact on small |
105 | business; or |
106 | b. The proposed rule is likely to directly or indirectly |
107 | increase regulatory costs in excess of $200,000 in the aggregate |
108 | in this state within 1 year after the implementation of the |
109 | rule. |
110 | 2. Small businesses, small counties, and small cities.- |
111 | a. Each agency, before the adoption, amendment, or repeal |
112 | of a rule, shall consider the impact of the rule on small |
113 | businesses as defined by s. 288.703 and the impact of the rule |
114 | on small counties or small cities as defined by s. 120.52. |
115 | Whenever practicable, an agency shall tier its rules to reduce |
116 | disproportionate impacts on small businesses, small counties, or |
117 | small cities to avoid regulating small businesses, small |
118 | counties, or small cities that do not contribute significantly |
119 | to the problem the rule is designed to address. An agency may |
120 | define "small business" to include businesses employing more |
121 | than 200 persons, may define "small county" to include those |
122 | with populations of more than 75,000, and may define "small |
123 | city" to include those with populations of more than 10,000, if |
124 | it finds that such a definition is necessary to adapt a rule to |
125 | the needs and problems of small businesses, small counties, or |
126 | small cities. The agency shall consider each of the following |
127 | methods for reducing the impact of the proposed rule on small |
128 | businesses, small counties, and small cities, or any combination |
129 | of these entities: |
130 | (I) Establishing less stringent compliance or reporting |
131 | requirements in the rule. |
132 | (II) Establishing less stringent schedules or deadlines in |
133 | the rule for compliance or reporting requirements. |
134 | (III) Consolidating or simplifying the rule's compliance |
135 | or reporting requirements. |
136 | (IV) Establishing performance standards or best management |
137 | practices to replace design or operational standards in the |
138 | rule. |
139 | (V) Exempting small businesses, small counties, or small |
140 | cities from any or all requirements of the rule. |
141 | b.(I) If the agency determines that the proposed action |
142 | will affect small businesses as defined by the agency as |
143 | provided in sub-subparagraph a., the agency shall send written |
144 | notice of the rule to the Small Business Regulatory Advisory |
145 | Council and the Office of Tourism, Trade, and Economic |
146 | Development not less than 28 days prior to the intended action. |
147 | (II) Each agency shall adopt those regulatory alternatives |
148 | offered by the Small Business Regulatory Advisory Council and |
149 | provided to the agency no later than 21 days after the council's |
150 | receipt of the written notice of the rule which it finds are |
151 | feasible and consistent with the stated objectives of the |
152 | proposed rule and which would reduce the impact on small |
153 | businesses. When regulatory alternatives are offered by the |
154 | Small Business Regulatory Advisory Council, the 90-day period |
155 | for filing the rule in subparagraph (e)2. is extended for a |
156 | period of 21 days. |
157 | (III) If an agency does not adopt all alternatives offered |
158 | pursuant to this sub-subparagraph, it shall, prior to rule |
159 | adoption or amendment and pursuant to subparagraph (d)1., file a |
160 | detailed written statement with the committee explaining the |
161 | reasons for failure to adopt such alternatives. Within 3 working |
162 | days of the filing of such notice, the agency shall send a copy |
163 | of such notice to the Small Business Regulatory Advisory |
164 | Council. The Small Business Regulatory Advisory Council may make |
165 | a request of the President of the Senate and the Speaker of the |
166 | House of Representatives that the presiding officers direct the |
167 | Office of Program Policy Analysis and Government Accountability |
168 | to determine whether the rejected alternatives reduce the impact |
169 | on small business while meeting the stated objectives of the |
170 | proposed rule. Within 60 days after the date of the directive |
171 | from the presiding officers, the Office of Program Policy |
172 | Analysis and Government Accountability shall report to the |
173 | Administrative Procedures Committee its findings as to whether |
174 | an alternative reduces the impact on small business while |
175 | meeting the stated objectives of the proposed rule. The Office |
176 | of Program Policy Analysis and Government Accountability shall |
177 | consider the proposed rule, the economic impact statement, the |
178 | written statement of the agency, the proposed alternatives, and |
179 | any comment submitted during the comment period on the proposed |
180 | rule. The Office of Program Policy Analysis and Government |
181 | Accountability shall submit a report of its findings and |
182 | recommendations to the Governor, the President of the Senate, |
183 | and the Speaker of the House of Representatives. The |
184 | Administrative Procedures Committee shall report such findings |
185 | to the agency, and the agency shall respond in writing to the |
186 | Administrative Procedures Committee if the Office of Program |
187 | Policy Analysis and Government Accountability found that the |
188 | alternative reduced the impact on small business while meeting |
189 | the stated objectives of the proposed rule. If the agency will |
190 | not adopt the alternative, it must also provide a detailed |
191 | written statement to the committee as to why it will not adopt |
192 | the alternative. |
193 | 3. This paragraph does not apply to the adoption of |
194 | emergency rules pursuant to subsection (4). |
195 | (d) Modification or withdrawal of proposed rules.- |
196 | 1. After the final public hearing on the proposed rule, or |
197 | after the time for requesting a hearing has expired, if the rule |
198 | has not been changed from the rule as previously filed with the |
199 | committee, or contains only technical changes, the adopting |
200 | agency shall file a notice to that effect with the committee at |
201 | least 7 days prior to filing the rule for adoption. Any change, |
202 | other than a technical change that does not affect the substance |
203 | of the rule, must be supported by the record of public hearings |
204 | held on the rule, must be in response to written material |
205 | submitted to the agency within 21 days after the date of |
206 | publication of the notice of intended agency action or submitted |
207 | to the agency between the date of publication of the notice and |
208 | the end of the final public hearing, or must be in response to a |
209 | proposed objection by the committee. In addition, when any |
210 | change is made in a proposed rule, other than a technical |
211 | change, the adopting agency shall provide a copy of a notice of |
212 | change by certified mail or actual delivery to any person who |
213 | requests it in writing no later than 21 days after the notice |
214 | required in paragraph (a). The agency shall file the notice of |
215 | change with the committee, along with the reasons for the |
216 | change, and provide the notice of change to persons requesting |
217 | it, at least 21 days prior to filing the rule for adoption. The |
218 | notice of change shall be published in the Florida |
219 | Administrative Weekly at least 21 days prior to filing the rule |
220 | for adoption. This subparagraph does not apply to emergency |
221 | rules adopted pursuant to subsection (4). |
222 | 2. After the notice required by paragraph (a) and prior to |
223 | adoption, the agency may withdraw the rule in whole or in part. |
224 | 3. After adoption and before the rule becomes effective |
225 | date, a rule may be modified or withdrawn only in the following |
226 | circumstances: |
227 | a. When the committee objects to the rule; |
228 | b. When a final order, not subject to further appeal, is |
229 | entered in a rule challenge brought pursuant to s. 120.56 after |
230 | the date of adoption but before the rule becomes effective |
231 | pursuant to subparagraph (e)6.; |
232 | c. When the rule requires ratification and more than 90 |
233 | days have passed since the rule was filed for adoption without |
234 | the Legislature ratifying the rule; or |
235 | d. response to an objection by the committee or may be |
236 | modified to extend the effective date by not more than 60 days |
237 | When the committee notifies has notified the agency that an |
238 | objection to the rule is being considered, in which case the |
239 | rule may be modified to extend the effective date by not more |
240 | than 60 days. |
241 | 4. The agency shall give notice of its decision to |
242 | withdraw or modify a rule in the first available issue of the |
243 | publication in which the original notice of rulemaking was |
244 | published, shall notify those persons described in subparagraph |
245 | (a)3. in accordance with the requirements of that subparagraph, |
246 | and shall notify the Department of State if the rule is required |
247 | to be filed with the Department of State. |
248 | 5. After a rule has become effective, it may be repealed |
249 | or amended only through the rulemaking procedures specified in |
250 | this chapter. |
251 | (e) Filing for final adoption; effective date.- |
252 | 1. If the adopting agency is required to publish its rules |
253 | in the Florida Administrative Code, the agency, upon approval of |
254 | the agency head, shall file with the Department of State three |
255 | certified copies of the rule it proposes to adopt; one copy of |
256 | any material incorporated by reference in the rule, certified by |
257 | the agency; a summary of the rule; a summary of any hearings |
258 | held on the rule; and a detailed written statement of the facts |
259 | and circumstances justifying the rule. Agencies not required to |
260 | publish their rules in the Florida Administrative Code shall |
261 | file one certified copy of the proposed rule, and the other |
262 | material required by this subparagraph, in the office of the |
263 | agency head, and such rules shall be open to the public. |
264 | 2. A rule may not be filed for adoption less than 28 days |
265 | or more than 90 days after the notice required by paragraph (a), |
266 | until 21 days after the notice of change required by paragraph |
267 | (d), until 14 days after the final public hearing, until 21 days |
268 | after a statement of estimated regulatory costs required under |
269 | s. 120.541 has been provided to all persons who submitted a |
270 | lower cost regulatory alternative and made available to the |
271 | public, or until the administrative law judge has rendered a |
272 | decision under s. 120.56(2), whichever applies. When a required |
273 | notice of change is published prior to the expiration of the |
274 | time to file the rule for adoption, the period during which a |
275 | rule must be filed for adoption is extended to 45 days after the |
276 | date of publication. If notice of a public hearing is published |
277 | prior to the expiration of the time to file the rule for |
278 | adoption, the period during which a rule must be filed for |
279 | adoption is extended to 45 days after adjournment of the final |
280 | hearing on the rule, 21 days after receipt of all material |
281 | authorized to be submitted at the hearing, or 21 days after |
282 | receipt of the transcript, if one is made, whichever is latest. |
283 | The term "public hearing" includes any public meeting held by |
284 | any agency at which the rule is considered. If a petition for an |
285 | administrative determination under s. 120.56(2) is filed, the |
286 | period during which a rule must be filed for adoption is |
287 | extended to 60 days after the administrative law judge files the |
288 | final order with the clerk or until 60 days after subsequent |
289 | judicial review is complete. |
290 | 3. At the time a rule is filed, the agency shall certify |
291 | that the time limitations prescribed by this paragraph have been |
292 | complied with, that all statutory rulemaking requirements have |
293 | been met, and that there is no administrative determination |
294 | pending on the rule. |
295 | 4. At the time a rule is filed, the committee shall |
296 | certify whether the agency has responded in writing to all |
297 | material and timely written comments or written inquiries made |
298 | on behalf of the committee. The department shall reject any rule |
299 | that is not filed within the prescribed time limits; that does |
300 | not comply with all statutory rulemaking requirements and rules |
301 | of the department; upon which an agency has not responded in |
302 | writing to all material and timely written inquiries or written |
303 | comments; upon which an administrative determination is pending; |
304 | or which does not include a statement of estimated regulatory |
305 | costs, if required. |
306 | 5. If a rule has not been adopted within the time limits |
307 | imposed by this paragraph or has not been adopted in compliance |
308 | with all statutory rulemaking requirements, the agency proposing |
309 | the rule shall withdraw the rule and give notice of its action |
310 | in the next available issue of the Florida Administrative |
311 | Weekly. |
312 | 6. The proposed rule shall be adopted on being filed with |
313 | the Department of State and become effective 20 days after being |
314 | filed, on a later date specified in the notice required by |
315 | subparagraph (a)1., or on a date required by statute, or upon |
316 | ratification by the Legislature pursuant to s. 120.541(3). Rules |
317 | not required to be filed with the Department of State shall |
318 | become effective when adopted by the agency head, or on a later |
319 | date specified by rule or statute, or upon ratification by the |
320 | Legislature pursuant to s. 120.541(3). If the committee notifies |
321 | an agency that an objection to a rule is being considered, the |
322 | agency may postpone the adoption of the rule to accommodate |
323 | review of the rule by the committee. When an agency postpones |
324 | adoption of a rule to accommodate review by the committee, the |
325 | 90-day period for filing the rule is tolled until the committee |
326 | notifies the agency that it has completed its review of the |
327 | rule. |
328 |
|
329 | For the purposes of this paragraph, the term "administrative |
330 | determination" does not include subsequent judicial review. |
331 | Section 2. Paragraph (d) of subsection (1) and subsection |
332 | (4) of section 120.541, Florida Statutes, as amended by chapter |
333 | 2010-279, Laws of Florida, are amended, and subsection (5) is |
334 | added to that section, to read: |
335 | 120.541 Statement of estimated regulatory costs.- |
336 | (1) |
337 | (d) At least 21 45 days before filing the rule for |
338 | adoption, an agency that is required to revise a statement of |
339 | estimated regulatory costs shall provide the statement to the |
340 | person who submitted the lower cost regulatory alternative and |
341 | to the committee and shall provide notice on the agency's |
342 | website that it is available to the public. |
343 | (3) If the adverse impact or regulatory costs of the rule |
344 | exceed any of the criteria established in paragraph (2)(a), the |
345 | rule shall be submitted to the President of the Senate and |
346 | Speaker of the House of Representatives no later than 30 days |
347 | prior to the next regular legislative session, and the rule may |
348 | not take effect until it is ratified by the Legislature. |
349 | (4) Subsection (3) Paragraph (2)(a) does not apply to the |
350 | adoption of: |
351 | (a) emergency rules pursuant to s. 120.54(4) or the |
352 | adoption of Federal standards pursuant to s. 120.54(6). |
353 | (b) Triennial updates to the Florida Building Code |
354 | pursuant to s. 553.73(7)(a). |
355 | (c) Triennial updates to the Florida Fire Prevention Code |
356 | pursuant to s. 633.0215(1). |
357 | (5) This section does not apply to the adoption of |
358 | emergency rules pursuant to s. 120.54(4). |
359 | Section 3. Section 120.547, Florida Statutes, is created |
360 | to read: |
361 | 120.547 Summary procedure for rule review and repeal |
362 | during inaugural period.- |
363 | (1) LEGISLATIVE FINDINGS.-The Legislature finds that newly |
364 | elected statewide executive officers should have full authority |
365 | to initiate oversight of all rulemaking of agencies under their |
366 | supervision or control. The Legislature further finds that the |
367 | formal process for repealing rules as required under s. |
368 | 120.54(3)(d)5. may unnecessarily delay efforts for statewide |
369 | elected executive officers to review and revise the programs and |
370 | policies within their respective individual or collective |
371 | jurisdiction at the commencement of their elective terms. |
372 | Accordingly, the Legislature finds a prudent, expedited process |
373 | providing for the review of rulemaking and the summary repeal of |
374 | existing rules within the beginning months of a statewide |
375 | executive officer's elective term may assist those officers in |
376 | the articulation and implementation of public policy. |
377 | (2) DEFINITIONS.-As used in this section, the term: |
378 | (a) "Inaugural period" means the time from the first date |
379 | of an elective term of the Governor, the Chief Financial |
380 | Officer, the Attorney General, or the Commissioner of |
381 | Agriculture, as provided in s. 5(a), Art. IV of the State |
382 | Constitution, through the last day of the month of the June |
383 | following the beginning of the term. |
384 | (b) "Repealing authority" means a statewide elected |
385 | executive officer, the Governor and Cabinet, or the State Board |
386 | of Administration exercising jurisdiction to repeal a rule. |
387 | (c) "Statewide elected executive officer" means the |
388 | Governor, the Chief Financial Officer, the Attorney General, or |
389 | the Commissioner of Agriculture. |
390 | (3) AGENCIES AND RULES AFFECTED.-Exclusively during the |
391 | inaugural period, each repealing authority is authorized to |
392 | direct the repeal of rules using the summary procedure provided |
393 | in this section with respect to rules of any agency under the |
394 | direct supervision of the repealing authority or under the |
395 | supervision of an agency head appointed by and serving at the |
396 | pleasure of the repealing authority. |
397 | (4) NOTICE OF REPEAL.-The repealing authority shall direct |
398 | the repeal of rules as follows: |
399 | (a) On or before March 1 during the inaugural period, or, |
400 | during the year 2011, within 30 days after the effective date of |
401 | this act, the repealing authority shall provide notice to the |
402 | public, on an Internet website, or to the Legislature, by a |
403 | letter to the President of the Senate, the Speaker of the House |
404 | of Representatives, and the committee, the Florida |
405 | Administrative Code citation of each rule under review for |
406 | possible repeal under this section. |
407 | (b) For each rule to be repealed under this section, the |
408 | repealing authority shall make a written finding containing the |
409 | following: |
410 | 1. The number and title of the rule to be repealed. |
411 | 2. The agency that adopted the rule. |
412 | 3. The conclusion that the law implemented by the rule |
413 | does not require the continued existence of the rule or any |
414 | modification thereof. |
415 | 4. The basis for repeal, which includes, but is not |
416 | limited to, the following: |
417 | a. The rule is obsolete or no longer necessary; |
418 | b. The substantive law that the rule implements or |
419 | interprets in compliance with s. 120.536(1) was amended or |
420 | repealed; or |
421 | c. The rule conflicts with programs or policies that the |
422 | repealing authority has implemented or intends to implement. |
423 | 5. The name, title, address, and e-mail address of the |
424 | person designated by the repealing authority to receive |
425 | inquiries, correspondence, objections, or notices in response to |
426 | the proposed repeal. |
427 | 6. The date on which the rule is repealed and is no longer |
428 | in force or effect. |
429 | (c) The adopting agency shall publish notice of the |
430 | written finding directing repeal of the rule on the agency's |
431 | Internet website, including in such notice the date of first |
432 | publication, and shall also publish the notice and written |
433 | finding, including the Internet website on which the notice was |
434 | first published, in the Florida Administrative Weekly that is |
435 | first available after the date the written finding is executed |
436 | by the repealing authority. |
437 | (d) Repeal of a rule under this section may be effective |
438 | no earlier than 15 days after the date the notice of repeal is |
439 | published on the agency's Internet website, but may not be |
440 | effective earlier than March 31 in the inaugural period. |
441 | (5) OBJECTION TO REPEAL.-A substantially affected person |
442 | may object to the repeal of a rule under this section. |
443 | (a) An objection may be made only on the basis that: |
444 | 1. The repealing authority failed to provide the notices |
445 | required under this section; |
446 | 2. The repealing authority made an erroneous conclusion of |
447 | law under subparagraph(4)(b)3.; or |
448 | 3. The repeal constitutes an invalid exercise of delegated |
449 | legislative authority. |
450 | (b) No later than 14 days after the date the notice of |
451 | repeal is published on the agency's Internet website, the person |
452 | must file with the individual designated in subparagraph |
453 | (4)(b)5. a written objection to repeal stating: |
454 | 1. The name, address, telephone number, and e-mail address |
455 | of the person opposing the repeal. |
456 | 2. A concise statement of the facts and law on which the |
457 | objection relies. |
458 | (c) Failure to file an objection in the time and manner |
459 | provided in this subsection constitutes a full and complete |
460 | waiver of the objection, an affirmative assent to the proposed |
461 | repeal, and a full and complete waiver of judicial review under |
462 | s. 120.68. |
463 | (d) If an objection is timely filed, the repeal is not |
464 | effective until the repealing authority overrules the objection |
465 | in writing and notice of that disposition is published in the |
466 | manner provided in paragraph (4)(c). |
467 | (6) NONAPPLICABLE SECTIONS.-Sections 120.54, 120.541, |
468 | 120.56, 120.569, 120.57, 120.573, 120.574, and 120.69 are not |
469 | applicable to the repeal of rules under this section. |
470 | (7) JUDICIAL REVIEW.-A substantially affected party whose |
471 | timely written objection to the proposed repeal is overruled by |
472 | the repealing authority may seek judicial review of that |
473 | decision under s. 120.68, as modified by the following: |
474 | (a) Notwithstanding any other statute, the First District |
475 | Court of Appeal has exclusive jurisdiction of any petition for |
476 | judicial review of the repeal of rules under this section. |
477 | (b) A petition for judicial review may be brought only |
478 | against the agency that adopted the rule and not against the |
479 | repealing authority. |
480 | (c) The record for review shall be comprised solely of the |
481 | written finding of repeal, the written objection, the written |
482 | disposition of the objection, and, if the objection raised the |
483 | failure to provide notices required under this section, the |
484 | record shall include a verified statement of the repealing |
485 | authority, if an individual elected officer, or of the Governor |
486 | with respect to any other repealing authority, setting forth the |
487 | facts relied upon in overruling the objection. |
488 | (8) NONDELEGABLE AUTHORITY.-The authority to determine and |
489 | direct the repeal of agency rules under this section, other than |
490 | the receipt of inquiries, correspondence, petitions, or notices |
491 | in response to a proposed repeal, shall be exercised exclusively |
492 | by the repealing authority having supervisory or appointive |
493 | authority with respect to the affected agency and may not be |
494 | delegated to any other person. |
495 | Section 4. Paragraph (a) of subsection (2) of section |
496 | 120.56, Florida Statutes, as amended by chapter 2010-279, Laws |
497 | of Florida, is amended to read: |
498 | 120.56 Challenges to rules.- |
499 | (2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.- |
500 | (a) A substantially affected person may seek an |
501 | administrative determination of the invalidity of a proposed |
502 | rule by filing a petition seeking such a determination with the |
503 | division within 21 days after the date of publication of the |
504 | notice required by s. 120.54(3)(a); within 10 days after the |
505 | final public hearing is held on the proposed rule as provided by |
506 | s. 120.54(3)(e)2.; within 20 44 days after the statement of |
507 | estimated regulatory costs or revised statement of estimated |
508 | regulatory costs, if applicable, has been prepared and made |
509 | available as provided in s. 120.541(1)(d); or within 20 days |
510 | after the date of publication of the notice required by s. |
511 | 120.54(3)(d). The petition must state with particularity the |
512 | objections to the proposed rule and the reasons that the |
513 | proposed rule is an invalid exercise of delegated legislative |
514 | authority. The petitioner has the burden of going forward. The |
515 | agency then has the burden to prove by a preponderance of the |
516 | evidence that the proposed rule is not an invalid exercise of |
517 | delegated legislative authority as to the objections raised. A |
518 | person who is substantially affected by a change in the proposed |
519 | rule may seek a determination of the validity of such change. A |
520 | person who is not substantially affected by the proposed rule as |
521 | initially noticed, but who is substantially affected by the rule |
522 | as a result of a change, may challenge any provision of the rule |
523 | and is not limited to challenging the change to the proposed |
524 | rule. |
525 | Section 5. This act shall take effect upon becoming a law. |