Florida Senate - 2012         (PROPOSED COMMITTEE BILL) SPB 7198
       
       
       
       FOR CONSIDERATION By the Committee on Governmental Oversight and
       Accountability
       
       
       
       585-01392B-12                                         20127198__
    1                        A bill to be entitled                      
    2         An act relating to state agencies; repealing s.
    3         110.123(13), F.S., relating to the Florida State
    4         Employee Wellness Council; repealing s. 258.155, F.S.,
    5         relating to the Judah P. Benjamin Memorial at Gamble
    6         Plantation Historical Site Advisory Council; repealing
    7         s. 288.7001, F.S., relating to the Small Business
    8         Regulatory Advisory Council; repealing s. 288.7002,
    9         F.S., relating to the Office of Small Business
   10         Advocate; repealing s. 339.64(5), F.S., relating to
   11         the Statewide Intermodal Transportation Advisory
   12         Council; repealing s. 381.90, F.S., relating to the
   13         Health Information Systems Council; repealing s.
   14         624.916, F.S., relating to the Developmental
   15         Disabilities Compact Workgroup; repealing s. 1004.63,
   16         F.S., relating to the Florida Institute for Nuclear
   17         Detection and Security; amending ss. 120.54 and
   18         120.745, F.S., relating to rule adoption by state
   19         agencies; requiring the rules ombudsman in the
   20         Executive Office of the Governor to assume certain
   21         duties formerly performed by the Small Business
   22         Regulatory Advisory Council; deleting provisions that
   23         require the Office of Program Policy Analysis and
   24         Government Accountability, upon request, to conduct a
   25         study and issue a report to the Governor, the
   26         President of the Senate, and the Speaker of the House
   27         of Representatives regarding the impact on small
   28         business of certain proposed agency rules that have
   29         been rejected; providing an effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Subsection (13) of section 110.123, Florida
   34  Statutes, is repealed.
   35         Section 2. Section 258.155, Florida Statutes, is repealed.
   36         Section 3. Section 288.7001, Florida Statutes, is repealed.
   37         Section 4. Section 288.7002, Florida Statutes, is repealed.
   38         Section 5. Subsection (5) of section 339.64, Florida
   39  Statutes, is repealed.
   40         Section 6. Section 381.90, Florida Statutes, is repealed.
   41         Section 7. Section 624.916, Florida Statutes, is repealed.
   42         Section 8. Section 1004.63, Florida Statutes, is repealed.
   43         Section 9. Paragraph (b) of subsection (3) of section
   44  120.54, Florida Statutes, is amended to read:
   45         120.54 Rulemaking.—
   46         (3) ADOPTION PROCEDURES.—
   47         (b) Special matters to be considered in rule adoption.—
   48         1. Statement of estimated regulatory costs.—Before the
   49  adoption, amendment, or repeal of any rule other than an
   50  emergency rule, an agency is encouraged to prepare a statement
   51  of estimated regulatory costs of the proposed rule, as provided
   52  by s. 120.541. However, an agency must prepare a statement of
   53  estimated regulatory costs of the proposed rule, as provided by
   54  s. 120.541, if:
   55         a. The proposed rule will have an adverse impact on small
   56  business; or
   57         b. The proposed rule is likely to directly or indirectly
   58  increase regulatory costs in excess of $200,000 in the aggregate
   59  in this state within 1 year after the implementation of the
   60  rule.
   61         2. Small businesses, small counties, and small cities.—
   62         a. Each agency, before the adoption, amendment, or repeal
   63  of a rule, shall consider the impact of the rule on small
   64  businesses as defined by s. 288.703 and the impact of the rule
   65  on small counties or small cities as defined by s. 120.52.
   66  Whenever practicable, an agency shall tier its rules to reduce
   67  disproportionate impacts on small businesses, small counties, or
   68  small cities to avoid regulating small businesses, small
   69  counties, or small cities that do not contribute significantly
   70  to the problem the rule is designed to address. An agency may
   71  define “small business” to include businesses employing more
   72  than 200 persons, may define “small county” to include those
   73  with populations of more than 75,000, and may define “small
   74  city” to include those with populations of more than 10,000, if
   75  it finds that such a definition is necessary to adapt a rule to
   76  the needs and problems of small businesses, small counties, or
   77  small cities. The agency shall consider each of the following
   78  methods for reducing the impact of the proposed rule on small
   79  businesses, small counties, and small cities, or any combination
   80  of these entities:
   81         (I) Establishing less stringent compliance or reporting
   82  requirements in the rule.
   83         (II) Establishing less stringent schedules or deadlines in
   84  the rule for compliance or reporting requirements.
   85         (III) Consolidating or simplifying the rule’s compliance or
   86  reporting requirements.
   87         (IV) Establishing performance standards or best management
   88  practices to replace design or operational standards in the
   89  rule.
   90         (V) Exempting small businesses, small counties, or small
   91  cities from any or all requirements of the rule.
   92         b.(I) If the agency determines that the proposed action
   93  will affect small businesses as defined by the agency as
   94  provided in sub-subparagraph a., the agency shall send written
   95  notice of the rule to the rules ombudsman in the Executive
   96  Office of the Governor Small Business Regulatory Advisory
   97  Council and the Department of Economic Opportunity at least 28
   98  days before the intended action.
   99         (II) Each agency shall adopt those regulatory alternatives
  100  offered by the rules ombudsman in the Executive Office of the
  101  Governor Small Business Regulatory Advisory Council and provided
  102  to the agency no later than 21 days after the council’s receipt
  103  of the written notice of the rule which it finds are feasible
  104  and consistent with the stated objectives of the proposed rule
  105  and which would reduce the impact on small businesses. When
  106  regulatory alternatives are offered by the rules ombudsman in
  107  the Executive Office of the Governor Small Business Regulatory
  108  Advisory Council, the 90-day period for filing the rule in
  109  subparagraph (e)2. is extended for a period of 21 days.
  110         (III) If an agency does not adopt all alternatives offered
  111  pursuant to this sub-subparagraph, it shall, before rule
  112  adoption or amendment and pursuant to subparagraph (d)1., file a
  113  detailed written statement with the committee explaining the
  114  reasons for failure to adopt such alternatives. Within 3 working
  115  days after the filing of such notice, the agency shall send a
  116  copy of such notice to the rules ombudsman in the Executive
  117  Office of the Governor Small Business Regulatory Advisory
  118  Council. The Small Business Regulatory Advisory Council may make
  119  a request of the President of the Senate and the Speaker of the
  120  House of Representatives that the presiding officers direct the
  121  Office of Program Policy Analysis and Government Accountability
  122  to determine whether the rejected alternatives reduce the impact
  123  on small business while meeting the stated objectives of the
  124  proposed rule. Within 60 days after the date of the directive
  125  from the presiding officers, the Office of Program Policy
  126  Analysis and Government Accountability shall report to the
  127  Administrative Procedures Committee its findings as to whether
  128  an alternative reduces the impact on small business while
  129  meeting the stated objectives of the proposed rule. The Office
  130  of Program Policy Analysis and Government Accountability shall
  131  consider the proposed rule, the economic impact statement, the
  132  written statement of the agency, the proposed alternatives, and
  133  any comment submitted during the comment period on the proposed
  134  rule. The Office of Program Policy Analysis and Government
  135  Accountability shall submit a report of its findings and
  136  recommendations to the Governor, the President of the Senate,
  137  and the Speaker of the House of Representatives. The
  138  Administrative Procedures Committee shall report such findings
  139  to the agency, and the agency shall respond in writing to the
  140  Administrative Procedures Committee if the Office of Program
  141  Policy Analysis and Government Accountability found that the
  142  alternative reduced the impact on small business while meeting
  143  the stated objectives of the proposed rule. If the agency will
  144  not adopt the alternative, it must also provide a detailed
  145  written statement to the committee as to why it will not adopt
  146  the alternative.
  147         Section 10. Paragraphs (a) and (c) of subsection (5) of
  148  section 120.745, Florida Statutes, are amended to read:
  149         120.745 Legislative review of agency rules in effect on or
  150  before November 16, 2010.—
  151         (5) COMPLIANCE ECONOMIC REVIEW OF RULES AND REQUIRED
  152  REPORT.—Each agency shall perform a compliance economic review
  153  and report for all rules, including separate reviews of
  154  subparts, listed under Group 1 “Group 1 rules” or Group 2 “Group
  155  2 rules” pursuant to subparagraph (2)(g)3. Group 1 rules shall
  156  be reviewed and reported on in 2012, and Group 2 rules shall be
  157  reviewed and reported on in 2013.
  158         (a) No later than May 1, each agency shall:
  159         1. Complete a compliance economic review for each entire
  160  rule or subpart in the appropriate group.
  161         2. File the written certification of the agency head with
  162  the committee verifying the completion of each compliance
  163  economic review required for the respective year. The
  164  certification shall be dated and published as an addendum to the
  165  report required in subsection (3). The duty to certify
  166  completion of the required compliance economic reviews is the
  167  responsibility solely of the agency head as defined in s.
  168  120.52(3) and may not be delegated to any other person. If the
  169  defined agency head is a collegial body, the written
  170  certification must be prepared by the chair or equivalent
  171  presiding officer of that body.
  172         3. Publish a copy of the compliance economic review,
  173  directions on how and when interested parties may submit lower
  174  cost regulatory alternatives to the agency, and the date the
  175  notice is published in the manner provided in subsection (7).
  176         4. Publish notice of the publications required in
  177  subparagraphs 2. and 3. in the manner provided in subsection
  178  (7).
  179         5. Submit each compliance economic review to the rules
  180  ombudsman in the Executive Office of the Governor Small Business
  181  Regulatory Advisory Council for its review.
  182         (c) No later than August 1, the rules ombudsman in the
  183  Executive Office of the Governor Small Business Regulatory
  184  Advisory Council may submit lower cost regulatory alternatives
  185  to any rule to the agency that adopted the rule. No later than
  186  June 15, other interested parties may submit lower cost
  187  regulatory alternatives to any rule.
  188         Section 11. This act shall take effect July 1, 2012.