Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 536
       
       
       
       
       
       
                                Ì734958[Î734958                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/28/2022           .                                
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       The Committee on Appropriations (Diaz) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (20), (21), and (22) of
    6  section 120.52, Florida Statutes, are redesignated as
    7  subsections (21), (22), and (23), respectively, and a new
    8  subsection (20) is added to that section, to read:
    9         120.52 Definitions.—As used in this act:
   10         (20)“Technical change” means a change limited to
   11  correcting grammatical, typographical, or similar errors not
   12  affecting the substance of the rule.
   13         Section 2. Subsections (2) and (3) and paragraph (a) of
   14  subsection (7) of section 120.54, Florida Statutes, are amended,
   15  and paragraphs (e), (f), and (g) are added to subsection (4) of
   16  that section, to read:
   17         120.54 Rulemaking.—
   18         (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.—
   19         (a)1. Except when the intended action is the repeal of a
   20  rule, agencies shall provide notice of the development of
   21  proposed rules by publication of a notice of rule development in
   22  the Florida Administrative Register before providing notice of a
   23  proposed rule as required by paragraph (3)(a). The notice of
   24  rule development must shall indicate the subject area to be
   25  addressed by rule development, provide a short, plain
   26  explanation of the purpose and effect of the proposed rule, cite
   27  the grant of rulemaking authority for the proposed rule and the
   28  law being implemented specific legal authority for the proposed
   29  rule, and include the proposed rule number and the preliminary
   30  text of the proposed rule rules, if available, or a statement of
   31  how a person may promptly obtain, without cost, a copy of any
   32  preliminary draft, when if available.
   33         2.If a notice of a proposed rule is not filed within 12
   34  months after the notice of rule development, the agency shall
   35  withdraw the rule and give notice of the withdrawal in the next
   36  available issue of the Florida Administrative Register.
   37         (b) All rules should be drafted in readable language. The
   38  language is readable if:
   39         1. It avoids the use of obscure words and unnecessarily
   40  long or complicated constructions; and
   41         2. It avoids the use of unnecessary technical or
   42  specialized language that is understood only by members of
   43  particular trades or professions.
   44         (c) An agency may hold public workshops for purposes of
   45  rule development. If requested in writing by any affected
   46  person, an agency must hold public workshops, including
   47  workshops in various regions of the state or the agency’s
   48  service area, for purposes of rule development if requested in
   49  writing by any affected person, unless the agency head explains
   50  in writing why a workshop is unnecessary. The explanation is not
   51  final agency action subject to review pursuant to ss. 120.569
   52  and 120.57. The failure to provide the explanation when required
   53  may be a material error in procedure pursuant to s.
   54  120.56(1)(c). When a workshop or public hearing is held, the
   55  agency must ensure that the persons responsible for preparing
   56  the proposed rule are available to explain the agency’s proposal
   57  and to respond to questions or comments regarding the rule being
   58  developed. The workshop may be facilitated or mediated by a
   59  neutral third person, or the agency may employ other types of
   60  dispute resolution alternatives for the workshop that are
   61  appropriate for rule development. Notice of a workshop for rule
   62  development must workshop shall be by publication in the Florida
   63  Administrative Register not fewer less than 14 days before prior
   64  to the date on which the workshop is scheduled to be held and
   65  must shall indicate the subject area that which will be
   66  addressed; the agency contact person; and the place, date, and
   67  time of the workshop.
   68         (d)1. An agency may use negotiated rulemaking in developing
   69  and adopting rules. The agency should consider the use of
   70  negotiated rulemaking when complex rules are being drafted or
   71  strong opposition to the rules is anticipated. The agency should
   72  consider, but is not limited to considering, whether a balanced
   73  committee of interested persons who will negotiate in good faith
   74  can be assembled, whether the agency is willing to support the
   75  work of the negotiating committee, and whether the agency can
   76  use the group consensus as the basis for its proposed rule.
   77  Negotiated rulemaking uses a committee of designated
   78  representatives to draft a mutually acceptable proposed rule.
   79         2. An agency that chooses to use the negotiated rulemaking
   80  process described in this paragraph shall publish in the Florida
   81  Administrative Register a notice of negotiated rulemaking that
   82  includes a listing of the representative groups that will be
   83  invited to participate in the negotiated rulemaking process. Any
   84  person who believes that his or her interest is not adequately
   85  represented may apply to participate within 30 days after
   86  publication of the notice. All meetings of the negotiating
   87  committee shall be noticed and open to the public pursuant to
   88  the provisions of this chapter. The negotiating committee shall
   89  be chaired by a neutral facilitator or mediator.
   90         3. The agency’s decision to use negotiated rulemaking, its
   91  selection of the representative groups, and approval or denial
   92  of an application to participate in the negotiated rulemaking
   93  process are not agency action. Nothing in This subparagraph is
   94  not intended to affect the rights of a substantially an affected
   95  person to challenge a proposed rule developed under this
   96  paragraph in accordance with s. 120.56(2).
   97         (3) ADOPTION PROCEDURES.—
   98         (a) Notices.—
   99         1. Before Prior to the adoption, amendment, or repeal of
  100  any rule other than an emergency rule, an agency, upon approval
  101  of the agency head, shall give notice of its intended action,
  102  setting forth a short, plain explanation of the purpose and
  103  effect of the proposed action; the proposed rule number and the
  104  full text of the proposed rule or amendment and a summary
  105  thereof; a reference to the grant of rulemaking authority
  106  pursuant to which the rule is adopted; and a reference to the
  107  section or subsection of the Florida Statutes or the Laws of
  108  Florida being implemented or interpreted. The notice must
  109  include a summary of the agency’s statement of the estimated
  110  regulatory costs, if one has been prepared, based on the factors
  111  set forth in s. 120.541(2), which describes the regulatory
  112  impact of the proposed rule in readable language; an agency
  113  website address where the statement of estimated regulatory
  114  costs can be viewed in its entirety, if one has been prepared; a
  115  statement that any person who wishes to provide the agency with
  116  information regarding the statement of estimated regulatory
  117  costs, or to provide a proposal for a lower cost regulatory
  118  alternative as provided by s. 120.541(1), must do so in writing
  119  within 21 days after publication of the notice; and a statement
  120  as to whether, based on the statement of the estimated
  121  regulatory costs or other information expressly relied upon and
  122  described by the agency if no statement of regulatory costs is
  123  required, the proposed rule is expected to require legislative
  124  ratification pursuant to s. 120.541(3). The notice must state
  125  the procedure for requesting a public hearing on the proposed
  126  rule. Except when the intended action is the repeal of a rule,
  127  the notice must include a reference both to the date on which
  128  and to the place where the notice of rule development that is
  129  required by subsection (2) appeared.
  130         2. The notice shall be published in the Florida
  131  Administrative Register at least 7 days after the publication of
  132  the notice of rule development and at least not less than 28
  133  days before prior to the intended action. The proposed rule,
  134  including all materials proposed to be incorporated by reference
  135  and the statement of estimated regulatory costs, if one has been
  136  prepared, must shall be available for inspection and copying by
  137  the public at the time of the publication of notice. After
  138  December 31, 2022, material proposed to be incorporated by
  139  reference in the notice required by this paragraph must be made
  140  available in the manner prescribed by sub-subparagraph
  141  (1)(i)3.a. or sub-subparagraph (1)(i)3.b.
  142         3. The notice shall be mailed to all persons named in the
  143  proposed rule and mailed or delivered electronically to all
  144  persons who, at least 14 days before publication of the notice
  145  prior to such mailing, have made requests of the agency for
  146  advance notice of its proceedings. The agency shall also give
  147  such notice as is prescribed by rule to those particular classes
  148  of persons to whom the intended action is directed.
  149         4. The adopting agency shall file with the committee, at
  150  least 21 days before prior to the proposed adoption date, a copy
  151  of each rule it proposes to adopt; a copy of any material
  152  incorporated by reference in the rule; a detailed written
  153  statement of the facts and circumstances justifying the proposed
  154  rule; a copy of any statement of estimated regulatory costs that
  155  has been prepared pursuant to s. 120.541; a statement of the
  156  extent to which the proposed rule relates to federal standards
  157  or rules on the same subject; and the notice required by
  158  subparagraph 1.
  159         5.If any of the information, other than substantive
  160  changes to the rule text, which is required to be included in
  161  the notice required by subparagraph 1. is omitted or is
  162  incorrect, the agency must publish a notice of correction. A
  163  notice of correction does not affect the timeframes for filing
  164  the rule for adoption as set forth in paragraph (e). Technical
  165  changes are not required to be published as a notice of
  166  correction.
  167         (b) Special matters to be considered in rule adoption.—
  168         1. Statement of estimated regulatory costs.—Before the
  169  adoption, amendment, or repeal of any rule other than an
  170  emergency rule, an agency is encouraged to prepare a statement
  171  of estimated regulatory costs of the proposed rule, as provided
  172  by s. 120.541. However, an agency must prepare a statement of
  173  estimated regulatory costs of the proposed rule, as provided by
  174  s. 120.541, if:
  175         a. The proposed rule will have an adverse impact on small
  176  business; or
  177         b. The proposed rule is likely to directly or indirectly
  178  increase regulatory costs in excess of $200,000 in the aggregate
  179  in this state within 1 year after the implementation of the
  180  rule.
  181         2. Small businesses, small counties, and small cities.—
  182         a. For purposes of this subsection and s. 120.541(2), an
  183  adverse impact on small businesses, as defined in s. 288.703 or
  184  sub-subparagraph b., exists if, for any small business:
  185         (I)An owner, officer, operator, or manager must complete
  186  any education, training, or testing to comply with the rule in
  187  the first year or is likely to spend at least 10 hours or
  188  purchase professional advice to understand and comply with the
  189  rule in the first year;
  190         (II)Taxes or fees assessed on transactions are likely to
  191  increase by $500 or more in the aggregate in 1 year because of
  192  the rule;
  193         (III)Prices charged for goods and services are restricted
  194  or are likely to increase because of the rule;
  195         (IV)Specially trained, licensed, or tested employees will
  196  be required because of the rule;
  197         (V)Operating costs are expected to increase by at least
  198  $1,000 annually because of the rule; or
  199         (VI)Capital expenditures in excess of $1,000 are necessary
  200  to comply with the rule.
  201         b. Each agency, before the adoption, amendment, or repeal
  202  of a rule, shall consider the impact of the rule on small
  203  businesses as defined in by s. 288.703 and the impact of the
  204  rule on small counties or small cities as defined in by s.
  205  120.52. Whenever practicable, an agency shall tier its rules to
  206  reduce disproportionate impacts on small businesses, small
  207  counties, or small cities to avoid regulating small businesses,
  208  small counties, or small cities that do not contribute
  209  significantly to the problem the rule is designed to address. An
  210  agency may define “small business” to include businesses
  211  employing more than 200 persons, may define “small county” to
  212  include those with populations of more than 75,000, and may
  213  define “small city” to include those with populations of more
  214  than 10,000, if it finds that such a definition is necessary to
  215  adapt a rule to the needs and problems of small businesses,
  216  small counties, or small cities. The agency shall consider each
  217  of the following methods for reducing the impact of the proposed
  218  rule on small businesses, small counties, and small cities, or
  219  any combination of these entities:
  220         (I) Establishing less stringent compliance or reporting
  221  requirements in the rule.
  222         (II) Establishing less stringent schedules or deadlines in
  223  the rule for compliance or reporting requirements.
  224         (III) Consolidating or simplifying the rule’s compliance or
  225  reporting requirements.
  226         (IV) Establishing performance standards or best management
  227  practices to replace design or operational standards in the
  228  rule.
  229         (V) Exempting small businesses, small counties, or small
  230  cities from any or all requirements of the rule.
  231         c.(I)b.(I) If the agency determines that the proposed
  232  action will affect small businesses as defined by the agency as
  233  provided in sub-subparagraph b. a., the agency shall send
  234  written notice of the rule to the rules ombudsman in the
  235  Executive Office of the Governor at least 28 days before the
  236  intended action.
  237         (II) Each agency shall adopt those regulatory alternatives
  238  offered by the rules ombudsman in the Executive Office of the
  239  Governor and provided to the agency no later than 21 days after
  240  the rules ombudsman’s receipt of the written notice of the rule
  241  which it finds are feasible and consistent with the stated
  242  objectives of the proposed rule and which would reduce the
  243  impact on small businesses. When regulatory alternatives are
  244  offered by the rules ombudsman in the Executive Office of the
  245  Governor, the 90-day period for filing the rule in subparagraph
  246  (e)2. is extended for a period of 21 days. At least 21 days
  247  before filing the rule for adoption, the agency shall provide a
  248  copy of any regulatory alternative offered to the agency to the
  249  committee.
  250         (III) If an agency does not adopt all alternatives offered
  251  pursuant to this sub-subparagraph, it shall, before rule
  252  adoption or amendment and pursuant to subparagraph (d)1., file a
  253  detailed written statement with the committee explaining the
  254  reasons for failure to adopt such alternatives. Within 3 working
  255  days after the filing of such notice, the agency shall send a
  256  copy of such notice to the rules ombudsman in the Executive
  257  Office of the Governor.
  258         (c) Hearings.—
  259         1. If the intended action concerns any rule other than one
  260  relating exclusively to procedure or practice, the agency shall,
  261  on the request of any affected person received within 21 days
  262  after the date of publication of the notice of intended agency
  263  action, give affected persons an opportunity to present evidence
  264  and argument on all issues under consideration. The agency may
  265  schedule a public hearing on the proposed rule and, if requested
  266  by any affected person, shall schedule a public hearing on the
  267  proposed rule. When a public hearing is held, the agency must
  268  ensure that staff are available to explain the agency’s proposal
  269  and to respond to questions or comments regarding the proposed
  270  rule. If the agency head is a board or other collegial body
  271  created under s. 20.165(4) or s. 20.43(3)(g), and one or more
  272  requested public hearings is scheduled, the board or other
  273  collegial body shall conduct at least one of the public hearings
  274  itself and may not delegate this responsibility without the
  275  consent of those persons requesting the public hearing. Any
  276  material pertinent to the issues under consideration submitted
  277  to the agency within 21 days after the date of publication of
  278  the notice or submitted to the agency between the date of
  279  publication of the notice and the end of the final public
  280  hearing shall be considered by the agency and made a part of the
  281  record of the rulemaking proceeding.
  282         2. Rulemaking proceedings shall be governed solely by the
  283  provisions of this section unless a person timely asserts that
  284  the person’s substantial interests will be affected in the
  285  proceeding and affirmatively demonstrates to the agency that the
  286  proceeding does not provide adequate opportunity to protect
  287  those interests. If the agency determines that the rulemaking
  288  proceeding is not adequate to protect the person’s interests, it
  289  shall suspend the rulemaking proceeding and convene a separate
  290  proceeding under the provisions of ss. 120.569 and 120.57. The
  291  agency shall publish notice of convening a separate proceeding
  292  in the Florida Administrative Register. Similarly situated
  293  persons may be requested to join and participate in the separate
  294  proceeding. Upon conclusion of the separate proceeding, the
  295  rulemaking proceeding shall be resumed. All timelines in this
  296  section are tolled during any suspension of the rulemaking
  297  proceeding under this subparagraph, beginning on the date the
  298  notice of convening a separate proceeding is published and
  299  resuming on the day after the conclusion of the separate
  300  proceeding.
  301         (d) Modification or withdrawal of proposed rules.—
  302         1. After the final public hearing on the proposed rule, or
  303  after the time for requesting a hearing has expired, if the
  304  proposed rule has not been changed from the proposed rule as
  305  previously filed with the committee, or contains only technical
  306  changes, the adopting agency shall file a notice to that effect
  307  with the committee at least 7 days before prior to filing the
  308  proposed rule for adoption. Any change, other than a technical
  309  change that does not affect the substance of the rule, must be
  310  supported by the record of public hearings held on the proposed
  311  rule, must be in response to written material submitted to the
  312  agency within 21 days after the date of publication of the
  313  notice of intended agency action or submitted to the agency
  314  between the date of publication of the notice and the end of the
  315  final public hearing, or must be in response to a proposed
  316  objection by the committee. Any change, other than a technical
  317  change, to a statement of estimated regulatory costs requires a
  318  notice of change. In addition, when any change, other than a
  319  technical change, to the text of is made in a proposed rule or
  320  any material incorporated by reference requires, other than a
  321  technical change, the adopting agency to shall provide a copy of
  322  a notice of change by certified mail or actual delivery to any
  323  person who requests it in writing no later than 21 days after
  324  the notice required in paragraph (a). The agency shall file the
  325  notice of change with the committee, along with the reasons for
  326  the change, and provide the notice of change to persons
  327  requesting it, at least 21 days before prior to filing the
  328  proposed rule for adoption. The notice of change shall be
  329  published in the Florida Administrative Register at least 21
  330  days before prior to filing the proposed rule for adoption. The
  331  notice of change must include a summary of any revision to a
  332  statement of estimated regulatory costs required by s.
  333  120.541(1)(c). This subparagraph does not apply to emergency
  334  rules adopted pursuant to subsection (4). After December 31,
  335  2022, material proposed to be incorporated by reference in the
  336  notice required by this paragraph must be made available in the
  337  manner prescribed by sub-subparagraph (1)(i)3.a. or sub
  338  subparagraph (1)(i)3.b.
  339         2. After the notice required by paragraph (a) and before
  340  prior to adoption, the agency may withdraw the proposed rule in
  341  whole or in part.
  342         3.After the notice required by paragraph (a), the agency
  343  shall withdraw the proposed rule if the agency has failed to
  344  adopt it within the prescribed timeframes in this chapter. The
  345  committee shall notify the agency that it has exceeded the
  346  timeframe to adopt the proposed rule. If, 30 days after notice
  347  by the committee, the agency has not given notice of the
  348  withdrawal of the rule, the committee shall notify the
  349  Department of State that the date for adoption of the rule has
  350  expired, and the Department of State shall publish a notice of
  351  withdrawal of the proposed rule.
  352         4.3. After adoption and before the rule becomes effective,
  353  a rule may be modified or withdrawn only in the following
  354  circumstances:
  355         a. When the committee objects to the rule;
  356         b. When a final order, which is not subject to further
  357  appeal, is entered in a rule challenge brought pursuant to s.
  358  120.56 after the date of adoption but before the rule becomes
  359  effective pursuant to subparagraph (e)6.;
  360         c. If the rule requires ratification, when more than 90
  361  days have passed since the rule was filed for adoption without
  362  the Legislature ratifying the rule, in which case the rule may
  363  be withdrawn but may not be modified; or
  364         d. When the committee notifies the agency that an objection
  365  to the rule is being considered, in which case the rule may be
  366  modified to extend the effective date by not more than 60 days.
  367         5.4. The agency shall give notice of its decision to
  368  withdraw or modify a rule in the first available issue of the
  369  publication in which the original notice of rulemaking was
  370  published, shall notify those persons described in subparagraph
  371  (a)3. in accordance with the requirements of that subparagraph,
  372  and shall notify the Department of State if the rule is required
  373  to be filed with the Department of State.
  374         6.5. After a rule has become effective, it may be repealed
  375  or amended only through the rulemaking procedures specified in
  376  this chapter.
  377         (e) Filing for final adoption; effective date.—
  378         1. If the adopting agency is required to publish its rules
  379  in the Florida Administrative Code, the agency, upon approval of
  380  the agency head, shall file with the Department of State three
  381  certified copies of the rule it proposes to adopt; one copy of
  382  any material incorporated by reference in the rule, certified by
  383  the agency; a summary of the rule; a summary of any hearings
  384  held on the rule; and a detailed written statement of the facts
  385  and circumstances justifying the rule. Agencies not required to
  386  publish their rules in the Florida Administrative Code shall
  387  file one certified copy of the proposed rule, and the other
  388  material required by this subparagraph, in the office of the
  389  agency head, and such rules shall be open to the public.
  390         2. A rule may not be filed for adoption less than 28 days
  391  or more than 90 days after the notice required by paragraph (a),
  392  until 21 days after the notice of change required by paragraph
  393  (d), until 14 days after the final public hearing, until 21 days
  394  after a statement of estimated regulatory costs required under
  395  s. 120.541 has been provided to all persons who submitted a
  396  lower cost regulatory alternative and made available to the
  397  public at a readily accessible page on the agency’s website, or
  398  until the administrative law judge has rendered a decision under
  399  s. 120.56(2), whichever applies. When a required notice of
  400  change is published before prior to the expiration of the time
  401  to file the rule for adoption, the period during which a rule
  402  must be filed for adoption is extended to 45 days after the date
  403  of publication. If notice of a public hearing is published
  404  before prior to the expiration of the time to file the rule for
  405  adoption, the period during which a rule must be filed for
  406  adoption is extended to 45 days after adjournment of the final
  407  hearing on the rule, 21 days after receipt of all material
  408  authorized to be submitted at the hearing, or 21 days after
  409  receipt of the transcript, if one is made, whichever is latest.
  410  The term “public hearing” includes any public meeting held by
  411  any agency at which the rule is considered. If a petition for an
  412  administrative determination under s. 120.56(2) is filed, the
  413  period during which a rule must be filed for adoption is
  414  extended to 60 days after the administrative law judge files the
  415  final order with the clerk or until 60 days after subsequent
  416  judicial review is complete.
  417         3. At the time a rule is filed, the agency shall certify
  418  that the time limitations prescribed by this paragraph have been
  419  complied with, that all statutory rulemaking requirements have
  420  been met, and that there is no administrative determination
  421  pending on the rule.
  422         4. At the time a rule is filed, the committee shall certify
  423  whether the agency has responded in writing to all material and
  424  timely written comments or written inquiries made on behalf of
  425  the committee. The Department of State shall reject any rule
  426  that is not filed within the prescribed time limits; that does
  427  not comply with all statutory rulemaking requirements and rules
  428  of the Department of State; upon which an agency has not
  429  responded in writing to all material and timely written
  430  inquiries or written comments; upon which an administrative
  431  determination is pending; or which does not include a statement
  432  of estimated regulatory costs, if required.
  433         5. If a rule has not been adopted within the time limits
  434  imposed by this paragraph or has not been adopted in compliance
  435  with all statutory rulemaking requirements, the agency proposing
  436  the rule shall withdraw the proposed rule and give notice of its
  437  action in the next available issue of the Florida Administrative
  438  Register.
  439         6. The proposed rule shall be adopted on being filed with
  440  the Department of State and become effective 20 days after being
  441  filed, on a later date specified in the notice required by
  442  subparagraph (a)1., on a date required by statute, or upon
  443  ratification by the Legislature pursuant to s. 120.541(3). Rules
  444  not required to be filed with the Department of State shall
  445  become effective when adopted by the agency head, on a later
  446  date specified by rule or statute, or upon ratification by the
  447  Legislature pursuant to s. 120.541(3). If the committee notifies
  448  an agency that an objection to a rule is being considered, the
  449  agency may postpone the adoption of the rule to accommodate
  450  review of the rule by the committee. When an agency postpones
  451  adoption of a rule to accommodate review by the committee, the
  452  90-day period for filing the rule is tolled until the committee
  453  notifies the agency that it has completed its review of the
  454  rule.
  455  
  456  For the purposes of this paragraph, the term “administrative
  457  determination” does not include subsequent judicial review.
  458         (4) EMERGENCY RULES.—
  459         (e)Emergency rules shall be published in the Florida
  460  Administrative Code.
  461         (f)An agency may not supersede an emergency rule currently
  462  in effect.
  463         (g)An agency may make technical changes to an emergency
  464  rule within the first 7 days after the rule is adopted and must
  465  publish a notice of the technical change in the Florida
  466  Administrative Register.
  467         (7) PETITION TO INITIATE RULEMAKING.—
  468         (a) Any person regulated by an agency or having substantial
  469  interest in an agency rule may petition an agency to adopt,
  470  amend, or repeal a rule or to provide the minimum public
  471  information required by this chapter. The petition shall specify
  472  the proposed rule and action requested. The agency shall file a
  473  copy of the petition with the committee. Not later than 30
  474  calendar days following the date of filing a petition, the
  475  agency shall initiate rulemaking proceedings under this chapter,
  476  otherwise comply with the requested action, or deny the petition
  477  with a written statement of its reasons for the denial.
  478         Section 3. Section 120.541, Florida Statutes, is amended to
  479  read:
  480         120.541 Statement of estimated regulatory costs.—
  481         (1)(a) Within 21 days after publication of the notice of a
  482  proposed rule or notice of change required under s.
  483  120.54(3)(a), a substantially affected person may submit to an
  484  agency a good faith written proposal for a lower cost regulatory
  485  alternative to a proposed rule which substantially accomplishes
  486  the objectives of the law being implemented. The agency shall
  487  provide a copy of any proposal for a lower cost regulatory
  488  alternative to the committee at least 21 days before filing the
  489  rule for adoption. The proposal may include the alternative of
  490  not adopting any rule if the proposal explains how the lower
  491  costs and objectives of the law will be achieved by not adopting
  492  any rule. If submitted after a notice of change, a proposal for
  493  a lower cost regulatory alternative is deemed to be made in good
  494  faith only if the person reasonably believes, and the proposal
  495  states the person’s reasons for believing, that the proposed
  496  rule as changed by the notice of change increases the regulatory
  497  costs or creates an adverse impact on small businesses that was
  498  not created by the previous proposed rule. If such a proposal is
  499  submitted, the 90-day period for filing the rule is extended 21
  500  days. Upon the submission of the lower cost regulatory
  501  alternative, the agency shall prepare a statement of estimated
  502  regulatory costs as provided in subsection (2), or shall revise
  503  its prior statement of estimated regulatory costs, and either
  504  adopt the alternative proposal, reject the alternative proposal,
  505  or modify the proposed rule to reduce the regulatory costs. If
  506  the agency rejects the alternative proposal or modifies the
  507  proposed rule, the agency shall or provide a statement of the
  508  reasons for rejecting the alternative in favor of the proposed
  509  rule.
  510         (b) If a proposed rule will have an adverse impact on small
  511  business or if the proposed rule is likely to directly or
  512  indirectly increase regulatory costs in excess of $200,000 in
  513  the aggregate within 1 year after the implementation of the
  514  rule, the agency shall prepare a statement of estimated
  515  regulatory costs as required by s. 120.54(3)(b).
  516         (c) The agency shall revise a statement of estimated
  517  regulatory costs if any change to the rule made under s.
  518  120.54(3)(d) increases the regulatory costs of the rule or if
  519  the rule is modified in response to the submission of a lower
  520  cost regulatory alternative. A summary of the revised statement
  521  must be included with any subsequent notice published under s.
  522  120.54(3).
  523         (d) At least 21 days before filing the proposed rule for
  524  adoption, an agency that is required to revise a statement of
  525  estimated regulatory costs shall provide the statement to the
  526  person who submitted the lower cost regulatory alternative, to
  527  the rules ombudsman in the Executive Office of the Governor, and
  528  to the committee. The revised statement shall be published and
  529  made available in the same manner as the original statement of
  530  estimated regulatory costs and shall provide notice on the
  531  agency’s website that it is available to the public.
  532         (e) Notwithstanding s. 120.56(1)(c), the failure of the
  533  agency to prepare and publish a statement of estimated
  534  regulatory costs or to respond to a written lower cost
  535  regulatory alternative as provided in this subsection is a
  536  material failure to follow the applicable rulemaking procedures
  537  or requirements set forth in this chapter.
  538         (f) An agency’s failure to prepare and publish a statement
  539  of estimated regulatory costs or to respond to a written lower
  540  cost regulatory alternative may not be raised in a proceeding
  541  challenging the validity of a rule pursuant to s. 120.52(8)(a)
  542  unless:
  543         1. Raised in a petition filed no later than 1 year after
  544  the effective date of the rule; and
  545         2. Raised by a person whose substantial interests are
  546  affected by the rule’s regulatory costs.
  547         (g) A rule that is challenged pursuant to s. 120.52(8)(f)
  548  may not be declared invalid unless:
  549         1. The issue is raised in an administrative proceeding
  550  within 1 year after the effective date of the rule;
  551         2. The challenge is to the agency’s rejection of a lower
  552  cost regulatory alternative offered under paragraph (a) or s.
  553  120.54(3)(b)2.c. s. 120.54(3)(b)2.b.; and
  554         3. The substantial interests of the person challenging the
  555  rule are materially affected by the rejection.
  556         (2) A statement of estimated regulatory costs must shall
  557  include:
  558         (a) An economic analysis showing whether the rule directly
  559  or indirectly:
  560         1. Is likely to have an adverse impact on economic growth,
  561  private sector job creation or employment, or private sector
  562  investment in excess of $1 million in the aggregate within 5
  563  years after the implementation of the rule;
  564         2. Is likely to have an adverse impact on business
  565  competitiveness, including the ability of persons doing business
  566  in the state to compete with persons doing business in other
  567  states or domestic markets, productivity, or innovation in
  568  excess of $1 million in the aggregate within 5 years after the
  569  implementation of the rule; or
  570         3. Is likely to increase regulatory costs, including all
  571  any transactional costs and impacts estimated in the statement
  572  of estimated regulatory costs, in excess of $1 million in the
  573  aggregate within 5 years after the implementation of the rule.
  574         (b) A good faith estimate of the number of individuals,
  575  small businesses, and other entities likely to be required to
  576  comply with the rule, together with a general description of the
  577  types of individuals likely to be affected by the rule.
  578         (c) A good faith estimate of the cost to the agency, and to
  579  any other state and local government entities, of implementing
  580  and enforcing the proposed rule, and any anticipated effect on
  581  state or local revenues.
  582         (d) A good faith estimate of the compliance transactional
  583  costs likely to be incurred by individuals and entities,
  584  including local government entities, required to comply with the
  585  requirements of the rule. As used in this section,
  586  “transactional costs” are direct costs that are readily
  587  ascertainable based upon standard business practices, and
  588  include filing fees, the cost of obtaining a license, the cost
  589  of equipment required to be installed or used or procedures
  590  required to be employed in complying with the rule, additional
  591  operating costs incurred, the cost of monitoring and reporting,
  592  and any other costs necessary to comply with the rule.
  593         (e) An analysis of the impact on small businesses as
  594  defined in by s. 288.703, and an analysis of the impact on small
  595  counties and small cities as defined in s. 120.52. The impact
  596  analysis for small businesses must include the basis for the
  597  agency’s decision not to implement alternatives that would
  598  reduce adverse impacts on small businesses.
  599         (f) Any additional information that the agency determines
  600  may be useful.
  601         (g) In the statement or revised statement, whichever
  602  applies, a description of any regulatory alternatives submitted
  603  under paragraph (1)(a) and a statement adopting the alternative
  604  or a statement of the reasons for rejecting the alternative in
  605  favor of the proposed rule.
  606         (3) If the adverse impact or regulatory costs of the rule
  607  exceed any of the criteria established in paragraph (2)(a), the
  608  rule shall be submitted to the President of the Senate and
  609  Speaker of the House of Representatives no later than 30 days
  610  before prior to the next regular legislative session, and the
  611  rule may not take effect until it is ratified by the
  612  Legislature.
  613         (4) Subsection (3) does not apply to the adoption of:
  614         (a) Federal standards pursuant to s. 120.54(6).
  615         (b) Triennial updates of and amendments to the Florida
  616  Building Code which are expressly authorized by s. 553.73.
  617         (c) Triennial updates of and amendments to the Florida Fire
  618  Prevention Code which are expressly authorized by s. 633.202.
  619         (d)Emergency rules adopted pursuant to s. 120.54(4).
  620         (5) For purposes of subsections (2) and (3), adverse
  621  impacts and regulatory costs likely to occur within 5 years
  622  after implementation of the rule include adverse impacts and
  623  regulatory costs estimated to occur within 5 years after the
  624  effective date of the rule. However, if any provision of the
  625  rule is not fully implemented upon the effective date of the
  626  rule, the adverse impacts and regulatory costs associated with
  627  such provision must be adjusted to include any additional
  628  adverse impacts and regulatory costs estimated to occur within 5
  629  years after implementation of such provision.
  630         (6)(a)In evaluating the impacts described in paragraphs
  631  (2)(a) and (e), an agency shall include good faith estimates of
  632  market impacts likely to result from compliance with the
  633  proposed rule, including:
  634         1.Increased customer charges for goods or services.
  635         2.Decreased market value of goods or services produced,
  636  provided, or sold.
  637         3.Increased costs resulting from the purchase of
  638  substitute or alternative goods or services.
  639         4.The reasonable value of time to be spent by owners,
  640  officers, operators, and managers to understand and comply with
  641  the proposed rule, including, but not limited to, time to be
  642  spent to complete required education, training, or testing.
  643         5.Capital costs.
  644         6.Any other impacts suggested by the rules ombudsman in
  645  the Executive Office of the Governor or interested persons.
  646         (b)In estimating and analyzing the information required in
  647  paragraphs (2)(b)-(e), the agency may use surveys of
  648  individuals, businesses, business organizations, counties, and
  649  municipalities to collect data helpful to estimate and analyze
  650  the costs and impacts.
  651         (c)In estimating compliance costs under paragraph (2)(d),
  652  the agency shall consider, among other matters, all direct and
  653  indirect costs necessary to comply with the proposed rule that
  654  are readily ascertainable based upon standard business
  655  practices, including, but not limited to, costs related to:
  656         1.Filing fees.
  657         2.Expenses to obtain a license.
  658         3.Necessary equipment.
  659         4.Installation, utilities, and maintenance of necessary
  660  equipment.
  661         5.Necessary operations and procedures.
  662         6.Accounting, financial, information management, and other
  663  administrative processes.
  664         7.Other processes.
  665         8.Labor based on relevant rates of wages, salaries, and
  666  benefits.
  667         9.Materials and supplies.
  668         10.Capital expenditures, including financing costs.
  669         11.Professional and technical services, including
  670  contracted services necessary to implement and maintain
  671  compliance.
  672         12.Monitoring and reporting.
  673         13.Qualifying and recurring education, training, and
  674  testing.
  675         14.Travel.
  676         15.Insurance and surety requirements.
  677         16.A fair and reasonable allocation of administrative
  678  costs and other overhead.
  679         17.Reduced sales or other revenues.
  680         18.Other items suggested by the rules ombudsman in the
  681  Executive Office of the Governor or any interested person,
  682  business organization, or business representative.
  683         (7)(a)The Department of State shall include on the Florida
  684  Administrative Register website the agency website addresses
  685  where statements of estimated regulatory costs may be viewed in
  686  their entirety.
  687         (b)An agency that prepares a statement of estimated
  688  regulatory costs must provide, as part of the notice required
  689  under s. 120.54(3)(a), the agency website address where the
  690  statement of estimated regulatory costs can be read in its
  691  entirety to the Department of State for publication in the
  692  Florida Administrative Register.
  693         (c)If an agency revises its statement of estimated
  694  regulatory costs, the agency must provide notice that a revision
  695  has been made as provided in s. 120.54(3)(d). Such notice must
  696  include the agency website address where the revision can be
  697  viewed in its entirety.
  698         Section 4. Subsections (1) and (2) of section 120.545,
  699  Florida Statutes, are amended to read:
  700         120.545 Committee review of agency rules.—
  701         (1) As a legislative check on legislatively created
  702  authority, the committee shall examine each existing rule and
  703  proposed rule, except for those proposed rules exempted by s.
  704  120.81(1)(e) and (2), and its accompanying material, and each
  705  emergency rule, and may examine any existing rule, for the
  706  purpose of determining whether:
  707         (a) The rule is an invalid exercise of delegated
  708  legislative authority.
  709         (b) The statutory authority for the rule has been repealed.
  710         (c) The rule reiterates or paraphrases statutory material.
  711         (d) The rule is in proper form.
  712         (e) The notice given before prior to its adoption was
  713  sufficient to give adequate notice of the purpose and effect of
  714  the rule.
  715         (f) The rule is consistent with expressed legislative
  716  intent pertaining to the specific provisions of law which the
  717  rule implements.
  718         (g) The rule is necessary to accomplish the apparent or
  719  expressed objectives of the specific provision of law which the
  720  rule implements.
  721         (h) The rule is a reasonable implementation of the law as
  722  it affects the convenience of the general public or persons
  723  particularly affected by the rule.
  724         (i) The rule could be made less complex or more easily
  725  comprehensible to the general public.
  726         (j) The rule’s statement of estimated regulatory costs
  727  complies with the requirements of s. 120.541 and whether the
  728  rule does not impose regulatory costs on the regulated person,
  729  county, or city which could be reduced by the adoption of less
  730  costly alternatives that substantially accomplish the statutory
  731  objectives.
  732         (k) The rule will require additional appropriations.
  733         (l) If the rule is an emergency rule, there exists an
  734  emergency justifying the adoption of such rule, the agency is
  735  within its statutory authority, and the rule was adopted in
  736  compliance with the requirements and limitations of s.
  737  120.54(4).
  738         (2) The committee may request from an agency such
  739  information as is reasonably necessary for examination of a rule
  740  as required by subsection (1). The committee shall consult with
  741  legislative standing committees having jurisdiction over the
  742  subject areas. If the committee objects to a rule, the committee
  743  shall, within 5 days after the objection, certify that fact to
  744  the agency whose rule has been examined and include with the
  745  certification a statement detailing its objections with
  746  particularity. The committee may file an objection for the
  747  failure of an agency to repeal or amend an existing rule which
  748  the committee identifies as being inconsistent with the powers
  749  and duties granted by its enabling statute or having no enabling
  750  statute. The committee shall notify the Speaker of the House of
  751  Representatives and the President of the Senate of any objection
  752  to an agency rule concurrent with certification of that fact to
  753  the agency. Such notice shall include a copy of the rule and the
  754  statement detailing the committee’s objections to the rule.
  755         Section 5. Paragraphs (a), (b), and (c) of subsection (1)
  756  of section 120.55, Florida Statutes, are amended to read:
  757         120.55 Publication.—
  758         (1) The Department of State shall:
  759         (a)1. Through a continuous revision and publication system,
  760  compile and publish electronically, on a website managed by the
  761  department, the “Florida Administrative Code.” The Florida
  762  Administrative Code shall contain all rules adopted by each
  763  agency, citing the grant of rulemaking authority and the
  764  specific law implemented pursuant to which each rule was
  765  adopted, all history notes as authorized in s. 120.545(7),
  766  complete indexes to all rules and any material incorporated by
  767  reference contained in the code, and any other material required
  768  or authorized by law or deemed useful by the department. The
  769  electronic code shall display each rule chapter currently in
  770  effect in browse mode and allow full text search of the code and
  771  each rule chapter. The department may contract with a publishing
  772  firm for a printed publication; however, the department shall
  773  retain responsibility for the code as provided in this section.
  774  The electronic publication shall be the official compilation of
  775  the administrative rules of this state. The Department of State
  776  shall retain the copyright over the Florida Administrative Code.
  777         2. Not publish in the Florida Administrative Code rules
  778  general in form but applicable to only one school district,
  779  community college district, or county, or a part thereof, or
  780  state university rules relating to internal personnel or
  781  business and finance shall not be published in the Florida
  782  Administrative Code. Exclusion from publication in the Florida
  783  Administrative Code does shall not affect the validity or
  784  effectiveness of such rules.
  785         3. At the beginning of the section of the code dealing with
  786  an agency that files copies of its rules with the department,
  787  the department shall publish the address and telephone number of
  788  the executive offices of each agency, the manner by which the
  789  agency indexes its rules, a listing of all rules of that agency
  790  excluded from publication in the code, a listing of all forms
  791  and material incorporated by reference adopted by rule which are
  792  used by the agency, and a statement as to where those rules may
  793  be inspected.
  794         4. Not publish forms shall not be published in the Florida
  795  Administrative Code. However,; but any form that which an agency
  796  uses in its dealings with the public, along with any
  797  accompanying instructions, shall be filed with the committee
  798  before it is used. Any form or instruction which meets the
  799  definition of the term “rule” as defined provided in s. 120.52
  800  shall be incorporated by reference into the appropriate rule.
  801  The reference shall specifically state that the form is being
  802  incorporated by reference and shall include the number, title,
  803  and effective date of the form and an explanation of how the
  804  form may be obtained. Each form created by an agency which is
  805  incorporated by reference in a rule notice of which is given
  806  under s. 120.54(3)(a) after December 31, 2007, must clearly
  807  display the number, title, and effective date of the form and
  808  the number of the rule in which the form is incorporated.
  809         5. Require all materials incorporated by reference in any
  810  part of an adopted rule after December 31, 2022, The department
  811  shall allow adopted rules and material incorporated by reference
  812  to be filed in the manner prescribed by s. 120.54(1)(i)3.a. or
  813  b. electronic form as prescribed by department rule. When a rule
  814  is filed for adoption with incorporated material in electronic
  815  form, the department’s publication of the Florida Administrative
  816  Code on its website must contain a hyperlink from the
  817  incorporating reference in the rule directly to that material.
  818  The department may not allow hyperlinks from rules in the
  819  Florida Administrative Code to any material other than that
  820  filed with and maintained by the department, but may allow
  821  hyperlinks to incorporated material maintained by the department
  822  from the adopting agency’s website or other sites.
  823         6.Include the date of any technical changes to a rule in
  824  the history note of the rule in the Florida Administrative Code.
  825  A technical change does not affect the effective date of the
  826  rule. A technical change made after the adoption of a rule must
  827  be published as a notice of correction.
  828         (b)1. Electronically publish on a website managed by the
  829  department a continuous revision and publication entitled the
  830  “Florida Administrative Register,” which shall serve as the
  831  official publication. The Florida Administrative Register shall
  832  be published once daily by 8 a.m. If after publication, a rule
  833  is corrected and replaced, the Florida Administrative Register
  834  shall indicate:
  835         a.That the Florida Administrative Register has been
  836  republished.
  837         b.The rule that has been corrected by the Department of
  838  State.
  839         2.The Florida Administrative Register and must contain:
  840         a.1. All notices required by s. 120.54(2) and (3)(a),
  841  showing the text of all rules proposed for consideration.
  842         b.2. All notices of public meetings, hearings, and
  843  workshops conducted in accordance with s. 120.525, including a
  844  statement of the manner in which a copy of the agenda may be
  845  obtained.
  846         c.3. A notice of each request for authorization to amend or
  847  repeal an existing uniform rule or for the adoption of new
  848  uniform rules.
  849         d.4. Notice of petitions for declaratory statements or
  850  administrative determinations.
  851         e.5. A summary of each objection to any rule filed by the
  852  Administrative Procedures Committee.
  853         f.6. A list of rules filed for adoption in the previous 7
  854  days.
  855         g.7. A list of all rules filed for adoption pending
  856  legislative ratification under s. 120.541(3). A rule shall be
  857  removed from the list once notice of ratification or withdrawal
  858  of the rule is received.
  859         h.8. Any other material required or authorized by law or
  860  deemed useful by the department.
  861  
  862  The department may contract with a publishing firm for a printed
  863  publication of the Florida Administrative Register and make
  864  copies available on an annual subscription basis.
  865         (c) Prescribe by rule the style and form required for
  866  rules, notices, and other materials submitted for filing,
  867  including a rule requiring documents created by an agency that
  868  are proposed to be incorporated by reference in notices
  869  published pursuant to s. 120.54(3)(a) and (d) to be coded in the
  870  same manner as notices published pursuant to s. 120.54(3)(a)1.
  871         Section 6. Section 120.74, Florida Statutes, is amended to
  872  read:
  873         120.74 Agency annual rulemaking and regulatory plans;
  874  reports.—
  875         (1) REGULATORY PLAN.—By October 1 of each year, each agency
  876  shall prepare a regulatory plan.
  877         (a) The plan must include a listing of each law enacted or
  878  amended during the previous 12 months which creates or modifies
  879  the duties or authority of the agency. If the Governor or the
  880  Attorney General provides a letter to the committee stating that
  881  a law affects all or most agencies, the agency may exclude the
  882  law from its plan. For each law listed by an agency under this
  883  paragraph, the plan must state:
  884         1. Whether the agency must adopt rules to implement the
  885  law.
  886         2. If rulemaking is necessary to implement the law:
  887         a. Whether a notice of rule development has been published
  888  and, if so, the citation to such notice in the Florida
  889  Administrative Register.
  890         b. The date by which the agency expects to publish the
  891  notice of proposed rule under s. 120.54(3)(a).
  892         3. If rulemaking is not necessary to implement the law, a
  893  concise written explanation of the reasons why the law may be
  894  implemented without rulemaking.
  895         (b) The plan must also identify and describe each rule,
  896  including each rule number or proposed rule number, that include
  897  a listing of each law not otherwise listed pursuant to paragraph
  898  (a) which the agency expects to develop, adopt, or repeal for
  899  the 12-month period beginning on October 1 and ending on
  900  September 30 implement by rulemaking before the following July
  901  1, excluding emergency rules except emergency rulemaking. For
  902  each rule identified and described law listed under this
  903  paragraph, the plan must state whether the rulemaking is
  904  intended to simplify, clarify, increase efficiency, improve
  905  coordination with other agencies, reduce regulatory costs, or
  906  delete obsolete, unnecessary, or redundant rules.
  907         (c) The plan must include any desired update to the prior
  908  year’s regulatory plan or supplement published pursuant to
  909  subsection (7). If, in a prior year, a law was identified under
  910  this paragraph or under subparagraph (a)1. as a law requiring
  911  rulemaking to implement but a notice of proposed rule has not
  912  been published:
  913         1. The agency shall identify and again list such law,
  914  noting the applicable notice of rule development by citation to
  915  the Florida Administrative Register; or
  916         2. If the agency has subsequently determined that
  917  rulemaking is not necessary to implement the law, the agency
  918  shall identify such law, reference the citation to the
  919  applicable notice of rule development in the Florida
  920  Administrative Register, and provide a concise written
  921  explanation of the reason why the law may be implemented without
  922  rulemaking.
  923         (d)1.The plan must include a schedule for the agency to
  924  review its rules for consistency with the powers and duties
  925  granted by the enabling statutes in accordance with this
  926  paragraph. Each agency must review all of its rules existing
  927  before July 1, 2022, in accordance with this paragraph by July
  928  1, 2027. All rules adopted on or after July 1, 2022, and all
  929  existing rules reviewed initially by July 1, 2027, shall be
  930  reviewed every 10 years after their respective dates of adoption
  931  or review. This schedule shall be updated on an annual basis to
  932  ensure that all rules are reviewed every 10 years after their
  933  respective dates of adoption or review.
  934         2.The plan must include an index and summary of rules
  935  reviewed during the previous year listed by number and title.
  936  The index must indicate:
  937         a.The rules reviewed pursuant to this paragraph that are
  938  consistent with the powers and duties granted by the enabling
  939  statutes.
  940         b.The rules reviewed pursuant to this paragraph that
  941  require amendments to remove portions of the rule that are
  942  inconsistent with the powers and duties granted by the enabling
  943  statute. A summary of the required amendments and a schedule for
  944  such rulemaking shall be provided.
  945         c.The rules reviewed pursuant to this paragraph that will
  946  be repealed in their entirety because there is no enabling
  947  statute. A schedule for the repeal of such rules shall be
  948  provided.
  949         d.A list of all statutes and laws, or parts thereof, that
  950  grant duplicative, redundant, or unused rulemaking authority, as
  951  set out in s. 11.242(5)(j), and a recommendation as to what
  952  statutes, laws, or parts thereof, should be repealed. The agency
  953  must also provide the list to the Division of Law Revision.
  954         (e) The plan must include a certification executed on
  955  behalf of the agency by both the agency head, or, if the agency
  956  head is a collegial body, the presiding officer; and the
  957  individual acting as principal legal advisor to the agency head.
  958  The certification must declare:
  959         1. Verify That the persons executing the certification have
  960  reviewed the plan.
  961         2. Verify That the agency regularly reviews all of its
  962  rules and identify the period during which all rules have most
  963  recently been reviewed to determine if the rules remain
  964  consistent with the agency’s rulemaking authority and the laws
  965  implemented.
  966         3.That the agency understands that regulatory
  967  accountability is necessary to ensure public confidence in the
  968  integrity of state government and, to that end, the agency is
  969  diligently working toward reducing the number of regulatory
  970  requirements consistent with the agency’s rulemaking authority
  971  and the laws implemented.
  972         4.The total number of rules adopted and repealed during
  973  the previous 12 months.
  974         5.That all actions set forth in the prior annual
  975  regulatory plan have been completed or are on a schedule to be
  976  completed.
  977         6.That all materials incorporated by reference in the
  978  rules reviewed are available in the manner prescribed by s.
  979  120.54(1)(i)3.a. or b.
  980         (2) PUBLICATION AND DELIVERY TO THE COMMITTEE.—
  981         (a) By October 1 of each year, each agency shall:
  982         1. Publish its regulatory plan on its website or on another
  983  state website established for publication of administrative law
  984  records. A clearly labeled hyperlink to the current plan must be
  985  included on the agency’s primary website homepage.
  986         2. Electronically deliver to the committee a copy of the
  987  certification required in paragraph (1)(e) (1)(d).
  988         3. Publish in the Florida Administrative Register a notice
  989  identifying the date of publication of the agency’s regulatory
  990  plan. The notice must include a hyperlink or website address
  991  providing direct access to the published plan.
  992         (b) To satisfy the requirements of paragraph (a), a board
  993  established under s. 20.165(4), and any other board or
  994  commission receiving administrative support from the Department
  995  of Business and Professional Regulation, may coordinate with the
  996  Department of Business and Professional Regulation, and a board
  997  established under s. 20.43(3)(g) may coordinate with the
  998  Department of Health, for inclusion of the board’s or
  999  commission’s plan and notice of publication in the coordinating
 1000  department’s plan and notice and for the delivery of the
 1001  required documentation to the committee.
 1002         (c) A regulatory plan prepared under subsection (1) and any
 1003  regulatory plan published under this chapter before July 1,
 1004  2014, shall be maintained at an active website for 10 years
 1005  after the date of initial publication on the agency’s website or
 1006  another state website.
 1007         (3) DEPARTMENT REVIEW OF BOARD PLAN.—By October 15 of each
 1008  year:
 1009         (a) For each board established under s. 20.165(4) and any
 1010  other board or commission receiving administrative support from
 1011  the Department of Business and Professional Regulation, the
 1012  Department of Business and Professional Regulation shall file
 1013  with the committee a certification that the department has
 1014  reviewed each board’s and commission’s regulatory plan. A
 1015  certification may relate to more than one board or commission.
 1016         (b) For each board established under s. 20.43(3)(g), the
 1017  Department of Health shall file with the committee a
 1018  certification that the department has reviewed the board’s
 1019  regulatory plan. A certification may relate to more than one
 1020  board.
 1021         (4) DEADLINE FOR RULE DEVELOPMENT.—By November 1 of each
 1022  year, each agency shall publish a notice of rule development
 1023  under s. 120.54(2) for each law identified in the agency’s
 1024  regulatory plan pursuant to subparagraph (1)(a)1. for which
 1025  rulemaking is necessary to implement but for which the agency
 1026  did not report the publication of a notice of rule development
 1027  under subparagraph (1)(a)2.
 1028         (5) DEADLINE TO PUBLISH PROPOSED RULE.—For each law for
 1029  which implementing rulemaking is necessary as identified in the
 1030  agency’s plan pursuant to subparagraph (1)(a)1. or subparagraph
 1031  (1)(c)1., the agency shall publish a notice of proposed rule
 1032  pursuant to s. 120.54(3)(a) by April 1 of the year following the
 1033  deadline for the regulatory plan. This deadline may be extended
 1034  if the agency publishes a notice of extension in the Florida
 1035  Administrative Register identifying each rulemaking proceeding
 1036  for which an extension is being noticed by citation to the
 1037  applicable notice of rule development as published in the
 1038  Florida Administrative Register. The agency shall include a
 1039  concise statement in the notice of extension identifying any
 1040  issues that are causing the delay in rulemaking. An extension
 1041  shall expire on October 1 after the April 1 deadline, provided
 1042  that the regulatory plan due on October 1 may further extend the
 1043  rulemaking proceeding by identification pursuant to subparagraph
 1044  (1)(c)1. or conclude the rulemaking proceeding by identification
 1045  pursuant to subparagraph (1)(c)2. A published regulatory plan
 1046  may be corrected at any time to accomplish the purpose of
 1047  extending or concluding an affected rulemaking proceeding and is
 1048  deemed corrected as of the October 1 due date. Upon publication
 1049  of a correction, the agency shall publish in the Florida
 1050  Administrative Register a notice of the date of the correction
 1051  identifying the affected rulemaking proceeding by applicable
 1052  citation to the Florida Administrative Register.
 1053         (6) CERTIFICATIONS.—Each agency shall file a certification
 1054  with the committee upon compliance with subsection (4) and upon
 1055  filing a notice under subsection (5) of either a deadline
 1056  extension or a regulatory plan correction. A certification may
 1057  relate to more than one notice or contemporaneous act. The date
 1058  or dates of compliance shall be noted in each certification.
 1059         (7) SUPPLEMENTING THE REGULATORY PLAN.—After publication of
 1060  the regulatory plan, the agency shall supplement the plan within
 1061  30 days after a bill becomes a law if the law is enacted before
 1062  the next regular session of the Legislature and the law
 1063  substantively modifies the agency’s specifically delegated legal
 1064  duties, unless the law affects all or most state agencies as
 1065  identified by letter to the committee from the Governor or the
 1066  Attorney General. The supplement must include the information
 1067  required in paragraph (1)(a) and shall be published as required
 1068  in subsection (2), but no certification or delivery to the
 1069  committee is required. The agency shall publish in the Florida
 1070  Administrative Register notice of publication of the supplement,
 1071  and include a hyperlink on its website or web address for direct
 1072  access to the published supplement. For each law reported in the
 1073  supplement, if rulemaking is necessary to implement the law, the
 1074  agency shall publish a notice of rule development by the later
 1075  of the date provided in subsection (4) or 60 days after the bill
 1076  becomes a law, and a notice of proposed rule shall be published
 1077  by the later of the date provided in subsection (5) or 120 days
 1078  after the bill becomes a law. The proposed rule deadline may be
 1079  extended to the following October 1 by notice as provided in
 1080  subsection (5). If such proposed rule has not been filed by
 1081  October 1, a law included in a supplement shall also be included
 1082  in the next annual plan pursuant to subsection (1).
 1083         (8) FAILURE TO COMPLY.—If an agency fails to comply with a
 1084  requirement of subsection (1), paragraph (2)(a), or subsection
 1085  (5), within 15 days after written demand from the committee or
 1086  from the chair of any other legislative committee, the agency
 1087  shall deliver a written explanation of the reasons for
 1088  noncompliance to the committee, the President of the Senate, the
 1089  Speaker of the House of Representatives, and the chair of any
 1090  legislative committee requesting the explanation of the reasons
 1091  for noncompliance.
 1092         (9) EDUCATIONAL UNITS.—This section does not apply to
 1093  educational units.
 1094         Section 7. This act shall take effect July 1, 2022.
 1095  
 1096  ================= T I T L E  A M E N D M E N T ================
 1097  And the title is amended as follows:
 1098         Delete everything before the enacting clause
 1099  and insert:
 1100                        A bill to be entitled                      
 1101         An act relating to administrative procedures; amending
 1102         s. 120.52, F.S.; defining the term “technical change”;
 1103         amending s. 120.54, F.S.; requiring a notice of rule
 1104         development to include certain information; requiring
 1105         a notice of withdrawal if a notice of proposed rule is
 1106         not filed within a certain timeframe; requiring a
 1107         notice of proposed rule to include certain
 1108         information; requiring certain notices to be published
 1109         within a specified timeframe; requiring that material
 1110         proposed to be incorporated by reference be made
 1111         available in a specified manner; authorizing
 1112         electronic delivery of notices to persons who have
 1113         requested advance notice of agency rulemaking
 1114         proceedings; requiring publication of a notice of
 1115         correction in certain circumstances; providing that a
 1116         notice of correction does not affect certain
 1117         timeframes; revising the circumstances under which a
 1118         proposed rule’s adverse impact on small businesses is
 1119         considered to exist; requiring an agency to provide
 1120         notice of a regulatory alternative to the
 1121         Administrative Procedures Committee before filing the
 1122         rule for adoption; requiring an agency to publish a
 1123         notice of convening a separate proceeding in certain
 1124         circumstances; providing that rulemaking timelines are
 1125         tolled during such separate proceedings; requiring a
 1126         notice of change for certain changes to a statement of
 1127         estimated regulatory costs; revising the requirements
 1128         for the contents of a notice of change; requiring the
 1129         committee to notify the Department of State that the
 1130         date for an agency to adopt a rule has expired under
 1131         certain circumstances; requiring the department to
 1132         publish a notice of withdrawal under certain
 1133         circumstances; requiring that certain information be
 1134         available on the agency’s website; requiring emergency
 1135         rules to be published in the Florida Administrative
 1136         Code; prohibiting agencies from making changes to
 1137         emergency rules by superseding the rule; authorizing
 1138         an agency to make technical changes to an emergency
 1139         rule during a specified timeframe; requiring
 1140         publication of a notice of the technical change in the
 1141         Florida Administrative Register; requiring an agency
 1142         to file a copy of a certain petition with the
 1143         committee; amending s. 120.541, F.S.; requiring an
 1144         agency to provide a copy of any proposal for a lower
 1145         cost regulatory alternative to the committee within a
 1146         certain timeframe; specifying the circumstances under
 1147         which such a proposal is made in good faith; revising
 1148         requirements for an agency’s consideration of a lower
 1149         cost regulatory alternative; providing for an agency’s
 1150         revision and publication of a revised statement of
 1151         estimated regulatory costs in response to certain
 1152         circumstances; requiring that a revised statement of
 1153         lower cost regulatory alternative be submitted to the
 1154         rules ombudsman in the Executive Office of the
 1155         Governor and published in a specified manner; revising
 1156         the information required in a statement of estimated
 1157         regulatory cost; deleting the definition of the term
 1158         “transactional costs”; revising the applicability of
 1159         specified provisions; providing additional
 1160         requirements for the calculation of estimated
 1161         regulatory costs; requiring the department to include
 1162         specified information on a website; requiring certain
 1163         agencies to include certain information in a statement
 1164         of estimated regulatory costs and on their websites;
 1165         providing certain requirements for an agency that
 1166         revises a statement of estimated regulatory costs;
 1167         amending s. 120.545, F.S.; requiring the committee to
 1168         examine existing rules; authorizing the committee to
 1169         file an objection in certain instances; amending s.
 1170         120.55, F.S.; requiring the Florida Administrative
 1171         Code to contain complete indexes to any material
 1172         incorporated by reference contained in the code;
 1173         requiring material incorporated by reference to be
 1174         filed in a specified manner after a certain date;
 1175         requiring the department to include the date of a
 1176         technical change in the Florida Administrative Code;
 1177         providing that a technical change does not affect the
 1178         effective date of a rule; requiring a technical change
 1179         made after rule adoption to be published as a notice
 1180         of correction; requiring the Florida Administrative
 1181         Register to be published once daily and indicate
 1182         certain information; requiring specified rulemaking;
 1183         amending s. 120.74, F.S.; requiring an agency’s
 1184         regulatory plan to identify and describe each rule the
 1185         agency plans to develop, adopt, or repeal during a
 1186         specified 12 month period; requiring such plan to
 1187         include a schedule of rule review; providing indexes
 1188         of certain information to be included in such plan;
 1189         requiring such plan to include a list of certain
 1190         statutes and laws or parts thereof; requiring the
 1191         agency to provide such list to the Division of Law
 1192         Revision; requiring a certification in such plan to
 1193         make certain declarations; requiring an agency to
 1194         deliver a written explanation upon request by
 1195         designated persons for failing to comply with the
 1196         regulatory plan requirements; providing an effective
 1197         date.