House Bill 4279

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    Florida House of Representatives - 1998                HB 4279

        By the Committee on Governmental Rules & Regulations and
    Representatives Wallace and Goode





  1                      A bill to be entitled

  2         An act relating to state government; requiring

  3         the Joint Administrative Procedures Committee

  4         to publish certain statistics relating to rules

  5         in its annual report; directing the Office of

  6         Program Policy Analysis and Government

  7         Accountability to conduct a study and prepare a

  8         report on the cost of state regulation and

  9         providing requirements with respect thereto;

10         providing an appropriation; providing an

11         effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  The Joint Administrative Procedures

16  Committee shall publish the following statistics on state

17  rules and regulations in its annual report:

18         (1)  The number of rules in the Florida Administrative

19  Code.

20         (2)  The number of rules in the Florida Administrative

21  Code with cost estimates.

22         (3)  The number of rules in the Florida Administrative

23  Code without cost estimates.

24         (4)  Summations of the cost estimates that do exist.

25         (5)  The number of rules repealed and the cost savings

26  realized by those repeals.

27         (6)  The number of full-time equivalent employees

28  engaged in regulatory activity.

29         (7)  The number of pages in the Florida Administrative

30  Code.

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    Florida House of Representatives - 1998                HB 4279

    607-108-98






  1         Section 2.  The Office of Program Policy Analysis and

  2  Government Accountability (OPPAGA) is directed to study,

  3  through its staff or by contract with a vendor, the costs

  4  associated with state regulation.  OPPAGA shall submit to the

  5  Speaker of the House of Representatives and the President of

  6  the Senate, no later than January 31, 1999, a report that

  7  provides:

  8         (1)  A comprehensive literature search on regulatory

  9  cost studies available at the federal, state, and local level.

10  OPPAGA shall include a bibliography of its findings in the

11  report.

12         (2)  Estimates of the total costs of state regulation

13  for fiscal year 1996-1997. Regulatory cost estimates shall be

14  divided into two main categories and reported as follows:

15         (a)  Administrative costs, which are the costs incurred

16  by the state to administer regulatory programs. Administrative

17  costs shall be categorized by agency and shall be identified

18  using the General Appropriations Act, agency budgets, and

19  other appropriate data sources.

20         (b)  Compliance costs, which are the costs incurred by

21  the private sector and local governments to comply with state

22  regulation. Compliance costs shall be quantified using

23  existing agency data, the General Appropriations Act, existing

24  economic impact statements or statements of estimated

25  regulatory costs, and other appropriate agency data sources,

26  including, but not limited to, federal reports, engineering

27  studies, industry surveys, local government surveys, and other

28  market data. Compliance cost estimates shall be divided into

29  three main categories:

30         1.  Economic regulation:  Industry-specific regulations

31  and other regulated activities in industries using economic

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    Florida House of Representatives - 1998                HB 4279

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  1  controls such as price ceilings and service parameters.

  2  Economic regulatory costs shall be divided into capital costs

  3  and operational costs.

  4         2.  Social regulation:  Regulations designed to achieve

  5  goals such as cleaner air, equal employment opportunity, safer

  6  work environments, and consumer safety.  Social regulatory

  7  costs shall be divided into capital costs and operational

  8  costs.

  9         3.  Paperwork costs:  Requirements associated with

10  paperwork burdens not directly linked to a social or economic

11  regulatory objective.  Paperwork costs shall consist of the

12  operational costs incurred by the private sector or local

13  governments to comply with state paperwork requirements.

14

15  Once quantified, a range of regulatory costs associated with

16  the categories specified in subparagraphs (b)1., 2., and 3.,

17  shall be given and then accumulated to arrive at a total cost

18  estimate. The total cost estimate shall be described on an

19  aggregate and a per capita basis. State regulatory costs

20  identified under paragraphs (a) and (b) that are attributable

21  to federally mandated or federally delegated programs should

22  be so noted in the report.

23         (3)  Proposed methodologies for estimating state

24  regulatory costs as described in subsection (2) and

25  recommendations to improve the state's rulemaking process to

26  more accurately consider the costs and benefits of proposed

27  rules.

28         Section 3.  The sum of $10,000 is appropriated from the

29  General Revenue Fund to the Office of Program Policy Analysis

30  and Government Accountability for the purpose of conducting

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    Florida House of Representatives - 1998                HB 4279

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  1  the study on the cost of state regulation required by this

  2  act.

  3         Section 4.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                          HOUSE SUMMARY

  8
      Requires the Joint Administrative Procedures Committee to
  9    publish certain statistics relating to rules in its
      annual report. Directs the Office of Program Policy
10    Analysis and Government Accountability to conduct a study
      and prepare a report on the cost of state regulation and
11    provides requirements with respect thereto. Provides an
      appropriation.
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