| 1 | Representative Attkisson offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 302-399 and insert: |
| 5 | Regulatory Advisory Council, as provided in s. 288.7001, |
| 6 | regarding the rules of each agency. |
| 7 | Section 5. Subsection (1) of section 11.919, Florida |
| 8 | Statutes, is amended to read: |
| 9 | 11.919 Assistance of and access to state agencies.-- |
| 10 | (1) The committee and the Small Business Regulatory |
| 11 | Advisory Council may access or request information and request |
| 12 | the assistance of state agencies and officers. When assistance |
| 13 | is requested, a state agency or officer shall assist the |
| 14 | committee and the Small Business Regulatory Advisory Council. |
| 15 | Section 6. Paragraph (b) of subsection (3) of section |
| 16 | 120.54, Florida Statutes, is amended to read: |
| 17 | 120.54 Rulemaking.-- |
| 18 | (3) ADOPTION PROCEDURES.-- |
| 19 | (b) Special matters to be considered in rule adoption.-- |
| 20 | 1. Statement of estimated regulatory costs.--Prior to the |
| 21 | adoption, amendment, or repeal of any rule other than an |
| 22 | emergency rule, an agency is encouraged to prepare a statement |
| 23 | of estimated regulatory costs of the proposed rule, as provided |
| 24 | by s. 120.541. However, an agency shall prepare a statement of |
| 25 | estimated regulatory costs of the proposed rule, as provided by |
| 26 | s. 120.541, if the proposed rule will have an impact on small |
| 27 | business. |
| 28 | 2. Small businesses, small counties, and small cities.-- |
| 29 | a. Each agency, before the adoption, amendment, or repeal |
| 30 | of a rule, shall consider the impact of the rule on small |
| 31 | businesses as defined by s. 288.703 and the impact of the rule |
| 32 | on small counties or small cities as defined by s. 120.52. |
| 33 | Whenever practicable, an agency shall tier its rules to reduce |
| 34 | disproportionate impacts on small businesses, small counties, or |
| 35 | small cities to avoid regulating small businesses, small |
| 36 | counties, or small cities that do not contribute significantly |
| 37 | to the problem the rule is designed to address. An agency may |
| 38 | define "small business" to include businesses employing more |
| 39 | than 100 persons, may define "small county" to include those |
| 40 | with populations of more than 75,000, and may define "small |
| 41 | city" to include those with populations of more than 10,000, if |
| 42 | it finds that such a definition is necessary to adapt a rule to |
| 43 | the needs and problems of small businesses, small counties, or |
| 44 | small cities. The agency shall consider each of the following |
| 45 | methods for reducing the impact of the proposed rule on small |
| 46 | businesses, small counties, and small cities, or any combination |
| 47 | of these entities: |
| 48 | (I) Establishing less stringent compliance or reporting |
| 49 | requirements in the rule. |
| 50 | (II) Establishing less stringent schedules or deadlines in |
| 51 | the rule for compliance or reporting requirements. |
| 52 | (III) Consolidating or simplifying the rule's compliance |
| 53 | or reporting requirements. |
| 54 | (IV) Establishing performance standards or best-management |
| 55 | practices to replace design or operational standards in the |
| 56 | rule. |
| 57 | (V) Exempting small businesses, small counties, or small |
| 58 | cities from any or all requirements of the rule. |
| 59 | b.(I) If the agency determines that the proposed action |
| 60 | will affect small businesses as defined by the agency as |
| 61 | provided in sub-subparagraph a., the agency shall send written |
| 62 | notice of the rule to the Small Business Regulatory Advisory |
| 63 | Council and small business ombudsman of the Office of Tourism, |
| 64 | Trade, and Economic Development not less than 28 days prior to |
| 65 | the intended action. |
| 66 | (II) Each agency shall adopt those regulatory alternatives |
| 67 | offered by the Small Business Regulatory Advisory Council small |
| 68 | business ombudsman and provided to the agency no later than 21 |
| 69 | days after the council's ombudsman's receipt of the written |
| 70 | notice of the rule which it finds are feasible and consistent |
| 71 | with the stated objectives of the proposed rule and which would |
| 72 | reduce the impact on small businesses. When regulatory |
| 73 | alternatives are offered by the Small Business Regulatory |
| 74 | Advisory Council small business ombudsman, the 90-day period for |
| 75 | filing the rule in subparagraph (e)2. is extended for a period |
| 76 | of 21 days. |
| 77 | (III) If an agency does not adopt all alternatives offered |
| 78 | pursuant to this sub-subparagraph, it shall, prior to rule |
| 79 | adoption or amendment and pursuant to subparagraph (d)1., file a |
| 80 | detailed written statement with the committee explaining the |
| 81 | reasons for failure to adopt such alternatives. Within 3 working |
| 82 | days of the filing of such notice, the agency shall send a copy |
| 83 | of such notice to the Small Business Regulatory Advisory Council |
| 84 | small business ombudsman. The Small Business Regulatory Advisory |
| 85 | Council may make a request of the President of the Senate and |
| 86 | the Speaker of the House of Representatives that the presiding |
| 87 | officers direct the Office of Program Policy Analysis and |
| 88 | Government Accountability to determine whether the rejected |
| 89 | alternatives reduce the impact on small business while meeting |
| 90 | the stated objectives of the proposed rule. Within 60 days after |
| 91 | the date of the directive from the presiding officers, the |
| 92 | Office of Program Policy Analysis and Government Accountability |
| 93 | shall report to the Administrative Procedures Committee its |
| 94 | findings as to whether an alternative reduces the impact on |
| 95 | small business while meeting the stated objectives of the |
| 96 | proposed rule. The Office of Program Policy Analysis and |
| 97 | Government Accountability shall consider the proposed rule, the |
| 98 | economic impact statement, the written statement of the agency, |
| 99 | the proposed alternatives, and any comment submitted during the |
| 100 | comment period on the proposed rule. The Office of Program |
| 101 | Policy Analysis and Government Accountability shall submit a |
| 102 | report of its findings and recommendations to the Governor, the |
| 103 | President of the Senate, and the Speaker of the House of |
| 104 | Representatives. The Administrative Procedures Committee shall |
| 105 | report such findings to the agency, and the agency shall respond |
| 106 | in writing to the Administrative Procedures Committee if the |
| 107 | Office of Program Policy Analysis and Government Accountability |
| 108 | found that the alternative reduced the impact on small business |
| 109 | while meeting the stated objectives of the proposed rule. If the |
| 110 | agency will not adopt the alternative, it must also provide a |
| 111 | detailed |
| 112 |
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| 113 |
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| 114 | ----------------------------------------------------- |
| 115 | T I T L E A M E N D M E N T |
| 116 | Remove lines 26-40 and insert: |
| 117 | recommendations; amending s. 11.919, F.S.; requiring agency |
| 118 | assistance to the Small Business Regulatory Advisory Council; |
| 119 | authorizing the council to access or request information and |
| 120 | assistance; amending s. 120.54, F.S.; requiring an agency to |
| 121 | prepare a statement of estimated regulatory costs; requiring |
| 122 | agency notification to the Small Business Regulatory Advisory |
| 123 | Council relating to proposed agency action affecting small |
| 124 | business; requiring an agency to adopt regulatory alternatives |
| 125 | offered by the council under certain circumstances; providing |
| 126 | for rule filing extension when regulatory alternatives are |
| 127 | offered by the council; providing for outside review of |
| 128 | regulatory alternatives not adopted by an agency and for an |
| 129 | agency response; amending s. |