1 | A bill to be entitled |
2 | An act relating to small business regulatory relief; |
3 | creating s. 288.001, F.S.; designating the Florida Small |
4 | Business Development Center Network as the principal |
5 | business assistance organization for small businesses in |
6 | the state; creating s. 288.7001, F.S.; providing a short |
7 | title; providing definitions; creating the Small Business |
8 | Regulatory Advisory Council; providing for appointments, |
9 | membership, and meetings; providing powers and duties of |
10 | the council; providing administrative location for |
11 | council; providing for periodic review of agency rules by |
12 | the council with agency sunset review; providing timelines |
13 | for review; providing for the council to issue a report; |
14 | creating s. 288.7002, F.S.; providing definitions; |
15 | creating the Office of Small Business Advocate; providing |
16 | for selection of the Florida Small Business Advocate; |
17 | providing for preferred qualifications of the advocate; |
18 | providing duties of the advocate; providing for agency |
19 | cooperation with the advocate; providing for an annual |
20 | report by the advocate to the Governor and Legislature; |
21 | amending s. 11.908, F.S.; including the Small Business |
22 | Regulatory Advisory Council among groups that may be |
23 | consulted for agency or committee review; amending s. |
24 | 11.911, F.S.; providing for the inclusion of the report of |
25 | the Small Business Regulatory Advisory Council in the |
26 | Legislative Sunset Committee's recommendations; amending |
27 | s. 11.919, F.S.; requiring agency assistance to the Small |
28 | Business Regulatory Advisory Council; authorizing the |
29 | council to access or request information and assistance; |
30 | amending s. 120.54, F.S.; requiring an agency to prepare a |
31 | statement of estimated regulatory costs; requiring agency |
32 | notification to the Small Business Regulatory Advisory |
33 | Council relating to proposed agency action affecting small |
34 | business; requiring an agency to adopt regulatory |
35 | alternatives offered by the council under certain |
36 | circumstances; providing for rule filing extension when |
37 | regulatory alternatives are offered by the council; |
38 | providing for outside review of regulatory alternatives |
39 | not adopted by an agency and for an agency response; |
40 | amending s. 120.74, F.S.; requiring biennial rule review |
41 | by each agency to consider the impact of rules on small |
42 | business; requiring the economic impact of the rules to be |
43 | included in a report to the Legislature; providing an |
44 | effective date. |
45 |
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46 | Be It Enacted by the Legislature of the State of Florida: |
47 |
|
48 | Section 1. Section 288.001, Florida Statutes, is created |
49 | to read: |
50 | 288.001 The Florida Small Business Development Center |
51 | Network; purpose.--The Florida Small Business Development Center |
52 | Network is the principal business assistance organization for |
53 | small businesses in the state. |
54 | Section 2. Section 288.7001, Florida Statutes, is created |
55 | to read: |
56 | 288.7001 Small Business Regulatory Advisory Council.-- |
57 | (1) SHORT TITLE.--This section may be cited as the "Small |
58 | Business Regulatory Relief Act." |
59 | (2) DEFINITIONS.--As used in this section, the term: |
60 | (a) "Agency" means an agency as defined in s. 120.52. |
61 | (b) "Council" means the Small Business Regulatory Advisory |
62 | Council. |
63 | (c) "Rule" means a rule as defined in s. 120.52. |
64 | (d) "Small business" means a small business as defined in |
65 | s. 288.703. |
66 | (3) CREATION OF SMALL BUSINESS REGULATORY ADVISORY |
67 | COUNCIL; MEMBERSHIP; POWERS AND DUTIES.-- |
68 | (a) The Small Business Regulatory Advisory Council is |
69 | created. The council shall consist of nine members who are |
70 | current or former small business owners, three appointed by the |
71 | Governor, three appointed by the President of the Senate, and |
72 | three appointed by the Speaker of the House of Representatives. |
73 | The initial appointments to the council must be made within 60 |
74 | days after the effective date of this act. The members shall be |
75 | from different geographic regions of the state. Members shall |
76 | serve 4-year terms; however, in order to establish staggered |
77 | terms, for the initial appointments, each appointing official |
78 | shall appoint one member to a 2-year term and two members to a |
79 | 4-year term. A member shall not serve more than three |
80 | consecutive terms. Members shall select the chairperson from |
81 | among the members of the council. The council shall meet |
82 | quarterly or upon the call of the chairperson. A majority of the |
83 | members constitutes a quorum for the conduct of business. |
84 | Members of the council shall serve without compensation. The |
85 | appointing official may remove his or her appointee without |
86 | cause at any time. A member whose term has expired shall |
87 | continue to serve on the council until such time as a |
88 | replacement is appointed. Vacancies shall be filled for the |
89 | remainder of the term and by the original appointing official. |
90 | (b) The council is established, assigned to, and |
91 | administratively housed within the Florida Small Business |
92 | Development Center Network, which shall provide staff support to |
93 | the council. |
94 | (c) The council may: |
95 | 1. Provide agencies with recommendations regarding |
96 | proposed rules or programs that may adversely affect small |
97 | business; |
98 | 2. Consider requests from small business owners to review |
99 | rules or programs adopted by an agency; |
100 | 3. Consider requests from small business owners to review |
101 | small business owners' private property rights related to rules |
102 | or programs adopted or implemented by an agency; and |
103 | 4. Review rules promulgated by an agency to determine |
104 | whether a rule places an unnecessary burden on small business |
105 | and make recommendations to the agency to mitigate the adverse |
106 | effects. |
107 | (d) The council does not have authority to: |
108 | 1. Initiate or intervene in any administrative or judicial |
109 | proceeding; or |
110 | 2. Issue subpoenas. |
111 | (e) The council shall prepare and submit a written annual |
112 | report to the Governor, the President of the Senate, and the |
113 | Speaker of the House of Representatives that describes the |
114 | activities and recommendations of the council. |
115 | (4) PERIODIC REVIEW OF RULES.-- |
116 | (a) In coordination with the sunset review schedule |
117 | provided in s. 11.905, the council may review rules of agencies |
118 | subject to sunset review to determine whether the rules should |
119 | be continued without change or should be amended or repealed to |
120 | reduce the impact of the rules on small businesses, subject to |
121 | the requirement that the recommendations of the council must be |
122 | feasible and consistent with the stated objectives of the rules. |
123 | (b) In reviewing agency rules to reduce the impact on |
124 | small businesses, the council, in coordination with the agency, |
125 | shall consider the following factors: |
126 | 1. Continued need for the rule; |
127 | 2. The nature of complaints or comments received from the |
128 | public concerning the rule; |
129 | 3. The complexity of the rule; |
130 | 4. The extent to which the rule overlaps, duplicates, or |
131 | conflicts with other federal, state, and local government rules; |
132 | and |
133 | 5. The length of time since the rule has been evaluated or |
134 | the degree to which technology, economic conditions, or other |
135 | factors have changed in the topical area affected by the rule. |
136 | (c) Within 6 months after the agency report is submitted |
137 | to the Joint Legislative Sunset Committee pursuant to s. 11.907, |
138 | the council shall provide a report to the Governor, the |
139 | President of the Senate, the Speaker of the House of |
140 | Representatives, and the Joint Legislative Sunset Committee that |
141 | includes recommendations and evaluations of agency rules and |
142 | programs regarding regulatory fairness for small businesses. A |
143 | component of the report shall be a rating system, developed by |
144 | the council, entitled "Small Business Friendliness and |
145 | Development Scorecard." |
146 | Section 3. Section 288.7002, Florida Statutes, is created |
147 | to read: |
148 | 288.7002 Small business advocate.-- |
149 | (1) DEFINITIONS.-- |
150 | (a) "Advocate" means the Florida Small Business Advocate, |
151 | who is also the Director of the Office of Small Business |
152 | Advocate. |
153 | (b) "Director" means the Director of the Office of Small |
154 | Business Advocate. |
155 | (c) "Office" means the Office of Small Business Advocate. |
156 | (2) OFFICE OF SMALL BUSINESS ADVOCATE.--The Office of |
157 | Small Business Advocate is established, assigned to, and |
158 | administratively housed within the Florida Small Business |
159 | Development Center Network. The director shall be the Florida |
160 | Small Business Advocate. |
161 | (3) DIRECTOR OF THE OFFICE OF SMALL BUSINESS ADVOCATE; |
162 | APPOINTMENT; DUTIES.-- |
163 | (a) The advocate shall be selected by the director of the |
164 | Florida Small Business Development Center Network and shall be |
165 | an employee of or under contract with the Florida Small Business |
166 | Development Center Network. Preferred qualifications for the |
167 | advocate include at least 5 years' experience in small business, |
168 | extensive knowledge of the issues and challenges of importance |
169 | to small business, and actual experience in small business |
170 | advocacy and assistance. |
171 | (b) The duties and functions of the advocate shall include |
172 | the following: |
173 | 1. Act as staff for the Small Business Regulatory Advisory |
174 | Council. |
175 | 2. Serve as principal advocate in the state on behalf of |
176 | small businesses, including, but not limited to, advisory |
177 | participation in the consideration of all legislation and |
178 | administrative rules that affect small businesses and advocacy |
179 | on state policy and programs related to small businesses on |
180 | disaster preparedness and recovery, including providing |
181 | technical assistance. |
182 | 3. Represent the views and interests of small businesses |
183 | before agencies whose policies and activities may affect small |
184 | businesses. Among other activities, the advocate may encourage |
185 | standardized applications and information packages that would |
186 | include all the information needed by each agency that a |
187 | business has to deal with to prevent an applicant from having to |
188 | fill out duplicative information on forms from various agencies. |
189 | 4. Enlist the cooperation and assistance of public and |
190 | private agencies, businesses, and other organizations in |
191 | disseminating information about the programs and services |
192 | provided by all levels of government that are of benefit to |
193 | small businesses and information on how small businesses can |
194 | participate in, or make use of, those programs and services. |
195 | 5. Issue a report every 2 years evaluating the efforts of |
196 | agencies that significantly regulate small businesses, to assist |
197 | minority and other small business enterprises and to make |
198 | recommendations that may be appropriate to assist the |
199 | development and strengthening of minority and other small |
200 | business enterprises. |
201 | 6. Consult with experts and authorities in the fields of |
202 | small business investment, venture capital investment, and |
203 | commercial banking and other comparable financial institutions |
204 | involved in the financing of business; with individuals with |
205 | regulatory, legal, economic, or financial expertise, including |
206 | members of the academic community; and with individuals who |
207 | generally represent the public interest. |
208 | 7. Seek the assistance and cooperation of all agencies and |
209 | departments providing services to, or affecting, small business, |
210 | to ensure coordination of state efforts. |
211 | 8. Receive and respond to complaints from small businesses |
212 | concerning the actions of agencies and the operative effects of |
213 | state laws and regulations adversely affecting those businesses. |
214 | The advocate shall establish an annual process for small |
215 | businesses to nominate agency rules or programs for reform. The |
216 | advocate shall publish those nominations online and update the |
217 | status of agency action on the proposed reforms twice yearly. |
218 | 9. Counsel small businesses on how to resolve questions |
219 | and problems concerning the relationship of small business to |
220 | state government. |
221 | 10. Maintain, publicize, and distribute an annual list of |
222 | persons serving as small business ombudsmen throughout state |
223 | government. |
224 | 11. Coordinate a statewide conference on small business |
225 | with public and private organizations and entities impacting |
226 | small business in the state. |
227 | 12. Coordinate annual public meetings to share best |
228 | practices for small business disaster preparedness. The meetings |
229 | shall be held in consultation with regional and statewide small |
230 | business organizations and shall take place in different |
231 | locations throughout the state. |
232 | (4) REPORTS, DOCUMENTS, AND INFORMATION FURNISHED TO THE |
233 | SMALL BUSINESS ADVOCATE; ANNUAL REPORTS.-- |
234 | (a) Each agency of the state shall furnish to the advocate |
235 | the reports, documents, and information that are public records |
236 | and that the director deems necessary to carry out his or her |
237 | functions under this chapter. |
238 | (b) The advocate shall prepare and submit a written annual |
239 | report to the Governor, the President of the Senate, and the |
240 | Speaker of the House of Representatives that describes the |
241 | activities and recommendations of the office. |
242 | Section 4. Subsection (2) of section 11.908, Florida |
243 | Statutes, is amended to read: |
244 | 11.908 Committee duties.--No later than March 1 of the |
245 | year in which a state agency or its advisory committees are |
246 | scheduled to be reviewed, the committee shall and the joint |
247 | committee may: |
248 | (2) Consult with the Legislative Budget Commission, the |
249 | Small Business Regulatory Advisory Council, relevant substantive |
250 | and appropriations committees of the Senate and the House of |
251 | Representatives, the Governor's Office of Policy and Budgeting, |
252 | the Auditor General, and the Chief Financial Officer, or their |
253 | successors, relating to the review of the agency and its |
254 | advisory committees. |
255 | Section 5. Paragraph (a) of subsection (2) of section |
256 | 11.911, Florida Statutes, is amended to read: |
257 | 11.911 Committee recommendations.-- |
258 | (2) In its report on a state agency, the joint committee |
259 | shall: |
260 | (a) Make recommendations on the abolition, continuation, |
261 | or reorganization of each state agency and its advisory |
262 | committees and on the need for the performance of the functions |
263 | of the agency and its advisory committees. If the committee |
264 | recommends continuation or reorganization, the committee shall |
265 | include in its recommendations the report of the Small Business |
266 | Regulatory Advisory Council, as provided in s. 288.7001, |
267 | regarding the rules of each agency. |
268 | Section 6. Subsection (1) of section 11.919, Florida |
269 | Statutes, is amended to read: |
270 | 11.919 Assistance of and access to state agencies.-- |
271 | (1) The committee and the Small Business Regulatory |
272 | Advisory Council may access or request information and request |
273 | the assistance of state agencies and officers. When assistance |
274 | is requested, a state agency or officer shall assist the |
275 | committee and the Small Business Regulatory Advisory Council. |
276 | Section 7. Paragraph (b) of subsection (3) of section |
277 | 120.54, Florida Statutes, is amended to read: |
278 | 120.54 Rulemaking.-- |
279 | (3) ADOPTION PROCEDURES.-- |
280 | (b) Special matters to be considered in rule adoption.-- |
281 | 1. Statement of estimated regulatory costs.--Prior to the |
282 | adoption, amendment, or repeal of any rule other than an |
283 | emergency rule, an agency is encouraged to prepare a statement |
284 | of estimated regulatory costs of the proposed rule, as provided |
285 | by s. 120.541. However, an agency shall prepare a statement of |
286 | estimated regulatory costs of the proposed rule, as provided by |
287 | s. 120.541, if the proposed rule will have an impact on small |
288 | business. |
289 | 2. Small businesses, small counties, and small cities.-- |
290 | a. Each agency, before the adoption, amendment, or repeal |
291 | of a rule, shall consider the impact of the rule on small |
292 | businesses as defined by s. 288.703 and the impact of the rule |
293 | on small counties or small cities as defined by s. 120.52. |
294 | Whenever practicable, an agency shall tier its rules to reduce |
295 | disproportionate impacts on small businesses, small counties, or |
296 | small cities to avoid regulating small businesses, small |
297 | counties, or small cities that do not contribute significantly |
298 | to the problem the rule is designed to address. An agency may |
299 | define "small business" to include businesses employing more |
300 | than 100 persons, may define "small county" to include those |
301 | with populations of more than 75,000, and may define "small |
302 | city" to include those with populations of more than 10,000, if |
303 | it finds that such a definition is necessary to adapt a rule to |
304 | the needs and problems of small businesses, small counties, or |
305 | small cities. The agency shall consider each of the following |
306 | methods for reducing the impact of the proposed rule on small |
307 | businesses, small counties, and small cities, or any combination |
308 | of these entities: |
309 | (I) Establishing less stringent compliance or reporting |
310 | requirements in the rule. |
311 | (II) Establishing less stringent schedules or deadlines in |
312 | the rule for compliance or reporting requirements. |
313 | (III) Consolidating or simplifying the rule's compliance |
314 | or reporting requirements. |
315 | (IV) Establishing performance standards or best-management |
316 | practices to replace design or operational standards in the |
317 | rule. |
318 | (V) Exempting small businesses, small counties, or small |
319 | cities from any or all requirements of the rule. |
320 | b.(I) If the agency determines that the proposed action |
321 | will affect small businesses as defined by the agency as |
322 | provided in sub-subparagraph a., the agency shall send written |
323 | notice of the rule to the Small Business Regulatory Advisory |
324 | Council and small business ombudsman of the Office of Tourism, |
325 | Trade, and Economic Development not less than 28 days prior to |
326 | the intended action. |
327 | (II) Each agency shall adopt those regulatory alternatives |
328 | offered by the Small Business Regulatory Advisory Council small |
329 | business ombudsman and provided to the agency no later than 21 |
330 | days after the council's ombudsman's receipt of the written |
331 | notice of the rule which it finds are feasible and consistent |
332 | with the stated objectives of the proposed rule and which would |
333 | reduce the impact on small businesses. When regulatory |
334 | alternatives are offered by the Small Business Regulatory |
335 | Advisory Council small business ombudsman, the 90-day period for |
336 | filing the rule in subparagraph (e)2. is extended for a period |
337 | of 21 days. |
338 | (III) If an agency does not adopt all alternatives offered |
339 | pursuant to this sub-subparagraph, it shall, prior to rule |
340 | adoption or amendment and pursuant to subparagraph (d)1., file a |
341 | detailed written statement with the committee explaining the |
342 | reasons for failure to adopt such alternatives. Within 3 working |
343 | days of the filing of such notice, the agency shall send a copy |
344 | of such notice to the Small Business Regulatory Advisory Council |
345 | small business ombudsman. The Small Business Regulatory Advisory |
346 | Council may make a request of the President of the Senate and |
347 | the Speaker of the House of Representatives that the presiding |
348 | officers direct the Office of Program Policy Analysis and |
349 | Government Accountability to determine whether the rejected |
350 | alternatives reduce the impact on small business while meeting |
351 | the stated objectives of the proposed rule. Within 60 days after |
352 | the date of the directive from the presiding officers, the |
353 | Office of Program Policy Analysis and Government Accountability |
354 | shall report to the Administrative Procedures Committee its |
355 | findings as to whether an alternative reduces the impact on |
356 | small business while meeting the stated objectives of the |
357 | proposed rule. The Office of Program Policy Analysis and |
358 | Government Accountability shall consider the proposed rule, the |
359 | economic impact statement, the written statement of the agency, |
360 | the proposed alternatives, and any comment submitted during the |
361 | comment period on the proposed rule. The Office of Program |
362 | Policy Analysis and Government Accountability shall submit a |
363 | report of its findings and recommendations to the Governor, the |
364 | President of the Senate, and the Speaker of the House of |
365 | Representatives. The Administrative Procedures Committee shall |
366 | report such findings to the agency, and the agency shall respond |
367 | in writing to the Administrative Procedures Committee if the |
368 | Office of Program Policy Analysis and Government Accountability |
369 | found that the alternative reduced the impact on small business |
370 | while meeting the stated objectives of the proposed rule. If the |
371 | agency will not adopt the alternative, it must also provide a |
372 | detailed written statement to the committee as to why it will |
373 | not adopt the alternative. |
374 | Section 8. Section 120.74, Florida Statutes, is amended to |
375 | read: |
376 | 120.74 Agency review, revision, and report.-- |
377 | (1) Each agency shall review and revise its rules as often |
378 | as necessary to ensure that its rules are correct and comply |
379 | with statutory requirements. Additionally, each agency shall |
380 | perform a formal review of its rules every 2 years. In the |
381 | review, each agency must: |
382 | (a) Identify and correct deficiencies in its rules; |
383 | (b) Clarify and simplify its rules; |
384 | (c) Delete obsolete or unnecessary rules; |
385 | (d) Delete rules that are redundant of statutes; |
386 | (e) Seek to improve efficiency, reduce paperwork, or |
387 | decrease costs to government and the private sector; and |
388 | (f) Contact agencies that have concurrent or overlapping |
389 | jurisdiction to determine whether their rules can be coordinated |
390 | to promote efficiency, reduce paperwork, or decrease costs to |
391 | government and the private sector; and. |
392 | (g) Determine whether the rules should be continued |
393 | without change or should be amended or repealed to reduce the |
394 | impact on small business while meeting the stated objectives of |
395 | the proposed rule. |
396 | (2) Beginning October 1, 1997, and by October 1 of every |
397 | other year thereafter, the head of each agency shall file a |
398 | report with the President of the Senate, the Speaker of the |
399 | House of Representatives, and the committee, with a copy to each |
400 | appropriate standing committee of the Legislature, which |
401 | certifies that the agency has complied with the requirements of |
402 | this subsection. The report must specify any changes made to its |
403 | rules as a result of the review and, when appropriate, recommend |
404 | statutory changes that will promote efficiency, reduce |
405 | paperwork, or decrease costs to government and the private |
406 | sector. The report must specifically address the economic impact |
407 | of the rules on small business. The report must identify the |
408 | types of cases or disputes in which the agency is involved which |
409 | should be conducted under the summary hearing process described |
410 | in s. 120.574. |
411 | Section 9. This act shall take effect July 1, 2008. |