Florida Senate - 2009 SB 2188
By Senator Joyner
18-00156A-09 20092188__
1 A bill to be entitled
2 An act relating to administrative procedures; amending
3 s. 120.52, F.S.; revising the definition of the term
4 “agency” for purposes of ch. 120, F.S.; amending s.
5 120.525, F.S.; requiring each agency to give notice of
6 public meetings, hearings, and workshops on the
7 agency's website; requiring each agency to publish
8 agendas on the agency's website; amending s. 120.54,
9 F.S.; revising the definition of the term “small
10 business” with regard to special matters to be
11 considered by an agency in rule adoption; requiring an
12 agency to ensure that persons responsible for
13 preparing a proposed rule be available at a public
14 hearing regarding the proposed rule; requiring that
15 certain materials submitted to the agency on or before
16 the date of the final public hearing be considered by
17 the agency and made a part of the record of the
18 rulemaking proceeding; requiring that a change to a
19 proposed rule be in response to written materials
20 submitted to the agency within a specified time after
21 the date of publication of the notice of intended
22 agency action or submitted to the agency on or before
23 the date of the final public hearing; requiring that a
24 proposed rule become effective on a date specified in
25 the notice of the agency's intended action; requiring
26 that the statement of an agency's organization and
27 operations be published on the agency's website;
28 providing that a rule that adopts federal standards
29 becomes effective upon the date designated by the
30 agency in the notice of intent to adopt the rule;
31 amending s. 120.80, F.S.; deleting a provision that
32 prohibits the Department of Environmental Protection
33 from adopting the lowest regulatory cost alternative
34 under certain circumstances; providing an effective
35 date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Subsection (1) of section 120.52, Florida
40 Statutes, is amended to read:
41 120.52 Definitions.—As used in this act:
42 (1) “Agency” means the following officers or governmental
43 entities when acting pursuant to statutory authority:
44 (a) The Governor; each state officer and state department,
45 and each departmental unit described in s. 20.04; the Board of
46 Governors of the State University System; the Commission on
47 Ethics; the Fish and Wildlife Conservation Commission; a
48 regional water supply authority; a regional planning agency; a
49 multicounty special district, but only when a majority of its
50 governing board is comprised of nonelected persons; educational
51 units; and each entity described in chapters 163, 373, 380, and
52 582 and s. 186.504 in the exercise of all executive powers other
53 than those derived from the constitution.
54 (b) Each officer and governmental entity in the state
55 having statewide jurisdiction or jurisdiction in more than one
56 county.:
57 1. State officer and state department, and each
58 departmental unit described in s. 20.04.
59 2. Authority, including a regional water supply authority.
60 3. Board, including the Board of Governors of the State
61 University System and a state university board of trustees when
62 acting pursuant to statutory authority derived from the
63 Legislature.
64 4. Commission, including the Commission on Ethics and the
65 Fish and Wildlife Conservation Commission when acting pursuant
66 to statutory authority derived from the Legislature.
67 5. Regional planning agency.
68 6. Multicounty special district with a majority of its
69 governing board comprised of nonelected persons.
70 7. Educational units.
71 8. Entity described in chapters 163, 373, 380, and 582 and
72 s. 186.504.
73 (c) Each officer and governmental entity in the state
74 having jurisdiction in one county or less than one county other
75 unit of government in the state, including counties and
76 municipalities, to the extent they are expressly made subject to
77 this act by general or special law or existing judicial
78 decisions.
79
80 This definition does not include any legal entity or agency
81 created in whole or in part pursuant to part II of chapter 361;,
82 part II, any metropolitan planning organization created pursuant
83 to s. 339.175;, any separate legal or administrative entity
84 created pursuant to s. 339.175 of which a metropolitan planning
85 organization is a member;, an expressway authority pursuant to
86 chapter 348 or transportation authority under chapter 349; or,
87 any legal or administrative entity created by an interlocal
88 agreement pursuant to s. 163.01(7), unless any party to such
89 agreement is otherwise an agency as defined in this subsection,
90 or any multicounty special district with a majority of its
91 governing board comprised of elected persons; however, this
92 definition shall include a regional water supply authority.
93 Section 2. Subsections (1) and (2) of section 120.525,
94 Florida Statutes, are amended to read:
95 120.525 Meetings, hearings, and workshops.—
96 (1) Except in the case of emergency meetings, each agency
97 shall give notice of public meetings, hearings, and workshops by
98 publication in the Florida Administrative Weekly and on the
99 agency's website not less than 7 days before the event. The
100 notice shall include a statement of the general subject matter
101 to be considered.
102 (2) An agenda shall be prepared by the agency in time to
103 ensure that a copy of the agenda may be received at least 7 days
104 before the event by any person in the state who requests a copy
105 and who pays the reasonable cost of the copy. The agenda, along
106 with any available meeting materials, shall be published on the
107 agency’s website. The agenda shall contain the items to be
108 considered in order of presentation. After the agenda has been
109 made available, a change shall be made only for good cause, as
110 determined by the person designated to preside, and stated in
111 the record. Notification of such change shall be at the earliest
112 practicable time.
113 Section 3. Subsection (3), paragraph (b) of subsection (5),
114 and paragraph (b) of subsection (6) of section 120.54, Florida
115 Statutes, are amended to read:
116 120.54 Rulemaking.—
117 (3) ADOPTION PROCEDURES.—
118 (a) Notices.—
119 1. Prior to the adoption, amendment, or repeal of any rule
120 other than an emergency rule, an agency, upon approval of the
121 agency head, shall give notice of its intended action, setting
122 forth a short, plain explanation of the purpose and effect of
123 the proposed action; the full text of the proposed rule or
124 amendment and a summary thereof; a reference to the grant of
125 rulemaking authority pursuant to which the rule is adopted; and
126 a reference to the section or subsection of the Florida Statutes
127 or the Laws of Florida being implemented or interpreted. The
128 notice must include a summary of the agency’s statement of the
129 estimated regulatory costs, if one has been prepared, based on
130 the factors set forth in s. 120.541(2), and a statement that any
131 person who wishes to provide the agency with information
132 regarding the statement of estimated regulatory costs, or to
133 provide a proposal for a lower cost regulatory alternative as
134 provided by s. 120.541(1), must do so in writing within 21 days
135 after publication of the notice. The notice must state the
136 procedure for requesting a public hearing on the proposed rule.
137 Except when the intended action is the repeal of a rule, the
138 notice must include a reference both to the date on which and to
139 the place where the notice of rule development that is required
140 by subsection (2) appeared.
141 2. The notice shall be published in the Florida
142 Administrative Weekly not less than 28 days prior to the
143 intended action. The proposed rule shall be available for
144 inspection and copying by the public at the time of the
145 publication of notice.
146 3. The notice shall be mailed to all persons named in the
147 proposed rule and to all persons who, at least 14 days prior to
148 such mailing, have made requests of the agency for advance
149 notice of its proceedings. The agency shall also give such
150 notice as is prescribed by rule to those particular classes of
151 persons to whom the intended action is directed.
152 4. The adopting agency shall file with the committee, at
153 least 21 days prior to the proposed adoption date, a copy of
154 each rule it proposes to adopt; a copy of any material
155 incorporated by reference in the rule; a detailed written
156 statement of the facts and circumstances justifying the proposed
157 rule; a copy of any statement of estimated regulatory costs that
158 has been prepared pursuant to s. 120.541; a statement of the
159 extent to which the proposed rule relates to federal standards
160 or rules on the same subject; and the notice required by
161 subparagraph 1.
162 (b) Special matters to be considered in rule adoption.—
163 1. Statement of estimated regulatory costs.—Prior to the
164 adoption, amendment, or repeal of any rule other than an
165 emergency rule, an agency is encouraged to prepare a statement
166 of estimated regulatory costs of the proposed rule, as provided
167 by s. 120.541. However, an agency shall prepare a statement of
168 estimated regulatory costs of the proposed rule, as provided by
169 s. 120.541, if the proposed rule will have an impact on small
170 business.
171 2. Small businesses, small counties, and small cities.—
172 a. Each agency, before the adoption, amendment, or repeal
173 of a rule, shall consider the impact of the rule on small
174 businesses as defined by s. 288.703 and the impact of the rule
175 on small counties or small cities as defined by s. 120.52.
176 Whenever practicable, an agency shall tier its rules to reduce
177 disproportionate impacts on small businesses, small counties, or
178 small cities to avoid regulating small businesses, small
179 counties, or small cities that do not contribute significantly
180 to the problem the rule is designed to address. An agency may
181 define “small business” to include businesses employing more
182 than 200 100 persons, may define “small county” to include those
183 with populations of more than 75,000, and may define “small
184 city” to include those with populations of more than 10,000, if
185 it finds that such a definition is necessary to adapt a rule to
186 the needs and problems of small businesses, small counties, or
187 small cities. The agency shall consider each of the following
188 methods for reducing the impact of the proposed rule on small
189 businesses, small counties, and small cities, or any combination
190 of these entities:
191 (I) Establishing less stringent compliance or reporting
192 requirements in the rule.
193 (II) Establishing less stringent schedules or deadlines in
194 the rule for compliance or reporting requirements.
195 (III) Consolidating or simplifying the rule’s compliance or
196 reporting requirements.
197 (IV) Establishing performance standards or best-management
198 practices to replace design or operational standards in the
199 rule.
200 (V) Exempting small businesses, small counties, or small
201 cities from any or all requirements of the rule.
202 b.(I) If the agency determines that the proposed action
203 will affect small businesses as defined by the agency as
204 provided in sub-subparagraph a., the agency shall send written
205 notice of the rule to the Small Business Regulatory Advisory
206 Council and the Office of Tourism, Trade, and Economic
207 Development not less than 28 days prior to the intended action.
208 (II) Each agency shall adopt those regulatory alternatives
209 offered by the Small Business Regulatory Advisory Council and
210 provided to the agency no later than 21 days after the council’s
211 receipt of the written notice of the rule which it finds are
212 feasible and consistent with the stated objectives of the
213 proposed rule and which would reduce the impact on small
214 businesses. When regulatory alternatives are offered by the
215 Small Business Regulatory Advisory Council, the 90-day period
216 for filing the rule in subparagraph (e)2. is extended for a
217 period of 21 days.
218 (III) If an agency does not adopt all alternatives offered
219 pursuant to this sub-subparagraph, it shall, prior to rule
220 adoption or amendment and pursuant to subparagraph (d)1., file a
221 detailed written statement with the committee explaining the
222 reasons for failure to adopt such alternatives. Within 3 working
223 days of the filing of such notice, the agency shall send a copy
224 of such notice to the Small Business Regulatory Advisory
225 Council. The Small Business Regulatory Advisory Council may make
226 a request of the President of the Senate and the Speaker of the
227 House of Representatives that the presiding officers direct the
228 Office of Program Policy Analysis and Government Accountability
229 to determine whether the rejected alternatives reduce the impact
230 on small business while meeting the stated objectives of the
231 proposed rule. Within 60 days after the date of the directive
232 from the presiding officers, the Office of Program Policy
233 Analysis and Government Accountability shall report to the
234 Administrative Procedures Committee its findings as to whether
235 an alternative reduces the impact on small business while
236 meeting the stated objectives of the proposed rule. The Office
237 of Program Policy Analysis and Government Accountability shall
238 consider the proposed rule, the economic impact statement, the
239 written statement of the agency, the proposed alternatives, and
240 any comment submitted during the comment period on the proposed
241 rule. The Office of Program Policy Analysis and Government
242 Accountability shall submit a report of its findings and
243 recommendations to the Governor, the President of the Senate,
244 and the Speaker of the House of Representatives. The
245 Administrative Procedures Committee shall report such findings
246 to the agency, and the agency shall respond in writing to the
247 Administrative Procedures Committee if the Office of Program
248 Policy Analysis and Government Accountability found that the
249 alternative reduced the impact on small business while meeting
250 the stated objectives of the proposed rule. If the agency will
251 not adopt the alternative, it must also provide a detailed
252 written statement to the committee as to why it will not adopt
253 the alternative.
254 (c) Hearings.—
255 1. If the intended action concerns any rule other than one
256 relating exclusively to procedure or practice, the agency shall,
257 on the request of any affected person received within 21 days
258 after the date of publication of the notice of intended agency
259 action, give affected persons an opportunity to present evidence
260 and argument on all issues under consideration. The agency may
261 schedule a public hearing on the rule and, if requested by any
262 affected person, shall schedule a public hearing on the rule.
263 When a public hearing is held, the agency must ensure that the
264 persons responsible for preparing the proposed rule are
265 available to explain the agency's proposal and to respond to
266 questions or comments regarding the rule. If the agency head is
267 a board or other collegial body created under s. 20.165(4) or s.
268 20.43(3)(g), and one or more requested public hearings is
269 scheduled, the board or other collegial body shall conduct at
270 least one of the public hearings itself and may not delegate
271 this responsibility without the consent of those persons
272 requesting the public hearing. Any material pertinent to the
273 issues under consideration submitted to the agency within 21
274 days after the date of publication of the notice or submitted to
275 the agency on or before the date of the final at a public
276 hearing shall be considered by the agency and made a part of the
277 record of the rulemaking proceeding.
278 2. Rulemaking proceedings shall be governed solely by the
279 provisions of this section unless a person timely asserts that
280 the person’s substantial interests will be affected in the
281 proceeding and affirmatively demonstrates to the agency that the
282 proceeding does not provide adequate opportunity to protect
283 those interests. If the agency determines that the rulemaking
284 proceeding is not adequate to protect the person’s interests, it
285 shall suspend the rulemaking proceeding and convene a separate
286 proceeding under the provisions of ss. 120.569 and 120.57.
287 Similarly situated persons may be requested to join and
288 participate in the separate proceeding. Upon conclusion of the
289 separate proceeding, the rulemaking proceeding shall be resumed.
290 (d) Modification or withdrawal of proposed rules.—
291 1. After the final public hearing on the proposed rule, or
292 after the time for requesting a hearing has expired, if the rule
293 has not been changed from the rule as previously filed with the
294 committee, or contains only technical changes, the adopting
295 agency shall file a notice to that effect with the committee at
296 least 7 days prior to filing the rule for adoption. Any change,
297 other than a technical change that does not affect the substance
298 of the rule, must be supported by the record of public hearings
299 held on the rule, must be in response to written material
300 submitted to the agency within 21 days after the date of
301 publication of the notice of intended agency action or submitted
302 to the agency received on or before the date of the final public
303 hearing, or must be in response to a proposed objection by the
304 committee. In addition, when any change is made in a proposed
305 rule, other than a technical change, the adopting agency shall
306 provide a copy of a notice of change by certified mail or actual
307 delivery to any person who requests it in writing no later than
308 21 days after the notice required in paragraph (a). The agency
309 shall file the notice of change with the committee, along with
310 the reasons for the change, and provide the notice of change to
311 persons requesting it, at least 21 days prior to filing the rule
312 for adoption. The notice of change shall be published in the
313 Florida Administrative Weekly at least 21 days prior to filing
314 the rule for adoption. This subparagraph does not apply to
315 emergency rules adopted pursuant to subsection (4).
316 2. After the notice required by paragraph (a) and prior to
317 adoption, the agency may withdraw the rule in whole or in part.
318 3. After adoption and before the effective date, a rule may
319 be modified or withdrawn only in response to an objection by the
320 committee or may be modified to extend the effective date by not
321 more than 60 days when the committee has notified the agency
322 that an objection to the rule is being considered.
323 4. The agency shall give notice of its decision to withdraw
324 or modify a rule in the first available issue of the publication
325 in which the original notice of rulemaking was published, shall
326 notify those persons described in subparagraph (a)3. in
327 accordance with the requirements of that subparagraph, and shall
328 notify the Department of State if the rule is required to be
329 filed with the Department of State.
330 5. After a rule has become effective, it may be repealed or
331 amended only through the rulemaking procedures specified in this
332 chapter.
333 (e) Filing for final adoption; effective date.—
334 1. If the adopting agency is required to publish its rules
335 in the Florida Administrative Code, the agency, upon approval of
336 the agency head, shall file with the Department of State three
337 certified copies of the rule it proposes to adopt; one copy of
338 any material incorporated by reference in the rule, certified by
339 the agency; a summary of the rule; a summary of any hearings
340 held on the rule; and a detailed written statement of the facts
341 and circumstances justifying the rule. Agencies not required to
342 publish their rules in the Florida Administrative Code shall
343 file one certified copy of the proposed rule, and the other
344 material required by this subparagraph, in the office of the
345 agency head, and such rules shall be open to the public.
346 2. A rule may not be filed for adoption less than 28 days
347 or more than 90 days after the notice required by paragraph (a),
348 until 21 days after the notice of change required by paragraph
349 (d), until 14 days after the final public hearing, until 21 days
350 after a statement of estimated regulatory costs required under
351 s. 120.541 has been provided to all persons who submitted a
352 lower cost regulatory alternative and made available to the
353 public, or until the administrative law judge has rendered a
354 decision under s. 120.56(2), whichever applies. When a required
355 notice of change is published prior to the expiration of the
356 time to file the rule for adoption, the period during which a
357 rule must be filed for adoption is extended to 45 days after the
358 date of publication. If notice of a public hearing is published
359 prior to the expiration of the time to file the rule for
360 adoption, the period during which a rule must be filed for
361 adoption is extended to 45 days after adjournment of the final
362 hearing on the rule, 21 days after receipt of all material
363 authorized to be submitted at the hearing, or 21 days after
364 receipt of the transcript, if one is made, whichever is latest.
365 The term “public hearing” includes any public meeting held by
366 any agency at which the rule is considered. If a petition for an
367 administrative determination under s. 120.56(2) is filed, the
368 period during which a rule must be filed for adoption is
369 extended to 60 days after the administrative law judge files the
370 final order with the clerk or until 60 days after subsequent
371 judicial review is complete.
372 3. At the time a rule is filed, the agency shall certify
373 that the time limitations prescribed by this paragraph have been
374 complied with, that all statutory rulemaking requirements have
375 been met, and that there is no administrative determination
376 pending on the rule.
377 4. At the time a rule is filed, the committee shall certify
378 whether the agency has responded in writing to all material and
379 timely written comments or written inquiries made on behalf of
380 the committee. The department shall reject any rule that is not
381 filed within the prescribed time limits; that does not comply
382 with all statutory rulemaking requirements and rules of the
383 department; upon which an agency has not responded in writing to
384 all material and timely written inquiries or written comments;
385 upon which an administrative determination is pending; or which
386 does not include a statement of estimated regulatory costs, if
387 required.
388 5. If a rule has not been adopted within the time limits
389 imposed by this paragraph or has not been adopted in compliance
390 with all statutory rulemaking requirements, the agency proposing
391 the rule shall withdraw the rule and give notice of its action
392 in the next available issue of the Florida Administrative
393 Weekly.
394 6. The proposed rule shall be adopted on being filed with
395 the Department of State and become effective 20 days after being
396 filed, on a later date specified in the notice required by
397 subparagraph (a)1. rule, or on a date required by statute. Rules
398 not required to be filed with the Department of State shall
399 become effective when adopted by the agency head or on a later
400 date specified by rule or statute. If the committee notifies an
401 agency that an objection to a rule is being considered, the
402 agency may postpone the adoption of the rule to accommodate
403 review of the rule by the committee. When an agency postpones
404 adoption of a rule to accommodate review by the committee, the
405 90-day period for filing the rule is tolled until the committee
406 notifies the agency that it has completed its review of the
407 rule.
408
409 For the purposes of this paragraph, the term “administrative
410 determination” does not include subsequent judicial review.
411 (5) UNIFORM RULES.—
412 (b) The uniform rules of procedure adopted by the
413 commission pursuant to this subsection shall include, but are
414 not limited to:
415 1. Uniform rules for the scheduling of public meetings,
416 hearings, and workshops.
417 2. Uniform rules for use by each state agency that provide
418 procedures for conducting public meetings, hearings, and
419 workshops, and for taking evidence, testimony, and argument at
420 such public meetings, hearings, and workshops, in person and by
421 means of communications media technology. The rules shall
422 provide that all evidence, testimony, and argument presented
423 shall be afforded equal consideration, regardless of the method
424 of communication. If a public meeting, hearing, or workshop is
425 to be conducted by means of communications media technology, or
426 if attendance may be provided by such means, the notice shall so
427 state. The notice for public meetings, hearings, and workshops
428 utilizing communications media technology shall state how
429 persons interested in attending may do so and shall name
430 locations, if any, where communications media technology
431 facilities will be available. Nothing in this paragraph shall be
432 construed to diminish the right to inspect public records under
433 chapter 119. Limiting points of access to public meetings,
434 hearings, and workshops subject to the provisions of s. 286.011
435 to places not normally open to the public shall be presumed to
436 violate the right of access of the public, and any official
437 action taken under such circumstances is void and of no effect.
438 Other laws relating to public meetings, hearings, and workshops,
439 including penal and remedial provisions, shall apply to public
440 meetings, hearings, and workshops conducted by means of
441 communications media technology, and shall be liberally
442 construed in their application to such public meetings,
443 hearings, and workshops. As used in this subparagraph,
444 “communications media technology” means the electronic
445 transmission of printed matter, audio, full-motion video,
446 freeze-frame video, compressed video, and digital video by any
447 method available.
448 3. Uniform rules of procedure for the filing of notice of
449 protests and formal written protests. The Administration
450 Commission may prescribe the form and substantive provisions of
451 a required bond.
452 4. Uniform rules of procedure for the filing of petitions
453 for administrative hearings pursuant to s. 120.569 or s. 120.57.
454 Such rules shall require the petition to include:
455 a. The identification of the petitioner.
456 b. A statement of when and how the petitioner received
457 notice of the agency’s action or proposed action.
458 c. An explanation of how the petitioner’s substantial
459 interests are or will be affected by the action or proposed
460 action.
461 d. A statement of all material facts disputed by the
462 petitioner or a statement that there are no disputed facts.
463 e. A statement of the ultimate facts alleged, including a
464 statement of the specific facts the petitioner contends warrant
465 reversal or modification of the agency’s proposed action.
466 f. A statement of the specific rules or statutes that the
467 petitioner contends require reversal or modification of the
468 agency’s proposed action, including an explanation of how the
469 alleged facts relate to the specific rules or statutes.
470 g. A statement of the relief sought by the petitioner,
471 stating precisely the action petitioner wishes the agency to
472 take with respect to the proposed action.
473 5. Uniform rules for the filing of request for
474 administrative hearing by a respondent in agency enforcement and
475 disciplinary actions. Such rules shall require a request to
476 include:
477 a. The name, address, and telephone number of the party
478 making the request and the name, address, and telephone number
479 of the party’s counsel or qualified representative upon whom
480 service of pleadings and other papers shall be made;
481 b. A statement that the respondent is requesting an
482 administrative hearing and disputes the material facts alleged
483 by the petitioner, in which case the respondent shall identify
484 those material facts that are in dispute, or that the respondent
485 is requesting an administrative hearing and does not dispute the
486 material facts alleged by the petitioner; and
487 c. A reference by file number to the administrative
488 complaint that the party has received from the agency and the
489 date on which the agency pleading was received.
490
491 The agency may provide an election-of-rights form for the
492 respondent’s use in requesting a hearing, so long as any form
493 provided by the agency calls for the information in sub
494 subparagraphs a. through c. and does not impose any additional
495 requirements on a respondent in order to request a hearing,
496 unless such requirements are specifically authorized by law.
497 6. Uniform rules of procedure for the filing and prompt
498 disposition of petitions for declaratory statements. The rules
499 shall also describe the contents of the notices that must be
500 published in the Florida Administrative Weekly under s. 120.565,
501 including any applicable time limit for the filing of petitions
502 to intervene or petitions for administrative hearing by persons
503 whose substantial interests may be affected.
504 7. Provision of a method by which each agency head shall
505 provide a description of the agency’s organization and general
506 course of its operations. The rules shall require that the
507 statement concerning the agency’s organization and operations be
508 published on the agency’s website.
509 8. Uniform rules establishing procedures for granting or
510 denying petitions for variances and waivers pursuant to s.
511 120.542.
512 (6) ADOPTION OF FEDERAL STANDARDS.—Notwithstanding any
513 contrary provision of this section, in the pursuance of state
514 implementation, operation, or enforcement of federal programs,
515 an agency is empowered to adopt rules substantively identical to
516 regulations adopted pursuant to federal law, in accordance with
517 the following procedures:
518 (b) Any rule adopted pursuant to this subsection shall
519 become effective upon the date designated in the rule by the
520 agency in the notice of intent to adopt a rule; however, no such
521 rule shall become effective earlier than the effective date of
522 the substantively identical federal regulation.
523 Section 4. Subsections (16) and (17) of section 120.80,
524 Florida Statutes, are amended to read:
525 120.80 Exceptions and special requirements; agencies.—
526 (16) DEPARTMENT OF ENVIRONMENTAL PROTECTION.
527 Notwithstanding the provisions of s. 120.54(1)(d), the
528 Department of Environmental Protection, in undertaking
529 rulemaking to establish best available control technology,
530 lowest achievable emissions rate, or case-by-case maximum
531 available control technology for purposes of s. 403.08725, shall
532 not adopt the lowest regulatory cost alternative if such
533 adoption would prevent the agency from implementing federal
534 requirements.
535 (16)(17) FLORIDA BUILDING COMMISSION.—
536 (a) Notwithstanding the provisions of s. 120.542, the
537 Florida Building Commission may not accept a petition for waiver
538 or variance and may not grant any waiver or variance from the
539 requirements of the Florida Building Code.
540 (b) The Florida Building Commission shall adopt within the
541 Florida Building Code criteria and procedures for alternative
542 means of compliance with the code or local amendments thereto,
543 for enforcement by local governments, local enforcement
544 districts, or other entities authorized by law to enforce the
545 Florida Building Code. Appeals from the denial of the use of
546 alternative means shall be heard by the local board, if one
547 exists, and may be appealed to the Florida Building Commission.
548 (c) Notwithstanding ss. 120.565, 120.569, and 120.57, the
549 Florida Building Commission and hearing officer panels appointed
550 by the commission in accordance with s. 553.775(3)(c)1. may
551 conduct proceedings to review decisions of local building code
552 officials in accordance with s. 553.775(3)(c).
553 Section 5. This act shall take effect July 1, 2009.