HB 7047

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

CODING: Words stricken are deletions; words underlined are additions.