CS/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 staff are available at a public hearing regarding the
13	proposed rule; requiring that certain materials submitted
14	to the agency between the date of publication of the
15	notice and the end 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 between the date of
22	publication of the notice and the end of the final public
23	hearing; providing for a proposed rule to become effective
24	on a date specified in the notice of the agency's intended
25	action; requiring that the statement of an agency's
26	organization and operations be published on the agency's
27	website; providing that a rule that adopts federal
28	standards becomes effective upon the date designated by
29	the agency in the notice of intent to adopt the rule;
30	amending s. 120.80, F.S.; deleting a provision that
31	prohibits the Department of Environmental Protection from
32	adopting the lowest regulatory cost alternative under
33	certain circumstances; clarifying that the amendment to
34	the definition of "agency" in s. 120.52, F.S., is not
35	intended to effect a substantive change; authorizing an
36	agency to grant a petition for a variance or waiver to a
37	rule requiring commencement of specified projects;
38	providing conditions for granting such a variance or
39	waiver; requiring petitions for such a variance or waiver
40	to be submitted by a specified date; providing an
41	effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1.  Subsection (1) of section 120.52, Florida
46	Statutes, is amended to read:
47	120.52  Definitions.--As used in this act:
48	(1)  "Agency" means the following officers or governmental
49	entities when acting pursuant to powers other than those derived
50	from the constitution:
51	(a)  The Governor; each state officer and state department,
52	and each departmental unit described in s. 20.04; the Board of
53	Governors of the State University System; the Commission on
54	Ethics; the Fish and Wildlife Conservation Commission; a
55	regional water supply authority; a regional planning agency; a
56	multicounty special district, but only when a majority of its
57	governing board is comprised of nonelected persons; educational
58	units; and each entity described in chapters 163, 373, 380, and
59	582 and s. 186.504 in the exercise of all executive powers other
60	than those derived from the constitution.
61	(b)  Each officer and governmental entity in the state
62	having statewide jurisdiction or jurisdiction in more than one
63	county.:
64	1.  State officer and state department, and each
65	departmental unit described in s. 20.04.
66	2.  Authority, including a regional water supply authority.
67	3.  Board, including the Board of Governors of the State
68	University System and a state university board of trustees when
69	acting pursuant to statutory authority derived from the
70	Legislature.
71	4.  Commission, including the Commission on Ethics and the
72	Fish and Wildlife Conservation Commission when acting pursuant
73	to statutory authority derived from the Legislature.
74	5.  Regional planning agency.
75	6.  Multicounty special district with a majority of its
76	governing board comprised of nonelected persons.
77	7.  Educational units.
78	8.  Entity described in chapters 163, 373, 380, and 582 and
79	s. 186.504.
80	(c)  Each officer and governmental entity in the state
81	having jurisdiction in one county or less than one county other
82	unit of government in the state, including counties and
83	municipalities, to the extent they are expressly made subject to
84	this act by general or special law or existing judicial
85	decisions.
86
87	This definition does not include any municipality or legal
88	entity created solely by a municipality; any legal entity or
89	agency created in whole or in part pursuant to part II of
90	chapter 361;, part II, any metropolitan planning organization
91	created pursuant to s. 339.175;, any separate legal or
92	administrative entity created pursuant to s. 339.175 of which a
93	metropolitan planning organization is a member;, an expressway
94	authority pursuant to chapter 348 or transportation authority
95	under chapter 349; or, any legal or administrative entity
96	created by an interlocal agreement pursuant to s. 163.01(7),
97	unless any party to such agreement is otherwise an agency as
98	defined in this subsection, or any multicounty special district
99	with a majority of its governing board comprised of elected
100	persons; however, this definition shall include a regional water
101	supply authority.
102	Section 2.  Subsections (1) and (2) of section 120.525,
103	Florida Statutes, are amended to read:
104	120.525  Meetings, hearings, and workshops.--
105	(1)  Except in the case of emergency meetings, each agency
106	shall give notice of public meetings, hearings, and workshops by
107	publication in the Florida Administrative Weekly and on the
108	agency's website not less than 7 days before the event. The
109	notice shall include a statement of the general subject matter
110	to be considered.
111	(2)  An agenda shall be prepared by the agency in time to
112	ensure that a copy of the agenda may be received at least 7 days
113	before the event by any person in the state who requests a copy
114	and who pays the reasonable cost of the copy. The agenda, along
115	with any meeting materials available in electronic form that
116	exclude confidential or exempt information, shall be published
117	on the agency's website. The agenda shall contain the items to
118	be considered in order of presentation. After the agenda has
119	been made available, a change shall be made only for good cause,
120	as determined by the person designated to preside, and stated in
121	the record. Notification of such change shall be at the earliest
122	practicable time.
123	Section 3.  Subsection (3), paragraph (b) of subsection
124	(5), and paragraph (b) of subsection (6) of section 120.54,
125	Florida Statutes, are amended to read:
126	120.54  Rulemaking.--
127	(3)  ADOPTION PROCEDURES.--
128	(a)  Notices.--
129	1.  Prior to the adoption, amendment, or repeal of any rule
130	other than an emergency rule, an agency, upon approval of the
131	agency head, shall give notice of its intended action, setting
132	forth a short, plain explanation of the purpose and effect of
133	the proposed action; the full text of the proposed rule or
134	amendment and a summary thereof; a reference to the grant of
135	rulemaking authority pursuant to which the rule is adopted; and
136	a reference to the section or subsection of the Florida Statutes
137	or the Laws of Florida being implemented or interpreted. The
138	notice must include a summary of the agency's statement of the
139	estimated regulatory costs, if one has been prepared, based on
140	the factors set forth in s. 120.541(2), and a statement that any
141	person who wishes to provide the agency with information
142	regarding the statement of estimated regulatory costs, or to
143	provide a proposal for a lower cost regulatory alternative as
144	provided by s. 120.541(1), must do so in writing within 21 days
145	after publication of the notice. The notice must state the
146	procedure for requesting a public hearing on the proposed rule.
147	Except when the intended action is the repeal of a rule, the
148	notice must include a reference both to the date on which and to
149	the place where the notice of rule development that is required
150	by subsection (2) appeared.
151	2.  The notice shall be published in the Florida
152	Administrative Weekly not less than 28 days prior to the
153	intended action. The proposed rule shall be available for
154	inspection and copying by the public at the time of the
155	publication of notice.
156	3.  The notice shall be mailed to all persons named in the
157	proposed rule and to all persons who, at least 14 days prior to
158	such mailing, have made requests of the agency for advance
159	notice of its proceedings. The agency shall also give such
160	notice as is prescribed by rule to those particular classes of
161	persons to whom the intended action is directed.
162	4.  The adopting agency shall file with the committee, at
163	least 21 days prior to the proposed adoption date, a copy of
164	each rule it proposes to adopt; a copy of any material
165	incorporated by reference in the rule; a detailed written
166	statement of the facts and circumstances justifying the proposed
167	rule; a copy of any statement of estimated regulatory costs that
168	has been prepared pursuant to s. 120.541; a statement of the
169	extent to which the proposed rule relates to federal standards
170	or rules on the same subject; and the notice required by
171	subparagraph 1.
172	(b)  Special matters to be considered in rule adoption.--
173	1.  Statement of estimated regulatory costs.--Prior to the
174	adoption, amendment, or repeal of any rule other than an
175	emergency rule, an agency is encouraged to prepare a statement
176	of estimated regulatory costs of the proposed rule, as provided
177	by s. 120.541. However, an agency shall prepare a statement of
178	estimated regulatory costs of the proposed rule, as provided by
179	s. 120.541, if the proposed rule will have an impact on small
180	business.
181	2.  Small businesses, small counties, and small cities.--
182	a.  Each agency, before the adoption, amendment, or repeal
183	of a rule, shall consider the impact of the rule on small
184	businesses as defined by s. 288.703 and the impact of the rule
185	on small counties or small cities as defined by s. 120.52.
186	Whenever practicable, an agency shall tier its rules to reduce
187	disproportionate impacts on small businesses, small counties, or
188	small cities to avoid regulating small businesses, small
189	counties, or small cities that do not contribute significantly
190	to the problem the rule is designed to address. An agency may
191	define "small business" to include businesses employing more
192	than 200 100 persons, may define "small county" to include those
193	with populations of more than 75,000, and may define "small
194	city" to include those with populations of more than 10,000, if
195	it finds that such a definition is necessary to adapt a rule to
196	the needs and problems of small businesses, small counties, or
197	small cities. The agency shall consider each of the following
198	methods for reducing the impact of the proposed rule on small
199	businesses, small counties, and small cities, or any combination
200	of these entities:
201	(I)  Establishing less stringent compliance or reporting
202	requirements in the rule.
203	(II)  Establishing less stringent schedules or deadlines in
204	the rule for compliance or reporting requirements.
205	(III)  Consolidating or simplifying the rule's compliance
206	or reporting requirements.
207	(IV)  Establishing performance standards or best-management
208	practices to replace design or operational standards in the
209	rule.
210	(V)  Exempting small businesses, small counties, or small
211	cities from any or all requirements of the rule.
212	b.(I)  If the agency determines that the proposed action
213	will affect small businesses as defined by the agency as
214	provided in sub-subparagraph a., the agency shall send written
215	notice of the rule to the Small Business Regulatory Advisory
216	Council and the Office of Tourism, Trade, and Economic
217	Development not less than 28 days prior to the intended action.
218	(II)  Each agency shall adopt those regulatory alternatives
219	offered by the Small Business Regulatory Advisory Council and
220	provided to the agency no later than 21 days after the council's
221	receipt of the written notice of the rule which it finds are
222	feasible and consistent with the stated objectives of the
223	proposed rule and which would reduce the impact on small
224	businesses. When regulatory alternatives are offered by the
225	Small Business Regulatory Advisory Council, the 90-day period
226	for filing the rule in subparagraph (e)2. is extended for a
227	period of 21 days.
228	(III)  If an agency does not adopt all alternatives offered
229	pursuant to this sub-subparagraph, it shall, prior to rule
230	adoption or amendment and pursuant to subparagraph (d)1., file a
231	detailed written statement with the committee explaining the
232	reasons for failure to adopt such alternatives. Within 3 working
233	days of the filing of such notice, the agency shall send a copy
234	of such notice to the Small Business Regulatory Advisory
235	Council. The Small Business Regulatory Advisory Council may make
236	a request of the President of the Senate and the Speaker of the
237	House of Representatives that the presiding officers direct the
238	Office of Program Policy Analysis and Government Accountability
239	to determine whether the rejected alternatives reduce the impact
240	on small business while meeting the stated objectives of the
241	proposed rule. Within 60 days after the date of the directive
242	from the presiding officers, the Office of Program Policy
243	Analysis and Government Accountability shall report to the
244	Administrative Procedures Committee its findings as to whether
245	an alternative reduces the impact on small business while
246	meeting the stated objectives of the proposed rule. The Office
247	of Program Policy Analysis and Government Accountability shall
248	consider the proposed rule, the economic impact statement, the
249	written statement of the agency, the proposed alternatives, and
250	any comment submitted during the comment period on the proposed
251	rule. The Office of Program Policy Analysis and Government
252	Accountability shall submit a report of its findings and
253	recommendations to the Governor, the President of the Senate,
254	and the Speaker of the House of Representatives. The
255	Administrative Procedures Committee shall report such findings
256	to the agency, and the agency shall respond in writing to the
257	Administrative Procedures Committee if the Office of Program
258	Policy Analysis and Government Accountability found that the
259	alternative reduced the impact on small business while meeting
260	the stated objectives of the proposed rule. If the agency will
261	not adopt the alternative, it must also provide a detailed
262	written statement to the committee as to why it will not adopt
263	the alternative.
264	(c)  Hearings.--
265	1.  If the intended action concerns any rule other than one
266	relating exclusively to procedure or practice, the agency shall,
267	on the request of any affected person received within 21 days
268	after the date of publication of the notice of intended agency
269	action, give affected persons an opportunity to present evidence
270	and argument on all issues under consideration. The agency may
271	schedule a public hearing on the rule and, if requested by any
272	affected person, shall schedule a public hearing on the rule.
273	When a public hearing is held, the agency must ensure that staff
274	are available to explain the agency's proposal and to respond to
275	questions or comments regarding the rule. If the agency head is
276	a board or other collegial body created under s. 20.165(4) or s.
277	20.43(3)(g), and one or more requested public hearings is
278	scheduled, the board or other collegial body shall conduct at
279	least one of the public hearings itself and may not delegate
280	this responsibility without the consent of those persons
281	requesting the public hearing. Any material pertinent to the
282	issues under consideration submitted to the agency within 21
283	days after the date of publication of the notice or submitted to
284	the agency between the date of publication of the notice and the
285	end of the final at a public hearing shall be considered by the
286	agency and made a part of the record of the rulemaking
287	proceeding.
288	2.  Rulemaking proceedings shall be governed solely by the
289	provisions of this section unless a person timely asserts that
290	the person's substantial interests will be affected in the
291	proceeding and affirmatively demonstrates to the agency that the
292	proceeding does not provide adequate opportunity to protect
293	those interests. If the agency determines that the rulemaking
294	proceeding is not adequate to protect the person's interests, it
295	shall suspend the rulemaking proceeding and convene a separate
296	proceeding under the provisions of ss. 120.569 and 120.57.
297	Similarly situated persons may be requested to join and
298	participate in the separate proceeding. Upon conclusion of the
299	separate proceeding, the rulemaking proceeding shall be resumed.
300	(d)  Modification or withdrawal of proposed rules.--
301	1.  After the final public hearing on the proposed rule, or
302	after the time for requesting a hearing has expired, if the rule
303	has not been changed from the rule as previously filed with the
304	committee, or contains only technical changes, the adopting
305	agency shall file a notice to that effect with the committee at
306	least 7 days prior to filing the rule for adoption. Any change,
307	other than a technical change that does not affect the substance
308	of the rule, must be supported by the record of public hearings
309	held on the rule, must be in response to written material
310	submitted to the agency within 21 days after the date of
311	publication of the notice of intended agency action or submitted
312	to the agency between the date of publication of the notice and
313	received on or before the end date of the final public hearing,
314	or must be in response to a proposed objection by the committee.
315	In addition, when any change is made in a proposed rule, other
316	than a technical change, the adopting agency shall provide a
317	copy of a notice of change by certified mail or actual delivery
318	to any person who requests it in writing no later than 21 days
319	after the notice required in paragraph (a). The agency shall
320	file the notice of change with the committee, along with the
321	reasons for the change, and provide the notice of change to
322	persons requesting it, at least 21 days prior to filing the rule
323	for adoption. The notice of change shall be published in the
324	Florida Administrative Weekly at least 21 days prior to filing
325	the rule for adoption. This subparagraph does not apply to
326	emergency rules adopted pursuant to subsection (4).
327	2.  After the notice required by paragraph (a) and prior to
328	adoption, the agency may withdraw the rule in whole or in part.
329	3.  After adoption and before the effective date, a rule
330	may be modified or withdrawn only in response to an objection by
331	the committee or may be modified to extend the effective date by
332	not more than 60 days when the committee has notified the agency
333	that an objection to the rule is being considered.
334	4.  The agency shall give notice of its decision to
335	withdraw or modify a rule in the first available issue of the
336	publication in which the original notice of rulemaking was
337	published, shall notify those persons described in subparagraph
338	(a)3. in accordance with the requirements of that subparagraph,
339	and shall notify the Department of State if the rule is required
340	to be filed with the Department of State.
341	5.  After a rule has become effective, it may be repealed
342	or amended only through the rulemaking procedures specified in
343	this chapter.
344	(e)  Filing for final adoption; effective date.--
345	1.  If the adopting agency is required to publish its rules
346	in the Florida Administrative Code, the agency, upon approval of
347	the agency head, shall file with the Department of State three
348	certified copies of the rule it proposes to adopt; one copy of
349	any material incorporated by reference in the rule, certified by
350	the agency; a summary of the rule; a summary of any hearings
351	held on the rule; and a detailed written statement of the facts
352	and circumstances justifying the rule. Agencies not required to
353	publish their rules in the Florida Administrative Code shall
354	file one certified copy of the proposed rule, and the other
355	material required by this subparagraph, in the office of the
356	agency head, and such rules shall be open to the public.
357	2.  A rule may not be filed for adoption less than 28 days
358	or more than 90 days after the notice required by paragraph (a),
359	until 21 days after the notice of change required by paragraph
360	(d), until 14 days after the final public hearing, until 21 days
361	after a statement of estimated regulatory costs required under
362	s. 120.541 has been provided to all persons who submitted a
363	lower cost regulatory alternative and made available to the
364	public, or until the administrative law judge has rendered a
365	decision under s. 120.56(2), whichever applies. When a required
366	notice of change is published prior to the expiration of the
367	time to file the rule for adoption, the period during which a
368	rule must be filed for adoption is extended to 45 days after the
369	date of publication. If notice of a public hearing is published
370	prior to the expiration of the time to file the rule for
371	adoption, the period during which a rule must be filed for
372	adoption is extended to 45 days after adjournment of the final
373	hearing on the rule, 21 days after receipt of all material
374	authorized to be submitted at the hearing, or 21 days after
375	receipt of the transcript, if one is made, whichever is latest.
376	The term "public hearing" includes any public meeting held by
377	any agency at which the rule is considered. If a petition for an
378	administrative determination under s. 120.56(2) is filed, the
379	period during which a rule must be filed for adoption is
380	extended to 60 days after the administrative law judge files the
381	final order with the clerk or until 60 days after subsequent
382	judicial review is complete.
383	3.  At the time a rule is filed, the agency shall certify
384	that the time limitations prescribed by this paragraph have been
385	complied with, that all statutory rulemaking requirements have
386	been met, and that there is no administrative determination
387	pending on the rule.
388	4.  At the time a rule is filed, the committee shall
389	certify whether the agency has responded in writing to all
390	material and timely written comments or written inquiries made
391	on behalf of the committee. The department shall reject any rule
392	that is not filed within the prescribed time limits; that does
393	not comply with all statutory rulemaking requirements and rules
394	of the department; upon which an agency has not responded in
395	writing to all material and timely written inquiries or written
396	comments; upon which an administrative determination is pending;
397	or which does not include a statement of estimated regulatory
398	costs, if required.
399	5.  If a rule has not been adopted within the time limits
400	imposed by this paragraph or has not been adopted in compliance
401	with all statutory rulemaking requirements, the agency proposing
402	the rule shall withdraw the rule and give notice of its action
403	in the next available issue of the Florida Administrative
404	Weekly.
405	6.  The proposed rule shall be adopted on being filed with
406	the Department of State and become effective 20 days after being
407	filed, on a later date specified in the notice required by
408	subparagraph (a)1. rule, or on a date required by statute. Rules
409	not required to be filed with the Department of State shall
410	become effective when adopted by the agency head or on a later
411	date specified by rule or statute. If the committee notifies an
412	agency that an objection to a rule is being considered, the
413	agency may postpone the adoption of the rule to accommodate
414	review of the rule by the committee. When an agency postpones
415	adoption of a rule to accommodate review by the committee, the
416	90-day period for filing the rule is tolled until the committee
417	notifies the agency that it has completed its review of the
418	rule.
419
420	For the purposes of this paragraph, the term "administrative
421	determination" does not include subsequent judicial review.
422	(5)  UNIFORM RULES.--
423	(b)  The uniform rules of procedure adopted by the
424	commission pursuant to this subsection shall include, but are
425	not limited to:
426	1.  Uniform rules for the scheduling of public meetings,
427	hearings, and workshops.
428	2.  Uniform rules for use by each state agency that provide
429	procedures for conducting public meetings, hearings, and
430	workshops, and for taking evidence, testimony, and argument at
431	such public meetings, hearings, and workshops, in person and by
432	means of communications media technology. The rules shall
433	provide that all evidence, testimony, and argument presented
434	shall be afforded equal consideration, regardless of the method
435	of communication. If a public meeting, hearing, or workshop is
436	to be conducted by means of communications media technology, or
437	if attendance may be provided by such means, the notice shall so
438	state. The notice for public meetings, hearings, and workshops
439	utilizing communications media technology shall state how
440	persons interested in attending may do so and shall name
441	locations, if any, where communications media technology
442	facilities will be available. Nothing in this paragraph shall be
443	construed to diminish the right to inspect public records under
444	chapter 119. Limiting points of access to public meetings,
445	hearings, and workshops subject to the provisions of s. 286.011
446	to places not normally open to the public shall be presumed to
447	violate the right of access of the public, and any official
448	action taken under such circumstances is void and of no effect.
449	Other laws relating to public meetings, hearings, and workshops,
450	including penal and remedial provisions, shall apply to public
451	meetings, hearings, and workshops conducted by means of
452	communications media technology, and shall be liberally
453	construed in their application to such public meetings,
454	hearings, and workshops. As used in this subparagraph,
455	"communications media technology" means the electronic
456	transmission of printed matter, audio, full-motion video,
457	freeze-frame video, compressed video, and digital video by any
458	method available.
459	3.  Uniform rules of procedure for the filing of notice of
460	protests and formal written protests. The Administration
461	Commission may prescribe the form and substantive provisions of
462	a required bond.
463	4.  Uniform rules of procedure for the filing of petitions
464	for administrative hearings pursuant to s. 120.569 or s. 120.57.
465	Such rules shall require the petition to include:
466	a.  The identification of the petitioner.
467	b.  A statement of when and how the petitioner received
468	notice of the agency's action or proposed action.
469	c.  An explanation of how the petitioner's substantial
470	interests are or will be affected by the action or proposed
471	action.
472	d.  A statement of all material facts disputed by the
473	petitioner or a statement that there are no disputed facts.
474	e.  A statement of the ultimate facts alleged, including a
475	statement of the specific facts the petitioner contends warrant
476	reversal or modification of the agency's proposed action.
477	f.  A statement of the specific rules or statutes that the
478	petitioner contends require reversal or modification of the
479	agency's proposed action, including an explanation of how the
480	alleged facts relate to the specific rules or statutes.
481	g.  A statement of the relief sought by the petitioner,
482	stating precisely the action petitioner wishes the agency to
483	take with respect to the proposed action.
484	5.  Uniform rules for the filing of request for
485	administrative hearing by a respondent in agency enforcement and
486	disciplinary actions. Such rules shall require a request to
487	include:
488	a.  The name, address, and telephone number of the party
489	making the request and the name, address, and telephone number
490	of the party's counsel or qualified representative upon whom
491	service of pleadings and other papers shall be made;
492	b.  A statement that the respondent is requesting an
493	administrative hearing and disputes the material facts alleged
494	by the petitioner, in which case the respondent shall identify
495	those material facts that are in dispute, or that the respondent
496	is requesting an administrative hearing and does not dispute the
497	material facts alleged by the petitioner; and
498	c.  A reference by file number to the administrative
499	complaint that the party has received from the agency and the
500	date on which the agency pleading was received.
501
502	The agency may provide an election-of-rights form for the
503	respondent's use in requesting a hearing, so long as any form
504	provided by the agency calls for the information in sub-
505	subparagraphs a. through c. and does not impose any additional
506	requirements on a respondent in order to request a hearing,
507	unless such requirements are specifically authorized by law.
508	6.  Uniform rules of procedure for the filing and prompt
509	disposition of petitions for declaratory statements. The rules
510	shall also describe the contents of the notices that must be
511	published in the Florida Administrative Weekly under s. 120.565,
512	including any applicable time limit for the filing of petitions
513	to intervene or petitions for administrative hearing by persons
514	whose substantial interests may be affected.
515	7.  Provision of a method by which each agency head shall
516	provide a description of the agency's organization and general
517	course of its operations. The rules shall require that the
518	statement concerning the agency's organization and operations be
519	published on the agency's website.
520	8.  Uniform rules establishing procedures for granting or
521	denying petitions for variances and waivers pursuant to s.
522	120.542.
523	(6)  ADOPTION OF FEDERAL STANDARDS.--Notwithstanding any
524	contrary provision of this section, in the pursuance of state
525	implementation, operation, or enforcement of federal programs,
526	an agency is empowered to adopt rules substantively identical to
527	regulations adopted pursuant to federal law, in accordance with
528	the following procedures:
529	(b)  Any rule adopted pursuant to this subsection shall
530	become effective upon the date designated in the rule by the
531	agency in the notice of intent to adopt a rule; however, no such
532	rule shall become effective earlier than the effective date of
533	the substantively identical federal regulation.
534	Section 4.  Subsections (16) and (17) of section 120.80,
535	Florida Statutes, are amended to read:
536	120.80  Exceptions and special requirements; agencies.--
537	(16)  DEPARTMENT OF ENVIRONMENTAL
538	PROTECTION.--Notwithstanding the provisions of s. 120.54(1)(d),
539	the Department of Environmental Protection, in undertaking
540	rulemaking to establish best available control technology,
541	lowest achievable emissions rate, or case-by-case maximum
542	available control technology for purposes of s. 403.08725, shall
543	not adopt the lowest regulatory cost alternative if such
544	adoption would prevent the agency from implementing federal
545	requirements.
546	(16)(17)  FLORIDA BUILDING COMMISSION.--
547	(a)  Notwithstanding the provisions of s. 120.542, the
548	Florida Building Commission may not accept a petition for waiver
549	or variance and may not grant any waiver or variance from the
550	requirements of the Florida Building Code.
551	(b)  The Florida Building Commission shall adopt within the
552	Florida Building Code criteria and procedures for alternative
553	means of compliance with the code or local amendments thereto,
554	for enforcement by local governments, local enforcement
555	districts, or other entities authorized by law to enforce the
556	Florida Building Code. Appeals from the denial of the use of
557	alternative means shall be heard by the local board, if one
558	exists, and may be appealed to the Florida Building Commission.
559	(c)  Notwithstanding ss. 120.565, 120.569, and 120.57, the
560	Florida Building Commission and hearing officer panels appointed
561	by the commission in accordance with s. 553.775(3)(c)1. may
562	conduct proceedings to review decisions of local building code
563	officials in accordance with s. 553.775(3)(c).
564	Section 5.  The amendments to s. 120.52(1), Florida
565	Statutes, made by this act are not intended to effect a
566	substantive change in meaning of that subsection. The amendments
567	are intended to clarify and simplify existing law and are
568	intended to be consistent with judicial interpretations of that
569	statute.
570	Section 6.  Notwithstanding any other provision of law or
571	rule that requires a project which is the subject of a license
572	to commence within a specific time period, an agency may allow
573	the delay of the commencement if the person demonstrates that
574	the delay is the result of the economic conditions existing as
575	of January 1, 2009, and if the license was issued, free and
576	clear of all administrative and judicial proceedings, no later
577	than the effective date of this act. The petition for waiver or
578	variance under this section shall be submitted to the agency
579	before June 31, 2010.
580	Section 7.  This act shall take effect July 1, 2009.

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