CS for SB 2140 First Engrossed
20102140e1
1 A bill to be entitled
2 An act relating to administrative procedures; amending
3 s. 120.54, F.S.; requiring an agency’s notice of rule
4 development to indicate whether the rule may have an
5 adverse impact on small businesses; requiring that the
6 agency also notify the Small Business Regulatory
7 Advisory Council if the rule may have an adverse
8 impact; authorizing the council to propose regulatory
9 alternatives to the agency within a specified period;
10 requiring an agency to send a statement to the council
11 and the Administrative Procedures Committee if the
12 agency does not adopt the proposed alternatives;
13 revising the duties of the Office of Program Policy
14 Analysis and Government Accountability with respect to
15 its review of proposed alternative rules; revising
16 certain procedures for an agency in filing a rule for
17 final adoption; amending s. 120.541, F.S.; conforming
18 provisions to changes made by the act; revising
19 provisions relating to an agency’s response to a
20 proposal by a substantially affected person for a
21 lower cost regulatory alternative to a proposed rule;
22 revising the grounds for declaring a rule invalid due
23 to the agency’s failure to prepare a statement of
24 estimated regulatory costs or to respond to a written
25 lower cost regulatory alternative; providing that a
26 rule that imposes regulatory costs that could be
27 reduced under certain circumstances may be declared
28 invalid if certain requirements are not met; requiring
29 that a rule impact analysis for small businesses
30 include the agency’s basis for not implementing
31 alternatives to a proposed rule; amending s. 120.56,
32 F.S.; providing for revised statements of estimated
33 regulatory costs as a basis for challenging a rule;
34 amending s. 120.60, F.S.; authorizing an agency to
35 provide by rule for the time period for submitting
36 additional information needed for a license
37 application; requiring that certain requests to
38 receive notice relating to a license application be
39 submitted in writing; providing an effective date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. Paragraph (a) of subsection (2) and paragraphs
44 (a), (b), and (e) of subsection (3) of section 120.54, Florida
45 Statutes, are amended to read:
46 120.54 Rulemaking.—
47 (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.—
48 (a) Except when the intended action is the repeal of a
49 rule, agencies shall provide notice of the development of
50 proposed rules by publication of a notice of rule development in
51 the Florida Administrative Weekly before providing notice of the
52 a proposed rule as required by paragraph (3)(a). The notice of
53 rule development must shall indicate the subject area to be
54 addressed by rule development, provide a short, plain
55 explanation of the purpose and effect of the proposed rule, cite
56 the specific legal authority for the proposed rule, indicate
57 that the rule does not have or that it may have an adverse
58 impact on small businesses and briefly describe that impact, and
59 include the preliminary text of the proposed rule rules, if
60 available, or a statement of how a person may promptly obtain,
61 without cost, a copy of the any preliminary text draft, if
62 available. If the rule being developed may have an adverse
63 impact on small businesses, the notice must also be sent
64 electronically or in writing to the Small Business Regulatory
65 Advisory Council.
66 (3) ADOPTION PROCEDURES.—
67 (a) Notices.—
68 1. Before Prior to the adoption, amendment, or repeal of
69 any rule other than an emergency rule, an agency, upon approval
70 of the agency head, shall give notice of its intended action,
71 setting forth a short, plain explanation of the purpose and
72 effect of the proposed action; the full text of the proposed
73 rule or amendment and a summary thereof; a reference to the
74 grant of rulemaking authority pursuant to which the rule is
75 adopted; and a reference to the section or subsection of the
76 Florida Statutes or the Laws of Florida being implemented or
77 interpreted. The notice must include a summary of the agency’s
78 statement of the estimated regulatory costs, if one has been
79 prepared, based on the factors set forth in s. 120.541(2), and a
80 statement that any person who wishes to provide the agency with
81 information regarding the statement of estimated regulatory
82 costs, or to provide a proposal for a lower cost regulatory
83 alternative as provided by s. 120.541(1), must do so in writing
84 within 21 days after publication of the notice. The notice must
85 state the procedure for requesting a public hearing on the
86 proposed rule. Except when the intended action is the repeal of
87 a rule, the notice must include a reference both to the date on
88 which and to the place where the notice of rule development
89 which that is required under by subsection (2) appeared.
90 2. The notice shall be published in the Florida
91 Administrative Weekly at least not less than 28 days before
92 prior to the intended action. The proposed rule must shall be
93 available for inspection and copying by the public at the time
94 of the publication of notice.
95 3. The notice shall be mailed to all persons named in the
96 proposed rule and to all persons who, at least 14 days before
97 prior to such mailing, have made a request to requests of the
98 agency for advance notice of its proceedings. The agency shall
99 also give such notice, as is prescribed by rule, to those
100 particular classes of persons to whom the intended action is
101 directed.
102 4. The adopting agency shall file with the committee, at
103 least 21 days before prior to the proposed adoption date, a copy
104 of each rule it proposes to adopt; a copy of any material
105 incorporated by reference in the rule; a detailed written
106 statement of the facts and circumstances justifying the proposed
107 rule; a copy of any statement of estimated regulatory costs
108 which that has been prepared pursuant to s. 120.541; a statement
109 of the extent to which the proposed rule relates to federal
110 standards or rules on the same subject; and the notice required
111 by subparagraph 1.
112 (b) Special matters to be considered in rule adoption.—
113 1. Statement of estimated regulatory costs.—Before Prior to
114 the adoption, amendment, or repeal of any rule other than an
115 emergency rule, an agency is encouraged to prepare a statement
116 of estimated regulatory costs of the proposed rule, as provided
117 by s. 120.541. However, an agency must shall prepare a statement
118 of estimated regulatory costs of the proposed rule, as provided
119 by s. 120.541, if the proposed rule will have an adverse impact
120 on small business.
121 2. Small businesses, small counties, and small cities.—
122 a. Each agency, before the adoption, amendment, or repeal
123 of a rule, shall consider the impact of the rule on small
124 businesses as defined by s. 288.703 and the impact of the rule
125 on small counties or small cities as defined by s. 120.52. If
126 Whenever practicable, an agency shall tier its rules to reduce
127 disproportionate impacts on small businesses, small counties, or
128 small cities to avoid regulating small businesses, small
129 counties, or small cities that do not contribute significantly
130 to the problem the rule is designed to address. An agency may
131 define “small business” to include businesses employing more
132 than 200 persons, may define “small county” to include those
133 with populations of more than 75,000, and may define “small
134 city” to include those with populations of more than 10,000, if
135 it finds that such a definition is necessary to adapt a rule to
136 the needs and problems of small businesses, small counties, or
137 small cities. The agency shall consider each of the following
138 methods for reducing the impact of the proposed rule on small
139 businesses, small counties, and small cities, or any combination
140 of these entities:
141 (I) Establishing less stringent compliance or reporting
142 requirements in the rule.
143 (II) Establishing less stringent schedules or deadlines in
144 the rule for compliance or reporting requirements.
145 (III) Consolidating or simplifying the rule’s compliance or
146 reporting requirements.
147 (IV) Establishing performance standards or best management
148 practices to replace design or operational standards in the
149 rule.
150 (V) Exempting small businesses, small counties, or small
151 cities from any or all requirements of the rule.
152 b.(I) If the agency determines that the proposed action
153 will adversely impact affect small businesses as defined by the
154 agency as provided in sub-subparagraph a., the agency shall send
155 an electronic or written notice of the rule and a statement of
156 the estimated regulatory costs of the proposed rule to the Small
157 Business Regulatory Advisory Council and the Office of Tourism,
158 Trade, and Economic Development, with a copy provided to the
159 committee, at least 45 not less than 28 days before prior to the
160 intended action.
161 (I)(II) The council may propose regulatory alternatives to
162 the agency, electronically or in writing, with a copy provided
163 to the committee, within 44 days after the council’s receipt of
164 the statement of estimated regulatory costs. The proposal may
165 include the alternative of not adopting a rule if the proposal
166 explains how the lower costs and objectives of the law will be
167 achieved by not adopting a rule. The agency shall consider the
168 proposed small business regulatory alternatives in a public
169 hearing, revise its prior statement of estimated regulatory
170 costs, if appropriate, and adopt the alternative or provide a
171 statement of the reasons for rejecting the alternative in favor
172 of the proposed rule. Each agency shall adopt those regulatory
173 alternatives offered by the Small Business Regulatory Advisory
174 Council and provided to the agency no later than 21 days after
175 the council’s receipt of the written notice of the rule which it
176 finds are feasible and consistent with the stated objectives of
177 the proposed rule and which would reduce the impact on small
178 businesses. If When regulatory alternatives are offered by the
179 Small Business Regulatory Advisory council or the agency issues
180 a revised statement of estimated regulatory costs, the time 90
181 day period for filing the rule in subparagraph (e)2. is extended
182 for 45 a period of 21 days.
183 (II)(III) If an agency does not adopt all alternatives
184 offered pursuant to this sub-subparagraph, it must shall, prior
185 to rule adoption or amendment and pursuant to subparagraph
186 (d)1., file a detailed electronic or written statement with the
187 committee explaining the reasons for not adopting failure to
188 adopt such alternatives before rule adoption or amendment and
189 pursuant to subparagraph (d)1. Within 3 working days after of
190 the filing of such notice, the agency shall send an electronic
191 or written a copy of such notice to the Small Business
192 Regulatory Advisory Council. The Small Business Regulatory
193 Advisory council may make a request of the President of the
194 Senate and the Speaker of the House of Representatives that the
195 presiding officers direct the Office of Program Policy Analysis
196 and Government Accountability to determine whether the rejected
197 alternatives substantially accomplish the objectives of the law
198 being implemented and reduce the adverse impact on small
199 businesses business while meeting the stated objectives of the
200 proposed rule. Within 60 days after the date of the directive
201 from the presiding officers, the office of Program Policy
202 Analysis and Government Accountability shall report its findings
203 to the Administrative Procedures committee its findings as to
204 whether an alternative reduces the impact on small business
205 while meeting the stated objectives of the proposed rule. The
206 office must, at a minimum, of Program Policy Analysis and
207 Government Accountability shall consider the proposed rule, the
208 economic impact statement, the written statement of the agency,
209 the proposed alternatives, and any comment submitted during the
210 comment period on the proposed rule. The office of Program
211 Policy Analysis and Government Accountability shall submit a
212 report of its findings and recommendations to the Governor, the
213 President of the Senate, and the Speaker of the House of
214 Representatives, and the committee. The Administrative
215 Procedures committee shall report such findings to the agency,
216 and the agency shall respond in writing to the Administrative
217 Procedures committee if the office of Program Policy Analysis
218 and Government Accountability found that a rejected the
219 alternative substantially accomplishes the objectives of the law
220 being implemented and reduces reduced the adverse impact on
221 small businesses business while meeting the stated objectives of
222 the proposed rule. If the agency does will not adopt the
223 alternative, it must also provide a detailed written statement
224 to the committee as to why it is not adopting will not adopt the
225 alternative.
226 (e) Filing for final adoption; effective date.—
227 1. If the adopting agency is required to publish its rules
228 in the Florida Administrative Code, the agency, upon approval of
229 the agency head, shall file with the Department of State three
230 certified copies of the rule it proposes to adopt; one copy of
231 any material incorporated by reference in the rule, certified by
232 the agency; a summary of the rule; a summary of any hearings
233 held on the rule; and a detailed written statement of the facts
234 and circumstances justifying the rule. Agencies not required to
235 publish their rules in the Florida Administrative Code shall
236 file one certified copy of the proposed rule, and the other
237 material required by this subparagraph, in the office of the
238 agency head, and such rules shall be open to the public.
239 2. A rule may not be filed for adoption less than 28 days
240 or more than 90 days after the notice required by paragraph (a),
241 until 21 days after the notice of change required by paragraph
242 (d), until 14 days after the final public hearing, until 45 21
243 days after a statement of estimated regulatory costs or a
244 revised statement of estimated regulatory costs has been
245 prepared and made available as required under s. 120.541 has
246 been provided to all persons who submitted a lower cost
247 regulatory alternative and made available to the public, or
248 until the administrative law judge has rendered a decision under
249 s. 120.56(2), whichever applies. If a statement of estimated
250 regulatory costs or a revised statement of estimated regulatory
251 costs has been prepared and made available as provided in s.
252 120.541(1)(d), the period during which a rule may be filed for
253 adoption is extended to 45 days after the statement has been
254 made available. If When a required notice of change is published
255 before prior to the expiration of the time for filing to file
256 the rule for adoption has expired, the period during which a
257 rule must be filed for adoption is extended to 45 days after the
258 date of publication. If notice of a public hearing is published
259 before prior to the expiration of the time for filing to file
260 the rule for adoption has expired, the period during which a
261 rule must be filed for adoption is extended to 45 days after
262 adjournment of the final hearing on the rule, 21 days after
263 receipt of all material authorized to be submitted at the
264 hearing, or 21 days after receipt of the transcript, if one is
265 made, whichever is latest. The term “public hearing” includes
266 any public meeting held by any agency at which the rule is
267 considered. If a petition for an administrative determination
268 under s. 120.56(2) is filed, the period during which a rule must
269 be filed for adoption is extended to 60 days after the
270 administrative law judge files the final order with the clerk or
271 until 60 days after subsequent judicial review is complete.
272 3. At the time a rule is filed, the agency shall certify
273 that the time limitations prescribed by this paragraph have been
274 complied with, that all statutory rulemaking requirements have
275 been met, and that there is no administrative determination
276 pending on the rule.
277 4. At the time a rule is filed, the committee shall certify
278 whether the agency has responded in writing to all material and
279 timely written comments or written inquiries made on behalf of
280 the committee. The Department of State shall reject any rule
281 that is not filed within the prescribed time limits; that does
282 not comply with all statutory rulemaking requirements and rules
283 of the department; upon which an agency has not responded in
284 writing to all material and timely written inquiries or written
285 comments; upon which an administrative determination is pending;
286 or which does not include a statement of estimated regulatory
287 costs, if required.
288 5. If a rule has not been adopted within the time limits
289 imposed by this paragraph or has not been adopted in compliance
290 with all statutory rulemaking requirements, the agency proposing
291 the rule shall withdraw the rule and give notice of its action
292 in the next available issue of the Florida Administrative
293 Weekly.
294 6. The proposed rule shall be adopted on being filed with
295 the Department of State and become effective 20 days after being
296 filed, on a later date specified in the notice required by
297 subparagraph (a)1., or on a date required by statute. Rules not
298 required to be filed with the Department of State are shall
299 become effective when adopted by the agency head or on a later
300 date specified by rule or statute. If the committee notifies an
301 agency that an objection to a rule is being considered, the
302 agency may postpone the adoption of the rule to accommodate
303 review of the rule by the committee. If When an agency postpones
304 adoption of a rule to accommodate committee review by the
305 committee, the 90-day period for filing the rule is tolled until
306 the committee notifies the agency that it has completed its
307 review of the rule.
308
309 For the purposes of this paragraph, the term “administrative
310 determination” does not include subsequent judicial review.
311 Section 2. Subsection (1) and paragraphs (d) and (f) of
312 subsection (2) of section 120.541, Florida Statutes, are amended
313 to read:
314 120.541 Statement of estimated regulatory costs.—
315 (1)(a) A substantially affected person, Within 21 days
316 after publication of the notice required provided under s.
317 120.54(3)(a), a substantially affected person may submit to an
318 agency a good faith written proposal for a lower cost regulatory
319 alternative to a proposed rule which substantially accomplishes
320 the objectives of the law being implemented. The proposal may
321 include the alternative of not adopting any rule if, so long as
322 the proposal explains how the lower costs and objectives of the
323 law will be achieved by not adopting any rule. If such a
324 proposal is submitted, the time period for filing the rule under
325 s. 120.54(3)(e)2. 90-day period for filing the rule is extended
326 45 21 days.
327 (b) Upon the submission of the lower cost regulatory
328 alternative, the agency shall prepare a statement of estimated
329 regulatory costs as provided in subsection (2), or shall revise
330 its prior statement of estimated regulatory costs, and either
331 adopt the alternative or provide give a statement of the reasons
332 for rejecting the alternative in favor of the proposed rule. The
333 failure of the agency to prepare or revise the statement of
334 estimated regulatory costs as provided in this paragraph is a
335 material failure to follow the applicable rulemaking procedures
336 or requirements set forth in this chapter. An agency required to
337 prepare or revise a statement of estimated regulatory costs as
338 provided in this paragraph shall make it available to the person
339 who submits the lower cost regulatory alternative and to the
340 public prior to filing the rule for adoption.
341 (b) If a proposed rule will have an adverse impact on small
342 businesses, the agency shall prepare a statement of estimated
343 regulatory costs as required by s. 120.54(3)(b).
344 (c) The agency shall revise a statement of estimated
345 regulatory costs if any change to the rule made under s.
346 120.54(3)(d) increases the regulatory costs of the rule.
347 (d) At least 45 days before filing the rule for adoption,
348 an agency that is required to prepare or revise a statement of
349 estimated regulatory costs shall provide the statement to the
350 person who submitted the lower cost regulatory alternative and
351 to the committee, and provide notice on the agency’s website
352 that it is available to the public.
353 (e) Notwithstanding s. 120.56(1)(c), the failure of the
354 agency to prepare a statement of estimated regulatory costs or
355 to respond to a written lower cost regulatory alternative as
356 provided in this subsection is a material failure to follow the
357 applicable rulemaking procedures or requirements set forth in
358 this chapter.
359 (f)(c) An agency’s failure to prepare a statement of
360 estimated regulatory costs or to respond to a written lower cost
361 regulatory alternative may not be raised in a proceeding
362 challenging the validity of a rule pursuant to s. 120.52(8)(a)
363 No rule shall be declared invalid because it imposes regulatory
364 costs on the regulated person, county, or city which could be
365 reduced by the adoption of less costly alternatives that
366 substantially accomplish the statutory objectives, and no rule
367 shall be declared invalid based upon a challenge to the agency’s
368 statement of estimated regulatory costs, unless:
369 1. The issue is Raised in a petition filed no later than an
370 administrative proceeding within 1 year after the effective date
371 of the rule; and
372 2. Raised by a person whose substantial interests are
373 affected by the rule’s regulatory costs. The substantial
374 interests of the person challenging the agency’s rejection of,
375 or failure to consider, the lower cost regulatory alternative
376 are materially affected by the rejection; and
377 3.a. The agency has failed to prepare or revise the
378 statement of estimated regulatory costs as required by paragraph
379 (b); or
380 b. the challenge is to the agency’s rejection under
381 paragraph (b) of a lower cost regulatory alternative submitted
382 under paragraph (a).
383 (g) A rule that is challenged by a substantially affected
384 person pursuant to s. 120.52(8)(f) because the rule imposes
385 regulatory costs on the regulated person, county, or city which
386 could be reduced by the adoption of less costly alternatives
387 that substantially accomplish the statutory objectives may not
388 be declared invalid unless:
389 1. The issue is raised in an administrative proceeding
390 within 1 year after the effective date of the rule;
391 2. The challenge is to the agency’s rejection of a lower
392 cost regulatory alternative offered under paragraph (a) or s.
393 120.54(3)(b)2.b.; and
394 3. The substantial interests of the person challenging the
395 agency are materially affected by the rejection.
396 (2) A statement of estimated regulatory costs shall
397 include:
398 (d) An analysis of the impact on small businesses as
399 defined by s. 288.703, and an analysis of the impact on small
400 counties and small cities as defined in by s. 120.52. The impact
401 analysis for small businesses must include the basis for the
402 agency’s decision not to implement alternatives that would
403 reduce adverse impacts on small businesses.
404 (f) In the statement or revised statement, whichever
405 applies, a description of any regulatory alternatives good faith
406 written proposal submitted under paragraph (1)(a) and either a
407 statement adopting the alternative or a statement of the reasons
408 for rejecting the alternative in favor of the proposed rule.
409 Section 3. Paragraph (a) of subsection (2) and paragraph
410 (d) of subsection (4) of section 120.56, Florida Statutes, are
411 amended to read:
412 120.56 Challenges to rules.—
413 (2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.—
414 (a) A Any substantially affected person may seek an
415 administrative determination of the invalidity of a any proposed
416 rule by filing a petition seeking such a determination with the
417 division within 21 days after the date of publication of the
418 notice required by s. 120.54(3)(a);, within 10 days after the
419 final public hearing is held on the proposed rule as provided by
420 s. 120.54(3)(e)2.;, within 44 20 days after the statement of
421 estimated regulatory costs or revised statement of estimated
422 regulatory costs, if applicable, has been prepared and made
423 available as provided in s. 120.541(1)(d); required pursuant to
424 s. 120.541, if applicable, has been provided to all persons who
425 submitted a lower cost regulatory alternative and made available
426 to the public, or within 20 days after the date of publication
427 of the notice required by s. 120.54(3)(d). The petition must
428 shall state with particularity the objections to the proposed
429 rule and the reasons that the proposed rule is an invalid
430 exercise of delegated legislative authority. The petitioner has
431 the burden of going forward. The agency then has the burden to
432 prove by a preponderance of the evidence that the proposed rule
433 is not an invalid exercise of delegated legislative authority as
434 to the objections raised. A Any person who is substantially
435 affected by a change in the proposed rule may seek a
436 determination of the validity of such change. A Any person who
437 is not substantially affected by the proposed rule as initially
438 noticed, but who is substantially affected by the rule as a
439 result of a change, may challenge any provision of the rule and
440 is not limited to challenging the change to the proposed rule.
441 (4) CHALLENGING AGENCY STATEMENTS DEFINED AS RULES; SPECIAL
442 PROVISIONS.—
443 (d) If an administrative law judge enters a final order
444 that all or part of an agency statement violates s.
445 120.54(1)(a), the agency must shall immediately discontinue all
446 reliance upon the statement or any substantially similar
447 statement as a basis for agency action. This paragraph shall not
448 be construed to impair the obligation of contracts existing at
449 the time the final order is entered.
450 Section 4. Subsections (1) and (3) of section 120.60,
451 Florida Statutes, are amended to read:
452 120.60 Licensing.—
453 (1) Upon receipt of an application for a license
454 application, an agency shall examine the application and, within
455 30 days after such receipt, notify the applicant of any apparent
456 errors or omissions and request any additional information the
457 agency is permitted by law to require. An agency may shall not
458 deny a license for failure to correct an error or omission or to
459 supply additional information unless the agency timely notified
460 the applicant within this 30-day period. The agency may
461 establish by rule the time period for submitting any additional
462 information requested by the agency. For good cause shown, the
463 agency shall grant a request for an extension of time for
464 submitting the additional information. If the applicant believes
465 the agency’s request for additional information is not
466 authorized by law or rule, the agency, at the applicant’s
467 request, shall proceed to process the application. An
468 application is shall be considered complete upon receipt of all
469 requested information and correction of any error or omission
470 for which the applicant was timely notified or when the time for
471 such notification has expired. An Every application for a
472 license must shall be approved or denied within 90 days after
473 receipt of a completed application unless a shorter period of
474 time for agency action is provided by law. The 90-day time
475 period is shall be tolled by the initiation of a proceeding
476 under ss. 120.569 and 120.57. Any application for a license
477 which that is not approved or denied within the 90-day or
478 shorter time period, within 15 days after conclusion of a public
479 hearing held on the application, or within 45 days after a
480 recommended order is submitted to the agency and the parties,
481 whichever action and timeframe is latest and applicable, is
482 considered approved unless the recommended order recommends that
483 the agency deny the license. Subject to the satisfactory
484 completion of an examination if required as a prerequisite to
485 licensure, any license that is considered approved shall be
486 issued and may include such reasonable conditions as are
487 authorized by law. Any applicant for licensure seeking to claim
488 licensure by default under this subsection shall notify the
489 agency clerk of the licensing agency, in writing, of the intent
490 to rely upon the default license provision of this subsection,
491 and may shall not take any action based upon the default license
492 until after receipt of such notice by the agency clerk.
493 (3) Each applicant shall be given written notice, either
494 personally or by mail, that the agency intends to grant or deny,
495 or has granted or denied, the application for license. The
496 notice must state with particularity the grounds or basis for
497 the issuance or denial of the license, except when issuance is a
498 ministerial act. Unless waived, a copy of the notice shall be
499 delivered or mailed to each party’s attorney of record and to
500 each person who has made a written request for requested notice
501 of agency action. Each notice must shall inform the recipient of
502 the basis for the agency decision, shall inform the recipient of
503 any administrative hearing pursuant to ss. 120.569 and 120.57 or
504 judicial review pursuant to s. 120.68 which may be available,
505 shall indicate the procedure that which must be followed, and
506 shall state the applicable time limits. The issuing agency shall
507 certify the date the notice was mailed or delivered, and the
508 notice and the certification must shall be filed with the agency
509 clerk.
510 Section 5. This act shall take effect July 1, 2010.