| 1 | A bill to be entitled |
| 2 | An act relating to rulemaking; creating s. 120.82, F.S.; |
| 3 | providing rulemaking exceptions and special requirements |
| 4 | for small businesses; defining the term "small business"; |
| 5 | requiring state agencies to provide written notification |
| 6 | to small-business owners of any proposed agency action or |
| 7 | implementation of any agency action affecting small |
| 8 | businesses; providing notification requirements; providing |
| 9 | for small-business owners to petition a state agency for a |
| 10 | hearing under certain conditions; requiring state agencies |
| 11 | to expedite such petitions; providing for the submission |
| 12 | of certain evidence by small-business owners; requiring |
| 13 | administrative hearing officers to consider certain |
| 14 | information when making determinations; providing dispute |
| 15 | remedies and relief; providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Section 120.82, Florida Statutes, is created to |
| 20 | read: |
| 21 | 120.82 Exceptions and special requirements; small |
| 22 | businesses.-Notwithstanding any other provision of law: |
| 23 | (1) As used in this section, the term "small business" |
| 24 | means a company with no more than 100 employees. |
| 25 | (2)(a) Each state agency must provide written notification |
| 26 | to small-business owners of any proposed agency action or |
| 27 | implementation of any agency action that affects small |
| 28 | businesses. Such notification must inform small-business owners |
| 29 | of their right to appeal such action without legal |
| 30 | representation and provide instructions for the fair-hearing |
| 31 | process. Such notice and information provided to small-business |
| 32 | owners must also be published in the Florida Administrative |
| 33 | Weekly and posted prominently on the homepage of the agency's |
| 34 | website. |
| 35 | (b) Upon written notification pursuant to paragraph (a), a |
| 36 | small-business owner may petition the state agency for a hearing |
| 37 | if the proposed agency action or implementation of the agency |
| 38 | action significantly alters, affects, or interferes with the |
| 39 | ability of the small business to compete or continue operations |
| 40 | without a substantial change to employment or operations. |
| 41 | (c) Any petition filed pursuant to this subsection must be |
| 42 | processed in an expeditious manner. |
| 43 | (3)(a) During hearing proceedings, a small-business owner |
| 44 | may submit sworn testimony from employees, customers, |
| 45 | consultants, business owners, and small-business advocates |
| 46 | documenting the economic impact of a state agency decision, |
| 47 | rule, or policy on the small business. Such testimony must be |
| 48 | accepted as prima facie evidence by an administrative hearing |
| 49 | officer. |
| 50 | (b) A small-business owner may submit evidence after the |
| 51 | hearing if such evidence or testimony supports the basis for an |
| 52 | economic hardship or documents how the small business is |
| 53 | affected by a loss of income, loss of employment, or loss of |
| 54 | market share. |
| 55 | (4)(a) In making a determination, the administrative |
| 56 | hearing officer must consider the impact of the imposition of an |
| 57 | agency action, policy, or rule on the ability of the small |
| 58 | business to continue operations, avoid layoffs, and otherwise |
| 59 | continue operations. |
| 60 | (b) An administrative hearing officer may: |
| 61 | 1. Require the parties to attend a mediation to attempt in |
| 62 | good faith to resolve the dispute, either in whole or in part, |
| 63 | in accordance with chapter 44. The mediation shall be |
| 64 | facilitated by a mediator agreed upon by the parties or a |
| 65 | certified circuit court mediator appointed by the administrative |
| 66 | hearing officer. |
| 67 | 2. Grant relief that includes, but is not limited to: |
| 68 | a. Waiver of the rule that is cited as a cause of economic |
| 69 | hardship or that creates an undue burden upon the small business |
| 70 | to operate in a competitive manner. |
| 71 | b. Modification of the rule in order to eliminate or |
| 72 | reduce the economic hardship for the small business so long as |
| 73 | such modification does not reduce public safety. |
| 74 | c. Referral of the rule, policy, or decision to the |
| 75 | Administrative Procedures Committee and the Small Business |
| 76 | Regulatory Advisory Council for review and comment. |
| 77 | Section 2. This act shall take effect July 1, 2010. |