HB 789

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


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