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. |