_h7239_

HB 7239

A bill to be entitled

An act relating to administrative procedure; amending s.

120.74, F.S.; providing for agency reporting of certain

annual regulatory plans; providing for certain omissions

and suspensions of reports; creating s. 120.745, F.S.;

providing for legislative review of agency rules in effect

on or before November 16, 2010; providing definitions;

requiring that each agency complete an enhanced biennial

review of its existing rules; requiring a report of the

enhanced biennial review; providing specifications for the

report; providing for objections and the agency's

response; requiring the performance of a compliance

economic review and report under certain circumstances;

providing specifications for the review; providing

specifications for publishing the final report of the

agency's review; requiring that an agency publish notices,

determinations, and reports in a specified format;

requiring the Department of State to publish certain

notices in the Florida Administrative Weekly; providing

specifications; providing for future review and repeal;

creating s. 120.7455, F.S.; providing that the Legislature

may establish and maintain an Internet-based public survey

of regulatory impacts; providing input details; providing

that legislative leaders may certify in writing to certain

individuals the establishment and identity of any such

Internet-based survey; providing immunities from

enforcement action or prosecution involving information

solicited through the survey; providing protections from

retaliatory enforcement actions; clarifying that the legal

status of a rule that has been determined to be invalid is

not changed by the act; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Subsections (3) and (4) are added to section

120.74, Florida Statutes, to read:

120.74 Agency review, revision, and report.-

(3) Beginning in 2012, and no later than July 1 of each

year, each agency shall file with the President of the Senate,

the Speaker of the House of Representatives, and the committee a

regulatory plan identifying and describing each rule the agency

proposes to adopt for the 12-month period beginning on the July

1 reporting date and ending on the subsequent June 30, excluding

emergency rules.

(4) For the year 2011, the certification required in

subsection (2) may omit any information included in the reports

provided under s. 120.745. Reporting under subsections (1) and

(2) shall be suspended for the year 2013, but required reporting

under those subsections shall resume in 2015 and biennially

thereafter.

Section 2. Section 120.745, Florida Statutes, is created

to read:

120.745 Legislative review of agency rules in effect on or

before November 16, 2010.-

(1) DEFINITIONS.-The following definitions apply

exclusively to this section:

(a) "Agency" has the same meaning and application as

provided in s. 120.52(1), but for the purposes of this section

excludes each officer and governmental entity in the state with

jurisdiction in one county or less than one county, to the

extent the officer or governmental entity is expressly made

subject to chapter 120 by special law.

(b) "Compliance economic review" means a good faith

economic analysis that includes and presents the following

information pertaining to a particular rule:

1. A justification for the rule summarizing the benefits

of the rule; and

2. A statement of estimated regulatory costs as described

in s. 120.541(2), provided that:

a. The period for which impacts described in s.

120.541(2)(a) are estimated shall be 5 years from January 1,

2010, or a later effective date of the rule; and

b. For the analysis required in s. 120.541(2)(a)3., the

estimated regulatory costs over the 5-year period shall be used

instead of the likely increase in regulatory costs after

implementation.

the submission of data to the agency from external sources,

including, but not limited to, local governments, service

providers, clients, licensees, regulated entities, other

constituents, and market participants.

(d) "Revenue rules" means those rules fixing amounts or

providing for the collection of money.

(2) ENHANCED BIENNIAL REVIEW.-By December 1, 2011, each

agency shall complete an enhanced biennial review of the

agency's existing rules to include:

(a) The review and report required by s. 120.74 and an

explanation of how the agency has accomplished the requirements

of s. 120.74(1). This paragraph extends the October 1 deadline

provided in s. 120.74(2) for the year 2011.

(b) A statement as to whether the rule is a revenue rule,

identifying the fund or account into which collections are

deposited, and for each revenue rule, whether the rule

authorizes, imposes, or implements:

1. Registration, license, or inspection fees.

2. Transportation service tolls for road, bridge, rail,

air, waterway, or port access.

3. Fees for a specific service or purpose not included in

subparagraph 1. or subparagraph 2.

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4. Fines, penalties, costs, or attorney fees.

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5. Any tax.

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6. Any other amounts collected that are not covered under

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subparagraphs 1.-5.

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include the following information for each data collection rule:

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1. The statute or statutes authorizing the collection of

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such data.

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2. The purposes for which the agency uses the data and any

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purpose for which the data is used by others.

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3. The policies supporting the reporting and retention of

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the data.

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4. Whether and to what extent the data is exempt from

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public inspection under chapter 119.

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(d) Whether the agency plans to repeal the rule and, if

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so, the estimated timetable for repeal.

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(e) Whether the agency plans to amend the rule and the

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estimated timetable for amendment.

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(f) A division and identification of certain rules for

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further review, divided at the agency's discretion into two

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approximately equal groups, identified as Group 1 and Group 2,

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to include all rules that:

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1. The agency does not plan to amend or repeal on or

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before December 31, 2012;

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2. Were effective on or before November 16, 2010; and

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3. Probably will have, for the 5-year period of time

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beginning January 1, 2010, any of the economic impacts described

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in s. 120.541(2)(a).

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(3) PUBLICATION OF REPORT.-

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(a) Upon completion of the enhanced biennial review

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pursuant to subsection (2), each agency shall publish, in the

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manner provided in subsection (7), a report of the entire

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enhanced biennial review, including the results of the review, a

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complete list of all rules the agency has placed in Group 1 and

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Group 2, and the name, physical address, fax number, and e-mail

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address for the person the agency has designated to receive all

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inquiries, public comments, and objections pertaining to the

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report.

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(b) The report of results shall incorporate a table

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consistent with the following example:

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Possible answers

Exempt or blank

Y (G.R.) or N

Y or N

1 or 2 or blank

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Footnotes:

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1 - If Exempt, use "Exempt" for the following columns: Repeal,

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Amend, and Effective after 11/16/2010.

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2 - Provide notes indicating the statutory authority for data

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collection, the purpose for which the agency uses data, the

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purposes used by others, and policies reporting data collection

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and retention.

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3 - Provide estimated timetable for repeal or amendment.

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4 - For Revenue Rule, include fund or account name in which

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collections are deposited. "G.R." may be used for General

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Revenue.

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(4) OBJECTION TO ENHANCED BIENNIAL REVIEW AND REPORT.-

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Public input on reports required in subsection (3) may be

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provided by stating an objection to the information required in

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paragraphs (2)(b), (c), and (f) and identifying the rule or

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rules to which the objection relates, and shall be submitted in

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writing or electronically to the person designated in the

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report.

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(a) An objection under this subsection to information

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provided in response to subparagraph (2)(f)3. must include

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allegations of fact upon which the objection is based.

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Allegations of fact related to other objections may be included.

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(b) Objections may be submitted by any interested person

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no later than June 1, 2012.

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objection based upon the information provided with the

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objection, treating allegations of fact as if they are true, and

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whether any further review of information available to the

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agency is necessary to correct its report.

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(d) No later than 20 days after the date an objection is

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submitted, the agency shall publish its determination of the

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objection in the manner provided in subsection (7).

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1. The agency's determination with respect to an objection

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is final but not a final agency action subject to further

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proceedings, hearing, or judicial review.

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2. If the agency sustains an objection, it shall amend its

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report within 10 days after the determination and shall publish

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notice of the amendment in the manner provided in subsection

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(7). The amended report shall indicate that a change has been

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made, the date of the last change, and identify the amended

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portions.

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(5) COMPLIANCE ECONOMIC REVIEW OF RULES AND REQUIRED

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REPORT.-Each agency shall perform a compliance economic review

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and report for all Group 1 and Group 2 rules. Group 1 rules

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shall be reviewed and reported on in 2012 and Group 2 rules

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shall be reviewed and reported on in 2013.

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(a) No later than May 1, each agency shall:

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1. Complete a compliance economic review for each rule.

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2. Publish notice of the completed compliance economic

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review for each rule in the manner provided in subsection (7).

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3. Publish a copy of the compliance economic review,

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directions on how and when interested parties may submit lower

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cost regulatory alternatives to the agency, and the date the

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notice is published in the manner provided in subsection (7).

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4. The agency shall submit each compliance economic review

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to the Small Business Regulatory Advisory Council for its

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review.

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(b) Any agency rules reviewed pursuant to Executive Order

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11-01 are exempt from the compliance economic review if the

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review found that the rules do not:

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1. Adversely affect the availability of business services;

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2. Adversely affect job creation or retention;

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3. Place unreasonable restrictions on access to

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employment; or

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4. Impose a significant regulatory-related cost.

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submit lower cost regulatory alternatives to any rule to the

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agency that adopted the rule no later than August 1. Other lower

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cost regulatory alternatives to any rule may be submitted to the

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applicable agency no later than June 15.

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(d) No later than December 1, each agency shall publish a

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final report of the agency's review under this subsection in the

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manner provided in subsection (7). For each rule the report

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shall include:

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1. The text of the rule.

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2. The compliance economic review for the rule.

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3. All lower regulatory cost alternatives received by the

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agency.

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4. The agency's written explanation for rejecting

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submitted lower regulatory cost alternatives.

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5. The agency's justification to repeal, amend, or retain

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the rule without amendment.

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(e) Notice of the report shall be published the manner

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provided in subsection (7).

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(f) By December 1, each agency shall begin proceedings

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under s. 120.54 to amend or repeal those rules so designated in

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the report under this subsection. Proceedings to repeal rules

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are exempt from the requirements for the preparation,

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consideration, or use of a statement of estimated regulatory

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costs under s. 120.54 and the provisions of s. 120.541.

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(6) LEGISLATIVE CONSIDERATION.-With respect to a rule

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identified for retention without amendment in the report

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required in subsection (5), the Legislature may consider

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specific legislation nullifying the rule or altering the

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statutory authority for the rule.

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(7) MANNER OF PUBLICATION OF NOTICES, DETERMINATIONS, AND

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REPORTS.-Agencies shall publish notices, determinations, and

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reports required under this section exclusively in the following

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manner:

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(a) The agency shall publish each notice, determination,

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and complete report on its Internet website. If the agency does

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not have an Internet website, the information shall be published

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on the committee's Internet website using

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www.japc.state.fl.us/[agency name]/ in place of the address of

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the agency's Internet website. The following URL formats shall

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be used:

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1. Reports required under subsection (3), including any

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reports amended as a result of a determination under subsection

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(4):

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[Address of agency's Internet website]/2011_Rule_review/

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[Florida Administrative Code (F.A.C.) title and subtitle

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(if applicable) designation for the rules included].

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(Example: http://www.dos.state.fl.us/2011_Rule_review/1S).

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2. The lists of Group 1 rules and Group 2 rules, required

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under subsection (3):

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[Address of agency's Internet website]/2011_Rule_review/

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Economic_Review/Schedule.

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(Example: http://www.dos.state.fl.us/2011_Rule_review/

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Economic_Review/Schedule)

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3. Determinations under subsection (4):

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[Address of agency's Internet website]/2011_Rule_review/

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Objection_Determination/[F.A.C. Rule number].

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(Example: http://www.dos.state.fl.us/2011_Rule_review/

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Objection_Determination/1S-1.001).

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4. Completed compliance economic reviews reported under

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subsection (5):

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[Address of agency's Internet website]/2011_Rule_review/

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Economic_Review/[F.A.C.Rule number].

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(Example: http://www.dos.state.fl.us/2011_Rule_review/

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Economic_Review/1S-1.001).

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5. Final reports under paragraph (5)(d), with the

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appropriate year:

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[Address of agency's Internet website]/2011_Rule_review/

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Economic_Review/[YYYY_Final_Report].

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(Example: http://www.dos.state.fl.us/2011_Rule_review/

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Economic_Review/2012_Final_Report).

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(b)1. Each notice shall be published using the following

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URL format:

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[Address of agency's Internet website]/

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2011_Rule_review/Notices.

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(Example:

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http://www.dos.state.fl.us/2011_Rule_review/Notices).

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2. Once each week a copy of all notices published in the

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previous week on the Internet under this paragraph shall be

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delivered to the Department of State for publication in the next

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available issue of the Florida Administrative Weekly. A copy

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shall also be delivered by electronic mail to the committee.

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3. Each notice shall identify the publication for which

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notice is being given and include:

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a. The name of the agency.

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b. The name, physical address, fax number, and e-mail

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address for the person designated to receive all inquiries,

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public comments, and objections pertaining to the publication

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identified in the notice.

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c. The particular Internet address through which the

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publication may be accessed.

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d. The date the notice and publication is first published

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on the agency's Internet website.

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complete as of the date the notice, determination, or report is

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posted on the agency's Internet website.

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(8) REPEAL.-This section is repealed July 1, 2014, unless

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subsequently amended or reenacted by the Legislature.

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Section 3. Section 120.7455, Florida Statutes, is created

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to read:

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120.7455 Legislative survey of regulatory impacts.-

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(1) From July 1, 2011, until July 1, 2014, the Legislature

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may establish and maintain an Internet-based public survey of

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regulatory impact soliciting information from Floridians and

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other persons regarding the kind and degree of regulation

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affecting private activities in the state. The input may

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include, but need not be limited to:

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(a) The registered business name or other name of each

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reporting person.

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(b) The number and identity of agencies licensing,

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registering, or permitting lawful activities of the reporting

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person.

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and registrations required for various lawful activities of the

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reporting person.

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(d) The identity of local, state, and federal agencies,

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and other entities acting under color of law, that regulate the

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lawful activities of the reporting person or otherwise exercise

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power to enforce laws applicable to such activities.

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(e) The identification and nature of each ordinance, law,

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or administrative rule or regulation deemed unreasonably

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burdensome by the reporting person.

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(2) The President of the Senate and the Speaker of the

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House of Representatives may certify in writing to the chair of

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the committee and to the Attorney General the establishment and

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identity of any Internet-based public survey established under

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this section.

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(3) Any person reporting or otherwise providing

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information solicited by the Legislature in conformity with this

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section is immune from any enforcement action or prosecution

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that:

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(a) Is instituted on account of, or in reliance upon, the

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fact of reporting or nonreporting of information in response to

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the Legislature's solicitation of information pursuant to this

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section; or

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(b) Uses information provided in response to the

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Legislature's solicitation of information pursuant to this

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section.

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(4) Any alleged violator against whom an enforcement

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action is brought may object to any proposed penalty in excess

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of the minimum provided by law or rule on the basis that the

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action is in retaliation for providing or withholding

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information in response to the Legislature's solicitation of

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information pursuant to this section. If the presiding judge

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determines that the enforcement action was motivated in whole or

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in part by retaliation, any penalty imposed is limited to the

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minimum penalties provided by law for each separate violation

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adjudicated.

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Section 4. This act does not change the legal status of a

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rule that has otherwise been judicially or administratively

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determined to be invalid.

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Section 5. This act shall take effect July 1, 2011.

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