Florida Senate - 2018                                     SB 912
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-00695-18                                             2018912__
    1                        A bill to be entitled                      
    2         An act relating to agency rulemaking; amending s.
    3         120.54, F.S.; requiring certain notices to include an
    4         agency website address for a specified purpose;
    5         requiring an agency to prepare a statement of
    6         estimated regulatory costs before adopting or amending
    7         any rule other than an emergency rule; requiring an
    8         agency to prepare a statement of estimated regulatory
    9         costs before repealing a rule in certain
   10         circumstances; providing for the consideration of
   11         challenges to a rule repeal; amending s. 120.541,
   12         F.S.; requiring the Department of State to include on
   13         the Florida Administrative Register website the agency
   14         website addresses where statements of estimated
   15         regulatory costs can be viewed in their entirety;
   16         requiring an agency to include in its notice of
   17         intended action the agency website address where the
   18         statement of estimated regulatory costs can be read in
   19         its entirety; requiring an agency to provide a notice
   20         of revision when the agency revises a statement of
   21         estimated regulatory costs; providing an effective
   22         date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Paragraphs (a) and (b) of subsection (3) of
   27  section 120.54, Florida Statutes, are amended to read:
   28         120.54 Rulemaking.—
   29         (3) ADOPTION PROCEDURES.—
   30         (a) Notices.—
   31         1. Prior to the adoption, amendment, or repeal of any rule
   32  other than an emergency rule, an agency, upon approval of the
   33  agency head, shall give notice of its intended action, setting
   34  forth a short, plain explanation of the purpose and effect of
   35  the proposed action; the full text of the proposed rule or
   36  amendment and a summary thereof; a reference to the grant of
   37  rulemaking authority pursuant to which the rule is adopted; and
   38  a reference to the section or subsection of the Florida Statutes
   39  or the Laws of Florida being implemented or interpreted. The
   40  notice must include a summary of the agency’s statement of the
   41  estimated regulatory costs, if one has been prepared, based on
   42  the factors set forth in s. 120.541(2); an agency website
   43  address where the statement of estimated regulatory costs can be
   44  viewed in its entirety; a statement that any person who wishes
   45  to provide the agency with information regarding the statement
   46  of estimated regulatory costs, or to provide a proposal for a
   47  lower cost regulatory alternative as provided by s. 120.541(1),
   48  must do so in writing within 21 days after publication of the
   49  notice; and a statement as to whether, based on the statement of
   50  the estimated regulatory costs or other information expressly
   51  relied upon and described by the agency if no statement of
   52  regulatory costs is required, the proposed rule is expected to
   53  require legislative ratification pursuant to s. 120.541(3). The
   54  notice must state the procedure for requesting a public hearing
   55  on the proposed rule. Except when the intended action is the
   56  repeal of a rule, the notice must include a reference both to
   57  the date on which and to the place where the notice of rule
   58  development that is required by subsection (2) appeared.
   59         2. The notice shall be published in the Florida
   60  Administrative Register not less than 28 days prior to the
   61  intended action. The proposed rule shall be available for
   62  inspection and copying by the public at the time of the
   63  publication of notice.
   64         3. The notice shall be mailed to all persons named in the
   65  proposed rule and to all persons who, at least 14 days prior to
   66  such mailing, have made requests of the agency for advance
   67  notice of its proceedings. The agency shall also give such
   68  notice as is prescribed by rule to those particular classes of
   69  persons to whom the intended action is directed.
   70         4. The adopting agency shall file with the committee, at
   71  least 21 days prior to the proposed adoption date, a copy of
   72  each rule it proposes to adopt; a copy of any material
   73  incorporated by reference in the rule; a detailed written
   74  statement of the facts and circumstances justifying the proposed
   75  rule; a copy of any statement of estimated regulatory costs that
   76  has been prepared pursuant to s. 120.541; a statement of the
   77  extent to which the proposed rule relates to federal standards
   78  or rules on the same subject; and the notice required by
   79  subparagraph 1.
   80         (b) Special matters to be considered in rule adoption.—
   81         1. Statement of estimated regulatory costs.—Before the
   82  adoption or, amendment, or repeal of any rule other than an
   83  emergency rule, an agency must is encouraged to prepare a
   84  statement of estimated regulatory costs of the proposed rule, as
   85  provided by s. 120.541. However, an agency is not required to
   86  prepare a statement of estimated regulatory costs for a rule
   87  repeal unless such repeal would impose a regulatory cost. In any
   88  challenge to a rule repeal, such rule repeal must be considered
   89  presumptively correct by the Administrative Procedures
   90  Committee, in any proceeding before the Division of
   91  Administrative Hearings, or in any proceeding before a court of
   92  competent jurisdiction. However, an agency must prepare a
   93  statement of estimated regulatory costs of the proposed rule, as
   94  provided by s. 120.541, if:
   95         a.The proposed rule will have an adverse impact on small
   96  business; or
   97         b.The proposed rule is likely to directly or indirectly
   98  increase regulatory costs in excess of $200,000 in the aggregate
   99  in this state within 1 year after the implementation of the
  100  rule.
  101         2. Small businesses, small counties, and small cities.—
  102         a. Each agency, before the adoption, amendment, or repeal
  103  of a rule, shall consider the impact of the rule on small
  104  businesses as defined by s. 288.703 and the impact of the rule
  105  on small counties or small cities as defined by s. 120.52.
  106  Whenever practicable, an agency shall tier its rules to reduce
  107  disproportionate impacts on small businesses, small counties, or
  108  small cities to avoid regulating small businesses, small
  109  counties, or small cities that do not contribute significantly
  110  to the problem the rule is designed to address. An agency may
  111  define “small business” to include businesses employing more
  112  than 200 persons, may define “small county” to include those
  113  with populations of more than 75,000, and may define “small
  114  city” to include those with populations of more than 10,000, if
  115  it finds that such a definition is necessary to adapt a rule to
  116  the needs and problems of small businesses, small counties, or
  117  small cities. The agency shall consider each of the following
  118  methods for reducing the impact of the proposed rule on small
  119  businesses, small counties, and small cities, or any combination
  120  of these entities:
  121         (I) Establishing less stringent compliance or reporting
  122  requirements in the rule.
  123         (II) Establishing less stringent schedules or deadlines in
  124  the rule for compliance or reporting requirements.
  125         (III) Consolidating or simplifying the rule’s compliance or
  126  reporting requirements.
  127         (IV) Establishing performance standards or best management
  128  practices to replace design or operational standards in the
  129  rule.
  130         (V) Exempting small businesses, small counties, or small
  131  cities from any or all requirements of the rule.
  132         b.(I) If the agency determines that the proposed action
  133  will affect small businesses as defined by the agency as
  134  provided in sub-subparagraph a., the agency shall send written
  135  notice of the rule to the rules ombudsman in the Executive
  136  Office of the Governor at least 28 days before the intended
  137  action.
  138         (II) Each agency shall adopt those regulatory alternatives
  139  offered by the rules ombudsman in the Executive Office of the
  140  Governor and provided to the agency no later than 21 days after
  141  the rules ombudsman’s receipt of the written notice of the rule
  142  which it finds are feasible and consistent with the stated
  143  objectives of the proposed rule and which would reduce the
  144  impact on small businesses. When regulatory alternatives are
  145  offered by the rules ombudsman in the Executive Office of the
  146  Governor, the 90-day period for filing the rule in subparagraph
  147  (e)2. is extended for a period of 21 days.
  148         (III) If an agency does not adopt all alternatives offered
  149  pursuant to this sub-subparagraph, it shall, before rule
  150  adoption or amendment and pursuant to subparagraph (d)1., file a
  151  detailed written statement with the committee explaining the
  152  reasons for failure to adopt such alternatives. Within 3 working
  153  days after the filing of such notice, the agency shall send a
  154  copy of such notice to the rules ombudsman in the Executive
  155  Office of the Governor.
  156         Section 2. Paragraph (b) of subsection (1) of section
  157  120.541, Florida Statutes, is amended, and subsection (6) is
  158  added to that section, to read:
  159         120.541 Statement of estimated regulatory costs.—
  160         (1)
  161         (b) If a proposed rule will have an adverse impact on small
  162  business or if the proposed rule is likely to directly or
  163  indirectly increase regulatory costs in excess of $200,000 in
  164  the aggregate within 1 year after the implementation of the
  165  rule, the agency shall prepare a statement of estimated
  166  regulatory costs as required by s. 120.54(3)(b).
  167         (6)The Department of State shall include on the Florida
  168  Administrative Register website the agency website addresses
  169  where statements of estimated regulatory costs can be viewed in
  170  their entirety.
  171         (a)An agency that prepares a statement of estimated
  172  regulatory costs must provide, as part of the notice required
  173  under s. 120.54(3)(a), the agency website address where the
  174  statement of estimated regulatory cost can be read in its
  175  entirety to the department for publication in the Florida
  176  Administrative Register.
  177         (b)An agency that revises a statement of estimated
  178  regulatory costs must provide a notice that a revision has been
  179  made and an agency website address where the revision can be
  180  viewed for publication in the Florida Administrative Register.
  181         Section 3. This act shall take effect July 1, 2018.