Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 108
       
       
       
       
       
       
                                Ì345014sÎ345014                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/12/2025           .                                
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       The Committee on Rules (Grall) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (20), (21), and (22) of
    6  section 120.52, Florida Statutes, are redesignated as
    7  subsections (21), (22), and (23), respectively, and a new
    8  subsection (20) is added to that section, to read:
    9         120.52 Definitions.—As used in this act:
   10         (20) “Technical change” means a change limited to
   11  correcting citations or grammatical, typographical, or similar
   12  errors that do not affect the substance of the rule.
   13         Section 2. Paragraphs (b) and (i) of subsection (1),
   14  paragraph (a) of subsection (2), paragraphs (a), (b), (d), and
   15  (e) of subsection (3), subsection (4), and paragraph (a) of
   16  subsection (7) of section 120.54, Florida Statutes, are amended
   17  to read:
   18         120.54 Rulemaking.—
   19         (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN
   20  EMERGENCY RULES.—
   21         (b) Whenever an act of the Legislature is enacted which
   22  requires implementation of the act by rules of an agency within
   23  the executive branch of state government, the agency must
   24  publish a notice of intended agency action such rules shall be
   25  drafted and formally proposed as provided in this section within
   26  90 days after the effective date of the act granting rulemaking
   27  authority within the times provided in s. 120.74(4) and (5).
   28         (i)1. A rule may incorporate material by reference but only
   29  as the material exists on the date the rule is adopted. For
   30  purposes of the rule, changes in the material are not effective
   31  unless the rule is amended to incorporate the changes.
   32         2. An agency rule that incorporates by specific reference
   33  another rule of that agency automatically incorporates
   34  subsequent amendments to the referenced rule unless a contrary
   35  intent is clearly indicated in the referencing rule. A notice of
   36  amendments to a rule that has been incorporated by specific
   37  reference in other rules of that agency must explain the effect
   38  of those amendments on the referencing rules.
   39         3. In rules adopted after December 31, 2010, or reviewed
   40  pursuant to s. 120.5435, material may not be incorporated by
   41  reference unless:
   42         a. The material has been submitted in the prescribed
   43  electronic format to the Department of State and the full text
   44  of the material can be made available for free public access
   45  through an electronic hyperlink from the rule making the
   46  reference in the Florida Administrative Code; or
   47         b. The agency has determined that posting the material on
   48  the Internet for purposes of public examination and inspection
   49  would constitute a violation of federal copyright law, in which
   50  case a statement to that effect, along with the addresses
   51  address of the locations at the Department of State and the
   52  agency at which the material is available for public inspection
   53  and examination, must be included in the notice required by
   54  subparagraph (3)(a)1.
   55         4. In rules proposed after July 1, 2025, material may not
   56  be incorporated by reference unless:
   57         a.The material has been submitted in the prescribed
   58  electronic format to the Department of State and the full text
   59  of the material, in a text-searchable format, can be made
   60  available for free public access through an electronic hyperlink
   61  from the rule making the reference in the Florida Administrative
   62  Register; or
   63         b.The agency has determined that posting the material on
   64  the Internet for purposes of public examination and inspection
   65  would constitute a violation of federal copyright law, in which
   66  case a statement to that effect, along with the addresses of the
   67  locations at the Department of State and the agency at which the
   68  material is available for public inspection and examination,
   69  must be included in the notice required by subparagraph (3)(a)1.
   70         5. A rule may not be amended by reference only. Amendments
   71  must set out the amended rule in full in the same manner as
   72  required by the State Constitution for laws.
   73         6.5. Notwithstanding any contrary provision in this
   74  section, when an adopted rule of the Department of Environmental
   75  Protection or a water management district is incorporated by
   76  reference in the other agency’s rule to implement a provision of
   77  part IV of chapter 373, subsequent amendments to the rule are
   78  not effective as to the incorporating rule unless the agency
   79  incorporating by reference notifies the committee and the
   80  Department of State of its intent to adopt the subsequent
   81  amendment, publishes notice of such intent in the Florida
   82  Administrative Register, and files with the Department of State
   83  a copy of the amended rule incorporated by reference. Changes in
   84  the rule incorporated by reference are effective as to the other
   85  agency 20 days after the date of the published notice and filing
   86  with the Department of State. The Department of State shall
   87  amend the history note of the incorporating rule to show the
   88  effective date of such change. Any substantially affected person
   89  may, within 14 days after the date of publication of the notice
   90  of intent in the Florida Administrative Register, file an
   91  objection to rulemaking with the agency. The objection must
   92  shall specify the portions of the rule incorporated by reference
   93  to which the person objects and the reasons for the objection.
   94  The agency does shall not have the authority under this
   95  subparagraph to adopt those portions of the rule specified in
   96  such objection. The agency shall publish notice of the objection
   97  and of its action in response in the next available issue of the
   98  Florida Administrative Register.
   99         7.If an agency updates or makes a change to a document the
  100  agency created and which is incorporated by reference pursuant
  101  to paragraph (3)(a) or subparagraph (3)(e)1., the update or
  102  change must be coded by underlining new text and striking
  103  through deleted text.
  104         8.6. The Department of State may adopt by rule requirements
  105  for incorporating materials pursuant to this paragraph.
  106         (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.—
  107         (a) Except when the intended action is the repeal of a
  108  rule, agencies shall provide notice of the development of
  109  proposed rules by publication of a notice of rule development in
  110  the Florida Administrative Register before providing notice of a
  111  proposed rule as required by paragraph (3)(a). The notice of
  112  rule development must shall indicate the subject area to be
  113  addressed by rule development, provide a short, plain
  114  explanation of the purpose and effect of the proposed rule, cite
  115  the specific legal authority for the proposed rule, and include
  116  the preliminary text of the proposed rules and incorporated
  117  documents, if available, or a statement of how a person may
  118  promptly obtain, without cost, a copy of any preliminary draft,
  119  if available.
  120         (3) ADOPTION PROCEDURES.—
  121         (a) Notices.—
  122         1. Before Prior to the adoption, amendment, or repeal of
  123  any rule other than an emergency rule, an agency shall, upon
  124  approval of the agency head, shall give notice of its intended
  125  action, setting forth a short, plain explanation of the purpose
  126  and effect of the proposed action; the rule number; the full
  127  text of the proposed rule or amendment and a summary thereof; a
  128  reference to the grant of rulemaking authority pursuant to which
  129  the rule is adopted; and a reference to the section or
  130  subsection of the Florida Statutes or the Laws of Florida being
  131  implemented or interpreted; and the name, e-mail address, and
  132  telephone number of the agency employee who may be contacted
  133  regarding the intended action. The notice must include a summary
  134  of the agency’s statement of the estimated regulatory costs, if
  135  one has been prepared, based on the factors set forth in s.
  136  120.541(2); a statement that any person who wishes to provide
  137  the agency with information regarding the statement of estimated
  138  regulatory costs, or to provide a proposal for a lower cost
  139  regulatory alternative as provided by s. 120.541(1), must do so
  140  in writing within 21 days after publication of the notice; and a
  141  statement as to whether, based on the statement of the estimated
  142  regulatory costs or other information expressly relied upon and
  143  described by the agency if no statement of regulatory costs is
  144  required, the proposed rule is expected to require legislative
  145  ratification pursuant to s. 120.541(3). The notice must state
  146  the procedure for requesting a public hearing on the proposed
  147  rule. Except when the intended action is the repeal of a rule,
  148  the notice must include a reference both to the date on which
  149  and to the place where the notice of rule development that is
  150  required by subsection (2) appeared.
  151         2. The notice must shall be published in the Florida
  152  Administrative Register at least 7 days after the notice of rule
  153  development and at least not less than 28 days before prior to
  154  the intended action. The proposed rule, including all material
  155  proposed to be incorporated by reference, must shall be
  156  available for inspection and copying by the public at the time
  157  of the publication of notice. Material proposed to be
  158  incorporated by reference in the notice required by this
  159  paragraph must be made available in the manner prescribed by
  160  sub-subparagraph (1)(i)3.a. or sub-subparagraph (1)(i)3.b.
  161         3. The notice must shall be mailed or delivered
  162  electronically to all persons named in the proposed rule and to
  163  all persons who have made, at least 14 days before prior to such
  164  mailing or delivery, have made requests of the agency for
  165  advance notice of its proceedings. The agency shall also give
  166  such notice as is prescribed by rule to those particular classes
  167  of persons to whom the intended action is directed.
  168         4. The adopting agency shall file with the committee, at
  169  least 21 days before prior to the proposed adoption date, a copy
  170  of each rule it proposes to adopt; a copy of any material
  171  incorporated by reference in the rule; a detailed written
  172  statement of the facts and circumstances justifying the proposed
  173  rule; a copy of any statement of estimated regulatory costs that
  174  has been prepared pursuant to s. 120.541; a statement of the
  175  extent to which the proposed rule relates to federal standards
  176  or rules on the same subject; and the notice required by
  177  subparagraph 1.
  178         5.If any of the information, other than substantive
  179  changes to the rule text, which is required to be included in
  180  the notice under subparagraph 1. is omitted or is incorrect, the
  181  agency must publish a notice of correction in the Florida
  182  Administrative Register at least 7 days before the intended
  183  agency action. The publication of a notice of correction does
  184  not affect the timeframes for filing the rule for adoption as
  185  set forth in paragraph (e). Technical changes must be published
  186  as a notice of correction.
  187         (b) Special matters to be considered in rule adoption.—
  188         1. Statement of estimated regulatory costs.—Before the
  189  adoption, amendment, or repeal of any rule other than an
  190  emergency rule, an agency is encouraged to prepare a statement
  191  of estimated regulatory costs of the proposed rule, as provided
  192  by s. 120.541. However, an agency must prepare a statement of
  193  estimated regulatory costs of the proposed rule, as provided by
  194  s. 120.541, if:
  195         a. The proposed rule will have an adverse impact on small
  196  business; or
  197         b. The proposed rule is likely to directly or indirectly
  198  increase regulatory costs in excess of $200,000 in the aggregate
  199  in this state within 1 year after the implementation of the
  200  rule.
  201         2. Small businesses, small counties, and small cities.—
  202         a. Each agency, before the adoption, amendment, or repeal
  203  of a rule, shall consider the impact of the rule on small
  204  businesses as defined by s. 288.703 and the impact of the rule
  205  on small counties or small cities as defined by s. 120.52.
  206  Whenever practicable, an agency shall tier its rules to reduce
  207  disproportionate impacts on small businesses, small counties, or
  208  small cities to avoid regulating small businesses, small
  209  counties, or small cities that do not contribute significantly
  210  to the problem the rule is designed to address. An agency may
  211  define “small business” to include businesses employing more
  212  than 200 persons, may define “small county” to include those
  213  with populations of more than 75,000, and may define “small
  214  city” to include those with populations of more than 10,000, if
  215  it finds that such a definition is necessary to adapt a rule to
  216  the needs and problems of small businesses, small counties, or
  217  small cities. The agency shall consider each of the following
  218  methods for reducing the impact of the proposed rule on small
  219  businesses, small counties, and small cities, or any combination
  220  of these entities:
  221         (I) Establishing less stringent compliance or reporting
  222  requirements in the rule.
  223         (II) Establishing less stringent schedules or deadlines in
  224  the rule for compliance or reporting requirements.
  225         (III) Consolidating or simplifying the rule’s compliance or
  226  reporting requirements.
  227         (IV) Establishing performance standards or best management
  228  practices to replace design or operational standards in the
  229  rule.
  230         (V) Exempting small businesses, small counties, or small
  231  cities from any or all requirements of the rule.
  232         b.(I) If the agency determines that the proposed action
  233  will affect small businesses as defined by the agency as
  234  provided in sub-subparagraph a., the agency must shall send
  235  written notice of the rule to the rules ombudsman in the
  236  Executive Office of the Governor at least 28 days before the
  237  intended action.
  238         (II) Each agency shall adopt those regulatory alternatives
  239  offered by the rules ombudsman in the Executive Office of the
  240  Governor and provided to the agency no later than 21 days after
  241  the rules ombudsman’s receipt of the written notice of the rule
  242  which it finds are feasible and consistent with the stated
  243  objectives of the proposed rule and which would reduce the
  244  impact on small businesses. When regulatory alternatives are
  245  offered by the rules ombudsman in the Executive Office of the
  246  Governor, the 90-day period for filing the rule in subparagraph
  247  (e)2. is extended for a period of 21 days. An agency shall
  248  provide the committee a copy of any regulatory alternative
  249  offered to the agency within 7 days after its delivery to the
  250  agency. The agency may not file a rule for adoption before such
  251  regulatory alternative, if applicable, has been provided to the
  252  committee.
  253         (III) If an agency does not adopt all alternatives offered
  254  pursuant to this sub-subparagraph, it must shall, before rule
  255  adoption or amendment and pursuant to subparagraph (d)1., file a
  256  detailed written statement with the committee explaining the
  257  reasons for failure to adopt such alternatives. Within 3 working
  258  days after the filing of such notice, the agency shall send a
  259  copy of such notice to the rules ombudsman in the Executive
  260  Office of the Governor.
  261         (d) Modification or withdrawal of proposed rules.—
  262         1. After the final public hearing on the proposed rule, or
  263  after the time for requesting a hearing has expired, if the rule
  264  has not been changed from the rule as previously filed with the
  265  committee, or contains only technical changes, the adopting
  266  agency must shall file a notice to that effect with the
  267  committee at least 7 days before prior to filing the rule for
  268  adoption. Any change, other than a technical change that does
  269  not affect the substance of the rule, must be supported by the
  270  record of public hearings held on the rule, must be in response
  271  to written material submitted to the agency within 21 days after
  272  the date of publication of the notice of intended agency action
  273  or submitted to the agency between the date of publication of
  274  the notice and the end of the final public hearing, or must be
  275  in response to a proposed objection by the committee. In
  276  addition, when any change is made in a proposed rule, other than
  277  a technical change, the adopting agency shall provide a copy of
  278  a notice of change by certified mail or actual delivery to any
  279  person who requests it in writing no later than 21 days after
  280  the notice required in paragraph (a). The agency shall file the
  281  notice of change with the committee, along with the reasons for
  282  the change, and provide the notice of change to persons
  283  requesting it, at least 21 days before prior to filing the rule
  284  for adoption. The notice of change must shall be published in
  285  the Florida Administrative Register at least 21 days before
  286  prior to filing the rule for adoption. This subparagraph does
  287  not apply to emergency rules adopted pursuant to subsection (4).
  288  Material proposed to be incorporated by reference in the notice
  289  required by this subparagraph must be made available in the
  290  manner prescribed by sub-subparagraph (1)(i)3.a. or sub
  291  subparagraph (1)(i)3.b.
  292         2. After the notice required by paragraph (a) and before
  293  prior to adoption, the agency may withdraw the rule in whole or
  294  in part.
  295         3. After adoption and before the rule becomes effective, a
  296  rule may be modified or withdrawn only in the following
  297  circumstances:
  298         a. When the committee objects to the rule;
  299         b. When a final order, which is not subject to further
  300  appeal, is entered in a rule challenge brought pursuant to s.
  301  120.56 after the date of adoption but before the rule becomes
  302  effective pursuant to subparagraph (e)6.;
  303         c. If the rule requires ratification, when more than 90
  304  days have passed since the rule was filed for adoption without
  305  the Legislature does not ratify ratifying the rule by the
  306  adjournment sine die of the regular session immediately
  307  following the filing for adoption of the rule, in which case the
  308  rule must may be withdrawn, and within 90 days after adjournment
  309  sine die, the agency:
  310         (I)May initiate rulemaking again by publishing the notice
  311  required by s. 120.54(3)(a); or
  312         (II)Must initiate rulemaking again by publishing the
  313  notice required by s. 120.54(3)(a), if the mandatory grant of
  314  rulemaking authority the agency relied upon as authority to
  315  pursue the original rule action is still in effect at the time
  316  of the original rule’s withdrawal but may not be modified; or
  317         d. When the committee notifies the agency that an objection
  318  to the rule is being considered, in which case the rule may be
  319  modified to extend the effective date by not more than 60 days.
  320         4. The agency shall give notice of its decision to withdraw
  321  or modify a rule in the first available issue of the publication
  322  in which the original notice of rulemaking was published, shall
  323  notify those persons described in subparagraph (a)3. in
  324  accordance with the requirements of that subparagraph, and must
  325  shall notify the Department of State if the rule is required to
  326  be filed with the Department of State.
  327         5. After a rule has become effective, it may be repealed or
  328  amended only through the rulemaking procedures specified in this
  329  chapter.
  330         (e) Filing for final adoption; effective date.—
  331         1. If the adopting agency is required to publish its rules
  332  in the Florida Administrative Code, the agency, upon approval of
  333  the agency head, must electronically shall file with the
  334  Department of State a three certified copy copies of the rule it
  335  proposes to adopt; one copy of any material incorporated by
  336  reference in the rule, certified by the agency; a summary of the
  337  rule; a summary of any hearings held on the rule; and a detailed
  338  written statement of the facts and circumstances justifying the
  339  rule. Agencies not required to publish their rules in the
  340  Florida Administrative Code shall file one certified copy of the
  341  proposed rule, and the other material required by this
  342  subparagraph, in the office of the agency head, and such rules
  343  must shall be open to the public.
  344         2. A rule may not be filed for adoption less than 28 days
  345  or more than 90 days after the notice required by paragraph (a),
  346  until 21 days after the notice of change required by paragraph
  347  (d), until 14 days after the final public hearing, until 21 days
  348  after a statement of estimated regulatory costs required under
  349  s. 120.541 has been provided to all persons who submitted a
  350  lower cost regulatory alternative and made available to the
  351  public, or until the administrative law judge has rendered a
  352  decision under s. 120.56(2), whichever applies. When a required
  353  notice of change is published before prior to the expiration of
  354  the time to file the rule for adoption, the period during which
  355  a rule must be filed for adoption is extended to 45 days after
  356  the date of publication. If notice of a public hearing is
  357  published before prior to the expiration of the time to file the
  358  rule for adoption, the period during which a rule must be filed
  359  for adoption is extended to 45 days after adjournment of the
  360  final hearing on the rule, 21 days after receipt of all material
  361  authorized to be submitted at the hearing, or 21 days after
  362  receipt of the transcript, if one is made, whichever is latest.
  363  The term “public hearing” includes any public meeting held by
  364  any agency at which the rule is considered. If a petition for an
  365  administrative determination under s. 120.56(2) is filed, the
  366  period during which a rule must be filed for adoption is
  367  extended to 60 days after the administrative law judge files the
  368  final order with the clerk or until 60 days after subsequent
  369  judicial review is complete.
  370         3. At the time a rule is filed, the agency shall certify
  371  that the time limitations prescribed by this paragraph have been
  372  complied with, that all statutory rulemaking requirements have
  373  been met, and that there is no administrative determination
  374  pending on the rule.
  375         4. At the time a rule is filed, the committee shall certify
  376  whether the agency has responded in writing to all material and
  377  timely written comments or written inquiries made on behalf of
  378  the committee. The department shall reject any rule that is not
  379  filed within the prescribed time limits; that does not comply
  380  with all statutory rulemaking requirements and rules of the
  381  department; upon which an agency has not responded in writing to
  382  all material and timely written inquiries or written comments;
  383  upon which an administrative determination is pending; or which
  384  does not include a statement of estimated regulatory costs, if
  385  required.
  386         5. If a rule has not been adopted within the time limits
  387  imposed by this paragraph or has not been adopted in compliance
  388  with all statutory rulemaking requirements, the agency proposing
  389  the rule must shall withdraw the rule and give notice of its
  390  action in the next available issue of the Florida Administrative
  391  Register.
  392         6. The proposed rule is shall be adopted upon on being
  393  filed with the Department of State and becomes become effective
  394  20 days after being filed, on a later date specified in the
  395  notice required by subparagraph (a)1., on a date required by
  396  statute, or upon ratification by the Legislature pursuant to s.
  397  120.541(3). Rules not required to be filed with the Department
  398  of State shall become effective when adopted by the agency head,
  399  on a later date specified by rule or statute, or upon
  400  ratification by the Legislature pursuant to s. 120.541(3). If
  401  the committee notifies an agency that an objection to a rule is
  402  being considered, the agency may postpone the adoption of the
  403  rule to accommodate review of the rule by the committee. When an
  404  agency postpones adoption of a rule to accommodate review by the
  405  committee, the 90-day period for filing the rule is tolled until
  406  the committee notifies the agency that it has completed its
  407  review of the rule.
  408  
  409  For the purposes of this paragraph, the term “administrative
  410  determination” does not include subsequent judicial review.
  411         (4) EMERGENCY RULES.—
  412         (a) If an agency finds that an immediate danger to the
  413  public health, safety, or welfare requires emergency action, or
  414  if the Legislature authorizes the agency to adopt emergency
  415  rules and finds that all conditions specified in this paragraph
  416  are met, the agency may, within the authority granted to the
  417  agency under the State Constitution or delegated to it by the
  418  Legislature, adopt any rule necessitated by the immediate danger
  419  or legislative finding. The agency may adopt a rule by any
  420  procedure which is fair under the circumstances if:
  421         1. The procedure provides at least the procedural
  422  protection given by other statutes, the State Constitution, or
  423  the United States Constitution.
  424         2. The agency takes only that action necessary to protect
  425  the public interest under the emergency procedure.
  426         3. The agency publishes in writing at the time of, or prior
  427  to, its action the specific facts and reasons for finding an
  428  immediate danger to the public health, safety, or welfare and
  429  its reasons for concluding that the procedure used is fair under
  430  the circumstances. In any event, notice of emergency rules,
  431  other than those of educational units or units of government
  432  with jurisdiction in only one or a part of one county, including
  433  the full text of the rules and the agency’s findings of
  434  immediate danger, necessity, and procedural fairness or a
  435  citation to the grant of emergency rulemaking authority, must,
  436  shall be published in the first available issue of the Florida
  437  Administrative Register and provided to the committee along with
  438  any material incorporated by reference in the rules. The
  439  agency’s findings of immediate danger, necessity, and procedural
  440  fairness are shall be judicially reviewable.
  441         (b) Rules pertaining to the public health, safety, or
  442  welfare must shall include rules pertaining to perishable
  443  agricultural commodities or rules pertaining to the
  444  interpretation and implementation of the requirements of
  445  chapters 97-102 and chapter 105 of the Election Code.
  446         (c)1. An emergency rule adopted under this subsection may
  447  shall not be effective for a period longer than 90 days and may
  448  shall not be renewable, except when the agency has initiated
  449  rulemaking to adopt rules addressing the subject of the
  450  emergency rule and either:
  451         a.1. A challenge to the proposed rules has been filed and
  452  remains pending; or
  453         b.2. The proposed rules are awaiting ratification by the
  454  Legislature pursuant to s. 120.541(3). If the proposed rule is
  455  not ratified during the next regular legislative session, the
  456  emergency rule shall expire at adjournment sine die of that
  457  regular legislative session. The proposed rule must be withdrawn
  458  from ratification in accordance with s. 120.54(3)(d).
  459         2.Nothing in This paragraph does not prohibit prohibits
  460  the agency from adopting a rule or rules identical to the
  461  emergency rule through the rulemaking procedures specified in
  462  subsection (3).
  463         (d) Notice of the renewal of an emergency rule must be
  464  published in the Florida Administrative Register before the
  465  expiration of the existing emergency rule. The notice of renewal
  466  must state the specific facts and reasons for such renewal.
  467         (e)For emergency rules with an effective period greater
  468  than 90 days which are intended to replace existing rules, a
  469  note must be added to the history note of the existing rule
  470  which specifically identifies the emergency rule that is
  471  intended to supersede the existing rule and includes the date
  472  that the emergency rule was filed with the Department of State.
  473         (f)Emergency rules must be published in the Florida
  474  Administrative Code.
  475         (g)An agency may supersede an emergency rule in effect
  476  through adoption of another emergency rule before the superseded
  477  rule expires. The reason for adopting the superseding rule must
  478  be stated in accordance with the procedures set forth in
  479  paragraph (a), and the superseding rule is in effect during the
  480  effective period of the superseded rule.
  481         (h)An agency may make technical changes to an emergency
  482  rule within the first 7 days after the rule is adopted, and such
  483  changes must be published in the Florida Administrative Register
  484  as a notice of correction.
  485         (i) Subject to applicable constitutional and statutory
  486  provisions, an emergency rule becomes effective immediately on
  487  filing, or on a date less than 20 days thereafter if specified
  488  in the rule, if the adopting agency finds that such effective
  489  date is necessary because of immediate danger to the public
  490  health, safety, or welfare.
  491         (j)An agency may repeal an emergency rule before it
  492  expires by providing notice of its intended action in the
  493  Florida Administrative Register. The notice must include the
  494  full text of the emergency rule and a summary thereof; if
  495  applicable, a reference to the rule number; and a short, plain
  496  explanation as to why the conditions specified in accordance
  497  with paragraph (a) no longer require the emergency rule.
  498         (7) PETITION TO INITIATE RULEMAKING.—
  499         (a) Any person regulated by an agency or having substantial
  500  interest in an agency rule may petition an agency to adopt,
  501  amend, or repeal a rule or to provide the minimum public
  502  information required by this chapter. The petition must shall
  503  specify the proposed rule and action requested. The agency shall
  504  provide to the committee a copy of the petition within 7 days
  505  after its receipt. No Not later than 30 calendar days following
  506  the date of filing a petition, the agency shall initiate
  507  rulemaking proceedings under this chapter, otherwise comply with
  508  the requested action, or deny the petition with a written
  509  statement of its reasons for the denial. The agency shall notify
  510  the committee of its intended action or response within 7 days.
  511         Section 3. Paragraph (a) of subsection (1) and subsection
  512  (3) of section 120.541, Florida Statutes, are amended, and
  513  subsection (4) of that section is reenacted, to read:
  514         120.541 Statement of estimated regulatory costs.—
  515         (1)(a) Within 21 days after publication of the notice
  516  required under s. 120.54(3)(a), a substantially affected person
  517  may submit to an agency a good faith written proposal for a
  518  lower cost regulatory alternative to a proposed rule which
  519  substantially accomplishes the objectives of the law being
  520  implemented. The proposal may include the alternative of not
  521  adopting any rule if the proposal explains how the lower costs
  522  and objectives of the law will be achieved by not adopting any
  523  rule. If submitted after a notice of change, a proposal for a
  524  lower cost regulatory alternative is deemed to be made in good
  525  faith only if the person reasonably believes, and the proposal
  526  states, the person’s reasons for believing that the proposed
  527  rule as changed by the notice of change increases the regulatory
  528  costs or creates an adverse impact on small businesses which was
  529  not created by the previously proposed rule. If such a proposal
  530  is submitted, the 90-day period for filing the rule is extended
  531  21 days. Upon the submission of the lower cost regulatory
  532  alternative, the agency shall prepare a statement of estimated
  533  regulatory costs as provided in subsection (2), or shall revise
  534  its prior statement of estimated regulatory costs, and either
  535  adopt the alternative or provide a statement of the reasons for
  536  rejecting the alternative in favor of the proposed rule. The
  537  agency shall provide to the committee, within 7 days after its
  538  receipt, a copy of any proposal for a lower cost regulatory
  539  alternative, and within 7 days after its release, a copy of the
  540  agency’s response thereto. The agency may not file a rule for
  541  adoption before such documents, if applicable, have been
  542  provided to the committee.
  543         (3) If the adverse impact or regulatory costs of the rule
  544  exceed any of the criteria established in paragraph (2)(a), the
  545  rule must shall be submitted to the President of the Senate and
  546  Speaker of the House of Representatives no later than 30 days
  547  before prior to the next regular legislative session, and the
  548  rule may not take effect until it is ratified by the
  549  Legislature. The agency shall notify the committee of its
  550  submission of the rule to the Legislature for ratification
  551  within 3 business days after submittal. If the proposed rule is
  552  not ratified during the next regular legislative session, the
  553  agency must withdraw the rule, and within 90 days after
  554  adjournment sine die of that legislative session:
  555         (a)May initiate rulemaking again by publishing the notice
  556  required by s. 120.54(3)(a); or
  557         (b)Must initiate rulemaking by publishing the notice
  558  required by s. 120.54(3)(a), if the mandatory grant of
  559  rulemaking authority the agency relied on as authority to
  560  initiate the original rulemaking is still in effect at the time
  561  of the original rule’s withdrawal.
  562         (4) Subsection (3) does not apply to the adoption of:
  563         (a) Federal standards pursuant to s. 120.54(6).
  564         (b) Triennial updates of and amendments to the Florida
  565  Building Code which are expressly authorized by s. 553.73.
  566         (c) Triennial updates of and amendments to the Florida Fire
  567  Prevention Code which are expressly authorized by s. 633.202.
  568         Section 4. Section 120.5435, Florida Statutes, is created
  569  to read:
  570         120.5435 Agency review of rules.—
  571         (1)By July 1, 2030, each agency, in coordination with the
  572  committee, shall review all existing rules adopted by the agency
  573  before July 1, 2025, in accordance with this section.
  574         (2)Beginning October 1, 2025, each agency shall include a
  575  list of its existing rules in its annual regulatory plan,
  576  prepared and submitted pursuant to s. 120.74. The agency shall
  577  include a schedule of the rules it will review each year during
  578  the 5-year rule review period. The agency may amend its yearly
  579  schedule in subsequent regulatory plans but must provide for the
  580  completed review of at least 20 percent of the agency’s rules
  581  per year, until all of its subject rules have been reviewed.
  582         (3)The agency rule review must determine whether each
  583  rule:
  584         (a)Is a valid exercise of delegated legislative authority;
  585         (b)Has current statutory authority;
  586         (c)Reiterates or paraphrases statutory material;
  587         (d)Is in proper form;
  588         (e)Is consistent with expressed legislative intent
  589  pertaining to the specific provisions of law which the rule
  590  implements;
  591         (f)Requires a technical or substantive update to reflect
  592  current use; and
  593         (g)Requires updated references to statutory citations and
  594  incorporated materials.
  595         (4)By January 1 of each year, the agency shall submit a
  596  report to the President of the Senate and the Speaker of the
  597  House of Representatives which summarizes the agency’s intended
  598  action on each rule under review during the current fiscal year.
  599         (5)The agency shall take one of the following actions
  600  during its rule review:
  601         (a)Make no change to the rule. If the agency determines
  602  that no change is necessary, the agency must file with the
  603  committee by April 1 a copy of the reviewed rule, a written
  604  statement of its intended action, and its assessment of factors
  605  specified in subsection (3). This determination is not subject
  606  to a challenge as a proposed rule pursuant to s. 120.56(2).
  607         (b)Make a technical change to the rule. If the agency
  608  determines that one or more technical changes are necessary, the
  609  agency must file with the committee by April 1 a copy of the
  610  reviewed rule and the recommended technical change or changes
  611  coded by underlining new text and striking through deleted text,
  612  a written statement of its intended action, its assessment of
  613  the factors specified in subsection (3), and the facts and
  614  circumstances justifying the technical change or changes to the
  615  reviewed rule. This determination is not subject to a challenge
  616  as a proposed rule pursuant to s. 120.56(2).
  617         (c)Make a substantive change to the rule. If the agency
  618  determines that the rule requires a substantive change, the
  619  agency must make all changes, including any technical change, to
  620  the rule in accordance with this chapter. The agency shall
  621  publish a notice of rule development in the Florida
  622  Administrative Register by April 1. The agency shall also file
  623  with the committee by April 1 a copy of the reviewed rule and
  624  the recommended change or changes coded by underlining new text
  625  and striking through deleted text, a written statement of its
  626  intended action, and its assessment of factors specified in
  627  subsection (3). This submission to the committee does not
  628  constitute a notice of rule development as contemplated by s.
  629  120.54(3)(a) and is not required to be in the same form as the
  630  rule that will be proposed by the agency.
  631         (d)Repeal the rule. If an agency determines that the rule
  632  should be repealed, the agency must repeal the rule in
  633  accordance with this chapter. The agency shall publish a notice
  634  of proposed rule development in the Florida Administrative
  635  Register by April 1. The agency shall also file with the
  636  committee by April 1 a written statement of its intended action
  637  and its assessment of factors specified in subsection (3). This
  638  submission to the committee does not constitute a notice of rule
  639  development as contemplated by s. 120.54(3)(a).
  640         (6)The committee shall examine the agency’s rule review
  641  submission. The committee may request from an agency any
  642  information that is reasonably necessary for examination of a
  643  rule as required by subsection (1). If the agency recommends no
  644  change or a technical change to a rule, the committee must
  645  complete its examination within 90 calendar days after the
  646  agency transmits the report required under subsection (4). Upon
  647  completion of its examination, the committee must certify
  648  whether the agency has responded in writing to all material and
  649  timely written comments or inquiries made on behalf of the
  650  committee.
  651         (7)The rule review is completed upon either:
  652         (a)The agency, upon approval of the agency head or his or
  653  her designee, electronically filing a certified copy of the
  654  reviewed rule to which no changes or only technical changes were
  655  made, and the committee’s certification granted pursuant to
  656  subsection (6), with the Department of State.
  657         (b)The agency, for a reviewed rule subject to substantive
  658  change or repeal, timely filing a proposed rule pursuant to s.
  659  120.54.
  660         (8)The Department of State shall publish in the Florida
  661  Administrative Register a notice of the completed rule review
  662  and shall update the history note of the rule in the Florida
  663  Administrative Code to reflect the date of the rule review’s
  664  completion, if applicable.
  665         (9)The hearing requirements of s. 120.54 do not apply to a
  666  rule reviewed pursuant to this section.
  667         (10)The Department of State shall adopt rules to implement
  668  this section no later than December 31, 2025.
  669         (11)This section is repealed July 1, 2032, unless reviewed
  670  and saved from repeal through reenactment by the Legislature.
  671         Section 5. Subsection (1) of section 120.55, Florida
  672  Statutes, is amended to read:
  673         120.55 Publication.—
  674         (1) The Department of State shall:
  675         (a)1. Through a continuous revision and publication system,
  676  compile and publish electronically, on a website managed by the
  677  department, the “Florida Administrative Code.” The Florida
  678  Administrative Code must shall contain all rules adopted by each
  679  agency, citing the grant of rulemaking authority and the
  680  specific law implemented pursuant to which each rule was
  681  adopted, all history notes as authorized in ss. 120.5435 and
  682  120.545(7) s. 120.545(7), complete indexes to all rules and any
  683  material incorporated by reference contained in the code, and
  684  any other material required or authorized by law or deemed
  685  useful by the department. The electronic code must shall display
  686  each rule chapter currently in effect in browse mode and allow
  687  full text search of the code and each rule chapter. The
  688  department may contract with a publishing firm for a printed
  689  publication; however, the department retains shall retain
  690  responsibility for the code as provided in this section. The
  691  electronic publication is shall be the official compilation of
  692  the administrative rules of this state. The Department of State
  693  retains shall retain the copyright over the Florida
  694  Administrative Code.
  695         2. Rules general in form but applicable to only one school
  696  district, community college district, or county, or a part
  697  thereof, or state university rules relating to internal
  698  personnel or business and finance may shall not be published in
  699  the Florida Administrative Code. Exclusion from publication in
  700  the Florida Administrative Code does shall not affect the
  701  validity or effectiveness of such rules.
  702         3. At the beginning of the section of the code dealing with
  703  an agency that files copies of its rules with the department,
  704  the department shall publish the address and telephone number of
  705  the executive offices of each agency, the manner by which the
  706  agency indexes its rules, a listing of all rules of that agency
  707  excluded from publication in the code, a listing of all forms
  708  and material incorporated by reference adopted by rule which are
  709  used by the agency, and a statement as to where those rules may
  710  be inspected.
  711         4. Forms may shall not be published in the Florida
  712  Administrative Code; but any form which an agency uses in its
  713  dealings with the public, along with any accompanying
  714  instructions, must shall be filed with the committee before it
  715  is used. Any form or instruction which meets the definition of
  716  the term “rule” provided in s. 120.52 must shall be incorporated
  717  by reference into the appropriate rule. The reference must shall
  718  specifically state that the form is being incorporated by
  719  reference and shall include the number, title, and effective
  720  date of the form and an explanation of how the form may be
  721  obtained. Each form created by an agency which is incorporated
  722  by reference in a rule notice of which is given under s.
  723  120.54(3)(a) after December 31, 2007, must clearly display the
  724  number, title, and effective date of the form and the number of
  725  the rule in which the form is incorporated.
  726         5. After December 31, 2025, the department shall require
  727  any material incorporated by reference in allow adopted rules
  728  and material incorporated by reference to be filed in electronic
  729  form as prescribed by department rule. When a rule is filed for
  730  adoption with incorporated material in electronic form, the
  731  department’s publication of the Florida Administrative Code on
  732  its website must contain a hyperlink from the incorporating
  733  reference in the rule directly to that material. The department
  734  may not allow hyperlinks from rules in the Florida
  735  Administrative Code to any material other than that filed with
  736  and maintained by the department, but may allow hyperlinks to
  737  incorporated material maintained by the department from the
  738  adopting agency’s website or other sites.
  739         6.The department shall include the date of any technical
  740  changes in the history note of the rule in the Florida
  741  Administrative Code. A technical change does not affect the
  742  effective date of the rule. A technical change made after the
  743  adoption of a rule must be published as a notice of correction.
  744         (b) Electronically publish on a website managed by the
  745  department a continuous revision and publication entitled the
  746  “Florida Administrative Register,” which serves shall serve as
  747  the official publication and must contain:
  748         1. All notices required by s. 120.54(2) and (3)(a), showing
  749  the text of all rules proposed for consideration.
  750         2. All notices of public meetings, hearings, and workshops
  751  conducted in accordance with s. 120.525, including a statement
  752  of the manner in which a copy of the agenda may be obtained.
  753         3. A notice of each request for authorization to amend or
  754  repeal an existing uniform rule or for the adoption of new
  755  uniform rules.
  756         4. Notice of petitions for declaratory statements or
  757  administrative determinations.
  758         5. A list of all rules that were not timely reviewed by
  759  their respective agency, pursuant to s. 120.5435, updated at
  760  least annually.
  761         6. A summary of each objection to any rule filed by the
  762  Administrative Procedures Committee.
  763         7.6. A list of rules filed for adoption in the previous 7
  764  days.
  765         8.7. A list of all rules filed for adoption pending
  766  legislative ratification under s. 120.541(3). A rule shall be
  767  removed from the list once notice of ratification or withdrawal
  768  of the rule is received.
  769         9.8. Any other material required or authorized by law or
  770  deemed useful by the department.
  771  
  772  The department may contract with a publishing firm for a printed
  773  publication of the Florida Administrative Register and make
  774  copies available on an annual subscription basis.
  775         (c) Prescribe by rule the style and form required for
  776  rules, notices, and other materials submitted for filing,
  777  including any rule requiring that documents created by an agency
  778  which are proposed to be incorporated by reference in notices
  779  published pursuant to s. 120.54(3)(a) and (d) be coded as
  780  required in s. 120.54(1)(i)7.
  781         (d) Charge each agency using the Florida Administrative
  782  Register a space rate to cover the costs related to the Florida
  783  Administrative Register and the Florida Administrative Code.
  784         (e) Maintain a permanent record of all notices published in
  785  the Florida Administrative Register.
  786         Section 6. Paragraph (c) of subsection (1) and subsections
  787  (4) through (8) of section 120.74, Florida Statutes, are
  788  amended, and paragraphs (e) and (f) are added to subsection (1)
  789  of that section, to read:
  790         120.74 Agency annual rulemaking and regulatory plans;
  791  reports.—
  792         (1) REGULATORY PLAN.—By October 1 of each year, each agency
  793  shall prepare a regulatory plan.
  794         (c) The plan must include any desired update to the prior
  795  year’s regulatory plan or supplement published pursuant to
  796  subsection (5) (7). If, in a prior year, a law was identified
  797  under this paragraph or under subparagraph (a)1. as a law
  798  requiring rulemaking to implement but a notice of proposed rule
  799  has not been published:
  800         1. The agency shall identify and again list such law,
  801  noting the applicable notice of rule development by citation to
  802  the Florida Administrative Register; or
  803         2. If the agency has subsequently determined that
  804  rulemaking is not necessary to implement the law, the agency
  805  shall identify such law, reference the citation to the
  806  applicable notice of rule development in the Florida
  807  Administrative Register, and provide a concise written
  808  explanation of the reason why the law may be implemented without
  809  rulemaking.
  810         (e)The plan must also include all of the following:
  811         1.A list of the agency’s existing rules scheduled for
  812  review pursuant to s. 120.5435.
  813         2.A 5-year schedule for the review of all existing rules
  814  as of July 1, 2025.
  815         3.A yearly schedule for the rules it will review each year
  816  during the 5-year rule review. The agency may amend this
  817  schedule, if necessary.
  818         (f)The plan must include any desired update to the prior
  819  year’s regulatory plan or supplement thereof, published pursuant
  820  to subsection (5). If, in a prior year, the agency identified a
  821  rule under this paragraph as one requiring review pursuant to s.
  822  120.5435, but the agency has not yet completed an action
  823  described in s. 120.5435(5):
  824         1.The agency must identify and list such rule in its
  825  regulatory plan as an untimely rule review and notify the
  826  committee of such action; or
  827         2.If the agency subsequently determined that the rule
  828  review is not necessary, the agency must identify the rule and
  829  provide a concise written explanation of the reason why the rule
  830  does not require a rule review.
  831         (4) DEADLINE FOR RULE DEVELOPMENT.—By November 1 of each
  832  year, each agency shall publish a notice of rule development
  833  under s. 120.54(2) for each law identified in the agency’s
  834  regulatory plan pursuant to subparagraph (1)(a)1. for which
  835  rulemaking is necessary to implement but for which the agency
  836  did not report the publication of a notice of rule development
  837  under subparagraph (1)(a)2.
  838         (5)CORRECTING THE REGULATORY PLAN DEADLINE TO PUBLISH
  839  PROPOSED RULE.—For each law for which implementing rulemaking is
  840  necessary as identified in the agency’s plan pursuant to
  841  subparagraph (1)(a)1. or subparagraph (1)(c)1., the agency shall
  842  publish a notice of proposed rule pursuant to s. 120.54(3)(a) by
  843  April 1 of the year following the deadline for the regulatory
  844  plan. This deadline may be extended if the agency publishes a
  845  notice of extension in the Florida Administrative Register
  846  identifying each rulemaking proceeding for which an extension is
  847  being noticed by citation to the applicable notice of rule
  848  development as published in the Florida Administrative Register.
  849  The agency shall include a concise statement in the notice of
  850  extension identifying any issues that are causing the delay in
  851  rulemaking. An extension shall expire on October 1 after the
  852  April 1 deadline, provided that the regulatory plan due on
  853  October 1 may further extend the rulemaking proceeding by
  854  identification pursuant to subparagraph (1)(c)1. or conclude the
  855  rulemaking proceeding by identification pursuant to subparagraph
  856  (1)(c)2. A published regulatory plan may be corrected at any
  857  time to accomplish the purpose of extending or concluding an
  858  affected rulemaking proceeding by identifying the applicable
  859  rule pursuant to subparagraph (1)(c)2. The regulatory plan and
  860  is deemed corrected as of the October 1 due date. Upon
  861  publication of a correction, the agency shall publish in the
  862  Florida Administrative Register a notice of the date of the
  863  correction identifying the affected rulemaking proceeding by
  864  applicable citation to the Florida Administrative Register.
  865         (6) CERTIFICATIONS.—Each agency shall file a certification
  866  with the committee upon compliance with subsection (4) and upon
  867  filing a notice under subsection (5) of either a deadline
  868  extension or a regulatory plan correction. A certification may
  869  relate to more than one notice or contemporaneous act. The date
  870  or dates of compliance shall be noted in each certification.
  871         (5)(7) SUPPLEMENTING THE REGULATORY PLAN.—After publication
  872  of the regulatory plan, the agency shall supplement the plan
  873  within 30 days after a bill becomes a law if the law is enacted
  874  before the next regular session of the Legislature and the law
  875  substantively modifies the agency’s specifically delegated legal
  876  duties, unless the law affects all or most state agencies as
  877  identified by letter to the committee from the Governor or the
  878  Attorney General. The supplement must include the information
  879  required in paragraph (1)(a) and shall be published as required
  880  in subsection (2), but no certification or delivery to the
  881  committee is required. The agency shall publish in the Florida
  882  Administrative Register notice of publication of the supplement,
  883  and include a hyperlink on its website or web address for direct
  884  access to the published supplement. For each law reported in the
  885  supplement, if rulemaking is necessary to implement the law, the
  886  agency shall publish a notice of rule development by the later
  887  of the date provided in subsection (4) or 60 days after the bill
  888  becomes a law, and a notice of proposed rule shall be published
  889  by the later of the date provided in subsection (5) or 120 days
  890  after the bill becomes a law. The proposed rule deadline may be
  891  extended to the following October 1 by notice as provided in
  892  subsection (5). If such proposed rule has not been filed by
  893  October 1, a law included in a supplement shall also be included
  894  in the next annual plan pursuant to subsection (1).
  895         (6)(8) FAILURE TO COMPLY.—If an agency fails to comply with
  896  a requirement of paragraph (2)(a) or subsection (5), within 15
  897  days after written demand from the committee or from the chair
  898  of any other legislative committee, the agency shall deliver a
  899  written explanation of the reasons for noncompliance to the
  900  committee, the President of the Senate, the Speaker of the House
  901  of Representatives, and the chair of any legislative committee
  902  requesting the explanation of the reasons for noncompliance.
  903         Section 7. This act shall take effect July 1, 2025.
  904  
  905  ================= T I T L E  A M E N D M E N T ================
  906  And the title is amended as follows:
  907         Delete everything before the enacting clause
  908  and insert:
  909                        A bill to be entitled                      
  910         An act relating to administrative procedures; amending
  911         s. 120.52, F.S.; defining the term “technical change”;
  912         amending s. 120.54, F.S.; requiring agencies to
  913         publish a certain notice of intended agency action
  914         within a specified timeframe; deleting a provision
  915         related to the timeframe within which rules are
  916         required to be drafted and formally proposed;
  917         prohibiting materials from being incorporated by
  918         reference for certain rules reviewed after a specified
  919         date unless certain conditions are met; prohibiting
  920         rules proposed after a specified date from having
  921         materials incorporated by reference unless certain
  922         conditions are met; requiring agencies to use specific
  923         coding if they are updating or making changes to
  924         certain documents incorporated by reference; requiring
  925         that certain notices of rule development include
  926         incorporated documents; revising the notices required
  927         to be issued by agencies before the adoption,
  928         amendment, or repeal of certain rules; requiring that
  929         such notices be published in the Florida
  930         Administrative Register within a specified timeframe;
  931         requiring that specified information be available for
  932         public inspection; requiring that materials
  933         incorporated by reference be made available in a
  934         specified manner; requiring that certain notices be
  935         delivered electronically to all persons who made
  936         requests for such notice; requiring agencies to
  937         publish a notice of correction for certain changes
  938         within a specified timeframe; providing that notices
  939         of correction do not affect certain timeframes;
  940         requiring that technical changes be published as
  941         notices of correction; requiring agencies to provide
  942         copies of any offered regulatory alternatives to the
  943         Administrative Procedures Committee before the agency
  944         files a rule for adoption; requiring that certain
  945         materials incorporated by reference be made available
  946         in a specified manner; requiring that certain rules be
  947         withdrawn if not ratified within the legislative
  948         session immediately following the filing for adoption;
  949         providing that agencies are authorized to initiate
  950         rulemaking, or required to initiate rulemaking under a
  951         specified circumstance, within a specified timeframe
  952         of the adjournment of such legislative session;
  953         reducing the number of certified copies of a proposed
  954         rule that must be electronically filed with the
  955         Department of State; authorizing agencies to adopt
  956         emergency rules under specified conditions; requiring
  957         that specified information be published in the first
  958         available issue of the Florida Administrative Register
  959         and provided to the Administrative Procedures
  960         Committee; providing that if a proposed rule is not
  961         ratified within a specified timeframe, the emergency
  962         rule expires; requiring that the proposed rule be
  963         withdrawn in accordance with a specified provision;
  964         requiring that notices of renewal for emergency rules
  965         be published in the Florida Administrative Register
  966         before expiration of the existing emergency rule;
  967         requiring that such notices contain specified
  968         information; requiring that a note be added to a
  969         certain history note for certain emergency rules;
  970         requiring that emergency rules be published in the
  971         Florida Administrative Code; authorizing agencies to
  972         adopt emergency rules that supersede other emergency
  973         rules; requiring that the reason for such superseding
  974         rules be stated in accordance with specified
  975         provisions; authorizing agencies to make technical
  976         changes to emergency rules within a specified
  977         timeframe; requiring that such changes be published in
  978         the Florida Administrative Register as a notice of
  979         correction; authorizing agencies to repeal emergency
  980         rules by providing a certain notice in the Florida
  981         Administrative Register; requiring agencies to provide
  982         specified petitions to the committee within a
  983         specified timeframe after receipt; requiring agencies
  984         to provide a certain notification to the committee
  985         within a specified timeframe; reenacting and amending
  986         s. 120.541, F.S.; providing that a proposal for a
  987         lower cost regulatory alternative submitted after a
  988         notice of change is made in good faith only if the
  989         proposal contains certain statements; requiring
  990         agencies to provide a copy of such proposals and
  991         responses thereto to the committee within specified
  992         timeframes; prohibiting agencies from filing a rule
  993         for adoption unless such documents are provided to the
  994         committee; requiring agencies to notify the committee
  995         within a specified timeframe that a rule has been
  996         submitted for legislative ratification; providing that
  997         if a proposed rule is not ratified within a specified
  998         timeframe, the agency must withdraw such rule and the
  999         agency may initiate rulemaking again, or must initiate
 1000         rulemaking again under a specified condition; creating
 1001         s. 120.5435, F.S.; requiring agencies, by a specified
 1002         date and in coordination with the committee, to review
 1003         specified rules adopted before a specified date;
 1004         requiring agencies to include a list of existing rules
 1005         and a schedule of rules they plan to review each year
 1006         in a certain regulatory plan; authorizing agencies to
 1007         amend such schedules under specified circumstances but
 1008         requiring that at least a specified percentage of an
 1009         agency’s rules be reviewed each year until completion
 1010         of all reviews; requiring agencies to make specified
 1011         determinations during rule review; providing that
 1012         certain determinations are not subject to challenge as
 1013         a proposed rule; requiring agencies to submit a
 1014         certain report to the Legislature annually by a
 1015         specified date; requiring agencies to take one of
 1016         certain specified actions during rule reviews by a
 1017         specified date; providing requirements for the
 1018         agencies in connection with each of the specified
 1019         actions; requiring the committee to examine agencies’
 1020         rule review submissions; authorizing the committee to
 1021         request certain information from such agencies;
 1022         requiring that such review occur within a specified
 1023         timeframe under specified conditions; requiring the
 1024         committee to issue a certain certification upon
 1025         completion of examinations; specifying circumstances
 1026         under which rule review is considered completed;
 1027         requiring the department to publish a certain notice
 1028         in the Florida Administrative Register; requiring the
 1029         department to adopt rules before a specified date;
 1030         providing for future review and repeal; amending s.
 1031         120.55, F.S.; revising the contents of the Florida
 1032         Administrative Code to conform to changes made by the
 1033         act; requiring, after a specified date, that any
 1034         material incorporated by reference be filed in a
 1035         specified electronic format with the department;
 1036         requiring that the Florida Administrative Register
 1037         contain a certain list; requiring that the department
 1038         prescribe coding for certain documents incorporated by
 1039         reference; amending s. 120.74, F.S.; requiring that
 1040         regulatory plans submitted by agencies include certain
 1041         schedules for rule review and certain desired updates
 1042         to such plans; requiring agencies to take certain
 1043         actions if the agencies have not completed reviewing a
 1044         rule; deleting provisions related to deadlines for
 1045         rule development; deleting deadlines for publishing
 1046         proposed rules; deleting provisions requiring agencies
 1047         to file certain certifications with the committee;
 1048         authorizing agencies to correct a regulatory plan to
 1049         conclude affected rulemaking proceedings by
 1050         identifying certain rules; revising the timeframes
 1051         within which agencies must publish certain notices;
 1052         conforming provisions to changes made by the act;
 1053         providing an effective date.