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.