Florida Senate - 2025 SB 108
By Senator Grall
29-01264-25 2025108__
1 A bill to be entitled
2 An act relating to administrative procedures; amending
3 s. 120.52, F.S.; defining the term “technical change”;
4 amending s. 120.54, F.S.; requiring agencies to
5 publish a certain notice of proposed rule within a
6 specified timeframe; deleting a provision related to
7 the timeframe within which rules are required to be
8 drafted and formally proposed; prohibiting materials
9 from being incorporated by reference for certain rules
10 reviewed after a specified date unless certain
11 conditions are met; prohibiting rules proposed after a
12 specified date from having materials incorporated by
13 reference unless certain conditions are met; requiring
14 agencies to use specific coding if they are updating
15 or making changes to certain documents incorporated by
16 reference; requiring that certain notices of rule
17 development include incorporated documents; revising
18 the notices required to be issued by agencies before
19 the adoption, amendment, or repeal of certain rules;
20 requiring that such notices be published in the
21 Florida Administrative Register within a specified
22 timeframe; requiring that specified information be
23 available for public inspection; requiring that
24 materials incorporated by reference be made available
25 in a specified manner; requiring that certain notices
26 be delivered electronically to all persons who made
27 requests for such notice; requiring agencies to
28 publish a notice of correction for certain changes;
29 providing that notices of correction do not affect
30 certain timeframes; requiring that technical changes
31 be published as notices of correction; requiring
32 agencies to provide copies of any offered regulatory
33 alternatives to the Administrative Procedures
34 Committee before the agency files a rule for adoption;
35 requiring that certain materials incorporated by
36 reference be made available in a specified manner;
37 requiring that certain rules be withdrawn if not
38 ratified within the legislative session immediately
39 following the filing for adoption; requiring the
40 agency to reinitiate rulemaking within a specified
41 timeframe of the adjournment of such legislative
42 session; reducing the number of certified copies of a
43 proposed rule that must be electronically filed with
44 the Department of State; authorizing agencies to adopt
45 emergency rules under specified conditions; requiring
46 that specified information be published in the first
47 available issue of the Florida Administrative Register
48 and provided to the Administrative Procedures
49 Committee; requiring that notices of renewal for
50 emergency rules be published in the Florida
51 Administrative Register before expiration of the
52 existing emergency rule; requiring that such notices
53 contain specified information; requiring that a note
54 be added to a certain history note for certain
55 emergency rules; requiring that emergency rules be
56 published in the Florida Administrative Code;
57 authorizing agencies to adopt emergency rules that
58 supersede other emergency rules; requiring that the
59 reason for such superseding rules be stated in
60 accordance with specified provisions; authorizing
61 agencies to make technical changes to emergency rules
62 within a specified timeframe; requiring that such
63 changes be published in the Florida Administrative
64 Register as a notice of correction; authorizing
65 agencies to repeal emergency rules by providing a
66 certain notice in the Florida Administrative Register;
67 requiring agencies to provide specified petitions to
68 the committee within a specified timeframe after
69 receipt; requiring agencies to provide a certain
70 notification to the committee within a specified
71 timeframe; reenacting and amending s. 120.541, F.S.;
72 providing that a proposal for a lower cost regulatory
73 alternative submitted after a notice of change is made
74 in good faith only if the proposal contains certain
75 statements; requiring agencies to provide a copy of
76 such proposals and responses thereto to the committee
77 within specified timeframes; prohibiting agencies from
78 filing a rule for adoption unless such proposals are
79 provided to the committee; requiring agencies to
80 notify the committee within a specified timeframe that
81 a rule has been submitted for legislative
82 ratification; creating s. 120.5435, F.S.; requiring
83 agencies, by a specified date and in coordination with
84 the committee, to review specified rules adopted
85 before a specified date; requiring agencies to include
86 a list of existing rules and a schedule of rules they
87 plan to review each year in a certain regulatory plan;
88 authorizing agencies to amend such schedules under
89 specified circumstances but requiring that at least a
90 specified percentage of an agency’s rules be reviewed
91 each year until completion of all reviews; requiring
92 agencies to make specified determinations during rule
93 review; requiring agencies to submit a certain report
94 to the Legislature annually by a specified date;
95 requiring agencies to take one of certain specified
96 actions during rule reviews by a specified date;
97 providing requirements for the agencies in connection
98 with each of the specified actions; requiring the
99 committee to examine agencies’ rule review
100 submissions; authorizing the committee to request
101 certain information from such agencies; requiring that
102 such review occur within a specified timeframe under
103 specified conditions; requiring the committee to issue
104 a certain certification upon completion of
105 examinations; specifying circumstances under which
106 rule review is considered completed; requiring the
107 department to publish a certain notice in the Florida
108 Administrative Register; providing construction;
109 providing applicability; requiring the department to
110 adopt rules before a specified date; providing for
111 future review and repeal; amending s. 120.55, F.S.;
112 revising the contents of the Florida Administrative
113 Code to conform to changes made by the act; requiring,
114 after a specified date, that any material incorporated
115 by reference be filed in a specified electronic format
116 with the department; requiring that the Florida
117 Administrative Register contain a certain list;
118 requiring that the department prescribe coding for
119 certain documents incorporated by reference; amending
120 s. 120.74, F.S.; requiring that regulatory plans
121 submitted by agencies include certain schedules for
122 rule review and certain desired updates to such plans;
123 requiring agencies to take certain actions if the
124 agencies have not completed reviewing a rule; deleting
125 provisions related to deadlines for rule development;
126 deleting deadlines for publishing proposed rules;
127 deleting provisions requiring agencies to file certain
128 certifications with the committee; authorizing
129 agencies to correct a regulatory plan to conclude
130 affected rulemaking proceedings by identifying certain
131 rules; revising the timeframes within which agencies
132 must publish certain notices; conforming provisions to
133 changes made by the act; providing an effective date.
134
135 Be It Enacted by the Legislature of the State of Florida:
136
137 Section 1. Present subsections (20), (21), and (22) of
138 section 120.52, Florida Statutes, are redesignated as
139 subsections (21), (22), and (23), respectively, and a new
140 subsection (20) is added to that section, to read:
141 120.52 Definitions.—As used in this act:
142 (20) “Technical change” means a change limited to
143 correcting citations or grammatical, typographical, or similar
144 errors that do not affect the substance of the rule.
145 Section 2. Paragraphs (b) and (i) of subsection (1),
146 paragraph (a) of subsection (2), paragraphs (a), (b), (d), and
147 (e) of subsection (3), subsection (4), and paragraph (a) of
148 subsection (7) of section 120.54, Florida Statutes, are amended
149 to read:
150 120.54 Rulemaking.—
151 (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN
152 EMERGENCY RULES.—
153 (b) Whenever an act of the Legislature is enacted which
154 requires implementation of the act by rules of an agency, the
155 agency must publish a notice of proposed rule within the
156 executive branch of state government, such rules shall be
157 drafted and formally proposed as provided in this section within
158 90 days after the effective date of the act granting rulemaking
159 authority within the times provided in s. 120.74(4) and (5).
160 (i)1. A rule may incorporate material by reference but only
161 as the material exists on the date the rule is adopted. For
162 purposes of the rule, changes in the material are not effective
163 unless the rule is amended to incorporate the changes.
164 2. An agency rule that incorporates by specific reference
165 another rule of that agency automatically incorporates
166 subsequent amendments to the referenced rule unless a contrary
167 intent is clearly indicated in the referencing rule. A notice of
168 amendments to a rule that has been incorporated by specific
169 reference in other rules of that agency must explain the effect
170 of those amendments on the referencing rules.
171 3. In rules adopted after December 31, 2010, or reviewed
172 pursuant to s. 120.5435, material may not be incorporated by
173 reference unless:
174 a. The material has been submitted in the prescribed
175 electronic format to the Department of State and the full text
176 of the material can be made available for free public access
177 through an electronic hyperlink from the rule making the
178 reference in the Florida Administrative Code; or
179 b. The agency has determined that posting the material on
180 the Internet for purposes of public examination and inspection
181 would constitute a violation of federal copyright law, in which
182 case a statement to that effect, along with the address of
183 locations at the Department of State and the agency at which the
184 material is available for public inspection and examination,
185 must be included in the notice required by subparagraph (3)(a)1.
186 4. In rules proposed after July 1, 2025, material may not
187 be incorporated by reference unless:
188 a. The material has been submitted in the prescribed
189 electronic format to the Department of State and the full text
190 of the material can be made available for free public access
191 through an electronic hyperlink from the rule making the
192 reference in the Florida Administrative Register; or
193 b. The agency has determined that posting the material on
194 the Internet for purposes of public examination and inspection
195 would constitute a violation of federal copyright law, in which
196 case a statement to that effect, along with the address of
197 locations at the Department of State and the agency at which the
198 material is available for public inspection and examination,
199 must be included in the notice required by subparagraph (3)(a)1.
200 5. A rule may not be amended by reference only. Amendments
201 must set out the amended rule in full in the same manner as
202 required by the State Constitution for laws.
203 6.5. Notwithstanding any contrary provision in this
204 section, when an adopted rule of the Department of Environmental
205 Protection or a water management district is incorporated by
206 reference in the other agency’s rule to implement a provision of
207 part IV of chapter 373, subsequent amendments to the rule are
208 not effective as to the incorporating rule unless the agency
209 incorporating by reference notifies the committee and the
210 Department of State of its intent to adopt the subsequent
211 amendment, publishes notice of such intent in the Florida
212 Administrative Register, and files with the Department of State
213 a copy of the amended rule incorporated by reference. Changes in
214 the rule incorporated by reference are effective as to the other
215 agency 20 days after the date of the published notice and filing
216 with the Department of State. The Department of State shall
217 amend the history note of the incorporating rule to show the
218 effective date of such change. Any substantially affected person
219 may, within 14 days after the date of publication of the notice
220 of intent in the Florida Administrative Register, file an
221 objection to rulemaking with the agency. The objection must
222 shall specify the portions of the rule incorporated by reference
223 to which the person objects and the reasons for the objection.
224 The agency does shall not have the authority under this
225 subparagraph to adopt those portions of the rule specified in
226 such objection. The agency shall publish notice of the objection
227 and of its action in response in the next available issue of the
228 Florida Administrative Register.
229 7. If an agency updates or makes a change to a document the
230 agency created and which is incorporated by reference pursuant
231 to paragraph (3)(a) or subparagraph (3)(e)1., the update or
232 change must be coded by underlining new text and striking
233 through deleted text.
234 8.6. The Department of State may adopt by rule requirements
235 for incorporating materials pursuant to this paragraph.
236 (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.—
237 (a) Except when the intended action is the repeal of a
238 rule, agencies shall provide notice of the development of
239 proposed rules by publication of a notice of rule development in
240 the Florida Administrative Register before providing notice of a
241 proposed rule as required by paragraph (3)(a). The notice of
242 rule development must shall indicate the subject area to be
243 addressed by rule development, provide a short, plain
244 explanation of the purpose and effect of the proposed rule, cite
245 the specific legal authority for the proposed rule, and include
246 the preliminary text of the proposed rules and incorporated
247 documents, if available, or a statement of how a person may
248 promptly obtain, without cost, a copy of any preliminary draft,
249 if available.
250 (3) ADOPTION PROCEDURES.—
251 (a) Notices.—
252 1. Before Prior to the adoption, amendment, or repeal of
253 any rule other than an emergency rule, an agency shall, upon
254 approval of the agency head, shall give notice of its intended
255 action, setting forth a short, plain explanation of the purpose
256 and effect of the proposed action; the rule number; the full
257 text of the proposed rule or amendment and a summary thereof; a
258 reference to the grant of rulemaking authority pursuant to which
259 the rule is adopted; and a reference to the section or
260 subsection of the Florida Statutes or the Laws of Florida being
261 implemented or interpreted; and the name, e-mail address, and
262 telephone number of the agency employee who may be contacted
263 regarding the intended action. The notice must include a summary
264 of the agency’s statement of the estimated regulatory costs, if
265 one has been prepared, based on the factors set forth in s.
266 120.541(2); a statement that any person who wishes to provide
267 the agency with information regarding the statement of estimated
268 regulatory costs, or to provide a proposal for a lower cost
269 regulatory alternative as provided by s. 120.541(1), must do so
270 in writing within 21 days after publication of the notice; and a
271 statement as to whether, based on the statement of the estimated
272 regulatory costs or other information expressly relied upon and
273 described by the agency if no statement of regulatory costs is
274 required, the proposed rule is expected to require legislative
275 ratification pursuant to s. 120.541(3). The notice must state
276 the procedure for requesting a public hearing on the proposed
277 rule. Except when the intended action is the repeal of a rule,
278 the notice must include a reference both to the date on which
279 and to the place where the notice of rule development that is
280 required by subsection (2) appeared.
281 2. The notice must shall be published in the Florida
282 Administrative Register at least 7 days after the notice of rule
283 development and at least not less than 28 days before prior to
284 the intended action. The proposed rule, including all material
285 proposed to be incorporated by reference, must shall be
286 available for inspection and copying by the public at the time
287 of the publication of notice. Material proposed to be
288 incorporated by reference in the notice required by this
289 paragraph must be made available in the manner prescribed by
290 sub-subparagraph (1)(i)3.a. or sub-subparagraph (1)(i)3.b.
291 3. The notice must shall be mailed or delivered
292 electronically to all persons named in the proposed rule and to
293 all persons who have made, at least 14 days before prior to such
294 mailing or delivery, have made requests of the agency for
295 advance notice of its proceedings. The agency shall also give
296 such notice as is prescribed by rule to those particular classes
297 of persons to whom the intended action is directed.
298 4. The adopting agency shall file with the committee, at
299 least 21 days before prior to the proposed adoption date, a copy
300 of each rule it proposes to adopt; a copy of any material
301 incorporated by reference in the rule; a detailed written
302 statement of the facts and circumstances justifying the proposed
303 rule; a copy of any statement of estimated regulatory costs that
304 has been prepared pursuant to s. 120.541; a statement of the
305 extent to which the proposed rule relates to federal standards
306 or rules on the same subject; and the notice required by
307 subparagraph 1.
308 5. If any of the information, other than substantive
309 changes to the rule text, which is required to be included in
310 the notice under subparagraph 1. is omitted or is incorrect, the
311 agency must publish a notice of correction in the Florida
312 Administrative Register. A notice of correction does not affect
313 the timeframes for filing the rule for adoption as set forth in
314 paragraph (e). Technical changes must be published as a notice
315 of correction.
316 (b) Special matters to be considered in rule adoption.—
317 1. Statement of estimated regulatory costs.—Before the
318 adoption, amendment, or repeal of any rule other than an
319 emergency rule, an agency is encouraged to prepare a statement
320 of estimated regulatory costs of the proposed rule, as provided
321 by s. 120.541. However, an agency must prepare a statement of
322 estimated regulatory costs of the proposed rule, as provided by
323 s. 120.541, if:
324 a. The proposed rule will have an adverse impact on small
325 business; or
326 b. The proposed rule is likely to directly or indirectly
327 increase regulatory costs in excess of $200,000 in the aggregate
328 in this state within 1 year after the implementation of the
329 rule.
330 2. Small businesses, small counties, and small cities.—
331 a. Each agency, before the adoption, amendment, or repeal
332 of a rule, shall consider the impact of the rule on small
333 businesses as defined by s. 288.703 and the impact of the rule
334 on small counties or small cities as defined by s. 120.52.
335 Whenever practicable, an agency shall tier its rules to reduce
336 disproportionate impacts on small businesses, small counties, or
337 small cities to avoid regulating small businesses, small
338 counties, or small cities that do not contribute significantly
339 to the problem the rule is designed to address. An agency may
340 define “small business” to include businesses employing more
341 than 200 persons, may define “small county” to include those
342 with populations of more than 75,000, and may define “small
343 city” to include those with populations of more than 10,000, if
344 it finds that such a definition is necessary to adapt a rule to
345 the needs and problems of small businesses, small counties, or
346 small cities. The agency shall consider each of the following
347 methods for reducing the impact of the proposed rule on small
348 businesses, small counties, and small cities, or any combination
349 of these entities:
350 (I) Establishing less stringent compliance or reporting
351 requirements in the rule.
352 (II) Establishing less stringent schedules or deadlines in
353 the rule for compliance or reporting requirements.
354 (III) Consolidating or simplifying the rule’s compliance or
355 reporting requirements.
356 (IV) Establishing performance standards or best management
357 practices to replace design or operational standards in the
358 rule.
359 (V) Exempting small businesses, small counties, or small
360 cities from any or all requirements of the rule.
361 b.(I) If the agency determines that the proposed action
362 will affect small businesses as defined by the agency as
363 provided in sub-subparagraph a., the agency must shall send
364 written notice of the rule to the rules ombudsman in the
365 Executive Office of the Governor at least 28 days before the
366 intended action.
367 (II) Each agency shall adopt those regulatory alternatives
368 offered by the rules ombudsman in the Executive Office of the
369 Governor and provided to the agency no later than 21 days after
370 the rules ombudsman’s receipt of the written notice of the rule
371 which it finds are feasible and consistent with the stated
372 objectives of the proposed rule and which would reduce the
373 impact on small businesses. When regulatory alternatives are
374 offered by the rules ombudsman in the Executive Office of the
375 Governor, the 90-day period for filing the rule in subparagraph
376 (e)2. is extended for a period of 21 days. An agency shall
377 provide the committee a copy of any regulatory alternative
378 offered to the agency within 7 days after its delivery to the
379 agency. The agency may not file a rule for adoption before such
380 regulatory alternative, if applicable, has been provided to the
381 committee.
382 (III) If an agency does not adopt all alternatives offered
383 pursuant to this sub-subparagraph, it must shall, before rule
384 adoption or amendment and pursuant to subparagraph (d)1., file a
385 detailed written statement with the committee explaining the
386 reasons for failure to adopt such alternatives. Within 3 working
387 days after the filing of such notice, the agency shall send a
388 copy of such notice to the rules ombudsman in the Executive
389 Office of the Governor.
390 (d) Modification or withdrawal of proposed rules.—
391 1. After the final public hearing on the proposed rule, or
392 after the time for requesting a hearing has expired, if the rule
393 has not been changed from the rule as previously filed with the
394 committee, or contains only technical changes, the adopting
395 agency must shall file a notice to that effect with the
396 committee at least 7 days prior to filing the rule for adoption.
397 Any change, other than a technical change that does not affect
398 the substance of the rule, must be supported by the record of
399 public hearings held on the rule, must be in response to written
400 material submitted to the agency within 21 days after the date
401 of publication of the notice of intended agency action or
402 submitted to the agency between the date of publication of the
403 notice and the end of the final public hearing, or must be in
404 response to a proposed objection by the committee. In addition,
405 when any change is made in a proposed rule, other than a
406 technical change, the adopting agency shall provide a copy of a
407 notice of change by certified mail or actual delivery to any
408 person who requests it in writing no later than 21 days after
409 the notice required in paragraph (a). The agency shall file the
410 notice of change with the committee, along with the reasons for
411 the change, and provide the notice of change to persons
412 requesting it, at least 21 days before prior to filing the rule
413 for adoption. The notice of change must shall be published in
414 the Florida Administrative Register at least 21 days before
415 prior to filing the rule for adoption. This subparagraph does
416 not apply to emergency rules adopted pursuant to subsection (4).
417 Material proposed to be incorporated by reference in the notice
418 required by this subparagraph must be made available in the
419 manner prescribed by sub-subparagraph (1)(i)3.a. or sub
420 subparagraph (1)(i)3.b.
421 2. After the notice required by paragraph (a) and before
422 prior to adoption, the agency may withdraw the rule in whole or
423 in part.
424 3. After adoption and before the rule becomes effective, a
425 rule may be modified or withdrawn only in the following
426 circumstances:
427 a. When the committee objects to the rule;
428 b. When a final order, which is not subject to further
429 appeal, is entered in a rule challenge brought pursuant to s.
430 120.56 after the date of adoption but before the rule becomes
431 effective pursuant to subparagraph (e)6.;
432 c. If the rule requires ratification, when more than 90
433 days have passed since the rule was filed for adoption without
434 the Legislature does not ratify ratifying the rule by the
435 adjournment sine die of the regular session immediately
436 following the filing for adoption of the rule, in which case the
437 rule must may be withdrawn and the agency must initiate
438 rulemaking in accordance with this section within 90 days of
439 adjournment sine die but may not be modified; or
440 d. When the committee notifies the agency that an objection
441 to the rule is being considered, in which case the rule may be
442 modified to extend the effective date by not more than 60 days.
443 4. The agency shall give notice of its decision to withdraw
444 or modify a rule in the first available issue of the publication
445 in which the original notice of rulemaking was published, shall
446 notify those persons described in subparagraph (a)3. in
447 accordance with the requirements of that subparagraph, and must
448 shall notify the Department of State if the rule is required to
449 be filed with the Department of State.
450 5. After a rule has become effective, it may be repealed or
451 amended only through the rulemaking procedures specified in this
452 chapter.
453 (e) Filing for final adoption; effective date.—
454 1. If the adopting agency is required to publish its rules
455 in the Florida Administrative Code, the agency, upon approval of
456 the agency head, must electronically shall file with the
457 Department of State a three certified copy copies of the rule it
458 proposes to adopt; one copy of any material incorporated by
459 reference in the rule, certified by the agency; a summary of the
460 rule; a summary of any hearings held on the rule; and a detailed
461 written statement of the facts and circumstances justifying the
462 rule. Agencies not required to publish their rules in the
463 Florida Administrative Code shall file one certified copy of the
464 proposed rule, and the other material required by this
465 subparagraph, in the office of the agency head, and such rules
466 must shall be open to the public.
467 2. A rule may not be filed for adoption less than 28 days
468 or more than 90 days after the notice required by paragraph (a),
469 until 21 days after the notice of change required by paragraph
470 (d), until 14 days after the final public hearing, until 21 days
471 after a statement of estimated regulatory costs required under
472 s. 120.541 has been provided to all persons who submitted a
473 lower cost regulatory alternative and made available to the
474 public, or until the administrative law judge has rendered a
475 decision under s. 120.56(2), whichever applies. When a required
476 notice of change is published before prior to the expiration of
477 the time to file the rule for adoption, the period during which
478 a rule must be filed for adoption is extended to 45 days after
479 the date of publication. If notice of a public hearing is
480 published before prior to the expiration of the time to file the
481 rule for adoption, the period during which a rule must be filed
482 for adoption is extended to 45 days after adjournment of the
483 final hearing on the rule, 21 days after receipt of all material
484 authorized to be submitted at the hearing, or 21 days after
485 receipt of the transcript, if one is made, whichever is latest.
486 The term “public hearing” includes any public meeting held by
487 any agency at which the rule is considered. If a petition for an
488 administrative determination under s. 120.56(2) is filed, the
489 period during which a rule must be filed for adoption is
490 extended to 60 days after the administrative law judge files the
491 final order with the clerk or until 60 days after subsequent
492 judicial review is complete.
493 3. At the time a rule is filed, the agency shall certify
494 that the time limitations prescribed by this paragraph have been
495 complied with, that all statutory rulemaking requirements have
496 been met, and that there is no administrative determination
497 pending on the rule.
498 4. At the time a rule is filed, the committee shall certify
499 whether the agency has responded in writing to all material and
500 timely written comments or written inquiries made on behalf of
501 the committee. The department shall reject any rule that is not
502 filed within the prescribed time limits; that does not comply
503 with all statutory rulemaking requirements and rules of the
504 department; upon which an agency has not responded in writing to
505 all material and timely written inquiries or written comments;
506 upon which an administrative determination is pending; or which
507 does not include a statement of estimated regulatory costs, if
508 required.
509 5. If a rule has not been adopted within the time limits
510 imposed by this paragraph or has not been adopted in compliance
511 with all statutory rulemaking requirements, the agency proposing
512 the rule must shall withdraw the rule and give notice of its
513 action in the next available issue of the Florida Administrative
514 Register.
515 6. The proposed rule is shall be adopted upon on being
516 filed with the Department of State and becomes become effective
517 20 days after being filed, on a later date specified in the
518 notice required by subparagraph (a)1., on a date required by
519 statute, or upon ratification by the Legislature pursuant to s.
520 120.541(3). Rules not required to be filed with the Department
521 of State shall become effective when adopted by the agency head,
522 on a later date specified by rule or statute, or upon
523 ratification by the Legislature pursuant to s. 120.541(3). If
524 the committee notifies an agency that an objection to a rule is
525 being considered, the agency may postpone the adoption of the
526 rule to accommodate review of the rule by the committee. When an
527 agency postpones adoption of a rule to accommodate review by the
528 committee, the 90-day period for filing the rule is tolled until
529 the committee notifies the agency that it has completed its
530 review of the rule.
531
532 For the purposes of this paragraph, the term “administrative
533 determination” does not include subsequent judicial review.
534 (4) EMERGENCY RULES.—
535 (a) If an agency finds that an immediate danger to the
536 public health, safety, or welfare requires emergency action, or
537 if the Legislature authorizes the agency to adopt emergency
538 rules and finds that all conditions specified in this paragraph
539 are met, the agency may, within the authority granted to the
540 agency under the State Constitution or delegated to it by the
541 Legislature, adopt any rule necessitated by the immediate danger
542 or legislative finding. The agency may adopt a rule by any
543 procedure which is fair under the circumstances if:
544 1. The procedure provides at least the procedural
545 protection given by other statutes, the State Constitution, or
546 the United States Constitution.
547 2. The agency takes only that action necessary to protect
548 the public interest under the emergency procedure.
549 3. The agency publishes in writing at the time of, or prior
550 to, its action the specific facts and reasons for finding an
551 immediate danger to the public health, safety, or welfare and
552 its reasons for concluding that the procedure used is fair under
553 the circumstances. In any event, notice of emergency rules,
554 other than those of educational units or units of government
555 with jurisdiction in only one or a part of one county, including
556 the full text of the rules and the agency’s findings of
557 immediate danger, necessity, and procedural fairness or a
558 citation to the grant of emergency rulemaking authority, must,
559 shall be published in the first available issue of the Florida
560 Administrative Register and provided to the committee along with
561 any material incorporated by reference in the rules. The
562 agency’s findings of immediate danger, necessity, and procedural
563 fairness are shall be judicially reviewable.
564 (b) Rules pertaining to the public health, safety, or
565 welfare must shall include rules pertaining to perishable
566 agricultural commodities or rules pertaining to the
567 interpretation and implementation of the requirements of
568 chapters 97-102 and chapter 105 of the Election Code.
569 (c)1. An emergency rule adopted under this subsection may
570 shall not be effective for a period longer than 90 days and may
571 shall not be renewable, except when the agency has initiated
572 rulemaking to adopt rules addressing the subject of the
573 emergency rule and either:
574 a.1. A challenge to the proposed rules has been filed and
575 remains pending; or
576 b.2. The proposed rules are awaiting ratification by the
577 Legislature pursuant to s. 120.541(3).
578 2. Nothing in This paragraph does not prohibit prohibits
579 the agency from adopting a rule or rules identical to the
580 emergency rule through the rulemaking procedures specified in
581 subsection (3).
582 (d) Notice of the renewal of an emergency rule must be
583 published in the Florida Administrative Register before the
584 expiration of the existing emergency rule. The notice of renewal
585 must state the specific facts and reasons for such renewal.
586 (e) For emergency rules with an effective period greater
587 than 90 days which are intended to replace existing rules, a
588 note must be added to the history note of the existing rule
589 which specifically identifies the emergency rule that is
590 intended to supersede the existing rule and includes the date
591 that the emergency rule was filed with the Department of State.
592 (f) Emergency rules must be published in the Florida
593 Administrative Code.
594 (g) An agency may supersede an emergency rule in effect
595 through adoption of another emergency rule before the superseded
596 rule expires. The reason for adopting the superseding rule must
597 be stated in accordance with the procedures set forth in
598 paragraph (a), and the superseding rule is in effect during the
599 effective period of the superseded rule.
600 (h) An agency may make technical changes to an emergency
601 rule within the first 7 days after the rule is adopted, and such
602 changes must be published in the Florida Administrative Register
603 as a notice of correction.
604 (i) Subject to applicable constitutional and statutory
605 provisions, an emergency rule becomes effective immediately on
606 filing, or on a date less than 20 days thereafter if specified
607 in the rule, if the adopting agency finds that such effective
608 date is necessary because of immediate danger to the public
609 health, safety, or welfare.
610 (j) An agency may repeal an emergency rule before it
611 expires by providing notice of its intended action in the
612 Florida Administrative Register. The notice must include the
613 full text of the emergency rule and a summary thereof; if
614 applicable, a reference to the rule number; and a short, plain
615 explanation as to why the conditions specified in accordance
616 with paragraph (a) no longer require the emergency rule.
617 (7) PETITION TO INITIATE RULEMAKING.—
618 (a) Any person regulated by an agency or having substantial
619 interest in an agency rule may petition an agency to adopt,
620 amend, or repeal a rule or to provide the minimum public
621 information required by this chapter. The petition must shall
622 specify the proposed rule and action requested. The agency shall
623 provide to the committee a copy of the petition within 7 days
624 after its receipt. No Not later than 30 calendar days following
625 the date of filing a petition, the agency shall initiate
626 rulemaking proceedings under this chapter, otherwise comply with
627 the requested action, or deny the petition with a written
628 statement of its reasons for the denial. The agency shall notify
629 the committee of its intended action or response within 7 days.
630 Section 3. Paragraph (a) of subsection (1) and subsection
631 (3) of section 120.541, Florida Statutes, are amended, and
632 subsection (4) of that section is reenacted, to read:
633 120.541 Statement of estimated regulatory costs.—
634 (1)(a) Within 21 days after publication of the notice
635 required under s. 120.54(3)(a), a substantially affected person
636 may submit to an agency a good faith written proposal for a
637 lower cost regulatory alternative to a proposed rule which
638 substantially accomplishes the objectives of the law being
639 implemented. The proposal may include the alternative of not
640 adopting any rule if the proposal explains how the lower costs
641 and objectives of the law will be achieved by not adopting any
642 rule. If submitted after a notice of change, a proposal for a
643 lower cost regulatory alternative is deemed to be made in good
644 faith only if the person reasonably believes, and the proposal
645 states, the person’s reasons for believing that the proposed
646 rule as changed by the notice of change increases the regulatory
647 costs or creates an adverse impact on small businesses which was
648 not created by the previously proposed rule. If such a proposal
649 is submitted, the 90-day period for filing the rule is extended
650 21 days. Upon the submission of the lower cost regulatory
651 alternative, the agency shall prepare a statement of estimated
652 regulatory costs as provided in subsection (2), or shall revise
653 its prior statement of estimated regulatory costs, and either
654 adopt the alternative or provide a statement of the reasons for
655 rejecting the alternative in favor of the proposed rule. The
656 agency shall provide to the committee, within 7 days after its
657 receipt, a copy of any proposal for a lower cost regulatory
658 alternative, and within 7 days after its release, a copy of the
659 agency’s response thereto. The agency may not file a rule for
660 adoption before such proposal, if applicable, has been provided
661 to the committee.
662 (3) If the adverse impact or regulatory costs of the rule
663 exceed any of the criteria established in paragraph (2)(a), the
664 rule must shall be submitted to the President of the Senate and
665 Speaker of the House of Representatives no later than 30 days
666 before prior to the next regular legislative session, and the
667 rule may not take effect until it is ratified by the
668 Legislature. The agency shall notify the committee of its
669 submission of the rule to the Legislature for ratification
670 within 3 business days after submittal.
671 (4) Subsection (3) does not apply to the adoption of:
672 (a) Federal standards pursuant to s. 120.54(6).
673 (b) Triennial updates of and amendments to the Florida
674 Building Code which are expressly authorized by s. 553.73.
675 (c) Triennial updates of and amendments to the Florida Fire
676 Prevention Code which are expressly authorized by s. 633.202.
677 Section 4. Section 120.5435, Florida Statutes, is created
678 to read:
679 120.5435 Agency review of rules.—
680 (1) By July 1, 2030, each agency, in coordination with the
681 committee, shall review all existing rules adopted by the agency
682 before July 1, 2025, in accordance with this section.
683 (2) Beginning October 1, 2025, each agency shall include a
684 list of its existing rules in its annual regulatory plan,
685 prepared and submitted pursuant to s. 120.74. The agency shall
686 include a schedule of the rules it will review each year during
687 the 5-year rule review period. The agency may amend its yearly
688 schedule in subsequent regulatory plans but must provide for the
689 completed review of at least 20 percent of the agency’s rules
690 per year, until all of its subject rules have been reviewed.
691 (3) The agency rule review must determine whether each
692 rule:
693 (a) Is a valid exercise of delegated legislative authority;
694 (b) Has current statutory authority;
695 (c) Reiterates or paraphrases statutory material;
696 (d) Is in proper form;
697 (e) Is consistent with expressed legislative intent
698 pertaining to the specific provisions of law which the rule
699 implements;
700 (f) Requires a technical or substantive update to reflect
701 current use; and
702 (g) Requires updated references to statutory citations and
703 incorporated materials.
704 (4) By January 1 of each year, the agency shall submit a
705 report to the President of the Senate and the Speaker of the
706 House of Representatives which summarizes the agency’s intended
707 action on each rule under review during the current fiscal year.
708 (5) The agency shall take one of the following actions
709 during its rule review:
710 (a) Make no change to the rule. If the agency determines
711 that no change is necessary, the agency must file with the
712 committee by April 1 a copy of the reviewed rule, a written
713 statement of its intended action, and its assessment of factors
714 specified in subsection (3).
715 (b) Make a technical change to the rule. If the agency
716 determines that one or more technical changes are necessary, the
717 agency must file with the committee by April 1 a copy of the
718 reviewed rule and the recommended technical change or changes
719 coded by underlining new text and striking through deleted text,
720 a written statement of its intended action, its assessment of
721 the factors specified in subsection (3), and the facts and
722 circumstances justifying the technical change or changes to the
723 reviewed rule.
724 (c) Make a substantive change to the rule. If the agency
725 determines that the rule requires a substantive change, the
726 agency must make all changes, including any technical change, to
727 the rule in accordance with this chapter. The agency shall
728 publish a notice of rule development in the Florida
729 Administrative Register by April 1. The agency shall also file
730 with the committee by April 1 a copy of the reviewed rule and
731 the recommended change or changes coded by underlining new text
732 and striking through deleted text, a written statement of its
733 intended action, and its assessment of factors specified in
734 subsection (3). This submission to the committee does not
735 constitute a notice of rule development as contemplated by s.
736 120.54(3)(a) and is not required to be in the same form as the
737 rule that will be proposed by the agency.
738 (d) Repeal the rule. If an agency determines that the rule
739 should be repealed, the agency must repeal the rule in
740 accordance with this chapter. The agency shall publish a notice
741 of proposed rule development in the Florida Administrative
742 Register by April 1. The agency shall also file with the
743 committee by April 1 a written statement of its intended action
744 and its assessment of factors specified in subsection (3). This
745 submission to the committee does not constitute a notice of rule
746 development as contemplated by s. 120.54(3)(a).
747 (6) The committee shall examine the agency’s rule review
748 submission. The committee may request from an agency any
749 information that is reasonably necessary for examination of a
750 rule as required by subsection (1). If the agency recommends no
751 change or a technical change to a rule, the committee must
752 complete its examination within 90 calendar days after the
753 agency transmits the report required under subsection (4). Upon
754 completion of its examination, the committee must certify
755 whether the agency has responded in writing to all material and
756 timely written comments or inquiries made on behalf of the
757 committee.
758 (7) The rule review is completed upon either:
759 (a) The agency, upon approval of the agency head or his or
760 her designee, electronically filing a certified copy of the
761 reviewed rule to which no changes or only technical changes were
762 made, and the committee’s certification granted pursuant to
763 subsection (6), with the Department of State.
764 (b) The agency, for a reviewed rule subject to substantive
765 change or repeal, timely filing a proposed rule pursuant to s.
766 120.54.
767 (8) The Department of State shall publish in the Florida
768 Administrative Register a notice of the completed rule review
769 and shall update the history note of the rule in the Florida
770 Administrative Code to reflect the date of the rule review’s
771 completion, if applicable.
772 (9) A technical change to a rule reviewed pursuant to this
773 section is not subject to a challenge as a proposed rule
774 pursuant to s. 120.56(2).
775 (10) The hearing requirements of s. 120.54 do not apply to
776 a rule reviewed pursuant to this section.
777 (11) The Department of State shall adopt rules to implement
778 this section no later than December 31, 2025.
779 (12) This section is repealed July 1, 2032, unless reviewed
780 and saved from repeal through reenactment by the Legislature.
781 Section 5. Subsection (1) of section 120.55, Florida
782 Statutes, is amended to read:
783 120.55 Publication.—
784 (1) The Department of State shall:
785 (a)1. Through a continuous revision and publication system,
786 compile and publish electronically, on a website managed by the
787 department, the “Florida Administrative Code.” The Florida
788 Administrative Code must shall contain all rules adopted by each
789 agency, citing the grant of rulemaking authority and the
790 specific law implemented pursuant to which each rule was
791 adopted, all history notes as authorized in ss. 120.5435 and
792 120.545(7) s. 120.545(7), complete indexes to all rules and any
793 material incorporated by reference contained in the code, and
794 any other material required or authorized by law or deemed
795 useful by the department. The electronic code must shall display
796 each rule chapter currently in effect in browse mode and allow
797 full text search of the code and each rule chapter. The
798 department may contract with a publishing firm for a printed
799 publication; however, the department retains shall retain
800 responsibility for the code as provided in this section. The
801 electronic publication is shall be the official compilation of
802 the administrative rules of this state. The Department of State
803 retains shall retain the copyright over the Florida
804 Administrative Code.
805 2. Rules general in form but applicable to only one school
806 district, community college district, or county, or a part
807 thereof, or state university rules relating to internal
808 personnel or business and finance may shall not be published in
809 the Florida Administrative Code. Exclusion from publication in
810 the Florida Administrative Code does shall not affect the
811 validity or effectiveness of such rules.
812 3. At the beginning of the section of the code dealing with
813 an agency that files copies of its rules with the department,
814 the department shall publish the address and telephone number of
815 the executive offices of each agency, the manner by which the
816 agency indexes its rules, a listing of all rules of that agency
817 excluded from publication in the code, a listing of all forms
818 and material incorporated by reference adopted by rule which are
819 used by the agency, and a statement as to where those rules may
820 be inspected.
821 4. Forms may shall not be published in the Florida
822 Administrative Code; but any form which an agency uses in its
823 dealings with the public, along with any accompanying
824 instructions, must shall be filed with the committee before it
825 is used. Any form or instruction which meets the definition of
826 the term “rule” provided in s. 120.52 must shall be incorporated
827 by reference into the appropriate rule. The reference must shall
828 specifically state that the form is being incorporated by
829 reference and shall include the number, title, and effective
830 date of the form and an explanation of how the form may be
831 obtained. Each form created by an agency which is incorporated
832 by reference in a rule notice of which is given under s.
833 120.54(3)(a) after December 31, 2007, must clearly display the
834 number, title, and effective date of the form and the number of
835 the rule in which the form is incorporated.
836 5. After December 31, 2025, the department shall require
837 any material incorporated by reference in allow adopted rules
838 and material incorporated by reference to be filed in electronic
839 form as prescribed by department rule. When a rule is filed for
840 adoption with incorporated material in electronic form, the
841 department’s publication of the Florida Administrative Code on
842 its website must contain a hyperlink from the incorporating
843 reference in the rule directly to that material. The department
844 may not allow hyperlinks from rules in the Florida
845 Administrative Code to any material other than that filed with
846 and maintained by the department, but may allow hyperlinks to
847 incorporated material maintained by the department from the
848 adopting agency’s website or other sites.
849 6. The department shall include the date of any technical
850 changes in the history note of the rule in the Florida
851 Administrative Code. A technical change does not affect the
852 effective date of the rule. A technical change made after the
853 adoption of a rule must be published as a notice of correction.
854 (b) Electronically publish on a website managed by the
855 department a continuous revision and publication entitled the
856 “Florida Administrative Register,” which serves shall serve as
857 the official publication and must contain:
858 1. All notices required by s. 120.54(2) and (3)(a), showing
859 the text of all rules proposed for consideration.
860 2. All notices of public meetings, hearings, and workshops
861 conducted in accordance with s. 120.525, including a statement
862 of the manner in which a copy of the agenda may be obtained.
863 3. A notice of each request for authorization to amend or
864 repeal an existing uniform rule or for the adoption of new
865 uniform rules.
866 4. Notice of petitions for declaratory statements or
867 administrative determinations.
868 5. A list of all rules that were not timely reviewed by
869 their respective agency, pursuant to s. 120.5435, updated at
870 least annually.
871 6. A summary of each objection to any rule filed by the
872 Administrative Procedures Committee.
873 7.6. A list of rules filed for adoption in the previous 7
874 days.
875 8.7. A list of all rules filed for adoption pending
876 legislative ratification under s. 120.541(3). A rule shall be
877 removed from the list once notice of ratification or withdrawal
878 of the rule is received.
879 9.8. Any other material required or authorized by law or
880 deemed useful by the department.
881
882 The department may contract with a publishing firm for a printed
883 publication of the Florida Administrative Register and make
884 copies available on an annual subscription basis.
885 (c) Prescribe by rule the style and form required for
886 rules, notices, and other materials submitted for filing,
887 including any rule requiring that documents created by an agency
888 which are proposed to be incorporated by reference in notices
889 published pursuant to s. 120.54(3)(a) and (d) be coded as
890 required in s. 120.54(1)(i)7.
891 (d) Charge each agency using the Florida Administrative
892 Register a space rate to cover the costs related to the Florida
893 Administrative Register and the Florida Administrative Code.
894 (e) Maintain a permanent record of all notices published in
895 the Florida Administrative Register.
896 Section 6. Paragraph (c) of subsection (1) and subsections
897 (4) through (8) of section 120.74, Florida Statutes, are
898 amended, and paragraphs (e) and (f) are added to subsection (1)
899 of that section, to read:
900 120.74 Agency annual rulemaking and regulatory plans;
901 reports.—
902 (1) REGULATORY PLAN.—By October 1 of each year, each agency
903 shall prepare a regulatory plan.
904 (c) The plan must include any desired update to the prior
905 year’s regulatory plan or supplement published pursuant to
906 subsection (5) (7). If, in a prior year, a law was identified
907 under this paragraph or under subparagraph (a)1. as a law
908 requiring rulemaking to implement but a notice of proposed rule
909 has not been published:
910 1. The agency shall identify and again list such law,
911 noting the applicable notice of rule development by citation to
912 the Florida Administrative Register; or
913 2. If the agency has subsequently determined that
914 rulemaking is not necessary to implement the law, the agency
915 shall identify such law, reference the citation to the
916 applicable notice of rule development in the Florida
917 Administrative Register, and provide a concise written
918 explanation of the reason why the law may be implemented without
919 rulemaking.
920 (e) The plan must also include all of the following:
921 1. A list of the agency’s existing rules scheduled for
922 review pursuant to s. 120.5435.
923 2. A 5-year schedule for the review of all existing rules
924 as of July 1, 2025.
925 3. A yearly schedule for the rules it will review each year
926 during the 5-year rule review. The agency may amend this
927 schedule, if necessary.
928 (f) The plan must include any desired update to the prior
929 year’s regulatory plan or supplement thereof, published pursuant
930 to subsection (5). If, in a prior year, the agency identified a
931 rule under this paragraph as one requiring review pursuant to s.
932 120.5435, but the agency has not yet completed an action
933 described in s. 120.5435(5):
934 1. The agency must identify and list such rule in its
935 regulatory plan as an untimely rule review and notify the
936 committee of such action; or
937 2. If the agency subsequently determined that the rule
938 review is not necessary, the agency must identify the rule and
939 provide a concise written explanation of the reason why the rule
940 does not require a rule review.
941 (4) DEADLINE FOR RULE DEVELOPMENT.—By November 1 of each
942 year, each agency shall publish a notice of rule development
943 under s. 120.54(2) for each law identified in the agency’s
944 regulatory plan pursuant to subparagraph (1)(a)1. for which
945 rulemaking is necessary to implement but for which the agency
946 did not report the publication of a notice of rule development
947 under subparagraph (1)(a)2.
948 (5) CORRECTING THE REGULATORY PLAN DEADLINE TO PUBLISH
949 PROPOSED RULE.—For each law for which implementing rulemaking is
950 necessary as identified in the agency’s plan pursuant to
951 subparagraph (1)(a)1. or subparagraph (1)(c)1., the agency shall
952 publish a notice of proposed rule pursuant to s. 120.54(3)(a) by
953 April 1 of the year following the deadline for the regulatory
954 plan. This deadline may be extended if the agency publishes a
955 notice of extension in the Florida Administrative Register
956 identifying each rulemaking proceeding for which an extension is
957 being noticed by citation to the applicable notice of rule
958 development as published in the Florida Administrative Register.
959 The agency shall include a concise statement in the notice of
960 extension identifying any issues that are causing the delay in
961 rulemaking. An extension shall expire on October 1 after the
962 April 1 deadline, provided that the regulatory plan due on
963 October 1 may further extend the rulemaking proceeding by
964 identification pursuant to subparagraph (1)(c)1. or conclude the
965 rulemaking proceeding by identification pursuant to subparagraph
966 (1)(c)2. A published regulatory plan may be corrected at any
967 time to accomplish the purpose of extending or concluding an
968 affected rulemaking proceeding by identifying the applicable
969 rule pursuant to subparagraph (1)(c)2. The regulatory plan and
970 is deemed corrected as of the October 1 due date. Upon
971 publication of a correction, the agency shall publish in the
972 Florida Administrative Register a notice of the date of the
973 correction identifying the affected rulemaking proceeding by
974 applicable citation to the Florida Administrative Register.
975 (6) CERTIFICATIONS.—Each agency shall file a certification
976 with the committee upon compliance with subsection (4) and upon
977 filing a notice under subsection (5) of either a deadline
978 extension or a regulatory plan correction. A certification may
979 relate to more than one notice or contemporaneous act. The date
980 or dates of compliance shall be noted in each certification.
981 (5)(7) SUPPLEMENTING THE REGULATORY PLAN.—After publication
982 of the regulatory plan, the agency shall supplement the plan
983 within 30 days after a bill becomes a law if the law is enacted
984 before the next regular session of the Legislature and the law
985 substantively modifies the agency’s specifically delegated legal
986 duties, unless the law affects all or most state agencies as
987 identified by letter to the committee from the Governor or the
988 Attorney General. The supplement must include the information
989 required in paragraph (1)(a) and shall be published as required
990 in subsection (2), but no certification or delivery to the
991 committee is required. The agency shall publish in the Florida
992 Administrative Register notice of publication of the supplement,
993 and include a hyperlink on its website or web address for direct
994 access to the published supplement. For each law reported in the
995 supplement, if rulemaking is necessary to implement the law, the
996 agency shall publish a notice of rule development by the later
997 of the date provided in subsection (4) or 60 days after the bill
998 becomes a law, and a notice of proposed rule shall be published
999 by the later of the date provided in subsection (5) or 120 days
1000 after the bill becomes a law. The proposed rule deadline may be
1001 extended to the following October 1 by notice as provided in
1002 subsection (5). If such proposed rule has not been filed by
1003 October 1, a law included in a supplement shall also be included
1004 in the next annual plan pursuant to subsection (1).
1005 (7)(8) FAILURE TO COMPLY.—If an agency fails to comply with
1006 a requirement of paragraph (2)(a) or subsection (5), within 15
1007 days after written demand from the committee or from the chair
1008 of any other legislative committee, the agency shall deliver a
1009 written explanation of the reasons for noncompliance to the
1010 committee, the President of the Senate, the Speaker of the House
1011 of Representatives, and the chair of any legislative committee
1012 requesting the explanation of the reasons for noncompliance.
1013 Section 7. This act shall take effect July 1, 2025.