Florida Senate - 2025                              CS for SB 108
       
       
        
       By the Committee on Rules; and Senators Grall, Burgess, and
       Avila
       
       
       
       
       595-02327-25                                           2025108c1
    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 intended agency action
    6         within a specified timeframe; deleting a provision
    7         related to the timeframe within which rules are
    8         required to be drafted and formally proposed;
    9         prohibiting materials from being incorporated by
   10         reference for certain rules reviewed after a specified
   11         date unless certain conditions are met; prohibiting
   12         rules proposed after a specified date from having
   13         materials incorporated by reference unless certain
   14         conditions are met; requiring agencies to use specific
   15         coding if they are updating or making changes to
   16         certain documents incorporated by reference; requiring
   17         that certain notices of rule development include
   18         incorporated documents; revising the notices required
   19         to be issued by agencies before the adoption,
   20         amendment, or repeal of certain rules; requiring that
   21         such notices be published in the Florida
   22         Administrative Register within a specified timeframe;
   23         requiring that specified information be available for
   24         public inspection; requiring that materials
   25         incorporated by reference be made available in a
   26         specified manner; requiring that certain notices be
   27         delivered electronically to all persons who made
   28         requests for such notice; requiring agencies to
   29         publish a notice of correction for certain changes
   30         within a specified timeframe; providing that notices
   31         of correction do not affect certain timeframes;
   32         requiring that technical changes be published as
   33         notices of correction; requiring agencies to provide
   34         copies of any offered regulatory alternatives to the
   35         Administrative Procedures Committee before the agency
   36         files a rule for adoption; requiring that certain
   37         materials incorporated by reference be made available
   38         in a specified manner; requiring that certain rules be
   39         withdrawn if not ratified within the legislative
   40         session immediately following the filing for adoption;
   41         providing that agencies are authorized to initiate
   42         rulemaking, or required to initiate rulemaking under a
   43         specified circumstance, within a specified timeframe
   44         of the adjournment of such legislative session;
   45         reducing the number of certified copies of a proposed
   46         rule that must be electronically filed with the
   47         Department of State; authorizing agencies to adopt
   48         emergency rules under specified conditions; requiring
   49         that specified information be published in the first
   50         available issue of the Florida Administrative Register
   51         and provided to the Administrative Procedures
   52         Committee; providing that if a proposed rule is not
   53         ratified within a specified timeframe, the emergency
   54         rule expires; requiring that the proposed rule be
   55         withdrawn in accordance with a specified provision;
   56         requiring that notices of renewal for emergency rules
   57         be published in the Florida Administrative Register
   58         before expiration of the existing emergency rule;
   59         requiring that such notices contain specified
   60         information; requiring that a note be added to a
   61         certain history note for certain emergency rules;
   62         requiring that emergency rules be published in the
   63         Florida Administrative Code; authorizing agencies to
   64         adopt emergency rules that supersede other emergency
   65         rules; requiring that the reason for such superseding
   66         rules be stated in accordance with specified
   67         provisions; authorizing agencies to make technical
   68         changes to emergency rules within a specified
   69         timeframe; requiring that such changes be published in
   70         the Florida Administrative Register as a notice of
   71         correction; authorizing agencies to repeal emergency
   72         rules by providing a certain notice in the Florida
   73         Administrative Register; requiring agencies to provide
   74         specified petitions to the committee within a
   75         specified timeframe after receipt; requiring agencies
   76         to provide a certain notification to the committee
   77         within a specified timeframe; reenacting and amending
   78         s. 120.541, F.S.; providing that a proposal for a
   79         lower cost regulatory alternative submitted after a
   80         notice of change is made in good faith only if the
   81         proposal contains certain statements; requiring
   82         agencies to provide a copy of such proposals and
   83         responses thereto to the committee within specified
   84         timeframes; prohibiting agencies from filing a rule
   85         for adoption unless such documents are provided to the
   86         committee; requiring agencies to notify the committee
   87         within a specified timeframe that a rule has been
   88         submitted for legislative ratification; providing that
   89         if a proposed rule is not ratified within a specified
   90         timeframe, the agency must withdraw such rule and the
   91         agency may initiate rulemaking again, or must initiate
   92         rulemaking again under a specified condition; creating
   93         s. 120.5435, F.S.; requiring agencies, by a specified
   94         date and in coordination with the committee, to review
   95         specified rules adopted before a specified date;
   96         defining the term “rule”; requiring agencies to
   97         include a list of existing rules and a schedule of
   98         rules they plan to review each year in a certain
   99         regulatory plan; authorizing agencies to amend such
  100         schedules under specified circumstances but requiring
  101         that at least a specified percentage of an agency’s
  102         rules be reviewed each year until completion of all
  103         reviews; requiring agencies to make specified
  104         determinations during rule review; providing that
  105         certain determinations are not subject to challenge as
  106         a proposed rule; requiring agencies to submit a
  107         certain report to the Legislature annually by a
  108         specified date; requiring agencies to take one of
  109         certain specified actions during rule reviews by a
  110         specified date; providing requirements for the
  111         agencies in connection with each of the specified
  112         actions; requiring the committee to examine agencies’
  113         rule review submissions; authorizing the committee to
  114         request certain information from such agencies;
  115         requiring that such review occur within a specified
  116         timeframe under specified conditions; requiring the
  117         committee to issue a certain certification upon
  118         completion of examinations; specifying circumstances
  119         under which rule review is considered completed;
  120         requiring the department to publish a certain notice
  121         in the Florida Administrative Register; requiring the
  122         department to adopt rules before a specified date;
  123         providing for future review and repeal; amending s.
  124         120.55, F.S.; revising the contents of the Florida
  125         Administrative Code to conform to changes made by the
  126         act; requiring, after a specified date, that any
  127         material incorporated by reference be filed in a
  128         specified electronic format with the department;
  129         requiring that the Florida Administrative Register
  130         contain a certain list; requiring that the department
  131         prescribe coding for certain documents incorporated by
  132         reference; amending s. 120.74, F.S.; requiring that
  133         regulatory plans submitted by agencies include certain
  134         schedules for rule review and certain desired updates
  135         to such plans; requiring agencies to take certain
  136         actions if the agencies have not completed reviewing a
  137         rule; requiring agencies to include information
  138         regarding the prior year’s licensing practices in
  139         their regulatory plan; requiring Office of Program
  140         Policy Analysis and Government Accountability to
  141         submit a consolidated report of the agency licensing
  142         data; requiring the Department of State to publish a
  143         hyperlink to the licensing data reports; deleting
  144         provisions related to deadlines for rule development;
  145         deleting deadlines for publishing proposed rules;
  146         deleting provisions requiring agencies to file certain
  147         certifications with the committee; authorizing
  148         agencies to correct a regulatory plan to conclude
  149         affected rulemaking proceedings by identifying certain
  150         rules; revising the timeframes within which agencies
  151         must publish certain notices; conforming provisions to
  152         changes made by the act; providing an effective date.
  153          
  154  Be It Enacted by the Legislature of the State of Florida:
  155  
  156         Section 1. Present subsections (20), (21), and (22) of
  157  section 120.52, Florida Statutes, are redesignated as
  158  subsections (21), (22), and (23), respectively, and a new
  159  subsection (20) is added to that section, to read:
  160         120.52 Definitions.—As used in this act:
  161         (20) “Technical change” means a change limited to
  162  correcting citations or grammatical, typographical, or similar
  163  errors that do not affect the substance of the rule.
  164         Section 2. Paragraphs (b) and (i) of subsection (1),
  165  paragraph (a) of subsection (2), paragraphs (a), (b), (d), and
  166  (e) of subsection (3), subsection (4), and paragraph (a) of
  167  subsection (7) of section 120.54, Florida Statutes, are amended
  168  to read:
  169         120.54 Rulemaking.—
  170         (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN
  171  EMERGENCY RULES.—
  172         (b) Whenever an act of the Legislature is enacted which
  173  requires implementation of the act by rules of an agency within
  174  the executive branch of state government, the agency must
  175  publish a notice of intended agency action such rules shall be
  176  drafted and formally proposed as provided in this section within
  177  90 days after the effective date of the act granting rulemaking
  178  authority within the times provided in s. 120.74(4) and (5).
  179         (i)1. A rule may incorporate material by reference but only
  180  as the material exists on the date the rule is adopted. For
  181  purposes of the rule, changes in the material are not effective
  182  unless the rule is amended to incorporate the changes.
  183         2. An agency rule that incorporates by specific reference
  184  another rule of that agency automatically incorporates
  185  subsequent amendments to the referenced rule unless a contrary
  186  intent is clearly indicated in the referencing rule. A notice of
  187  amendments to a rule that has been incorporated by specific
  188  reference in other rules of that agency must explain the effect
  189  of those amendments on the referencing rules.
  190         3. In rules adopted after December 31, 2010, or reviewed
  191  pursuant to s. 120.5435, material may not be incorporated by
  192  reference unless:
  193         a. The material has been submitted in the prescribed
  194  electronic format to the Department of State and the full text
  195  of the material can be made available for free public access
  196  through an electronic hyperlink from the rule making the
  197  reference in the Florida Administrative Code; or
  198         b. The agency has determined that posting the material on
  199  the Internet for purposes of public examination and inspection
  200  would constitute a violation of federal copyright law, in which
  201  case a statement to that effect, along with the addresses
  202  address of the locations at the Department of State and the
  203  agency at which the material is available for public inspection
  204  and examination, must be included in the notice required by
  205  subparagraph (3)(a)1.
  206         4. In rules proposed after July 1, 2025, material may not
  207  be incorporated by reference unless:
  208         a.The material has been submitted in the prescribed
  209  electronic format to the Department of State and the full text
  210  of the material, in a text-searchable format, can be made
  211  available for free public access through an electronic hyperlink
  212  from the rule making the reference in the Florida Administrative
  213  Register; or
  214         b.The agency has determined that posting the material on
  215  the Internet for purposes of public examination and inspection
  216  would constitute a violation of federal copyright law, in which
  217  case a statement to that effect, along with the addresses of the
  218  locations at the Department of State and the agency at which the
  219  material is available for public inspection and examination,
  220  must be included in the notice required by subparagraph (3)(a)1.
  221         5. A rule may not be amended by reference only. Amendments
  222  must set out the amended rule in full in the same manner as
  223  required by the State Constitution for laws.
  224         6.5. Notwithstanding any contrary provision in this
  225  section, when an adopted rule of the Department of Environmental
  226  Protection or a water management district is incorporated by
  227  reference in the other agency’s rule to implement a provision of
  228  part IV of chapter 373, subsequent amendments to the rule are
  229  not effective as to the incorporating rule unless the agency
  230  incorporating by reference notifies the committee and the
  231  Department of State of its intent to adopt the subsequent
  232  amendment, publishes notice of such intent in the Florida
  233  Administrative Register, and files with the Department of State
  234  a copy of the amended rule incorporated by reference. Changes in
  235  the rule incorporated by reference are effective as to the other
  236  agency 20 days after the date of the published notice and filing
  237  with the Department of State. The Department of State shall
  238  amend the history note of the incorporating rule to show the
  239  effective date of such change. Any substantially affected person
  240  may, within 14 days after the date of publication of the notice
  241  of intent in the Florida Administrative Register, file an
  242  objection to rulemaking with the agency. The objection must
  243  shall specify the portions of the rule incorporated by reference
  244  to which the person objects and the reasons for the objection.
  245  The agency does shall not have the authority under this
  246  subparagraph to adopt those portions of the rule specified in
  247  such objection. The agency shall publish notice of the objection
  248  and of its action in response in the next available issue of the
  249  Florida Administrative Register.
  250         7.If an agency updates or makes a change to a document the
  251  agency created and which is incorporated by reference pursuant
  252  to paragraph (3)(a) or subparagraph (3)(e)1., the update or
  253  change must be coded by underlining new text and striking
  254  through deleted text.
  255         8.6. The Department of State may adopt by rule requirements
  256  for incorporating materials pursuant to this paragraph.
  257         (2) RULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.—
  258         (a) Except when the intended action is the repeal of a
  259  rule, agencies shall provide notice of the development of
  260  proposed rules by publication of a notice of rule development in
  261  the Florida Administrative Register before providing notice of a
  262  proposed rule as required by paragraph (3)(a). The notice of
  263  rule development must shall indicate the subject area to be
  264  addressed by rule development, provide a short, plain
  265  explanation of the purpose and effect of the proposed rule, cite
  266  the specific legal authority for the proposed rule, and include
  267  the preliminary text of the proposed rules and incorporated
  268  documents, if available, or a statement of how a person may
  269  promptly obtain, without cost, a copy of any preliminary draft,
  270  if available.
  271         (3) ADOPTION PROCEDURES.—
  272         (a) Notices.—
  273         1. Before Prior to the adoption, amendment, or repeal of
  274  any rule other than an emergency rule, an agency shall, upon
  275  approval of the agency head, shall give notice of its intended
  276  action, setting forth a short, plain explanation of the purpose
  277  and effect of the proposed action; the rule number; the full
  278  text of the proposed rule or amendment and a summary thereof; a
  279  reference to the grant of rulemaking authority pursuant to which
  280  the rule is adopted; and a reference to the section or
  281  subsection of the Florida Statutes or the Laws of Florida being
  282  implemented or interpreted; and the name, e-mail address, and
  283  telephone number of the agency employee who may be contacted
  284  regarding the intended action. The notice must include a summary
  285  of the agency’s statement of the estimated regulatory costs, if
  286  one has been prepared, based on the factors set forth in s.
  287  120.541(2); a statement that any person who wishes to provide
  288  the agency with information regarding the statement of estimated
  289  regulatory costs, or to provide a proposal for a lower cost
  290  regulatory alternative as provided by s. 120.541(1), must do so
  291  in writing within 21 days after publication of the notice; and a
  292  statement as to whether, based on the statement of the estimated
  293  regulatory costs or other information expressly relied upon and
  294  described by the agency if no statement of regulatory costs is
  295  required, the proposed rule is expected to require legislative
  296  ratification pursuant to s. 120.541(3). The notice must state
  297  the procedure for requesting a public hearing on the proposed
  298  rule. Except when the intended action is the repeal of a rule,
  299  the notice must include a reference both to the date on which
  300  and to the place where the notice of rule development that is
  301  required by subsection (2) appeared.
  302         2. The notice must shall be published in the Florida
  303  Administrative Register at least 7 days after the notice of rule
  304  development and at least not less than 28 days before prior to
  305  the intended action. The proposed rule, including all material
  306  proposed to be incorporated by reference, must shall be
  307  available for inspection and copying by the public at the time
  308  of the publication of notice. Material proposed to be
  309  incorporated by reference in the notice required by this
  310  paragraph must be made available in the manner prescribed by
  311  sub-subparagraph (1)(i)3.a. or sub-subparagraph (1)(i)3.b.
  312         3. The notice must shall be mailed or delivered
  313  electronically to all persons named in the proposed rule and to
  314  all persons who have made, at least 14 days before prior to such
  315  mailing or delivery, have made requests of the agency for
  316  advance notice of its proceedings. The agency shall also give
  317  such notice as is prescribed by rule to those particular classes
  318  of persons to whom the intended action is directed.
  319         4. The adopting agency shall file with the committee, at
  320  least 21 days before prior to the proposed adoption date, a copy
  321  of each rule it proposes to adopt; a copy of any material
  322  incorporated by reference in the rule; a detailed written
  323  statement of the facts and circumstances justifying the proposed
  324  rule; a copy of any statement of estimated regulatory costs that
  325  has been prepared pursuant to s. 120.541; a statement of the
  326  extent to which the proposed rule relates to federal standards
  327  or rules on the same subject; and the notice required by
  328  subparagraph 1.
  329         5.If any of the information, other than substantive
  330  changes to the rule text, which is required to be included in
  331  the notice under subparagraph 1. is omitted or is incorrect, the
  332  agency must publish a notice of correction in the Florida
  333  Administrative Register at least 7 days before the intended
  334  agency action. The publication of a notice of correction does
  335  not affect the timeframes for filing the rule for adoption as
  336  set forth in paragraph (e). Technical changes must be published
  337  as a notice of correction.
  338         (b) Special matters to be considered in rule adoption.—
  339         1. Statement of estimated regulatory costs.—Before the
  340  adoption, amendment, or repeal of any rule other than an
  341  emergency rule, an agency is encouraged to prepare a statement
  342  of estimated regulatory costs of the proposed rule, as provided
  343  by s. 120.541. However, an agency must prepare a statement of
  344  estimated regulatory costs of the proposed rule, as provided by
  345  s. 120.541, if:
  346         a. The proposed rule will have an adverse impact on small
  347  business; or
  348         b. The proposed rule is likely to directly or indirectly
  349  increase regulatory costs in excess of $200,000 in the aggregate
  350  in this state within 1 year after the implementation of the
  351  rule.
  352         2. Small businesses, small counties, and small cities.—
  353         a. Each agency, before the adoption, amendment, or repeal
  354  of a rule, shall consider the impact of the rule on small
  355  businesses as defined by s. 288.703 and the impact of the rule
  356  on small counties or small cities as defined by s. 120.52.
  357  Whenever practicable, an agency shall tier its rules to reduce
  358  disproportionate impacts on small businesses, small counties, or
  359  small cities to avoid regulating small businesses, small
  360  counties, or small cities that do not contribute significantly
  361  to the problem the rule is designed to address. An agency may
  362  define “small business” to include businesses employing more
  363  than 200 persons, may define “small county” to include those
  364  with populations of more than 75,000, and may define “small
  365  city” to include those with populations of more than 10,000, if
  366  it finds that such a definition is necessary to adapt a rule to
  367  the needs and problems of small businesses, small counties, or
  368  small cities. The agency shall consider each of the following
  369  methods for reducing the impact of the proposed rule on small
  370  businesses, small counties, and small cities, or any combination
  371  of these entities:
  372         (I) Establishing less stringent compliance or reporting
  373  requirements in the rule.
  374         (II) Establishing less stringent schedules or deadlines in
  375  the rule for compliance or reporting requirements.
  376         (III) Consolidating or simplifying the rule’s compliance or
  377  reporting requirements.
  378         (IV) Establishing performance standards or best management
  379  practices to replace design or operational standards in the
  380  rule.
  381         (V) Exempting small businesses, small counties, or small
  382  cities from any or all requirements of the rule.
  383         b.(I) If the agency determines that the proposed action
  384  will affect small businesses as defined by the agency as
  385  provided in sub-subparagraph a., the agency must shall send
  386  written notice of the rule to the rules ombudsman in the
  387  Executive Office of the Governor at least 28 days before the
  388  intended action.
  389         (II) Each agency shall adopt those regulatory alternatives
  390  offered by the rules ombudsman in the Executive Office of the
  391  Governor and provided to the agency no later than 21 days after
  392  the rules ombudsman’s receipt of the written notice of the rule
  393  which it finds are feasible and consistent with the stated
  394  objectives of the proposed rule and which would reduce the
  395  impact on small businesses. When regulatory alternatives are
  396  offered by the rules ombudsman in the Executive Office of the
  397  Governor, the 90-day period for filing the rule in subparagraph
  398  (e)2. is extended for a period of 21 days. An agency shall
  399  provide the committee a copy of any regulatory alternative
  400  offered to the agency within 7 days after its delivery to the
  401  agency. The agency may not file a rule for adoption before such
  402  regulatory alternative, if applicable, has been provided to the
  403  committee.
  404         (III) If an agency does not adopt all alternatives offered
  405  pursuant to this sub-subparagraph, it must shall, before rule
  406  adoption or amendment and pursuant to subparagraph (d)1., file a
  407  detailed written statement with the committee explaining the
  408  reasons for failure to adopt such alternatives. Within 3 working
  409  days after the filing of such notice, the agency shall send a
  410  copy of such notice to the rules ombudsman in the Executive
  411  Office of the Governor.
  412         (d) Modification or withdrawal of proposed rules.—
  413         1. After the final public hearing on the proposed rule, or
  414  after the time for requesting a hearing has expired, if the rule
  415  has not been changed from the rule as previously filed with the
  416  committee, or contains only technical changes, the adopting
  417  agency must shall file a notice to that effect with the
  418  committee at least 7 days before prior to filing the rule for
  419  adoption. Any change, other than a technical change that does
  420  not affect the substance of the rule, must be supported by the
  421  record of public hearings held on the rule, must be in response
  422  to written material submitted to the agency within 21 days after
  423  the date of publication of the notice of intended agency action
  424  or submitted to the agency between the date of publication of
  425  the notice and the end of the final public hearing, or must be
  426  in response to a proposed objection by the committee. In
  427  addition, when any change is made in a proposed rule, other than
  428  a technical change, the adopting agency shall provide a copy of
  429  a notice of change by certified mail or actual delivery to any
  430  person who requests it in writing no later than 21 days after
  431  the notice required in paragraph (a). The agency shall file the
  432  notice of change with the committee, along with the reasons for
  433  the change, and provide the notice of change to persons
  434  requesting it, at least 21 days before prior to filing the rule
  435  for adoption. The notice of change must shall be published in
  436  the Florida Administrative Register at least 21 days before
  437  prior to filing the rule for adoption. This subparagraph does
  438  not apply to emergency rules adopted pursuant to subsection (4).
  439  Material proposed to be incorporated by reference in the notice
  440  required by this subparagraph must be made available in the
  441  manner prescribed by sub-subparagraph (1)(i)3.a. or sub
  442  subparagraph (1)(i)3.b.
  443         2. After the notice required by paragraph (a) and before
  444  prior to adoption, the agency may withdraw the rule in whole or
  445  in part.
  446         3. After adoption and before the rule becomes effective, a
  447  rule may be modified or withdrawn only in the following
  448  circumstances:
  449         a. When the committee objects to the rule;
  450         b. When a final order, which is not subject to further
  451  appeal, is entered in a rule challenge brought pursuant to s.
  452  120.56 after the date of adoption but before the rule becomes
  453  effective pursuant to subparagraph (e)6.;
  454         c. If the rule requires ratification, when more than 90
  455  days have passed since the rule was filed for adoption without
  456  the Legislature does not ratify ratifying the rule by the
  457  adjournment sine die of the regular session immediately
  458  following the filing for adoption of the rule, in which case the
  459  rule must may be withdrawn, and within 90 days after adjournment
  460  sine die, the agency:
  461         (I)May initiate rulemaking again by publishing the notice
  462  required by s. 120.54(3)(a); or
  463         (II)Must initiate rulemaking again by publishing the
  464  notice required by s. 120.54(3)(a), if the mandatory grant of
  465  rulemaking authority the agency relied upon as authority to
  466  pursue the original rule action is still in effect at the time
  467  of the original rule’s withdrawal but may not be modified; or
  468         d. When the committee notifies the agency that an objection
  469  to the rule is being considered, in which case the rule may be
  470  modified to extend the effective date by not more than 60 days.
  471         4. The agency shall give notice of its decision to withdraw
  472  or modify a rule in the first available issue of the publication
  473  in which the original notice of rulemaking was published, shall
  474  notify those persons described in subparagraph (a)3. in
  475  accordance with the requirements of that subparagraph, and must
  476  shall notify the Department of State if the rule is required to
  477  be filed with the Department of State.
  478         5. After a rule has become effective, it may be repealed or
  479  amended only through the rulemaking procedures specified in this
  480  chapter.
  481         (e) Filing for final adoption; effective date.—
  482         1. If the adopting agency is required to publish its rules
  483  in the Florida Administrative Code, the agency, upon approval of
  484  the agency head, must electronically shall file with the
  485  Department of State a three certified copy copies of the rule it
  486  proposes to adopt; one copy of any material incorporated by
  487  reference in the rule, certified by the agency; a summary of the
  488  rule; a summary of any hearings held on the rule; and a detailed
  489  written statement of the facts and circumstances justifying the
  490  rule. Agencies not required to publish their rules in the
  491  Florida Administrative Code shall file one certified copy of the
  492  proposed rule, and the other material required by this
  493  subparagraph, in the office of the agency head, and such rules
  494  must shall be open to the public.
  495         2. A rule may not be filed for adoption less than 28 days
  496  or more than 90 days after the notice required by paragraph (a),
  497  until 21 days after the notice of change required by paragraph
  498  (d), until 14 days after the final public hearing, until 21 days
  499  after a statement of estimated regulatory costs required under
  500  s. 120.541 has been provided to all persons who submitted a
  501  lower cost regulatory alternative and made available to the
  502  public, or until the administrative law judge has rendered a
  503  decision under s. 120.56(2), whichever applies. When a required
  504  notice of change is published before prior to the expiration of
  505  the time to file the rule for adoption, the period during which
  506  a rule must be filed for adoption is extended to 45 days after
  507  the date of publication. If notice of a public hearing is
  508  published before prior to the expiration of the time to file the
  509  rule for adoption, the period during which a rule must be filed
  510  for adoption is extended to 45 days after adjournment of the
  511  final hearing on the rule, 21 days after receipt of all material
  512  authorized to be submitted at the hearing, or 21 days after
  513  receipt of the transcript, if one is made, whichever is latest.
  514  The term “public hearing” includes any public meeting held by
  515  any agency at which the rule is considered. If a petition for an
  516  administrative determination under s. 120.56(2) is filed, the
  517  period during which a rule must be filed for adoption is
  518  extended to 60 days after the administrative law judge files the
  519  final order with the clerk or until 60 days after subsequent
  520  judicial review is complete.
  521         3. At the time a rule is filed, the agency shall certify
  522  that the time limitations prescribed by this paragraph have been
  523  complied with, that all statutory rulemaking requirements have
  524  been met, and that there is no administrative determination
  525  pending on the rule.
  526         4. At the time a rule is filed, the committee shall certify
  527  whether the agency has responded in writing to all material and
  528  timely written comments or written inquiries made on behalf of
  529  the committee. The department shall reject any rule that is not
  530  filed within the prescribed time limits; that does not comply
  531  with all statutory rulemaking requirements and rules of the
  532  department; upon which an agency has not responded in writing to
  533  all material and timely written inquiries or written comments;
  534  upon which an administrative determination is pending; or which
  535  does not include a statement of estimated regulatory costs, if
  536  required.
  537         5. If a rule has not been adopted within the time limits
  538  imposed by this paragraph or has not been adopted in compliance
  539  with all statutory rulemaking requirements, the agency proposing
  540  the rule must shall withdraw the rule and give notice of its
  541  action in the next available issue of the Florida Administrative
  542  Register.
  543         6. The proposed rule is shall be adopted upon on being
  544  filed with the Department of State and becomes become effective
  545  20 days after being filed, on a later date specified in the
  546  notice required by subparagraph (a)1., on a date required by
  547  statute, or upon ratification by the Legislature pursuant to s.
  548  120.541(3). Rules not required to be filed with the Department
  549  of State shall become effective when adopted by the agency head,
  550  on a later date specified by rule or statute, or upon
  551  ratification by the Legislature pursuant to s. 120.541(3). If
  552  the committee notifies an agency that an objection to a rule is
  553  being considered, the agency may postpone the adoption of the
  554  rule to accommodate review of the rule by the committee. When an
  555  agency postpones adoption of a rule to accommodate review by the
  556  committee, the 90-day period for filing the rule is tolled until
  557  the committee notifies the agency that it has completed its
  558  review of the rule.
  559  
  560  For the purposes of this paragraph, the term “administrative
  561  determination” does not include subsequent judicial review.
  562         (4) EMERGENCY RULES.—
  563         (a) If an agency finds that an immediate danger to the
  564  public health, safety, or welfare requires emergency action, or
  565  if the Legislature authorizes the agency to adopt emergency
  566  rules and finds that all conditions specified in this paragraph
  567  are met, the agency may, within the authority granted to the
  568  agency under the State Constitution or delegated to it by the
  569  Legislature, adopt any rule necessitated by the immediate danger
  570  or legislative finding. The agency may adopt a rule by any
  571  procedure which is fair under the circumstances if:
  572         1. The procedure provides at least the procedural
  573  protection given by other statutes, the State Constitution, or
  574  the United States Constitution.
  575         2. The agency takes only that action necessary to protect
  576  the public interest under the emergency procedure.
  577         3. The agency publishes in writing at the time of, or prior
  578  to, its action the specific facts and reasons for finding an
  579  immediate danger to the public health, safety, or welfare and
  580  its reasons for concluding that the procedure used is fair under
  581  the circumstances. In any event, notice of emergency rules,
  582  other than those of educational units or units of government
  583  with jurisdiction in only one or a part of one county, including
  584  the full text of the rules and the agency’s findings of
  585  immediate danger, necessity, and procedural fairness or a
  586  citation to the grant of emergency rulemaking authority, must,
  587  shall be published in the first available issue of the Florida
  588  Administrative Register and provided to the committee along with
  589  any material incorporated by reference in the rules. The
  590  agency’s findings of immediate danger, necessity, and procedural
  591  fairness are shall be judicially reviewable.
  592         (b) Rules pertaining to the public health, safety, or
  593  welfare must shall include rules pertaining to perishable
  594  agricultural commodities or rules pertaining to the
  595  interpretation and implementation of the requirements of
  596  chapters 97-102 and chapter 105 of the Election Code.
  597         (c)1. An emergency rule adopted under this subsection may
  598  shall not be effective for a period longer than 90 days and may
  599  shall not be renewable, except when the agency has initiated
  600  rulemaking to adopt rules addressing the subject of the
  601  emergency rule and either:
  602         a.1. A challenge to the proposed rules has been filed and
  603  remains pending; or
  604         b.2. The proposed rules are awaiting ratification by the
  605  Legislature pursuant to s. 120.541(3). If the proposed rule is
  606  not ratified during the next regular legislative session, the
  607  emergency rule shall expire at adjournment sine die of that
  608  regular legislative session. The proposed rule must be withdrawn
  609  from ratification in accordance with s. 120.54(3)(d).
  610         2.Nothing in This paragraph does not prohibit prohibits
  611  the agency from adopting a rule or rules identical to the
  612  emergency rule through the rulemaking procedures specified in
  613  subsection (3).
  614         (d) Notice of the renewal of an emergency rule must be
  615  published in the Florida Administrative Register before the
  616  expiration of the existing emergency rule. The notice of renewal
  617  must state the specific facts and reasons for such renewal.
  618         (e)For emergency rules with an effective period greater
  619  than 90 days which are intended to replace existing rules, a
  620  note must be added to the history note of the existing rule
  621  which specifically identifies the emergency rule that is
  622  intended to supersede the existing rule and includes the date
  623  that the emergency rule was filed with the Department of State.
  624         (f)Emergency rules must be published in the Florida
  625  Administrative Code.
  626         (g)An agency may supersede an emergency rule in effect
  627  through adoption of another emergency rule before the superseded
  628  rule expires. The reason for adopting the superseding rule must
  629  be stated in accordance with the procedures set forth in
  630  paragraph (a), and the superseding rule is in effect during the
  631  effective period of the superseded rule.
  632         (h)An agency may make technical changes to an emergency
  633  rule within the first 7 days after the rule is adopted, and such
  634  changes must be published in the Florida Administrative Register
  635  as a notice of correction.
  636         (i) Subject to applicable constitutional and statutory
  637  provisions, an emergency rule becomes effective immediately on
  638  filing, or on a date less than 20 days thereafter if specified
  639  in the rule, if the adopting agency finds that such effective
  640  date is necessary because of immediate danger to the public
  641  health, safety, or welfare.
  642         (j)An agency may repeal an emergency rule before it
  643  expires by providing notice of its intended action in the
  644  Florida Administrative Register. The notice must include the
  645  full text of the emergency rule and a summary thereof; if
  646  applicable, a reference to the rule number; and a short, plain
  647  explanation as to why the conditions specified in accordance
  648  with paragraph (a) no longer require the emergency rule.
  649         (7) PETITION TO INITIATE RULEMAKING.—
  650         (a) Any person regulated by an agency or having substantial
  651  interest in an agency rule may petition an agency to adopt,
  652  amend, or repeal a rule or to provide the minimum public
  653  information required by this chapter. The petition must shall
  654  specify the proposed rule and action requested. The agency shall
  655  provide to the committee a copy of the petition within 7 days
  656  after its receipt. No Not later than 30 calendar days following
  657  the date of filing a petition, the agency shall initiate
  658  rulemaking proceedings under this chapter, otherwise comply with
  659  the requested action, or deny the petition with a written
  660  statement of its reasons for the denial. The agency shall notify
  661  the committee of its intended action or response within 7 days.
  662         Section 3. Paragraph (a) of subsection (1) and subsection
  663  (3) of section 120.541, Florida Statutes, are amended, and
  664  subsection (4) of that section is reenacted, to read:
  665         120.541 Statement of estimated regulatory costs.—
  666         (1)(a) Within 21 days after publication of the notice
  667  required under s. 120.54(3)(a), a substantially affected person
  668  may submit to an agency a good faith written proposal for a
  669  lower cost regulatory alternative to a proposed rule which
  670  substantially accomplishes the objectives of the law being
  671  implemented. The proposal may include the alternative of not
  672  adopting any rule if the proposal explains how the lower costs
  673  and objectives of the law will be achieved by not adopting any
  674  rule. If submitted after a notice of change, a proposal for a
  675  lower cost regulatory alternative is deemed to be made in good
  676  faith only if the person reasonably believes, and the proposal
  677  states, the person’s reasons for believing that the proposed
  678  rule as changed by the notice of change increases the regulatory
  679  costs or creates an adverse impact on small businesses which was
  680  not created by the previously proposed rule. If such a proposal
  681  is submitted, the 90-day period for filing the rule is extended
  682  21 days. Upon the submission of the lower cost regulatory
  683  alternative, the agency shall prepare a statement of estimated
  684  regulatory costs as provided in subsection (2), or shall revise
  685  its prior statement of estimated regulatory costs, and either
  686  adopt the alternative or provide a statement of the reasons for
  687  rejecting the alternative in favor of the proposed rule. The
  688  agency shall provide to the committee, within 7 days after its
  689  receipt, a copy of any proposal for a lower cost regulatory
  690  alternative, and within 7 days after its release, a copy of the
  691  agency’s response thereto. The agency may not file a rule for
  692  adoption before such documents, if applicable, have been
  693  provided to the committee.
  694         (3) If the adverse impact or regulatory costs of the rule
  695  exceed any of the criteria established in paragraph (2)(a), the
  696  rule must shall be submitted to the President of the Senate and
  697  Speaker of the House of Representatives no later than 30 days
  698  before prior to the next regular legislative session, and the
  699  rule may not take effect until it is ratified by the
  700  Legislature. The agency shall notify the committee of its
  701  submission of the rule to the Legislature for ratification
  702  within 3 business days after submittal. If the proposed rule is
  703  not ratified during the next regular legislative session, the
  704  agency must withdraw the rule, and within 90 days after
  705  adjournment sine die of that legislative session:
  706         (a)May initiate rulemaking again by publishing the notice
  707  required by s. 120.54(3)(a); or
  708         (b)Must initiate rulemaking by publishing the notice
  709  required by s. 120.54(3)(a), if the mandatory grant of
  710  rulemaking authority the agency relied on as authority to
  711  initiate the original rulemaking is still in effect at the time
  712  of the original rule’s withdrawal.
  713         (4) Subsection (3) does not apply to the adoption of:
  714         (a) Federal standards pursuant to s. 120.54(6).
  715         (b) Triennial updates of and amendments to the Florida
  716  Building Code which are expressly authorized by s. 553.73.
  717         (c) Triennial updates of and amendments to the Florida Fire
  718  Prevention Code which are expressly authorized by s. 633.202.
  719         Section 4. Section 120.5435, Florida Statutes, is created
  720  to read:
  721         120.5435 Agency review of rules.—
  722         (1)By July 1, 2030, each agency, in coordination with the
  723  committee, shall review all existing rules adopted by the agency
  724  before July 1, 2025, in accordance with this section. For the
  725  purposes of this section, the term “rule means the rule number
  726  assigned by the Department of State.
  727         (2)Beginning October 1, 2025, each agency shall include a
  728  list of its existing rules in its annual regulatory plan,
  729  prepared and submitted pursuant to s. 120.74. The agency shall
  730  include a schedule of the rules it will review each year during
  731  the 5-year rule review period. The agency may amend its yearly
  732  schedule in subsequent regulatory plans but must provide for the
  733  completed review of at least 20 percent of the agency’s rules
  734  per year, until all of its subject rules have been reviewed.
  735         (3)The agency rule review must determine whether each
  736  rule:
  737         (a)Is a valid exercise of delegated legislative authority;
  738         (b)Has current statutory authority;
  739         (c)Reiterates or paraphrases statutory material;
  740         (d)Is in proper form;
  741         (e)Is consistent with expressed legislative intent
  742  pertaining to the specific provisions of law which the rule
  743  implements;
  744         (f)Requires a technical or substantive update to reflect
  745  current use; and
  746         (g)Requires updated references to statutory citations and
  747  incorporated materials.
  748         (4)By January 1 of each year, the agency shall submit a
  749  report to the President of the Senate and the Speaker of the
  750  House of Representatives which summarizes the agency’s intended
  751  action on each rule under review during the current fiscal year.
  752         (5)The agency shall take one of the following actions
  753  during its rule review:
  754         (a)Make no change to the rule. If the agency determines
  755  that no change is necessary, the agency must file with the
  756  committee by April 1 a copy of the reviewed rule, a written
  757  statement of its intended action, and its assessment of factors
  758  specified in subsection (3). This determination is not subject
  759  to a challenge as a proposed rule pursuant to s. 120.56(2).
  760         (b)Make a technical change to the rule. If the agency
  761  determines that one or more technical changes are necessary, the
  762  agency must file with the committee by April 1 a copy of the
  763  reviewed rule and the recommended technical change or changes
  764  coded by underlining new text and striking through deleted text,
  765  a written statement of its intended action, its assessment of
  766  the factors specified in subsection (3), and the facts and
  767  circumstances justifying the technical change or changes to the
  768  reviewed rule. This determination is not subject to a challenge
  769  as a proposed rule pursuant to s. 120.56(2).
  770         (c)Make a substantive change to the rule. If the agency
  771  determines that the rule requires a substantive change, the
  772  agency must make all changes, including any technical change, to
  773  the rule in accordance with this chapter. The agency shall
  774  publish a notice of rule development in the Florida
  775  Administrative Register by April 1. The agency shall also file
  776  with the committee by April 1 a copy of the reviewed rule and
  777  the recommended change or changes coded by underlining new text
  778  and striking through deleted text, a written statement of its
  779  intended action, and its assessment of factors specified in
  780  subsection (3). This submission to the committee does not
  781  constitute a notice of rule development as contemplated by s.
  782  120.54(3)(a) and is not required to be in the same form as the
  783  rule that will be proposed by the agency.
  784         (d)Repeal the rule. If an agency determines that the rule
  785  should be repealed, the agency must repeal the rule in
  786  accordance with this chapter. The agency shall publish a notice
  787  of proposed rule development in the Florida Administrative
  788  Register by April 1. The agency shall also file with the
  789  committee by April 1 a written statement of its intended action
  790  and its assessment of factors specified in subsection (3). This
  791  submission to the committee does not constitute a notice of rule
  792  development as contemplated by s. 120.54(3)(a).
  793         (6)The committee shall examine the agency’s rule review
  794  submission. The committee may request from an agency any
  795  information that is reasonably necessary for examination of a
  796  rule as required by subsection (1). If the agency recommends no
  797  change or a technical change to a rule, the committee must
  798  complete its examination within 90 calendar days after the
  799  agency transmits the report required under subsection (4). Upon
  800  completion of its examination, the committee must certify
  801  whether the agency has responded in writing to all material and
  802  timely written comments or inquiries made on behalf of the
  803  committee.
  804         (7)The rule review is completed upon either:
  805         (a)The agency, upon approval of the agency head or his or
  806  her designee, electronically filing a certified copy of the
  807  reviewed rule to which no changes or only technical changes were
  808  made, and the committee’s certification granted pursuant to
  809  subsection (6), with the Department of State.
  810         (b)The agency, for a reviewed rule subject to substantive
  811  change or repeal, timely filing a proposed rule pursuant to s.
  812  120.54.
  813         (8)The Department of State shall publish in the Florida
  814  Administrative Register a notice of the completed rule review
  815  and shall update the history note of the rule in the Florida
  816  Administrative Code to reflect the date of the rule review’s
  817  completion, if applicable.
  818         (9)The hearing requirements of s. 120.54 do not apply to a
  819  rule reviewed pursuant to this section.
  820         (10)The Department of State shall adopt rules to implement
  821  this section no later than December 31, 2025.
  822         (11)This section is repealed July 1, 2032, unless reviewed
  823  and saved from repeal through reenactment by the Legislature.
  824         Section 5. Subsection (1) of section 120.55, Florida
  825  Statutes, is amended to read:
  826         120.55 Publication.—
  827         (1) The Department of State shall:
  828         (a)1. Through a continuous revision and publication system,
  829  compile and publish electronically, on a website managed by the
  830  department, the “Florida Administrative Code.” The Florida
  831  Administrative Code must shall contain all rules adopted by each
  832  agency, citing the grant of rulemaking authority and the
  833  specific law implemented pursuant to which each rule was
  834  adopted, all history notes as authorized in ss. 120.5435 and
  835  120.545(7) s. 120.545(7), complete indexes to all rules and any
  836  material incorporated by reference contained in the code, and
  837  any other material required or authorized by law or deemed
  838  useful by the department. The electronic code must shall display
  839  each rule chapter currently in effect in browse mode and allow
  840  full text search of the code and each rule chapter. The
  841  department may contract with a publishing firm for a printed
  842  publication; however, the department retains shall retain
  843  responsibility for the code as provided in this section. The
  844  electronic publication is shall be the official compilation of
  845  the administrative rules of this state. The Department of State
  846  retains shall retain the copyright over the Florida
  847  Administrative Code.
  848         2. Rules general in form but applicable to only one school
  849  district, community college district, or county, or a part
  850  thereof, or state university rules relating to internal
  851  personnel or business and finance may shall not be published in
  852  the Florida Administrative Code. Exclusion from publication in
  853  the Florida Administrative Code does shall not affect the
  854  validity or effectiveness of such rules.
  855         3. At the beginning of the section of the code dealing with
  856  an agency that files copies of its rules with the department,
  857  the department shall publish the address and telephone number of
  858  the executive offices of each agency, the manner by which the
  859  agency indexes its rules, a listing of all rules of that agency
  860  excluded from publication in the code, a listing of all forms
  861  and material incorporated by reference adopted by rule which are
  862  used by the agency, and a statement as to where those rules may
  863  be inspected.
  864         4. Forms may shall not be published in the Florida
  865  Administrative Code; but any form which an agency uses in its
  866  dealings with the public, along with any accompanying
  867  instructions, must shall be filed with the committee before it
  868  is used. Any form or instruction which meets the definition of
  869  the term “rule” provided in s. 120.52 must shall be incorporated
  870  by reference into the appropriate rule. The reference must shall
  871  specifically state that the form is being incorporated by
  872  reference and shall include the number, title, and effective
  873  date of the form and an explanation of how the form may be
  874  obtained. Each form created by an agency which is incorporated
  875  by reference in a rule notice of which is given under s.
  876  120.54(3)(a) after December 31, 2007, must clearly display the
  877  number, title, and effective date of the form and the number of
  878  the rule in which the form is incorporated.
  879         5. After December 31, 2025, the department shall require
  880  any material incorporated by reference in allow adopted rules
  881  and material incorporated by reference to be filed in electronic
  882  form as prescribed by department rule. When a rule is filed for
  883  adoption with incorporated material in electronic form, the
  884  department’s publication of the Florida Administrative Code on
  885  its website must contain a hyperlink from the incorporating
  886  reference in the rule directly to that material. The department
  887  may not allow hyperlinks from rules in the Florida
  888  Administrative Code to any material other than that filed with
  889  and maintained by the department, but may allow hyperlinks to
  890  incorporated material maintained by the department from the
  891  adopting agency’s website or other sites.
  892         6.The department shall include the date of any technical
  893  changes in the history note of the rule in the Florida
  894  Administrative Code. A technical change does not affect the
  895  effective date of the rule. A technical change made after the
  896  adoption of a rule must be published as a notice of correction.
  897         (b) Electronically publish on a website managed by the
  898  department a continuous revision and publication entitled the
  899  “Florida Administrative Register,” which serves shall serve as
  900  the official publication and must contain:
  901         1. All notices required by s. 120.54(2) and (3)(a), showing
  902  the text of all rules proposed for consideration.
  903         2. All notices of public meetings, hearings, and workshops
  904  conducted in accordance with s. 120.525, including a statement
  905  of the manner in which a copy of the agenda may be obtained.
  906         3. A notice of each request for authorization to amend or
  907  repeal an existing uniform rule or for the adoption of new
  908  uniform rules.
  909         4. Notice of petitions for declaratory statements or
  910  administrative determinations.
  911         5. A list of all rules that were not timely reviewed by
  912  their respective agency, pursuant to s. 120.5435, updated at
  913  least annually.
  914         6. A summary of each objection to any rule filed by the
  915  Administrative Procedures Committee.
  916         7.6. A list of rules filed for adoption in the previous 7
  917  days.
  918         8.7. A list of all rules filed for adoption pending
  919  legislative ratification under s. 120.541(3). A rule shall be
  920  removed from the list once notice of ratification or withdrawal
  921  of the rule is received.
  922         9.8. Any other material required or authorized by law or
  923  deemed useful by the department.
  924  
  925  The department may contract with a publishing firm for a printed
  926  publication of the Florida Administrative Register and make
  927  copies available on an annual subscription basis.
  928         (c) Prescribe by rule the style and form required for
  929  rules, notices, and other materials submitted for filing,
  930  including any rule requiring that documents created by an agency
  931  which are proposed to be incorporated by reference in notices
  932  published pursuant to s. 120.54(3)(a) and (d) be coded as
  933  required in s. 120.54(1)(i)7.
  934         (d) Charge each agency using the Florida Administrative
  935  Register a space rate to cover the costs related to the Florida
  936  Administrative Register and the Florida Administrative Code.
  937         (e) Maintain a permanent record of all notices published in
  938  the Florida Administrative Register.
  939         Section 6. Paragraph (c) of subsection (1) and subsections
  940  (4) through (8) of section 120.74, Florida Statutes, are
  941  amended, and paragraphs (e), (f), and (g) are added to
  942  subsection (1) of that section, to read:
  943         120.74 Agency annual rulemaking and regulatory plans;
  944  reports.—
  945         (1) REGULATORY PLAN.—By October 1 of each year, each agency
  946  shall prepare a regulatory plan.
  947         (c) The plan must include any desired update to the prior
  948  year’s regulatory plan or supplement published pursuant to
  949  subsection (5) (7). If, in a prior year, a law was identified
  950  under this paragraph or under subparagraph (a)1. as a law
  951  requiring rulemaking to implement but a notice of proposed rule
  952  has not been published:
  953         1. The agency shall identify and again list such law,
  954  noting the applicable notice of rule development by citation to
  955  the Florida Administrative Register; or
  956         2. If the agency has subsequently determined that
  957  rulemaking is not necessary to implement the law, the agency
  958  shall identify such law, reference the citation to the
  959  applicable notice of rule development in the Florida
  960  Administrative Register, and provide a concise written
  961  explanation of the reason why the law may be implemented without
  962  rulemaking.
  963         (e)The plan must also include all of the following:
  964         1.A list of the agency’s existing rules scheduled for
  965  review pursuant to s. 120.5435.
  966         2.A 5-year schedule for the review of all existing rules
  967  as of July 1, 2025.
  968         3.A yearly schedule for the rules it will review each year
  969  during the 5-year rule review. The agency may amend this
  970  schedule, if necessary.
  971         (f)The plan must include any desired update to the prior
  972  year’s regulatory plan or supplement thereof, published pursuant
  973  to subsection (5). If, in a prior year, the agency identified a
  974  rule under this paragraph as one requiring review pursuant to s.
  975  120.5435, but the agency has not yet completed an action
  976  described in s. 120.5435(5):
  977         1.The agency must identify and list such rule in its
  978  regulatory plan as an untimely rule review and notify the
  979  committee of such action; or
  980         2.If the agency subsequently determined that the rule
  981  review is not necessary, the agency must identify the rule and
  982  provide a concise written explanation of the reason why the rule
  983  does not require a rule review.
  984         (g)1. Beginning October 1, 2025, each agency issuing
  985  licenses in accordance with s. 120.60 shall track the agency’s
  986  compliance with the licensing timeframes established in s.
  987  120.60, and beginning October 1, 2026, must include in the
  988  regulatory plan required by subsection (1), the following
  989  information regarding its licensing activities of the prior
  990  fiscal year, categorized by type of license:
  991         a. The number of license applications submitted to the
  992  agency;
  993         b. The number of license applications which required one or
  994  more requests for additional information;
  995         c. The number of license applications for which the
  996  applicant was nonresponsive to one or more requests for
  997  additional information;
  998         d. The number of license applications which were not
  999  completed by the applicant;
 1000         e. The number of license applications for which the agency
 1001  requested that the applicant grant an extension of time for the
 1002  agency to issue a request for additional information, determine
 1003  that an application is complete, or issue a decision to approve
 1004  or deny an application;
 1005         f.  The number of license applications for which an
 1006  extension was requested by the applicant and for which an
 1007  extension was required by the state agency or judicial branch;
 1008         g.  The number of license applications which were not
 1009  approved or denied within the statutory timeframe;
 1010         h. The average and median number of days it takes the
 1011  agency to approve or deny an application after receipt of a
 1012  completed application; and
 1013         i. The number of license applications for which final
 1014  agency action was appealed and the number of informal and formal
 1015  hearings requested.
 1016         2. No later than December 31 of each year, the Office of
 1017  Program Policy Analysis and Government Accountability must
 1018  submit, pursuant to s. 286.001, a consolidated annual agency
 1019  licensing performance report that provides all of the
 1020  information required by subparagraph 1. The Department of State
 1021  must publish a hyperlink to these reports in the first available
 1022  issue of the Florida Administrative Register.
 1023         (4) DEADLINE FOR RULE DEVELOPMENT.—By November 1 of each
 1024  year, each agency shall publish a notice of rule development
 1025  under s. 120.54(2) for each law identified in the agency’s
 1026  regulatory plan pursuant to subparagraph (1)(a)1. for which
 1027  rulemaking is necessary to implement but for which the agency
 1028  did not report the publication of a notice of rule development
 1029  under subparagraph (1)(a)2.
 1030         (5)CORRECTING THE REGULATORY PLAN DEADLINE TO PUBLISH
 1031  PROPOSED RULE.—For each law for which implementing rulemaking is
 1032  necessary as identified in the agency’s plan pursuant to
 1033  subparagraph (1)(a)1. or subparagraph (1)(c)1., the agency shall
 1034  publish a notice of proposed rule pursuant to s. 120.54(3)(a) by
 1035  April 1 of the year following the deadline for the regulatory
 1036  plan. This deadline may be extended if the agency publishes a
 1037  notice of extension in the Florida Administrative Register
 1038  identifying each rulemaking proceeding for which an extension is
 1039  being noticed by citation to the applicable notice of rule
 1040  development as published in the Florida Administrative Register.
 1041  The agency shall include a concise statement in the notice of
 1042  extension identifying any issues that are causing the delay in
 1043  rulemaking. An extension shall expire on October 1 after the
 1044  April 1 deadline, provided that the regulatory plan due on
 1045  October 1 may further extend the rulemaking proceeding by
 1046  identification pursuant to subparagraph (1)(c)1. or conclude the
 1047  rulemaking proceeding by identification pursuant to subparagraph
 1048  (1)(c)2. A published regulatory plan may be corrected at any
 1049  time to accomplish the purpose of extending or concluding an
 1050  affected rulemaking proceeding by identifying the applicable
 1051  rule pursuant to subparagraph (1)(c)2. The regulatory plan and
 1052  is deemed corrected as of the October 1 due date. Upon
 1053  publication of a correction, the agency shall publish in the
 1054  Florida Administrative Register a notice of the date of the
 1055  correction identifying the affected rulemaking proceeding by
 1056  applicable citation to the Florida Administrative Register.
 1057         (6) CERTIFICATIONS.—Each agency shall file a certification
 1058  with the committee upon compliance with subsection (4) and upon
 1059  filing a notice under subsection (5) of either a deadline
 1060  extension or a regulatory plan correction. A certification may
 1061  relate to more than one notice or contemporaneous act. The date
 1062  or dates of compliance shall be noted in each certification.
 1063         (5)(7) SUPPLEMENTING THE REGULATORY PLAN.—After publication
 1064  of the regulatory plan, the agency shall supplement the plan
 1065  within 30 days after a bill becomes a law if the law is enacted
 1066  before the next regular session of the Legislature and the law
 1067  substantively modifies the agency’s specifically delegated legal
 1068  duties, unless the law affects all or most state agencies as
 1069  identified by letter to the committee from the Governor or the
 1070  Attorney General. The supplement must include the information
 1071  required in paragraph (1)(a) and shall be published as required
 1072  in subsection (2), but no certification or delivery to the
 1073  committee is required. The agency shall publish in the Florida
 1074  Administrative Register notice of publication of the supplement,
 1075  and include a hyperlink on its website or web address for direct
 1076  access to the published supplement. For each law reported in the
 1077  supplement, if rulemaking is necessary to implement the law, the
 1078  agency shall publish a notice of rule development by the later
 1079  of the date provided in subsection (4) or 60 days after the bill
 1080  becomes a law, and a notice of proposed rule shall be published
 1081  by the later of the date provided in subsection (5) or 120 days
 1082  after the bill becomes a law. The proposed rule deadline may be
 1083  extended to the following October 1 by notice as provided in
 1084  subsection (5). If such proposed rule has not been filed by
 1085  October 1, a law included in a supplement shall also be included
 1086  in the next annual plan pursuant to subsection (1).
 1087         (6)(8) FAILURE TO COMPLY.—If an agency fails to comply with
 1088  a requirement of paragraph (2)(a) or subsection (5), within 15
 1089  days after written demand from the committee or from the chair
 1090  of any other legislative committee, the agency shall deliver a
 1091  written explanation of the reasons for noncompliance to the
 1092  committee, the President of the Senate, the Speaker of the House
 1093  of Representatives, and the chair of any legislative committee
 1094  requesting the explanation of the reasons for noncompliance.
 1095         Section 7. This act shall take effect July 1, 2025.