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39 withdrawn if not ratified within the legislative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.