Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS for CS for SB 1382 Barcode 774308 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 05/04/2011 04:35 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bennett moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 274 and 275 4 insert: 5 Section 4. Paragraph (p) is added to subsection (2) of 6 section 120.569, Florida Statutes, to read: 7 120.569 Decisions which affect substantial interests.— 8 (2) 9 (p) For any proceeding arising under chapter 373, chapter 10 378, or chapter 403, if a nonapplicant petitions as a third 11 party to challenge an agency’s issuance of a license, permit, or 12 conceptual approval, the order of presentation in the proceeding 13 is for the permit applicant to present a prima facie case 14 demonstrating entitlement to the license, permit, or conceptual 15 approval, followed by the agency. This demonstration may be made 16 by entering into evidence the application and relevant material 17 submitted to the agency in support of the application, and the 18 agency’s staff report or notice of intent to approve the permit, 19 license, or conceptual approval. Subsequent to the presentation 20 of the applicant’s prima facie case and any direct evidence 21 submitted by the agency, the petitioner initiating the action 22 challenging the issuance of the license, permit, or conceptual 23 approval has the burden of ultimate persuasion and has the 24 burden of going forward to prove the case in opposition to the 25 license, permit, or conceptual approval through the presentation 26 of competent and substantial evidence. The permit applicant and 27 agency may on rebuttal present any evidence relevant to 28 demonstrating that the application meets the conditions for 29 issuance. Notwithstanding subsection (1), this paragraph applies 30 to proceedings under s. 120.574. 31 Section 5. Subsections (3) and (4) are added to section 32 120.74, Florida Statutes, to read: 33 120.74 Agency review, revision, and report.— 34 (3) Beginning in 2012, and no later than July 1 of each 35 year, each agency shall file with the President of the Senate, 36 the Speaker of the House of Representatives, and the committee a 37 regulatory plan identifying and describing each rule the agency 38 proposes to adopt for the 12-month period beginning on the July 39 1 reporting date and ending on the subsequent June 30, excluding 40 emergency rules. 41 (4) For the year 2011, the certification required in 42 subsection (2) may omit any information included in the reports 43 provided under s. 120.745. Reporting under subsections (1) and 44 (2) shall be suspended for the year 2013, but required reporting 45 under those subsections shall resume in 2015 and biennially 46 thereafter. 47 Section 6. Section 120.745, Florida Statutes, is created to 48 read: 49 120.745 Legislative review of agency rules in effect on or 50 before November 16, 2010.— 51 (1) DEFINITIONS.—The following definitions apply 52 exclusively to this section: 53 (a) “Agency” has the same meaning and application as 54 provided in s. 120.52(1), but for the purposes of this section 55 excludes each officer and governmental entity in the state with 56 jurisdiction in one county or less than one county. 57 (b) “Compliance economic review” means a good faith 58 economic analysis that includes and presents the following 59 information pertaining to a particular rule: 60 1. A justification for the rule summarizing the benefits of 61 the rule; and 62 2. A statement of estimated regulatory costs as described 63 in s. 120.541(2); however: 64 a. The applicable period for the economic analysis shall be 65 5 years beginning on July 1, 2011; 66 b. For the analysis required in s. 120.541(2)(a)3., the 67 estimated regulatory costs over the 5-year period shall be used 68 instead of the likely increase in regulatory costs after 69 implementation; and 70 c. An explanation of the methodology used to conduct the 71 analysis must be provided. A technical methodology need not be 72 used to develop the statement of estimated regulatory costs, if 73 the agency uses routine regulatory communications or its 74 Internet website to reasonably survey regulated entities, 75 political subdivisions, and local governments and makes good 76 faith estimates of regulatory costs in conformity with 77 recommendations from the Office of Fiscal Accountability and 78 Regulatory Reform (“OFARR”), or from one or more legislative 79 offices if requested by the agency and such request is approved 80 by the President of the Senate and the Speaker of the House of 81 Representatives. 82 (c) “Data collection rules” means those rules requiring the 83 submission of data to the agency from external sources, 84 including, but not limited to, local governments, service 85 providers, clients, licensees, regulated entities, other 86 constituents, and market participants. 87 (d) “Revenue rules” means those rules fixing amounts or 88 providing for the collection of money. 89 (e) “Rule” has the same general meaning and application as 90 provided in s. 120.52(16), but for purposes of this section may 91 include only those rules for which publication in the Florida 92 Administrative Code is required pursuant to s. 120.55(1). As 93 used in this section, the term “rule” means each entire 94 statement and all subparts published under a complete title, 95 chapter, and decimal rule number in the Florida Administrative 96 Code in compliance with Florida Administrative Code Rule 1B 97 30.001. 98 (2) ENHANCED BIENNIAL REVIEW.—By December 1, 2011, each 99 agency shall complete an enhanced biennial review of the 100 agency’s existing rules, which shall include, but is not limited 101 to: 102 (a) Conduct of the review and submission of the report 103 required by s. 120.74 and an explanation of how the agency has 104 accomplished the requirements of s. 120.74(1). This paragraph 105 extends the October 1 deadline provided in s. 120.74(2) for the 106 year 2011. 107 (b) Review of each rule to determine whether the rule has 108 been reviewed by OFARR pursuant to the Governor’s Executive 109 Order 2011-01. 110 (c) Review of each rule to determine whether the rule is a 111 revenue rule, to identify the statute or statutes authorizing 112 the collection of any revenue, to identify the fund or account 113 into which revenue collections are deposited, and, for each 114 revenue rule, to determine whether the rule authorizes, imposes, 115 or implements: 116 1. Registration, license, or inspection fees. 117 2. Transportation service tolls for road, bridge, rail, 118 air, waterway, or port access. 119 3. Fees for a specific service or purpose not included in 120 subparagraph 1. or subparagraph 2. 121 4. Fines, penalties, costs, or attorney fees. 122 5. Any tax. 123 6. Any other amounts collected that are not covered under 124 subparagraphs 1.-5. 125 (d) Review of each rule to determine whether the rule is a 126 data collection rule, providing the following information for 127 each rule determined to be a data collection rule: 128 1. The statute or statutes authorizing the collection of 129 such data. 130 2. The purposes for which the agency uses the data and any 131 purpose for which the data is used by others. 132 3. The policies supporting the reporting and retention of 133 the data. 134 4. Whether and to what extent the data is exempt from 135 public inspection under chapter 119. 136 (e) Identification of each entire rule the agency plans to 137 repeal and, if so, the estimated timetable for repeal. 138 (f) Identification of each entire rule or subpart of a rule 139 the agency plans to amend to substantially reduce the economic 140 impact and the estimated timetable for amendment. 141 (g) Identification of each rule for which the agency will 142 be required to prepare a compliance economic review, to include 143 each entire rule that: 144 1. The agency does not plan to repeal on or before December 145 31, 2012; 146 2. Was effective on or before November 16, 2010; and 147 3. Probably will have any of the economic impacts described 148 in s. 120.541(2)(a), for 5 years beginning on July 1, 2011, 149 excluding in such estimation any part or subpart identified for 150 amendment under paragraph (e). 151 (h) Listing of all rules identified for compliance economic 152 review in paragraph (f), divided into two approximately equal 153 groups, identified as “Group 1” and “Group 2.” Such division 154 shall be made at the agency’s discretion. 155 (i) Written certification of the agency head to the 156 committee verifying the completion of the report for all rules 157 of the agency, including each separate part or subsection. The 158 duty to certify completion of the report is the responsibility 159 solely of the agency head as defined in s. 120.52(3) and may not 160 be delegated to any other person. If the defined agency head is 161 a collegial body, the written certification must be prepared by 162 the chair or equivalent presiding officer of that body. 163 (3) PUBLICATION OF REPORT.—No later than December 1, 2011, 164 each agency shall publish, in the manner provided in subsection 165 (7), a report of the entire enhanced biennial review pursuant to 166 subsection (2), including the results of the review; a complete 167 list of all rules the agency has placed in Group 1 or Group 2; 168 the name, physical address, fax number, and e-mail address for 169 the person the agency has designated to receive all inquiries, 170 public comments, and objections pertaining to the report; and 171 the certification of the agency head pursuant to paragraph 172 (2)(i). The report of results shall summarize certain 173 information required in subsection (2) in a table consisting of 174 the following columns: 175 (a) Column 1: Agency name. 176 (b) Column 2: F.A.C. rule number, with subcolumns 177 including: 178 1. Column 2a: F.A.C. title and any subtitle or chapter 179 designation; and 180 2. Column 2b: F.A.C. number, excluding title and subtitle 181 or chapter designation. 182 (c) Column 3: OFARR reviewed rule under Executive Order 183 2011-01. Entries should be “Y” or “N.” 184 (d) Column 4: Revenue rule/fund or account with subcolumns 185 including: 186 1. Column 4a: Licensure fees. 187 2. Column 4b: Transportation tolls. 188 3. Column 4c: Other fees. 189 4. Column 4d: Fines. 190 5. Column 4e: Tax. 191 6. Column 4f: Other revenue. 192 193 Entries should be “N” or the identification of the fund or 194 account where receipts are deposited and provide notes 195 indicating the statutory authority for revenue collection. 196 (e) Column 5: Data collection rule. Entries should be “Y” 197 or “N.” If “Y,” provide notes supplying the information required 198 in paragraph (2)(d). 199 (f) Column 6: Repeal. Entries should be “Y” or “N” for the 200 entire rule. If “Y,” provide notes estimating the timetable for 201 repeal. 202 (g) Column 7: Amend. Entries should be “Y” or “N,” based on 203 the response required in paragraph (2)(f), and provide notes 204 identifying each specific subpart that will be amended and 205 estimating the timetable for amendment. 206 (h) Column 8: Effective on or before 11/16/2010. Entries 207 should be “Y” or “N.” 208 (i) Column 9: Section 120.541(2)(a) impacts. Entries should 209 be “NA” if Column 8 is “N” or, if Column 6 is “Y,” “NP” for not 210 probable, based on the response required in subparagraph 211 (2)(f)3., or “1” or “2,” reflecting the group number assigned by 212 the division required in paragraph (2)(h). 213 (4) PUBLIC COMMENT ON ENHANCED BIENNIAL REVIEW AND REPORT; 214 OBJECTIONS.—Public input on reports required in subsection (3) 215 may be provided by stating an objection to the information 216 required in paragraphs (2)(b), (c), (d), and (g) and identifying 217 the entire rule or any subpart to which the objection relates, 218 and shall be submitted in writing or electronically to the 219 person designated in the report. 220 (a) An objection under this subsection to a report that an 221 entire rule or any subpart probably will not have, for 5 years 222 beginning on July 1, 2011, any of the economic impacts described 223 in s. 120.541(2)(a), must include allegations of fact upon which 224 the objection is based, stating the precise information upon 225 which a contrary evaluation of probable impact may be made. 226 Allegations of fact related to other objections may be included. 227 (b) Objections may be submitted by any interested person no 228 later than June 1, 2012. 229 (c) The agency shall determine whether to sustain an 230 objection based upon the information provided with the objection 231 and whether any further review of information available to the 232 agency is necessary to correct its report. 233 (d) No later than 20 days after the date an objection is 234 submitted, the agency shall publish its determination of the 235 objection in the manner provided in subsection (7). 236 (e) The agency’s determination with respect to an objection 237 is final but not a final agency action subject to further 238 proceedings, hearing, or judicial review. 239 (f) If the agency sustains an objection, it shall amend its 240 report within 10 days after the determination. The amended 241 report shall indicate that a change has been made, the date of 242 the last change, and identify the amended portions. The agency 243 shall publish notice of the amendment in the manner provided in 244 subsection (7). 245 (g) On or before July 1, 2012, the agency shall deliver a 246 written certification of the agency head or designee to the 247 committee verifying the completion of determinations of all 248 objections under this subsection and of any report amendments 249 required under paragraph (f). The certification shall be 250 published as an addendum to the report required in subsection 251 (3). Notice of the certification shall be published in the 252 manner provided in subsection (7). 253 (5) COMPLIANCE ECONOMIC REVIEW OF RULES AND REQUIRED 254 REPORT.—Each agency shall perform a compliance economic review 255 and report for all rules, including separate reviews of 256 subparts, listed under Group 1 “Group 1 rules” or Group 2 “Group 257 2 rules” pursuant to subparagraph (2)(g)3. Group 1 rules shall 258 be reviewed and reported on in 2012, and Group 2 rules shall be 259 reviewed and reported on in 2013. 260 (a) No later than May 1, each agency shall: 261 1. Complete a compliance economic review for each entire 262 rule or subpart in the appropriate group. 263 2. File the written certification of the agency head with 264 the committee verifying the completion of each compliance 265 economic review required for the respective year. The 266 certification shall be dated and published as an addendum to the 267 report required in subsection (3). The duty to certify 268 completion of the required compliance economic reviews is the 269 responsibility solely of the agency head as defined in s. 270 120.52(3) and may not be delegated to any other person. If the 271 defined agency head is a collegial body, the written 272 certification must be prepared by the chair or equivalent 273 presiding officer of that body. 274 3. Publish a copy of the compliance economic review, 275 directions on how and when interested parties may submit lower 276 cost regulatory alternatives to the agency, and the date the 277 notice is published in the manner provided in subsection (7). 278 4. Publish notice of the publications required in 279 subparagraphs 2. and 3. in the manner provided in subsection 280 (7). 281 5. Submit each compliance economic review to the Small 282 Business Regulatory Advisory Council for its review. 283 (b) Any agency rule, including subparts, reviewed pursuant 284 to Executive Order 2011-01 are exempt from the compliance 285 economic review if the review found that the rule: 286 1. Does not unnecessarily restrict entry into a profession 287 or occupation; 288 2. Does not adversely affect the availability of 289 professional or occupational services to the public; 290 3. Does not unreasonably affect job creation or job 291 retention; 292 4. Does not place unreasonable restrictions on individuals 293 attempting to find employment; 294 5. Does not impose burdensome costs on businesses; or 295 6. Is justifiable when the overall cost-effectiveness and 296 economic impact of the regulation, including indirect costs to 297 consumers, is considered. 298 (c) No later than August 1, the Small Business Regulatory 299 Advisory Council may submit lower cost regulatory alternatives 300 to any rule to the agency that adopted the rule. No later than 301 June 15, other interested parties may submit lower cost 302 regulatory alternatives to any rule. 303 (d) No later than December 1, each agency shall publish a 304 final report of the agency’s review under this subsection in the 305 manner provided in subsection (7). For each rule the report 306 shall include: 307 1. The text of the rule. 308 2. The compliance economic review for the rule. 309 3. All lower regulatory cost alternatives received by the 310 agency. 311 4. The agency’s written explanation for rejecting submitted 312 lower regulatory cost alternatives. 313 5. The agency’s justification to repeal or amend the rule 314 or to retain the rule without amendment. 315 6. The written certification of the agency head to the 316 committee verifying the completion of the reviews and reporting 317 required under this subsection for that year. The certification 318 shall be dated and published as an addendum to the report 319 required in subsection (3). The duty to certify completion of 320 the report is the responsibility solely of the agency head as 321 defined in s. 120.52(3) and may not be delegated to any other 322 person. If the defined agency head is a collegial body, the 323 written certification must be prepared by the chair or 324 equivalent presiding officer of that body. 325 (e) Notice of publication of the final report and 326 certification shall be published in the manner provided in 327 subsection (7). 328 (f) By December 1, each agency shall begin proceedings 329 under s. 120.54(3) to amend or repeal those rules so designated 330 in the report under this subsection. Proceedings to repeal rules 331 are exempt from the requirements for the preparation, 332 consideration, or use of a statement of estimated regulatory 333 costs under s. 120.54 and the provisions of s. 120.541. 334 (6) LEGISLATIVE CONSIDERATION.—With respect to a rule 335 identified for retention without amendment in the report 336 required in subsection (5), the Legislature may consider 337 specific legislation nullifying the rule or altering the 338 statutory authority for the rule. 339 (7) MANNER OF PUBLICATION OF NOTICES, DETERMINATIONS, AND 340 REPORTS.—Agencies shall publish notices, determinations, and 341 reports required under this section exclusively in the following 342 manner: 343 (a) The agency shall publish each notice, determination, 344 and complete report on its Internet website. If the agency does 345 not have an Internet website, the information shall be published 346 on the committee’s Internet website using 347 www.japc.state.fl.us/[agency name]/ in place of the address of 348 the agency’s Internet website. The following URL formats shall 349 be used: 350 1. Reports required under subsection (3), including any 351 reports amended as a result of a determination under subsection 352 (4): 353 [Address of agency’s Internet 354 website]/2011_Rule_review/ [Florida Administrative 355 Code (F.A.C.) title and subtitle (if applicable) 356 designation for the rules included]. (Example: 357 http://www.dos.state.fl.us/2011_Rule_review/1S). 358 2. The lists of Group 1 rules and Group 2 rules, required 359 under subsection (3): 360 [Address of agency’s Internet 361 website]/2011_Rule_review/ Economic_Review/Schedule. 362 (Example: http://www.dos.state.fl.us/2011_Rule_review/ 363 Economic_Review/Schedule) 364 3. Determinations under subsection (4): 365 [Address of agency’s Internet 366 website]/2011_Rule_review/ 367 Objection_Determination/[F.A.C. Rule number]. 368 (Example: http://www.dos.state.fl.us/2011_Rule_review/ 369 Objection_Determination/1S-1.001). 370 4. Completed compliance economic reviews reported under 371 subsection (5): 372 [Address of agency’s Internet 373 website]/2011_Rule_review/ Economic Review/[F.A.C.Rule 374 number]. 375 (Example: http://www.dos.state.fl.us/2011_Rule_review/ 376 Economic_Review/1S-1.001). 377 5. Final reports under paragraph (5)(d), with the 378 appropriate year: 379 [Address of agency’s Internet 380 website]/2011_Rule_review/ Economic 381 Review/[YYYY_Final_Report]. 382 (Example: http://www.dos.state.fl.us/2011_Rule_review/ 383 Economic Review/2012_Final_Report). 384 (b)1. Each notice shall be published using the following 385 URL format: 386 [Address of agency’s Internet website]/ 387 2011_Rule_review/Notices. 388 (Example: 389 http://www.dos.state.fl.us/2011_Rule_review/Notices). 390 2. Once each week a copy of all notices published in the 391 previous week on the Internet under this paragraph shall be 392 delivered to the Department of State, for publication in the 393 next available issue of the Florida Administrative Weekly, and a 394 copy shall be delivered by electronic mail to the committee. 395 3. Each notice shall identify the publication for which 396 notice is being given and include: 397 a. The name of the agency. 398 b. The name, physical address, fax number, and e-mail 399 address for the person designated to receive all inquiries, 400 public comments, and objections pertaining to the publication 401 identified in the notice. 402 c. The particular Internet address through which the 403 publication may be accessed. 404 d. The date the notice and publication is first published 405 on the agency’s Internet website. 406 (c) Publication pursuant to this section is deemed to be 407 complete as of the date the notice, determination, or report is 408 posted on the agency’s Internet website. 409 (8) FAILURE TO FILE CERTIFICATION OF COMPLETION.-If an 410 agency fails to timely file any written certification required 411 in paragraph (2)(i), paragraph (4)(g), subparagraph (5)(a)2., or 412 subparagraph (5)(d)6., the entire rulemaking authority delegated 413 to the agency by the Legislature under any statute or law shall 414 be suspended automatically as of the due date of the required 415 certification and shall remain suspended until the date that the 416 agency files the required certification with the committee. 417 (a) During the period of any suspension under this 418 subsection, the agency has no authority to engage in rulemaking 419 under s. 120.54. 420 (b) A suspension under this subsection does not authorize 421 an agency to promulgate any statement defined as a rule under s. 422 120.52(16). 423 (c) A suspension under this subsection shall toll the time 424 requirements under s. 120.54 for any rulemaking proceeding the 425 agency initiated before the date of suspension, which time 426 requirements shall resume on the date the agency files the 427 written certification with the committee and publishes notice of 428 the required certification in the manner provided in subsection 429 (7). 430 (d) Failure to timely file a written certification required 431 under paragraph (2)(i) tolls the time for public response, which 432 period shall not begin until the date the agency files the 433 written certification with the committee and publishes notice of 434 the required certification in the manner provided in subsection 435 (7). The period for public response shall be extended by the 436 number of days equivalent to the period of suspension under this 437 subsection. 438 (e) Failure to timely file a written certification required 439 under subparagraph (5)(a)2. shall toll the deadline for 440 submission of lower cost regulatory alternatives for any rule or 441 subpart for which a compliance economic review has not been 442 timely published. The period of tolling shall be the number of 443 days after May 1 until the date of the certification as 444 published. 445 (9) EXEMPTION FROM ENHANCED BIENNIAL REVIEW AND COMPLIANCE 446 ECONOMIC REVIEW.— 447 (a) An agency is exempt from subsections (1)-(8) if it has 448 cooperated or cooperates with OFARR in a review of the agency’s 449 rules in a manner consistent with Executive Order 2011-01, or 450 any alternative review directed by OFARR; if the agency or OFARR 451 identifies each data collection rule and each revenue rule; and 452 if the information developed thereby becomes publicly available 453 on the Internet by December 1, 2011. Each such agency is exempt 454 from the biennial review required in s. 120.74(2) for the year 455 2011. 456 (b) For each rule reviewed under this subsection, OFARR may 457 identify whether the rule imposes a significant regulatory cost 458 or economic impact and shall schedule and obtain or direct a 459 reasonable economic estimate of such cost and impact for each 460 rule so identified. A report on each such estimate shall be 461 published on the Internet by December 31, 2013. On or before 462 October 1, 2013, the agency head shall certify in writing to the 463 committee that the agency has completed each economic estimate 464 required under this paragraph and thereupon the agency is exempt 465 from the biennial review required in s. 120.74(2) for the year 466 2013. 467 (c) The exemption under this paragraph does not apply 468 unless the agency head certifies in writing to the committee, on 469 or before October 1, 2011, that the agency has chosen such 470 exemption and has cooperated with OFARR in undertaking the 471 review required in paragraph (a). 472 (10) REPEAL.—This section is repealed July 1, 2014. 473 Section 7. Section 120.7455, Florida Statutes, is created 474 to read: 475 120.7455 Legislative survey of regulatory impacts.— 476 (1) From July 1, 2011, until July 1, 2014, the Legislature 477 may establish and maintain an Internet-based public survey of 478 regulatory impact soliciting information from the public 479 regarding the kind and degree of regulation affecting private 480 activities in the state. The input may include, but need not be 481 limited to: 482 (a) The registered business name or other name of each 483 reporting person. 484 (b) The number and identity of agencies licensing, 485 inspecting, registering, permitting, or otherwise regulating 486 lawful activities of the reporting person. 487 (c) The types, numbers, and nature of licenses, permits, 488 and registrations required for various lawful activities of the 489 reporting person. 490 (d) The identity of local, state, and federal agencies, and 491 other entities acting under color of law which regulate the 492 lawful activities of the reporting person or otherwise exercise 493 power to enforce laws applicable to such activities. 494 (e) The identification and nature of each ordinance, law, 495 or administrative rule or regulation deemed unreasonably 496 burdensome by the reporting person. 497 (2) The President of the Senate and the Speaker of the 498 House of Representatives may certify in writing to the chair of 499 the committee and to the Attorney General the establishment and 500 identity of any Internet-based public survey established under 501 this section. 502 (3) Any person reporting or otherwise providing information 503 solicited by the Legislature in conformity with this section is 504 immune from any enforcement action or prosecution that: 505 (a) Is instituted on account of, or in reliance upon, the 506 fact of reporting or nonreporting of information in response to 507 the Legislature’s solicitation of information pursuant to this 508 section; or 509 (b) Uses information provided in response to the 510 Legislature’s solicitation of information pursuant to this 511 section. 512 (4) Any alleged violator against whom an enforcement action 513 is brought may object to any proposed penalty in excess of the 514 minimum provided by law or rule on the basis that the action is 515 in retaliation for the violator providing or withholding any 516 information in response to the Legislature’s solicitation of 517 information pursuant to this section. If the presiding judge 518 determines that the enforcement action was motivated in whole or 519 in part by retaliation, any penalty imposed is limited to the 520 minimum penalties provided by law for each separate violation 521 adjudicated. 522 Section 8. The amendment of section 120.74, Florida 523 Statutes, and the creation of sections 120.745 and 120.7455, 524 Florida Statutes, by this act does not change the legal status 525 of a rule that has otherwise been judicially or administratively 526 determined to be invalid. 527 528 ================= T I T L E A M E N D M E N T ================ 529 And the title is amended as follows: 530 Delete line 20 531 and insert: 532 estimated regulatory costs is available; amending s. 533 120.569, F.S.; providing that a nonapplicant who 534 petitions to challenge an agency’s issuance of a 535 license, permit, or conceptual approval in certain 536 circumstances has the burden of ultimate persuasion 537 and the burden of going forward with evidence; 538 amending s. 120.74, F.S.; providing for agency 539 reporting of certain annual regulatory plans; 540 providing for certain omissions and suspensions of 541 reports; creating s. 120.745, F.S.; providing for 542 legislative review of agency rules in effect on or 543 before November 16, 2010; providing definitions; 544 requiring that each agency complete an enhanced 545 biennial review of its existing rules; requiring a 546 report of the enhanced biennial review; providing 547 specifications for the report; providing for 548 objections and the agency’s response; requiring the 549 performance of a compliance economic review and report 550 under certain circumstances; providing specifications 551 for the review; providing specifications for 552 publishing the final report of the agency’s review; 553 requiring that an agency publish notices, 554 determinations, and reports in a specified format; 555 requiring the Department of State to publish certain 556 notices in the Florida Administrative Weekly; 557 providing specifications; providing for future review 558 and repeal; providing for suspension of rulemaking 559 authority for failure to comply with the certification 560 requirements of the section; providing for an 561 exemption from certain requirements; creating s. 562 120.7455, F.S.; providing that the Legislature may 563 establish and maintain an Internet-based public survey 564 of regulatory impacts; providing input details; 565 providing that legislative leaders may certify in 566 writing to certain individuals the establishment and 567 identity of any such Internet-based survey; providing 568 immunities from enforcement action or prosecution 569 involving information solicited through the survey; 570 providing protections from retaliatory enforcement 571 actions; clarifying that the legal status of a rule 572 that has been determined to be invalid is not changed 573 by the amendment or creation of specified provisions 574 by the act; amending s.