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)
    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.
  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).
  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).
  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.
  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.
  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.
  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.
  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.