HB 993

A bill to be entitled
2An act relating to rulemaking; amending s. 120.54, F.S.;
3requiring that an agency include in its notice of intended
4rulemaking a statement as to whether the proposed rule
5will require legislative ratification; clarifying that
6certain proposed rules are adopted only when ratified by
7the Legislature; amending s. 120.541, F.S.; reducing the
8time before an agency files a rule for adoption within
9which the agency must notify the person who submitted a
10lower cost alternative and the Administrative Procedures
11Committee; amending s. 120.56, F.S.; reducing the time in
12which a substantially affected person may seek an
13administrative determination of the invalidity of a rule
14after the statement or revised statement of estimated
15regulatory costs is available; providing an effective
18Be It Enacted by the Legislature of the State of Florida:
20     Section 1.  Paragraphs (a) and (e) of subsection (3) of
21section 120.54, Florida Statutes, as amended by chapter 2010-
22279, Laws of Florida, are amended to read:
23     120.54  Rulemaking.-
25     (a)  Notices.-
26     1.  Prior to the adoption, amendment, or repeal of any rule
27other than an emergency rule, an agency, upon approval of the
28agency head, shall give notice of its intended action, setting
29forth a short, plain explanation of the purpose and effect of
30the proposed action; the full text of the proposed rule or
31amendment and a summary thereof; a reference to the grant of
32rulemaking authority pursuant to which the rule is adopted; and
33a reference to the section or subsection of the Florida Statutes
34or the Laws of Florida being implemented or interpreted. The
35notice must include a summary of the agency's statement of the
36estimated regulatory costs, if one has been prepared, based on
37the factors set forth in s. 120.541(2), and a statement that any
38person who wishes to provide the agency with information
39regarding the statement of estimated regulatory costs, or to
40provide a proposal for a lower cost regulatory alternative as
41provided by s. 120.541(1), must do so in writing within 21 days
42after publication of the notice, and a statement as to whether
43the proposed rule will require legislative ratification pursuant
44to s. 120.541(3). The notice must state the procedure for
45requesting a public hearing on the proposed rule. Except when
46the intended action is the repeal of a rule, the notice must
47include a reference both to the date on which and to the place
48where the notice of rule development that is required by
49subsection (2) appeared.
50     2.  The notice shall be published in the Florida
51Administrative Weekly not less than 28 days prior to the
52intended action. The proposed rule shall be available for
53inspection and copying by the public at the time of the
54publication of notice.
55     3.  The notice shall be mailed to all persons named in the
56proposed rule and to all persons who, at least 14 days prior to
57such mailing, have made requests of the agency for advance
58notice of its proceedings. The agency shall also give such
59notice as is prescribed by rule to those particular classes of
60persons to whom the intended action is directed.
61     4.  The adopting agency shall file with the committee, at
62least 21 days prior to the proposed adoption date, a copy of
63each rule it proposes to adopt; a copy of any material
64incorporated by reference in the rule; a detailed written
65statement of the facts and circumstances justifying the proposed
66rule; a copy of any statement of estimated regulatory costs that
67has been prepared pursuant to s. 120.541; a statement of the
68extent to which the proposed rule relates to federal standards
69or rules on the same subject; and the notice required by
70subparagraph 1.
71     (e)  Filing for final adoption; effective date.-
72     1.  If the adopting agency is required to publish its rules
73in the Florida Administrative Code, the agency, upon approval of
74the agency head, shall file with the Department of State three
75certified copies of the rule it proposes to adopt; one copy of
76any material incorporated by reference in the rule, certified by
77the agency; a summary of the rule; a summary of any hearings
78held on the rule; and a detailed written statement of the facts
79and circumstances justifying the rule. Agencies not required to
80publish their rules in the Florida Administrative Code shall
81file one certified copy of the proposed rule, and the other
82material required by this subparagraph, in the office of the
83agency head, and such rules shall be open to the public.
84     2.  A rule may not be filed for adoption less than 28 days
85or more than 90 days after the notice required by paragraph (a),
86until 21 days after the notice of change required by paragraph
87(d), until 14 days after the final public hearing, until 21 days
88after a statement of estimated regulatory costs required under
89s. 120.541 has been provided to all persons who submitted a
90lower cost regulatory alternative and made available to the
91public, or until the administrative law judge has rendered a
92decision under s. 120.56(2), whichever applies. When a required
93notice of change is published prior to the expiration of the
94time to file the rule for adoption, the period during which a
95rule must be filed for adoption is extended to 45 days after the
96date of publication. If notice of a public hearing is published
97prior to the expiration of the time to file the rule for
98adoption, the period during which a rule must be filed for
99adoption is extended to 45 days after adjournment of the final
100hearing on the rule, 21 days after receipt of all material
101authorized to be submitted at the hearing, or 21 days after
102receipt of the transcript, if one is made, whichever is latest.
103The term "public hearing" includes any public meeting held by
104any agency at which the rule is considered. If a petition for an
105administrative determination under s. 120.56(2) is filed, the
106period during which a rule must be filed for adoption is
107extended to 60 days after the administrative law judge files the
108final order with the clerk or until 60 days after subsequent
109judicial review is complete.
110     3.  At the time a rule is filed, the agency shall certify
111that the time limitations prescribed by this paragraph have been
112complied with, that all statutory rulemaking requirements have
113been met, and that there is no administrative determination
114pending on the rule.
115     4.  At the time a rule is filed, the committee shall
116certify whether the agency has responded in writing to all
117material and timely written comments or written inquiries made
118on behalf of the committee. The department shall reject any rule
119that is not filed within the prescribed time limits; that does
120not comply with all statutory rulemaking requirements and rules
121of the department; upon which an agency has not responded in
122writing to all material and timely written inquiries or written
123comments; upon which an administrative determination is pending;
124or which does not include a statement of estimated regulatory
125costs, if required.
126     5.  If a rule has not been adopted within the time limits
127imposed by this paragraph or has not been adopted in compliance
128with all statutory rulemaking requirements, the agency proposing
129the rule shall withdraw the rule and give notice of its action
130in the next available issue of the Florida Administrative
132     6.  The proposed rule shall be adopted on being filed with
133the Department of State and become effective 20 days after being
134filed, on a later date specified in the notice required by
135subparagraph (a)1., or on a date required by statute, or when
136ratified by the Legislature pursuant to s. 120.541(3). Rules not
137required to be filed with the Department of State shall become
138effective when adopted by the agency head, or on a later date
139specified by rule or statute, or when ratified by the
140Legislature pursuant to s. 120.541(3). If the committee notifies
141an agency that an objection to a rule is being considered, the
142agency may postpone the adoption of the rule to accommodate
143review of the rule by the committee. When an agency postpones
144adoption of a rule to accommodate review by the committee, the
14590-day period for filing the rule is tolled until the committee
146notifies the agency that it has completed its review of the
149For the purposes of this paragraph, the term "administrative
150determination" does not include subsequent judicial review.
151     Section 2.  Paragraph (d) of subsection (1) of section
152120.541, Florida Statutes, as amended by chapter 2010-279, Laws
153of Florida, is amended to read:
154     120.541  Statement of estimated regulatory costs.-
155     (1)
156     (d)  At least 21 45 days before filing the rule for
157adoption, an agency that is required to revise a statement of
158estimated regulatory costs shall provide the statement to the
159person who submitted the lower cost regulatory alternative and
160to the committee and shall provide notice on the agency's
161website that it is available to the public.
162     Section 3.  Paragraph (a) of subsection (2) of section
163120.56, Florida Statutes, as amended by chapter 2010-279, Laws
164of Florida, is amended to read:
165     120.56  Challenges to rules.-
167     (a)  A substantially affected person may seek an
168administrative determination of the invalidity of a proposed
169rule by filing a petition seeking such a determination with the
170division within 21 days after the date of publication of the
171notice required by s. 120.54(3)(a); within 10 days after the
172final public hearing is held on the proposed rule as provided by
173s. 120.54(3)(e)2.; within 20 44 days after the statement of
174estimated regulatory costs or revised statement of estimated
175regulatory costs, if applicable, has been prepared and made
176available as provided in s. 120.541(1)(d); or within 20 days
177after the date of publication of the notice required by s.
178120.54(3)(d). The petition must state with particularity the
179objections to the proposed rule and the reasons that the
180proposed rule is an invalid exercise of delegated legislative
181authority. The petitioner has the burden of going forward. The
182agency then has the burden to prove by a preponderance of the
183evidence that the proposed rule is not an invalid exercise of
184delegated legislative authority as to the objections raised. A
185person who is substantially affected by a change in the proposed
186rule may seek a determination of the validity of such change. A
187person who is not substantially affected by the proposed rule as
188initially noticed, but who is substantially affected by the rule
189as a result of a change, may challenge any provision of the rule
190and is not limited to challenging the change to the proposed
192     Section 4.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.