| 1 | A bill to be entitled |
| 2 | An act relating to rulemaking; amending s. 120.54, F.S.; |
| 3 | requiring that an agency include in its notice of intended |
| 4 | rulemaking a statement as to whether the proposed rule |
| 5 | will require legislative ratification; clarifying that a |
| 6 | statement of estimated regulatory costs is not required |
| 7 | for emergency rulemaking; providing for modification or |
| 8 | withdrawal of an adopted rule that is not ratified by the |
| 9 | Legislature; providing for expedited repeal of rules |
| 10 | determined to have required legislative ratification |
| 11 | before going into effect; clarifying that certain proposed |
| 12 | rules are effective only when ratified by the Legislature; |
| 13 | amending s. 120.541, F.S.; reducing the time before an |
| 14 | agency files a rule for adoption when the agency must |
| 15 | notify the person who submitted a lower cost alternative |
| 16 | and the Administrative Procedures Committee; excluding |
| 17 | rules adopting federal standards, triennial updates to the |
| 18 | Florida Building Code, or triennial updates to the Florida |
| 19 | Fire Prevention Code from required legislative |
| 20 | ratification; excluding emergency rulemaking from certain |
| 21 | provisions; creating s. 120.547, F.S.; providing |
| 22 | legislative findings and definitions; providing for |
| 23 | summary repeal of rules by statewide elected executive |
| 24 | officers within the first 6 months of their respective |
| 25 | terms; specifying agencies affected by the repeal; |
| 26 | providing procedures for notice of the repeal; providing |
| 27 | for objection to the repeal; providing nonapplicability of |
| 28 | other provisions of law to the summary repeal process; |
| 29 | providing requirements for judicial review of the repeal; |
| 30 | providing for exclusive and nondelegable authority; |
| 31 | amending s. 120.56, F.S.; reducing the time in which a |
| 32 | substantially affected person may seek an administrative |
| 33 | determination of the invalidity of a rule after the |
| 34 | statement or revised statement of estimated regulatory |
| 35 | costs is available; providing an effective date. |
| 36 |
|
| 37 | Be It Enacted by the Legislature of the State of Florida: |
| 38 |
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| 39 | Section 1. Paragraphs (a), (b), (d), and (e) of subsection |
| 40 | (3) of section 120.54, Florida Statutes, as amended by chapter |
| 41 | 2010-279, Laws of Florida, are amended to read: |
| 42 | 120.54 Rulemaking.- |
| 43 | (3) ADOPTION PROCEDURES.- |
| 44 | (a) Notices.- |
| 45 | 1. Prior to the adoption, amendment, or repeal of any rule |
| 46 | other than an emergency rule, an agency, upon approval of the |
| 47 | agency head, shall give notice of its intended action, setting |
| 48 | forth a short, plain explanation of the purpose and effect of |
| 49 | the proposed action; the full text of the proposed rule or |
| 50 | amendment and a summary thereof; a reference to the grant of |
| 51 | rulemaking authority pursuant to which the rule is adopted; and |
| 52 | a reference to the section or subsection of the Florida Statutes |
| 53 | or the Laws of Florida being implemented or interpreted. The |
| 54 | notice must include a summary of the agency's statement of the |
| 55 | estimated regulatory costs, if one has been prepared, based on |
| 56 | the factors set forth in s. 120.541(2);, and a statement that |
| 57 | any person who wishes to provide the agency with information |
| 58 | regarding the statement of estimated regulatory costs, or to |
| 59 | provide a proposal for a lower cost regulatory alternative as |
| 60 | provided by s. 120.541(1), must do so in writing within 21 days |
| 61 | after publication of the notice; and a statement as to whether |
| 62 | the proposed rule will require legislative ratification pursuant |
| 63 | to s. 120.541(3). The notice must state the procedure for |
| 64 | requesting a public hearing on the proposed rule. Except when |
| 65 | the intended action is the repeal of a rule, the notice must |
| 66 | include a reference both to the date on which and to the place |
| 67 | where the notice of rule development that is required by |
| 68 | subsection (2) appeared. |
| 69 | 2. The notice shall be published in the Florida |
| 70 | Administrative Weekly not less than 28 days prior to the |
| 71 | intended action. The proposed rule shall be available for |
| 72 | inspection and copying by the public at the time of the |
| 73 | publication of notice. |
| 74 | 3. The notice shall be mailed to all persons named in the |
| 75 | proposed rule and to all persons who, at least 14 days prior to |
| 76 | such mailing, have made requests of the agency for advance |
| 77 | notice of its proceedings. The agency shall also give such |
| 78 | notice as is prescribed by rule to those particular classes of |
| 79 | persons to whom the intended action is directed. |
| 80 | 4. The adopting agency shall file with the committee, at |
| 81 | least 21 days prior to the proposed adoption date, a copy of |
| 82 | each rule it proposes to adopt; a copy of any material |
| 83 | incorporated by reference in the rule; a detailed written |
| 84 | statement of the facts and circumstances justifying the proposed |
| 85 | rule; a copy of any statement of estimated regulatory costs that |
| 86 | has been prepared pursuant to s. 120.541; a statement of the |
| 87 | extent to which the proposed rule relates to federal standards |
| 88 | or rules on the same subject; and the notice required by |
| 89 | subparagraph 1. |
| 90 | (b) Special matters to be considered in rule adoption.- |
| 91 | 1. Statement of estimated regulatory costs.-Prior to the |
| 92 | adoption, amendment, or repeal of any rule other than an |
| 93 | emergency rule, an agency is encouraged to prepare a statement |
| 94 | of estimated regulatory costs of the proposed rule, as provided |
| 95 | by s. 120.541. However, an agency must prepare a statement of |
| 96 | estimated regulatory costs of the proposed rule, as provided by |
| 97 | s. 120.541, if: |
| 98 | a. The proposed rule will have an adverse impact on small |
| 99 | business; or |
| 100 | b. The proposed rule is likely to directly or indirectly |
| 101 | increase regulatory costs in excess of $200,000 in the aggregate |
| 102 | in this state within 1 year after the implementation of the |
| 103 | rule. |
| 104 | 2. Small businesses, small counties, and small cities.- |
| 105 | a. Each agency, before the adoption, amendment, or repeal |
| 106 | of a rule, shall consider the impact of the rule on small |
| 107 | businesses as defined by s. 288.703 and the impact of the rule |
| 108 | on small counties or small cities as defined by s. 120.52. |
| 109 | Whenever practicable, an agency shall tier its rules to reduce |
| 110 | disproportionate impacts on small businesses, small counties, or |
| 111 | small cities to avoid regulating small businesses, small |
| 112 | counties, or small cities that do not contribute significantly |
| 113 | to the problem the rule is designed to address. An agency may |
| 114 | define "small business" to include businesses employing more |
| 115 | than 200 persons, may define "small county" to include those |
| 116 | with populations of more than 75,000, and may define "small |
| 117 | city" to include those with populations of more than 10,000, if |
| 118 | it finds that such a definition is necessary to adapt a rule to |
| 119 | the needs and problems of small businesses, small counties, or |
| 120 | small cities. The agency shall consider each of the following |
| 121 | methods for reducing the impact of the proposed rule on small |
| 122 | businesses, small counties, and small cities, or any combination |
| 123 | of these entities: |
| 124 | (I) Establishing less stringent compliance or reporting |
| 125 | requirements in the rule. |
| 126 | (II) Establishing less stringent schedules or deadlines in |
| 127 | the rule for compliance or reporting requirements. |
| 128 | (III) Consolidating or simplifying the rule's compliance |
| 129 | or reporting requirements. |
| 130 | (IV) Establishing performance standards or best management |
| 131 | practices to replace design or operational standards in the |
| 132 | rule. |
| 133 | (V) Exempting small businesses, small counties, or small |
| 134 | cities from any or all requirements of the rule. |
| 135 | b.(I) If the agency determines that the proposed action |
| 136 | will affect small businesses as defined by the agency as |
| 137 | provided in sub-subparagraph a., the agency shall send written |
| 138 | notice of the rule to the Small Business Regulatory Advisory |
| 139 | Council and the Office of Tourism, Trade, and Economic |
| 140 | Development not less than 28 days prior to the intended action. |
| 141 | (II) Each agency shall adopt those regulatory alternatives |
| 142 | offered by the Small Business Regulatory Advisory Council and |
| 143 | provided to the agency no later than 21 days after the council's |
| 144 | receipt of the written notice of the rule which it finds are |
| 145 | feasible and consistent with the stated objectives of the |
| 146 | proposed rule and which would reduce the impact on small |
| 147 | businesses. When regulatory alternatives are offered by the |
| 148 | Small Business Regulatory Advisory Council, the 90-day period |
| 149 | for filing the rule in subparagraph (e)2. is extended for a |
| 150 | period of 21 days. |
| 151 | (III) If an agency does not adopt all alternatives offered |
| 152 | pursuant to this sub-subparagraph, it shall, prior to rule |
| 153 | adoption or amendment and pursuant to subparagraph (d)1., file a |
| 154 | detailed written statement with the committee explaining the |
| 155 | reasons for failure to adopt such alternatives. Within 3 working |
| 156 | days of the filing of such notice, the agency shall send a copy |
| 157 | of such notice to the Small Business Regulatory Advisory |
| 158 | Council. The Small Business Regulatory Advisory Council may make |
| 159 | a request of the President of the Senate and the Speaker of the |
| 160 | House of Representatives that the presiding officers direct the |
| 161 | Office of Program Policy Analysis and Government Accountability |
| 162 | to determine whether the rejected alternatives reduce the impact |
| 163 | on small business while meeting the stated objectives of the |
| 164 | proposed rule. Within 60 days after the date of the directive |
| 165 | from the presiding officers, the Office of Program Policy |
| 166 | Analysis and Government Accountability shall report to the |
| 167 | Administrative Procedures Committee its findings as to whether |
| 168 | an alternative reduces the impact on small business while |
| 169 | meeting the stated objectives of the proposed rule. The Office |
| 170 | of Program Policy Analysis and Government Accountability shall |
| 171 | consider the proposed rule, the economic impact statement, the |
| 172 | written statement of the agency, the proposed alternatives, and |
| 173 | any comment submitted during the comment period on the proposed |
| 174 | rule. The Office of Program Policy Analysis and Government |
| 175 | Accountability shall submit a report of its findings and |
| 176 | recommendations to the Governor, the President of the Senate, |
| 177 | and the Speaker of the House of Representatives. The |
| 178 | Administrative Procedures Committee shall report such findings |
| 179 | to the agency, and the agency shall respond in writing to the |
| 180 | Administrative Procedures Committee if the Office of Program |
| 181 | Policy Analysis and Government Accountability found that the |
| 182 | alternative reduced the impact on small business while meeting |
| 183 | the stated objectives of the proposed rule. If the agency will |
| 184 | not adopt the alternative, it must also provide a detailed |
| 185 | written statement to the committee as to why it will not adopt |
| 186 | the alternative. |
| 187 | 3. This paragraph does not apply to the adoption of |
| 188 | emergency rules pursuant to subsection (4). |
| 189 | (d) Modification or withdrawal of proposed rules.- |
| 190 | 1. After the final public hearing on the proposed rule, or |
| 191 | after the time for requesting a hearing has expired, if the rule |
| 192 | has not been changed from the rule as previously filed with the |
| 193 | committee, or contains only technical changes, the adopting |
| 194 | agency shall file a notice to that effect with the committee at |
| 195 | least 7 days prior to filing the rule for adoption. Any change, |
| 196 | other than a technical change that does not affect the substance |
| 197 | of the rule, must be supported by the record of public hearings |
| 198 | held on the rule, must be in response to written material |
| 199 | submitted to the agency within 21 days after the date of |
| 200 | publication of the notice of intended agency action or submitted |
| 201 | to the agency between the date of publication of the notice and |
| 202 | the end of the final public hearing, or must be in response to a |
| 203 | proposed objection by the committee. In addition, when any |
| 204 | change is made in a proposed rule, other than a technical |
| 205 | change, the adopting agency shall provide a copy of a notice of |
| 206 | change by certified mail or actual delivery to any person who |
| 207 | requests it in writing no later than 21 days after the notice |
| 208 | required in paragraph (a). The agency shall file the notice of |
| 209 | change with the committee, along with the reasons for the |
| 210 | change, and provide the notice of change to persons requesting |
| 211 | it, at least 21 days prior to filing the rule for adoption. The |
| 212 | notice of change shall be published in the Florida |
| 213 | Administrative Weekly at least 21 days prior to filing the rule |
| 214 | for adoption. This subparagraph does not apply to emergency |
| 215 | rules adopted pursuant to subsection (4). |
| 216 | 2. After the notice required by paragraph (a) and prior to |
| 217 | adoption, the agency may withdraw the rule in whole or in part. |
| 218 | 3. After adoption and before the rule becomes effective |
| 219 | date, a rule may be modified or withdrawn only in response to |
| 220 | one of the following: |
| 221 | a. The committee objects to the rule; |
| 222 | b. A final order, not subject to further appeal, is |
| 223 | entered in a rule challenge brought pursuant to s. 120.56 after |
| 224 | the date of adoption but before the rule becomes effective |
| 225 | pursuant to subparagraph (e)6.; |
| 226 | c. The rule is timely submitted for legislative |
| 227 | ratification pursuant to s. 120.541(3) but the Legislature |
| 228 | adjourns sine die from at least one regular session without |
| 229 | ratifying the rule, in which case the rule may be withdrawn but |
| 230 | not modified; or |
| 231 | d. an objection by the committee or may be modified to |
| 232 | extend the effective date by not more than 60 days when The |
| 233 | committee notifies has notified the agency that an objection to |
| 234 | the rule is being considered, in which case the rule may be |
| 235 | modified to extend the effective date by not more than 60 days. |
| 236 | 4. The agency shall give notice of its decision to |
| 237 | withdraw or modify a rule in the first available issue of the |
| 238 | publication in which the original notice of rulemaking was |
| 239 | published, shall notify those persons described in subparagraph |
| 240 | (a)3. in accordance with the requirements of that subparagraph, |
| 241 | and shall notify the Department of State if the rule is required |
| 242 | to be filed with the Department of State. |
| 243 | 5. After a rule has become effective, it may be repealed |
| 244 | or amended only through the rulemaking procedures specified in |
| 245 | this chapter. However, a rule that was not submitted for |
| 246 | ratification pursuant to s. 120.541(3), but that subsequently is |
| 247 | determined by final order to require ratification as of the date |
| 248 | of adoption, may be repealed if: |
| 249 | a. The adopting agency publishes notice of the final order |
| 250 | finding that ratification pursuant to s. 120.541(3) was required |
| 251 | as of the date of adoption and that the rule is being repealed |
| 252 | as of the date of the final order; and |
| 253 | b. After the final order is rendered, the notice is |
| 254 | published in the first available Florida Administrative Weekly |
| 255 | and on the agency's Internet website. |
| 256 | (e) Filing for final adoption; effective date.- |
| 257 | 1. If the adopting agency is required to publish its rules |
| 258 | in the Florida Administrative Code, the agency, upon approval of |
| 259 | the agency head, shall file with the Department of State three |
| 260 | certified copies of the rule it proposes to adopt; one copy of |
| 261 | any material incorporated by reference in the rule, certified by |
| 262 | the agency; a summary of the rule; a summary of any hearings |
| 263 | held on the rule; and a detailed written statement of the facts |
| 264 | and circumstances justifying the rule. Agencies not required to |
| 265 | publish their rules in the Florida Administrative Code shall |
| 266 | file one certified copy of the proposed rule, and the other |
| 267 | material required by this subparagraph, in the office of the |
| 268 | agency head, and such rules shall be open to the public. |
| 269 | 2. A rule may not be filed for adoption less than 28 days |
| 270 | or more than 90 days after the notice required by paragraph (a), |
| 271 | until 21 days after the notice of change required by paragraph |
| 272 | (d), until 14 days after the final public hearing, until 21 days |
| 273 | after a statement of estimated regulatory costs required under |
| 274 | s. 120.541 has been provided to all persons who submitted a |
| 275 | lower cost regulatory alternative and made available to the |
| 276 | public, or until the administrative law judge has rendered a |
| 277 | decision under s. 120.56(2), whichever applies. When a required |
| 278 | notice of change is published prior to the expiration of the |
| 279 | time to file the rule for adoption, the period during which a |
| 280 | rule must be filed for adoption is extended to 45 days after the |
| 281 | date of publication. If notice of a public hearing is published |
| 282 | prior to the expiration of the time to file the rule for |
| 283 | adoption, the period during which a rule must be filed for |
| 284 | adoption is extended to 45 days after adjournment of the final |
| 285 | hearing on the rule, 21 days after receipt of all material |
| 286 | authorized to be submitted at the hearing, or 21 days after |
| 287 | receipt of the transcript, if one is made, whichever is latest. |
| 288 | The term "public hearing" includes any public meeting held by |
| 289 | any agency at which the rule is considered. If a petition for an |
| 290 | administrative determination under s. 120.56(2) is filed, the |
| 291 | period during which a rule must be filed for adoption is |
| 292 | extended to 60 days after the administrative law judge files the |
| 293 | final order with the clerk or until 60 days after subsequent |
| 294 | judicial review is complete. |
| 295 | 3. At the time a rule is filed, the agency shall certify |
| 296 | that the time limitations prescribed by this paragraph have been |
| 297 | complied with, that all statutory rulemaking requirements have |
| 298 | been met, and that there is no administrative determination |
| 299 | pending on the rule. |
| 300 | 4. At the time a rule is filed, the committee shall |
| 301 | certify whether the agency has responded in writing to all |
| 302 | material and timely written comments or written inquiries made |
| 303 | on behalf of the committee. The department shall reject any rule |
| 304 | that is not filed within the prescribed time limits; that does |
| 305 | not comply with all statutory rulemaking requirements and rules |
| 306 | of the department; upon which an agency has not responded in |
| 307 | writing to all material and timely written inquiries or written |
| 308 | comments; upon which an administrative determination is pending; |
| 309 | or which does not include a statement of estimated regulatory |
| 310 | costs, if required. |
| 311 | 5. If a rule has not been adopted within the time limits |
| 312 | imposed by this paragraph or has not been adopted in compliance |
| 313 | with all statutory rulemaking requirements, the agency proposing |
| 314 | the rule shall withdraw the rule and give notice of its action |
| 315 | in the next available issue of the Florida Administrative |
| 316 | Weekly. |
| 317 | 6. The proposed rule shall be adopted on being filed with |
| 318 | the Department of State and become effective 20 days after being |
| 319 | filed, on a later date specified in the notice required by |
| 320 | subparagraph (a)1., or on a date required by statute, or upon |
| 321 | ratification by the Legislature pursuant to s. 120.541(3). Rules |
| 322 | not required to be filed with the Department of State shall |
| 323 | become effective when adopted by the agency head, or on a later |
| 324 | date specified by rule or statute, or upon ratification by the |
| 325 | Legislature pursuant to s. 120.541(3). If the committee notifies |
| 326 | an agency that an objection to a rule is being considered, the |
| 327 | agency may postpone the adoption of the rule to accommodate |
| 328 | review of the rule by the committee. When an agency postpones |
| 329 | adoption of a rule to accommodate review by the committee, the |
| 330 | 90-day period for filing the rule is tolled until the committee |
| 331 | notifies the agency that it has completed its review of the |
| 332 | rule. |
| 333 |
|
| 334 | For the purposes of this paragraph, the term "administrative |
| 335 | determination" does not include subsequent judicial review. |
| 336 | Section 2. Paragraph (d) of subsection (1) and subsection |
| 337 | (4) of section 120.541, Florida Statutes, as amended by chapter |
| 338 | 2010-279, Laws of Florida, are amended, and subsection (5) is |
| 339 | added to that section, to read: |
| 340 | 120.541 Statement of estimated regulatory costs.- |
| 341 | (1) |
| 342 | (d) At least 21 45 days before filing the rule for |
| 343 | adoption, an agency that is required to revise a statement of |
| 344 | estimated regulatory costs shall provide the statement to the |
| 345 | person who submitted the lower cost regulatory alternative and |
| 346 | to the committee and shall provide notice on the agency's |
| 347 | website that it is available to the public. |
| 348 | (3) If the adverse impact or regulatory costs of the rule |
| 349 | exceed any of the criteria established in paragraph (2)(a), the |
| 350 | rule shall be submitted to the President of the Senate and |
| 351 | Speaker of the House of Representatives no later than 30 days |
| 352 | prior to the next regular legislative session, and the rule may |
| 353 | not take effect until it is ratified by the Legislature. |
| 354 | (4) Subsection (3) Paragraph (2)(a) does not apply to the |
| 355 | adoption of: |
| 356 | (a) emergency rules pursuant to s. 120.54(4) or the |
| 357 | adoption of Federal standards pursuant to s. 120.54(6). |
| 358 | (b) Triennial updates to the Florida Building Code |
| 359 | pursuant to s. 553.73(7)(a). |
| 360 | (c) Triennial updates to the Florida Fire Prevention Code |
| 361 | pursuant to s. 633.0215(1). |
| 362 | (5) This section does not apply to the adoption of |
| 363 | emergency rules pursuant to s. 120.54(4). |
| 364 | Section 3. Section 120.547, Florida Statutes, is created |
| 365 | to read: |
| 366 | 120.547 Summary procedure for rule repeal during inaugural |
| 367 | period.- |
| 368 | (1) LEGISLATIVE FINDINGS.-The Legislature finds that the |
| 369 | formal process for repealing rules as required under s. |
| 370 | 120.54(3)(d)5. may unnecessarily delay efforts for statewide |
| 371 | elected executive officers to review and revise the programs and |
| 372 | policies within their respective individual or collective |
| 373 | jurisdiction at the commencement of their elective terms. |
| 374 | Accordingly, the Legislature finds a prudent, expedited process |
| 375 | providing for the summary repeal of existing rules within the |
| 376 | initial period of a statewide elected executive officer's term |
| 377 | best assists those officers in the articulation and |
| 378 | implementation of public policy. |
| 379 | (2) DEFINITIONS.-As used in this section, the term: |
| 380 | (a) "Inaugural period" means the time from the first date |
| 381 | of an elective term of the Governor, the Chief Financial |
| 382 | Officer, the Attorney General, or the Commissioner of |
| 383 | Agriculture, as provided in s. 5(a), Art. IV of the State |
| 384 | Constitution, through the last day of the month of the June next |
| 385 | following the beginning of the term. |
| 386 | (b) "Statewide elected executive officer" means the |
| 387 | Governor, the Chief Financial Officer, the Attorney General, or |
| 388 | the Commissioner of Agriculture. |
| 389 | (3) AGENCIES AFFECTED.-Exclusively during the inaugural |
| 390 | period, the statewide elected executive officers are authorized |
| 391 | to direct the repeal of rules using the summary procedure |
| 392 | provided in this section for the following agencies: |
| 393 | (a) Each agency under the exclusive authority of the |
| 394 | individual statewide elected executive officer. |
| 395 | (b) Each agency under the collective authority of two or |
| 396 | more statewide elected executive officers but not the entire |
| 397 | Cabinet. |
| 398 | (c) Each agency under the exclusive authority of the |
| 399 | Cabinet. |
| 400 | (4) NOTICE OF REPEAL.-The statewide elected executive |
| 401 | officer, the statewide elected executive officers acting |
| 402 | collectively, or the Cabinet shall direct the repeal of rules |
| 403 | pursuant to this section by each agency under their exclusive |
| 404 | authority as follows: |
| 405 | (a) For each rule or part of a rule to be repealed under |
| 406 | this section, the statewide elected executive officer, the |
| 407 | statewide elected executive officers acting collectively, or the |
| 408 | Cabinet shall make a written finding containing the following: |
| 409 | 1. The number, title, and each specific subdivision of the |
| 410 | rule to be repealed entirely or in part. |
| 411 | 2. The agency that adopted the rule. |
| 412 | 3. The basis for repeal, which includes, but is not |
| 413 | limited to, the following: |
| 414 | a. The rule is obsolete or no longer necessary; |
| 415 | b. The substantive law that the rule implements or |
| 416 | interprets in compliance with s. 120.536(1) was amended or |
| 417 | repealed; or |
| 418 | c. The rule conflicts with programs or policies that the |
| 419 | statewide elected executive officer, the statewide elected |
| 420 | executive officers acting collectively, or the Cabinet have |
| 421 | implemented or are in the process of implementing. |
| 422 | 4. The name, title, address, and e-mail address of the |
| 423 | person designated by the statewide elected executive officer, |
| 424 | the statewide elected executive officers acting collectively, or |
| 425 | the Cabinet solely to receive inquiries, correspondence, |
| 426 | petitions, or notices in response to the proposed repeal. |
| 427 | 5. The date on which the rule or part of the rule is |
| 428 | repealed and is no longer in force or effect. |
| 429 | (b) The adopting agency shall publish notice of the |
| 430 | written finding directing repeal of the rule or part of the rule |
| 431 | on the agency's Internet website, including in such notice the |
| 432 | date of first publication, and shall also publish the notice and |
| 433 | written finding, including the Internet website on which the |
| 434 | notice was first published, in the Florida Administrative Weekly |
| 435 | that is first available after the date the written finding is |
| 436 | executed by the statewide elected executive officer, statewide |
| 437 | elected executive officers acting collectively, or Cabinet. |
| 438 | (c) Repeal of a rule or part of a rule under this section |
| 439 | shall be effective no earlier than 15 days after the date the |
| 440 | notice of repeal is published on the agency's Internet website. |
| 441 | (5) OBJECTION TO REPEAL.-A substantially affected person |
| 442 | may object to the repeal of a rule or part of a rule under this |
| 443 | section as follows: |
| 444 | (a) No later than 14 days after the date the notice of |
| 445 | repeal is published on the agency's Internet website, the person |
| 446 | must file with the individual designated in subparagraph |
| 447 | (4)(a)4. a written objection to repeal stating: |
| 448 | 1. The name, address, telephone number, and e-mail address |
| 449 | of the person opposing the repeal. |
| 450 | 2. The facts and law on which the person objects to the |
| 451 | noticed repeal. |
| 452 | (b) Failure to file an objection in the time and manner |
| 453 | provided in this subsection constitutes a full and complete |
| 454 | waiver of the objection, an affirmative assent to the proposed |
| 455 | repeal, and a full and complete waiver of judicial review under |
| 456 | s. 120.68. |
| 457 | (c) If an objection is timely filed, the repeal is not |
| 458 | effective until the statewide elected executive officer, the |
| 459 | statewide elected executive officers acting collectively, or the |
| 460 | Cabinet, as applicable, overrules the objection in writing and |
| 461 | notice of that disposition is published in the manner provided |
| 462 | in paragraph (4)(b). |
| 463 | (6) NONAPPLICABLE SECTIONS.-Sections 120.54, 120.541, |
| 464 | 120.56, 120.569, 120.57, 120.573, 120.574, and 120.69 are not |
| 465 | applicable to the repeal of rules under this section. |
| 466 | (7) JUDICIAL REVIEW.-A substantially affected party whose |
| 467 | timely written objection to the proposed repeal is overruled by |
| 468 | the statewide elected executive officer, the statewide elected |
| 469 | executive officers acting collectively, or the Cabinet may seek |
| 470 | judicial review of that decision under s. 120.68, as modified by |
| 471 | the following: |
| 472 | (a) Notwithstanding any other statute, the First District |
| 473 | Court of Appeal has exclusive jurisdiction of any petition for |
| 474 | judicial review of the repeal of rules under this section. |
| 475 | (b) A petition for judicial review may be brought only |
| 476 | against the agency that adopted the rule and not against the |
| 477 | statewide elected executive officer, the statewide elected |
| 478 | executive officers acting collectively, or the Cabinet. |
| 479 | (c) The record for review shall be comprised solely of the |
| 480 | written finding of repeal, the written objection, and the |
| 481 | written disposition of the objection. |
| 482 | (8) NONDELEGABLE AUTHORITY.-The authority to determine and |
| 483 | direct the repeal of agency rules under this section, other than |
| 484 | the receipt of inquiries, correspondence, petitions, or notices |
| 485 | in response to a proposed repeal, shall be exercised exclusively |
| 486 | by the statewide elected executive officer, the statewide |
| 487 | elected executive officers acting collectively, or the Cabinet |
| 488 | having exclusive authority over the subject agency and may not |
| 489 | be delegated to any other person. |
| 490 | Section 4. Paragraph (a) of subsection (2) of section |
| 491 | 120.56, Florida Statutes, as amended by chapter 2010-279, Laws |
| 492 | of Florida, is amended to read: |
| 493 | 120.56 Challenges to rules.- |
| 494 | (2) CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.- |
| 495 | (a) A substantially affected person may seek an |
| 496 | administrative determination of the invalidity of a proposed |
| 497 | rule by filing a petition seeking such a determination with the |
| 498 | division within 21 days after the date of publication of the |
| 499 | notice required by s. 120.54(3)(a); within 10 days after the |
| 500 | final public hearing is held on the proposed rule as provided by |
| 501 | s. 120.54(3)(e)2.; within 20 44 days after the statement of |
| 502 | estimated regulatory costs or revised statement of estimated |
| 503 | regulatory costs, if applicable, has been prepared and made |
| 504 | available as provided in s. 120.541(1)(d); or within 20 days |
| 505 | after the date of publication of the notice required by s. |
| 506 | 120.54(3)(d). The petition must state with particularity the |
| 507 | objections to the proposed rule and the reasons that the |
| 508 | proposed rule is an invalid exercise of delegated legislative |
| 509 | authority. The petitioner has the burden of going forward. The |
| 510 | agency then has the burden to prove by a preponderance of the |
| 511 | evidence that the proposed rule is not an invalid exercise of |
| 512 | delegated legislative authority as to the objections raised. A |
| 513 | person who is substantially affected by a change in the proposed |
| 514 | rule may seek a determination of the validity of such change. A |
| 515 | person who is not substantially affected by the proposed rule as |
| 516 | initially noticed, but who is substantially affected by the rule |
| 517 | as a result of a change, may challenge any provision of the rule |
| 518 | and is not limited to challenging the change to the proposed |
| 519 | rule. |
| 520 | Section 5. This act shall take effect upon becoming a law. |