CS for CS/CS/HB 993 & HB 7239

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; providing for
6withdrawal of an adopted rule that is not ratified by the
7Legislature; clarifying that certain proposed rules are
8effective only when ratified by the Legislature; amending
9s. 120.541, F.S.; reducing the time before an agency files
10a rule for adoption within which the agency must notify
11the person who submitted a lower cost alternative and the
12Administrative Procedures Committee; excluding rules
13adopting federal standards and emergency rulemaking from
14certain provisions; amending s. 120.56, F.S.; reducing the
15time in which a substantially affected person may seek an
16administrative determination of the invalidity of a rule
17after the statement or revised statement of estimated
18regulatory costs is available; amending s. 120.74, F.S.;
19providing for agency reporting of certain annual
20regulatory plans; providing for certain omissions and
21suspensions of reports; creating s. 120.745, F.S.;
22providing for legislative review of agency rules in effect
23on or before November 16, 2010; providing definitions;
24requiring that each agency complete an enhanced biennial
25review of its existing rules; requiring a report of the
26enhanced biennial review; providing specifications for the
27report; providing for objections and the agency's
28response; requiring the performance of a compliance
29economic review and report under certain circumstances;
30providing specifications for the review; providing
31specifications for publishing the final report of the
32agency's review; requiring that an agency publish notices,
33determinations, and reports in a specified format;
34requiring the Department of State to publish certain
35notices in the Florida Administrative Weekly; providing
36specifications; providing for future review and repeal;
37providing for suspension of rulemaking authority for
38failure to comply with the certification requirements of
39the section; providing for an exemption from certain
40requirements; creating s. 120.7455, F.S.; providing that
41the Legislature may establish and maintain an Internet-
42based public survey of regulatory impacts; providing input
43details; providing that legislative leaders may certify in
44writing to certain individuals the establishment and
45identity of any such Internet-based survey; providing
46immunities from enforcement action or prosecution
47involving information solicited through the survey;
48providing protections from retaliatory enforcement
49actions; clarifying that the legal status of a rule that
50has been determined to be invalid is not changed by the
51amendment or creation of specified provisions by the act;
52amending s. 120.80, F.S.; exempting the adoption of
53certain amendments and the triennial updates to the
54Florida Building Code from required legislative
55ratification; exempting the adoption of certain amendments
56and the triennial updates to the Florida Fire Prevention
57Code from required legislative ratification; exempting the
58adoption of rules adjusting rates of certain
59transportation and expressway tolls from the preparation
60of a statement of estimated regulatory costs and from
61submission for legislative ratification; amending s.
62120.81, F.S.; excluding the adoption of rules under
63chapter 2011-1, Laws of Florida, the Student Success Act,
64from the preparation of a statement of estimated
65regulatory costs and from submission for legislative
66ratification; providing an effective date.
68Be It Enacted by the Legislature of the State of Florida:
70     Section 1.  Paragraphs (a), (d), and (e) of subsection (3)
71of section 120.54, Florida Statutes, as amended by chapter 2010-
72279, Laws of Florida, are amended to read:
73     120.54  Rulemaking.-
75     (a)  Notices.-
76     1.  Prior to the adoption, amendment, or repeal of any rule
77other than an emergency rule, an agency, upon approval of the
78agency head, shall give notice of its intended action, setting
79forth a short, plain explanation of the purpose and effect of
80the proposed action; the full text of the proposed rule or
81amendment and a summary thereof; a reference to the grant of
82rulemaking authority pursuant to which the rule is adopted; and
83a reference to the section or subsection of the Florida Statutes
84or the Laws of Florida being implemented or interpreted. The
85notice must include a summary of the agency's statement of the
86estimated regulatory costs, if one has been prepared, based on
87the factors set forth in s. 120.541(2);, and a statement that
88any person who wishes to provide the agency with information
89regarding the statement of estimated regulatory costs, or to
90provide a proposal for a lower cost regulatory alternative as
91provided by s. 120.541(1), must do so in writing within 21 days
92after publication of the notice; and a statement as to whether,
93based on the statement of the estimated regulatory costs or
94other information expressly relied upon and described by the
95agency if no statement of regulatory costs is required, the
96proposed rule is expected to require legislative ratification
97pursuant to s. 120.541(3). The notice must state the procedure
98for requesting a public hearing on the proposed rule. Except
99when the intended action is the repeal of a rule, the notice
100must include a reference both to the date on which and to the
101place where the notice of rule development that is required by
102subsection (2) appeared.
103     2.  The notice shall be published in the Florida
104Administrative Weekly not less than 28 days prior to the
105intended action. The proposed rule shall be available for
106inspection and copying by the public at the time of the
107publication of notice.
108     3.  The notice shall be mailed to all persons named in the
109proposed rule and to all persons who, at least 14 days prior to
110such mailing, have made requests of the agency for advance
111notice of its proceedings. The agency shall also give such
112notice as is prescribed by rule to those particular classes of
113persons to whom the intended action is directed.
114     4.  The adopting agency shall file with the committee, at
115least 21 days prior to the proposed adoption date, a copy of
116each rule it proposes to adopt; a copy of any material
117incorporated by reference in the rule; a detailed written
118statement of the facts and circumstances justifying the proposed
119rule; a copy of any statement of estimated regulatory costs that
120has been prepared pursuant to s. 120.541; a statement of the
121extent to which the proposed rule relates to federal standards
122or rules on the same subject; and the notice required by
123subparagraph 1.
124     (d)  Modification or withdrawal of proposed rules.-
125     1.  After the final public hearing on the proposed rule, or
126after the time for requesting a hearing has expired, if the rule
127has not been changed from the rule as previously filed with the
128committee, or contains only technical changes, the adopting
129agency shall file a notice to that effect with the committee at
130least 7 days prior to filing the rule for adoption. Any change,
131other than a technical change that does not affect the substance
132of the rule, must be supported by the record of public hearings
133held on the rule, must be in response to written material
134submitted to the agency within 21 days after the date of
135publication of the notice of intended agency action or submitted
136to the agency between the date of publication of the notice and
137the end of the final public hearing, or must be in response to a
138proposed objection by the committee. In addition, when any
139change is made in a proposed rule, other than a technical
140change, the adopting agency shall provide a copy of a notice of
141change by certified mail or actual delivery to any person who
142requests it in writing no later than 21 days after the notice
143required in paragraph (a). The agency shall file the notice of
144change with the committee, along with the reasons for the
145change, and provide the notice of change to persons requesting
146it, at least 21 days prior to filing the rule for adoption. The
147notice of change shall be published in the Florida
148Administrative Weekly at least 21 days prior to filing the rule
149for adoption. This subparagraph does not apply to emergency
150rules adopted pursuant to subsection (4).
151     2.  After the notice required by paragraph (a) and prior to
152adoption, the agency may withdraw the rule in whole or in part.
153     3.  After adoption and before the rule becomes effective
154date, a rule may be modified or withdrawn only in the following
156     a.  When the committee objects to the rule;
157     b.  When a final order, which is not subject to further
158appeal, is entered in a rule challenge brought pursuant to s.
159120.56 after the date of adoption but before the rule becomes
160effective pursuant to subparagraph (e)6.;
161     c.  If the rule requires ratification, when more than 90
162days have passed since the rule was filed for adoption without
163the Legislature ratifying the rule, in which case the rule may
164be withdrawn but may not be modified; or
165     d.  response to an objection by the committee or may be
166modified to extend the effective date by not more than 60 days
167When the committee notifies has notified the agency that an
168objection to the rule is being considered, in which case the
169rule may be modified to extend the effective date by not more
170than 60 days.
171     4.  The agency shall give notice of its decision to
172withdraw or modify a rule in the first available issue of the
173publication in which the original notice of rulemaking was
174published, shall notify those persons described in subparagraph
175(a)3. in accordance with the requirements of that subparagraph,
176and shall notify the Department of State if the rule is required
177to be filed with the Department of State.
178     5.  After a rule has become effective, it may be repealed
179or amended only through the rulemaking procedures specified in
180this chapter.
181     (e)  Filing for final adoption; effective date.-
182     1.  If the adopting agency is required to publish its rules
183in the Florida Administrative Code, the agency, upon approval of
184the agency head, shall file with the Department of State three
185certified copies of the rule it proposes to adopt; one copy of
186any material incorporated by reference in the rule, certified by
187the agency; a summary of the rule; a summary of any hearings
188held on the rule; and a detailed written statement of the facts
189and circumstances justifying the rule. Agencies not required to
190publish their rules in the Florida Administrative Code shall
191file one certified copy of the proposed rule, and the other
192material required by this subparagraph, in the office of the
193agency head, and such rules shall be open to the public.
194     2.  A rule may not be filed for adoption less than 28 days
195or more than 90 days after the notice required by paragraph (a),
196until 21 days after the notice of change required by paragraph
197(d), until 14 days after the final public hearing, until 21 days
198after a statement of estimated regulatory costs required under
199s. 120.541 has been provided to all persons who submitted a
200lower cost regulatory alternative and made available to the
201public, or until the administrative law judge has rendered a
202decision under s. 120.56(2), whichever applies. When a required
203notice of change is published prior to the expiration of the
204time to file the rule for adoption, the period during which a
205rule must be filed for adoption is extended to 45 days after the
206date of publication. If notice of a public hearing is published
207prior to the expiration of the time to file the rule for
208adoption, the period during which a rule must be filed for
209adoption is extended to 45 days after adjournment of the final
210hearing on the rule, 21 days after receipt of all material
211authorized to be submitted at the hearing, or 21 days after
212receipt of the transcript, if one is made, whichever is latest.
213The term "public hearing" includes any public meeting held by
214any agency at which the rule is considered. If a petition for an
215administrative determination under s. 120.56(2) is filed, the
216period during which a rule must be filed for adoption is
217extended to 60 days after the administrative law judge files the
218final order with the clerk or until 60 days after subsequent
219judicial review is complete.
220     3.  At the time a rule is filed, the agency shall certify
221that the time limitations prescribed by this paragraph have been
222complied with, that all statutory rulemaking requirements have
223been met, and that there is no administrative determination
224pending on the rule.
225     4.  At the time a rule is filed, the committee shall
226certify whether the agency has responded in writing to all
227material and timely written comments or written inquiries made
228on behalf of the committee. The department shall reject any rule
229that is not filed within the prescribed time limits; that does
230not comply with all statutory rulemaking requirements and rules
231of the department; upon which an agency has not responded in
232writing to all material and timely written inquiries or written
233comments; upon which an administrative determination is pending;
234or which does not include a statement of estimated regulatory
235costs, if required.
236     5.  If a rule has not been adopted within the time limits
237imposed by this paragraph or has not been adopted in compliance
238with all statutory rulemaking requirements, the agency proposing
239the rule shall withdraw the rule and give notice of its action
240in the next available issue of the Florida Administrative
242     6.  The proposed rule shall be adopted on being filed with
243the Department of State and become effective 20 days after being
244filed, on a later date specified in the notice required by
245subparagraph (a)1., or on a date required by statute, or upon
246ratification by the Legislature pursuant to s. 120.541(3). Rules
247not required to be filed with the Department of State shall
248become effective when adopted by the agency head, or on a later
249date specified by rule or statute, or upon ratification by the
250Legislature pursuant to s. 120.541(3). If the committee notifies
251an agency that an objection to a rule is being considered, the
252agency may postpone the adoption of the rule to accommodate
253review of the rule by the committee. When an agency postpones
254adoption of a rule to accommodate review by the committee, the
25590-day period for filing the rule is tolled until the committee
256notifies the agency that it has completed its review of the
259For the purposes of this paragraph, the term "administrative
260determination" does not include subsequent judicial review.
261     Section 2.  Paragraph (d) of subsection (1) and subsection
262(4) of section 120.541, Florida Statutes, as amended by chapter
2632010-279, Laws of Florida, are amended to read:
264     120.541  Statement of estimated regulatory costs.-
265     (1)
266     (d)  At least 21 45 days before filing the rule for
267adoption, an agency that is required to revise a statement of
268estimated regulatory costs shall provide the statement to the
269person who submitted the lower cost regulatory alternative and
270to the committee and shall provide notice on the agency's
271website that it is available to the public.
272     (4)  This section Paragraph (2)(a) does not apply to the
273adoption of emergency rules pursuant to s. 120.54(4) or the
274adoption of federal standards pursuant to s. 120.54(6).
275     Section 3.  Paragraph (a) of subsection (2) of section
276120.56, Florida Statutes, as amended by chapter 2010-279, Laws
277of Florida, is amended to read:
278     120.56  Challenges to rules.-
280     (a)  A substantially affected person may seek an
281administrative determination of the invalidity of a proposed
282rule by filing a petition seeking such a determination with the
283division within 21 days after the date of publication of the
284notice required by s. 120.54(3)(a); within 10 days after the
285final public hearing is held on the proposed rule as provided by
286s. 120.54(3)(e)2.; within 20 44 days after the statement of
287estimated regulatory costs or revised statement of estimated
288regulatory costs, if applicable, has been prepared and made
289available as provided in s. 120.541(1)(d); or within 20 days
290after the date of publication of the notice required by s.
291120.54(3)(d). The petition must state with particularity the
292objections to the proposed rule and the reasons that the
293proposed rule is an invalid exercise of delegated legislative
294authority. The petitioner has the burden of going forward. The
295agency then has the burden to prove by a preponderance of the
296evidence that the proposed rule is not an invalid exercise of
297delegated legislative authority as to the objections raised. A
298person who is substantially affected by a change in the proposed
299rule may seek a determination of the validity of such change. A
300person who is not substantially affected by the proposed rule as
301initially noticed, but who is substantially affected by the rule
302as a result of a change, may challenge any provision of the rule
303and is not limited to challenging the change to the proposed
305     Section 4.  Subsections (3) and (4) are added to section
306120.74, Florida Statutes, to read:
307     120.74  Agency review, revision, and report.-
308     (3)  Beginning in 2012, and no later than July 1 of each
309year, each agency shall file with the President of the Senate,
310the Speaker of the House of Representatives, and the committee a
311regulatory plan identifying and describing each rule the agency
312proposes to adopt for the 12-month period beginning on the July
3131 reporting date and ending on the subsequent June 30, excluding
314emergency rules.
315     (4)  For the year 2011, the certification required in
316subsection (2) may omit any information included in the reports
317provided under s. 120.745. Reporting under subsections (1) and
318(2) shall be suspended for the year 2013, but required reporting
319under those subsections shall resume in 2015 and biennially
321     Section 5.  Section 120.745, Florida Statutes, is created
322to read:
323     120.745  Legislative review of agency rules in effect on or
324before November 16, 2010.-
325     (1)  DEFINITIONS.-The following definitions apply
326exclusively to this section:
327     (a)  "Agency" has the same meaning and application as
328provided in s. 120.52(1), but for the purposes of this section
329excludes each officer and governmental entity in the state with
330jurisdiction in one county or less than one county.
331     (b)  "Compliance economic review" means a good faith
332economic analysis that includes and presents the following
333information pertaining to a particular rule:
334     1.  A justification for the rule summarizing the benefits
335of the rule; and
336     2.  A statement of estimated regulatory costs as described
337in s. 120.541(2); however:
338     a.  The applicable period for the economic analysis shall
339be 5 years beginning on July 1, 2011;
340     b.  For the analysis required in s. 120.541(2)(a)3., the
341estimated regulatory costs over the 5-year period shall be used
342instead of the likely increase in regulatory costs after
343implementation; and
344     c.  An explanation of the methodology used to conduct the
345analysis must be provided. A technical methodology need not be
346used to develop the statement of estimated regulatory costs, if
347the agency uses routine regulatory communications or its
348Internet website to reasonably survey regulated entities,
349political subdivisions, and local governments and makes good
350faith estimates of regulatory costs in conformity with
351recommendations from the Office of Fiscal Accountability and
352Regulatory Reform ("OFARR"), or from one or more legislative
353offices if requested by the agency and such request is approved
354by the President of the Senate and the Speaker of the House of
356     (c)  "Data collection rules" means those rules requiring
357the submission of data to the agency from external sources,
358including, but not limited to, local governments, service
359providers, clients, licensees, regulated entities, other
360constituents, and market participants.
361     (d)  "Revenue rules" means those rules fixing amounts or
362providing for the collection of money.
363     (e)  "Rule" has the same general meaning and application as
364provided in s. 120.52(16), but for purposes of this section may
365include only those rules for which publication in the Florida
366Administrative Code is required pursuant to s. 120.55(1). As
367used in this section, the term "rule" means each entire
368statement and all subparts published under a complete title,
369chapter, and decimal rule number in the Florida Administrative
370Code in compliance with Florida Administrative Code Rule 1B-
372     (2)  ENHANCED BIENNIAL REVIEW.-By December 1, 2011, each
373agency shall complete an enhanced biennial review of the
374agency's existing rules, which shall include, but is not limited
376     (a)  Conduct of the review and submission of the report
377required by s. 120.74 and an explanation of how the agency has
378accomplished the requirements of s. 120.74(1). This paragraph
379extends the October 1 deadline provided in s. 120.74(2) for the
380year 2011.
381     (b)  Review of each rule to determine whether the rule has
382been reviewed by OFARR pursuant to the Governor's Executive
383Order 2011-01.
384     (c)  Review of each rule to determine whether the rule is a
385revenue rule, to identify the statute or statutes authorizing
386the collection of any revenue, to identify the fund or account
387into which revenue collections are deposited, and, for each
388revenue rule, to determine whether the rule authorizes, imposes,
389or implements:
390     1.  Registration, license, or inspection fees.
391     2.  Transportation service tolls for road, bridge, rail,
392air, waterway, or port access.
393     3.  Fees for a specific service or purpose not included in
394subparagraph 1. or subparagraph 2.
395     4.  Fines, penalties, costs, or attorney fees.
396     5.  Any tax.
397     6.  Any other amounts collected that are not covered under
398subparagraphs 1.-5.
399     (d)  Review of each rule to determine whether the rule is a
400data collection rule, providing the following information for
401each rule determined to be a data collection rule:
402     1.  The statute or statutes authorizing the collection of
403such data.
404     2.  The purposes for which the agency uses the data and any
405purpose for which the data is used by others.
406     3.  The policies supporting the reporting and retention of
407the data.
408     4.  Whether and to what extent the data is exempt from
409public inspection under chapter 119.
410     (e)  Identification of each entire rule the agency plans to
411repeal and, if so, the estimated timetable for repeal.
412     (f)  Identification of each entire rule or subpart of a
413rule the agency plans to amend to substantially reduce the
414economic impact and the estimated timetable for amendment.
415     (g)  Identification of each rule for which the agency will
416be required to prepare a compliance economic review, to include
417each entire rule that:
418     1.  The agency does not plan to repeal on or before
419December 31, 2012;
420     2.  Was effective on or before November 16, 2010; and
421     3.  Probably will have any of the economic impacts
422described in s. 120.541(2)(a), for 5 years beginning on July 1,
4232011, excluding in such estimation any part or subpart
424identified for amendment under paragraph (e).
425     (h)  Listing of all rules identified for compliance
426economic review in paragraph (f), divided into two approximately
427equal groups, identified as "Group 1" and "Group 2." Such
428division shall be made at the agency's discretion.
429     (i)  Written certification of the agency head to the
430committee verifying the completion of the report for all rules
431of the agency, including each separate part or subsection. The
432duty to certify completion of the report is the responsibility
433solely of the agency head as defined in s. 120.52(3) and may not
434be delegated to any other person. If the defined agency head is
435a collegial body, the written certification must be prepared by
436the chair or equivalent presiding officer of that body.
437     (3)  PUBLICATION OF REPORT.-No later than December 1, 2011,
438each agency shall publish, in the manner provided in subsection
439(7), a report of the entire enhanced biennial review pursuant to
440subsection (2), including the results of the review; a complete
441list of all rules the agency has placed in Group 1 or Group 2;
442the name, physical address, fax number, and e-mail address for
443the person the agency has designated to receive all inquiries,
444public comments, and objections pertaining to the report; and
445the certification of the agency head pursuant to paragraph
446(2)(i). The report of results shall summarize certain
447information required in subsection (2) in a table consisting of
448the following columns:
449     (a)  Column 1: Agency name.
450     (b)  Column 2: F.A.C. rule number, with subcolumns
452     1.  Column 2a: F.A.C. title and any subtitle or chapter
453designation; and
454     2.  Column 2b: F.A.C. number, excluding title and subtitle
455or chapter designation.
456     (c)  Column 3: OFARR reviewed rule under Executive Order
4572011-01. Entries should be "Y" or "N."
458     (d)  Column 4: Revenue rule/fund or account with subcolumns
460     1.  Column 4a: Licensure fees.
461     2.  Column 4b: Transportation tolls.
462     3.  Column 4c: Other fees.
463     4.  Column 4d: Fines.
464     5.  Column 4e: Tax.
465     6.  Column 4f: Other revenue.
467Entries should be "N" or the identification of the fund or
468account where receipts are deposited and provide notes
469indicating the statutory authority for revenue collection.
470     (e)  Column 5: Data collection rule. Entries should be "Y"
471or "N." If "Y," provide notes supplying the information required
472in paragraph (2)(d).
473     (f)  Column 6: Repeal. Entries should be "Y" or "N" for the
474entire rule. If "Y," provide notes estimating the timetable for
476     (g)  Column 7: Amend. Entries should be "Y" or "N," based
477on the response required in paragraph (2)(f), and provide notes
478identifying each specific subpart that will be amended and
479estimating the timetable for amendment.
480     (h)  Column 8: Effective on or before 11/16/2010. Entries
481should be "Y" or "N."
482     (i)  Column 9: Section 120.541(2)(a) impacts. Entries
483should be "NA" if Column 8 is "N" or, if Column 6 is "Y," "NP"
484for not probable, based on the response required in subparagraph
485(2)(f)3., or "1" or "2," reflecting the group number assigned by
486the division required in paragraph (2)(h).
488OBJECTIONS.-Public input on reports required in subsection (3)
489may be provided by stating an objection to the information
490required in paragraphs (2)(b), (c), (d), and (g) and identifying
491the entire rule or any subpart to which the objection relates,
492and shall be submitted in writing or electronically to the
493person designated in the report.
494     (a)  An objection under this subsection to a report that an
495entire rule or any subpart probably will not have, for 5 years
496beginning on July 1, 2011, any of the economic impacts described
497in s. 120.541(2)(a), must include allegations of fact upon which
498the objection is based, stating the precise information upon
499which a contrary evaluation of probable impact may be made.
500Allegations of fact related to other objections may be included.
501     (b)  Objections may be submitted by any interested person
502no later than June 1, 2012.
503     (c)  The agency shall determine whether to sustain an
504objection based upon the information provided with the objection
505and whether any further review of information available to the
506agency is necessary to correct its report.
507     (d)  No later than 20 days after the date an objection is
508submitted, the agency shall publish its determination of the
509objection in the manner provided in subsection (7).
510     (e)  The agency's determination with respect to an
511objection is final but not a final agency action subject to
512further proceedings, hearing, or judicial review.
513     (f)  If the agency sustains an objection, it shall amend
514its report within 10 days after the determination. The amended
515report shall indicate that a change has been made, the date of
516the last change, and identify the amended portions. The agency
517shall publish notice of the amendment in the manner provided in
518subsection (7).
519     (g)  On or before July 1, 2012, the agency shall deliver a
520written certification of the agency head or designee to the
521committee verifying the completion of determinations of all
522objections under this subsection and of any report amendments
523required under paragraph (f). The certification shall be
524published as an addendum to the report required in subsection
525(3). Notice of the certification shall be published in the
526manner provided in subsection (7).
528REPORT.-Each agency shall perform a compliance economic review
529and report for all rules, including separate reviews of
530subparts, listed under Group 1 "Group 1 rules" or Group 2 "Group
5312 rules" pursuant to subparagraph (2)(g)3. Group 1 rules shall
532be reviewed and reported on in 2012, and Group 2 rules shall be
533reviewed and reported on in 2013.
534     (a)  No later than May 1, each agency shall:
535     1.  Complete a compliance economic review for each entire
536rule or subpart in the appropriate group.
537     2.  File the written certification of the agency head with
538the committee verifying the completion of each compliance
539economic review required for the respective year. The
540certification shall be dated and published as an addendum to the
541report required in subsection (3). The duty to certify
542completion of the required compliance economic reviews is the
543responsibility solely of the agency head as defined in s.
544120.52(3) and may not be delegated to any other person. If the
545defined agency head is a collegial body, the written
546certification must be prepared by the chair or equivalent
547presiding officer of that body.
548     3.  Publish a copy of the compliance economic review,
549directions on how and when interested parties may submit lower
550cost regulatory alternatives to the agency, and the date the
551notice is published in the manner provided in subsection (7).
552     4.  Publish notice of the publications required in
553subparagraphs 2. and 3. in the manner provided in subsection
555     5.  Submit each compliance economic review to the Small
556Business Regulatory Advisory Council for its review.
557     (b)  Any agency rule, including subparts, reviewed pursuant
558to Executive Order 2011-01 are exempt from the compliance
559economic review if the review found that the rule:
560     1.  Does not unnecessarily restrict entry into a profession
561or occupation;
562     2.  Does not adversely affect the availability of
563professional or occupational services to the public;
564     3.  Does not unreasonably affect job creation or job
566     4.  Does not place unreasonable restrictions on individuals
567attempting to find employment;
568     5.  Does not impose burdensome costs on businesses; or
569     6.  Is justifiable when the overall cost-effectiveness and
570economic impact of the regulation, including indirect costs to
571consumers, is considered.
572     (c)  No later than August 1, the Small Business Regulatory
573Advisory Council may submit lower cost regulatory alternatives
574to any rule to the agency that adopted the rule. No later than
575June 15, other interested parties may submit lower cost
576regulatory alternatives to any rule.
577     (d)  No later than December 1, each agency shall publish a
578final report of the agency's review under this subsection in the
579manner provided in subsection (7). For each rule the report
580shall include:
581     1.  The text of the rule.
582     2.  The compliance economic review for the rule.
583     3.  All lower regulatory cost alternatives received by the
585     4.  The agency's written explanation for rejecting
586submitted lower regulatory cost alternatives.
587     5.  The agency's justification to repeal or amend the rule  
588or to retain the rule without amendment.
589     6.  The written certification of the agency head to the
590committee verifying the completion of the reviews and reporting
591required under this subsection for that year. The certification
592shall be dated and published as an addendum to the report
593required in subsection (3). The duty to certify completion of
594the report is the responsibility solely of the agency head as
595defined in s. 120.52(3) and may not be delegated to any other
596person. If the defined agency head is a collegial body, the
597written certification must be prepared by the chair or
598equivalent presiding officer of that body.
599     (e)  Notice of publication of the final report and
600certification shall be published in the manner provided in
601subsection (7).
602     (f)  By December 1, each agency shall begin proceedings
603under s. 120.54(3) to amend or repeal those rules so designated
604in the report under this subsection. Proceedings to repeal rules
605are exempt from the requirements for the preparation,
606consideration, or use of a statement of estimated regulatory
607costs under s. 120.54 and the provisions of s. 120.541.
608     (6)  LEGISLATIVE CONSIDERATION.-With respect to a rule
609identified for retention without amendment in the report
610required in subsection (5), the Legislature may consider
611specific legislation nullifying the rule or altering the
612statutory authority for the rule.
614REPORTS.-Agencies shall publish notices, determinations, and
615reports required under this section exclusively in the following
617     (a)  The agency shall publish each notice, determination,
618and complete report on its Internet website. If the agency does
619not have an Internet website, the information shall be published
620on the committee's Internet website using
621www.japc.state.fl.us/[agency name]/ in place of the address of
622the agency's Internet website. The following URL formats shall
623be used:
624     1.  Reports required under subsection (3), including any
625reports amended as a result of a determination under subsection
627[Address of agency's Internet website]/2011_Rule_review/
628[Florida Administrative Code (F.A.C.) title and subtitle
629(if applicable) designation for the rules included].
630(Example: http://www.dos.state.fl.us/2011_Rule_review/1S).
631     2.  The lists of Group 1 rules and Group 2 rules, required
632under subsection (3):
633[Address of agency's Internet website]/2011_Rule_review/
635(Example: http://www.dos.state.fl.us/2011_Rule_review/
637     3.  Determinations under subsection (4):
638[Address of agency's Internet website]/2011_Rule_review/
639Objection_Determination/[F.A.C. Rule number].
640(Example: http://www.dos.state.fl.us/2011_Rule_review/
642     4.  Completed compliance economic reviews reported under
643subsection (5):
644[Address of agency's Internet website]/2011_Rule_review/
645Economic Review/[F.A.C.Rule number].
646(Example: http://www.dos.state.fl.us/2011_Rule_review/
648     5.  Final reports under paragraph (5)(d), with the
649appropriate year:
650[Address of agency's Internet website]/2011_Rule_review/
651Economic Review/[YYYY_Final_Report].
652(Example: http://www.dos.state.fl.us/2011_Rule_review/
653Economic Review/2012_Final_Report).
654     (b)1.  Each notice shall be published using the following
655URL format:
656[Address of agency's Internet website]/
660     2.  Once each week a copy of all notices published in the
661previous week on the Internet under this paragraph shall be
662delivered to the Department of State, for publication in the
663next available issue of the Florida Administrative Weekly, and a
664copy shall be delivered by electronic mail to the committee.
665     3.  Each notice shall identify the publication for which
666notice is being given and include:
667     a.  The name of the agency.
668     b.  The name, physical address, fax number, and e-mail
669address for the person designated to receive all inquiries,
670public comments, and objections pertaining to the publication
671identified in the notice.
672     c.  The particular Internet address through which the
673publication may be accessed.
674     d.  The date the notice and publication is first published
675on the agency's Internet website.
676     (c)  Publication pursuant to this section is deemed to be
677complete as of the date the notice, determination, or report is
678posted on the agency's Internet website.
680agency fails to timely file any written certification required
681in paragraph (2)(i), paragraph (4)(g), subparagraph (5)(a)2., or
682subparagraph (5)(d)6., the entire rulemaking authority delegated
683to the agency by the Legislature under any statute or law shall
684be suspended automatically as of the due date of the required
685certification and shall remain suspended until the date that the
686agency files the required certification with the committee.
687     (a)  During the period of any suspension under this
688subsection, the agency has no authority to engage in rulemaking
689under s. 120.54.
690     (b)  A suspension under this subsection does not authorize
691an agency to promulgate any statement defined as a rule under s.
693     (c)  A suspension under this subsection shall toll the time
694requirements under s. 120.54 for any rulemaking proceeding the
695agency initiated before the date of suspension, which time
696requirements shall resume on the date the agency files the
697written certification with the committee and publishes notice of
698the required certification in the manner provided in subsection
700     (d)  Failure to timely file a written certification
701required under paragraph (2)(i) tolls the time for public
702response, which period shall not begin until the date the agency
703files the written certification with the committee and publishes
704notice of the required certification in the manner provided in
705subsection (7). The period for public response shall be extended
706by the number of days equivalent to the period of suspension
707under this subsection.
708     (e)  Failure to timely file a written certification
709required under subparagraph (5)(a)2. shall toll the deadline for
710submission of lower cost regulatory alternatives for any rule or
711subpart for which a compliance economic review has not been
712timely published. The period of tolling shall be the number of
713days after May 1 until the date of the certification as
717     (a)  An agency is exempt from subsections (1)-(8) if it has
718cooperated or cooperates with OFARR in a review of the agency's
719rules in a manner consistent with Executive Order 2011-01, or
720any alternative review directed by OFARR; if the agency or OFARR
721identifies each data collection rule and each revenue rule; and
722if the information developed thereby becomes publicly available
723on the Internet by December 1, 2011. Each such agency is exempt
724from the biennial review required in s. 120.74(2) for the year
726     (b)  For each rule reviewed under this subsection, OFARR
727may identify whether the rule imposes a significant regulatory
728cost or economic impact and shall schedule and obtain or direct
729a reasonable economic estimate of such cost and impact for each
730rule so identified. A report on each such estimate shall be
731published on the Internet by December 31, 2013. On or before
732October 1, 2013, the agency head shall certify in writing to the
733committee that the agency has completed each economic estimate
734required under this paragraph and thereupon the agency is exempt
735from the biennial review required in s. 120.74(2) for the year
737     (c)  The exemption under this paragraph does not apply
738unless the agency head certifies in writing to the committee, on
739or before October 1, 2011, that the agency has chosen such
740exemption and has cooperated with OFARR in undertaking the
741review required in paragraph (a).
742     (10)  REPEAL.-This section is repealed July 1, 2014.
743     Section 6.  Section 120.7455, Florida Statutes, is created
744to read:
745     120.7455  Legislative survey of regulatory impacts.-
746     (1)  From July 1, 2011, until July 1, 2014, the Legislature
747may establish and maintain an Internet-based public survey of
748regulatory impact soliciting information from the public
749regarding the kind and degree of regulation affecting private
750activities in the state. The input may include, but need not be
751limited to:
752     (a)  The registered business name or other name of each
753reporting person.
754     (b)  The number and identity of agencies licensing,
755inspecting, registering, permitting, or otherwise regulating
756lawful activities of the reporting person.
757     (c)  The types, numbers, and nature of licenses, permits,
758and registrations required for various lawful activities of the
759reporting person.
760     (d)  The identity of local, state, and federal agencies,
761and other entities acting under color of law which regulate the
762lawful activities of the reporting person or otherwise exercise
763power to enforce laws applicable to such activities.
764     (e)  The identification and nature of each ordinance, law,
765or administrative rule or regulation deemed unreasonably
766burdensome by the reporting person.
767     (2)  The President of the Senate and the Speaker of the
768House of Representatives may certify in writing to the chair of
769the committee and to the Attorney General the establishment and
770identity of any Internet-based public survey established under
771this section.
772     (3)  Any person reporting or otherwise providing
773information solicited by the Legislature in conformity with this
774section is immune from any enforcement action or prosecution
776     (a)  Is instituted on account of, or in reliance upon, the
777fact of reporting or nonreporting of information in response to
778the Legislature's solicitation of information pursuant to this
779section; or
780     (b)  Uses information provided in response to the
781Legislature's solicitation of information pursuant to this
783     (4)  Any alleged violator against whom an enforcement
784action is brought may object to any proposed penalty in excess
785of the minimum provided by law or rule on the basis that the
786action is in retaliation for the violator providing or
787withholding any information in response to the Legislature's
788solicitation of information pursuant to this section. If the
789presiding judge determines that the enforcement action was
790motivated in whole or in part by retaliation, any penalty
791imposed is limited to the minimum penalties provided by law for
792each separate violation adjudicated.
793     Section 7.  The amendment of section 120.74, Florida
794Statutes, and the creation of sections 120.745 and 120.7455,
795Florida Statutes, by this act does not change the legal status
796of a rule that has otherwise been judicially or administratively
797determined to be invalid.
798     Section 8.  Subsection (16) of section 120.80, Florida
799Statutes, is amended, and subsections (17) and (18) are added to
800that section, to read:
801     120.80  Exceptions and special requirements; agencies.-
803     (a)  Notwithstanding the provisions of s. 120.542, the
804Florida Building Commission may not accept a petition for waiver
805or variance and may not grant any waiver or variance from the
806requirements of the Florida Building Code.
807     (b)  The Florida Building Commission shall adopt within the
808Florida Building Code criteria and procedures for alternative
809means of compliance with the code or local amendments thereto,
810for enforcement by local governments, local enforcement
811districts, or other entities authorized by law to enforce the
812Florida Building Code. Appeals from the denial of the use of
813alternative means shall be heard by the local board, if one
814exists, and may be appealed to the Florida Building Commission.
815     (c)  Notwithstanding ss. 120.565, 120.569, and 120.57, the
816Florida Building Commission and hearing officer panels appointed
817by the commission in accordance with s. 553.775(3)(c)1. may
818conduct proceedings to review decisions of local building code
819officials in accordance with s. 553.775(3)(c).
820     (d)  Section 120.541(3) does not apply to the adoption of
821amendments and the triennial update to the Florida Building Code
822expressly authorized by s. 553.73.
823     (17)  STATE FIRE MARSHAL.-Section 120.541(3) does not apply
824to the adoption of amendments and the triennial update to the
825Florida Fire Prevention Code expressly authorized by s.
827     (18)  DEPARTMENT OF TRANSPORTATION.-Sections 120.54(3)(b)
828and 120.541 do not apply to the adjustment of tolls pursuant to
829s. 338.165(3).
830     Section 9.  Paragraph (l) is added to subsection (1) of
831section 120.81, Florida Statutes, to read:
832     120.81  Exceptions and special requirements; general
834     (1)  EDUCATIONAL UNITS.-
835     (l)  Sections 120.54(3)(b) and 120.541 do not apply to the
836adoption of rules pursuant to s. 1012.22, s. 1012.27, s.
8371012.34, s. 1012.335, or s. 1012.795.
838     Section 10.  This act shall take effect upon becoming a

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