Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 718
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/23/2015           .                                

       The Committee on Appropriations (Lee) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (7) of section
    6  120.54, Florida Statutes, is amended, and paragraph (d) is added
    7  to that subsection, to read:
    8         120.54 Rulemaking.—
   10         (c) If the agency does not initiate rulemaking or otherwise
   11  comply with the requested action within 30 days after following
   12  the public hearing provided for in by paragraph (b), if the
   13  agency does not initiate rulemaking or otherwise comply with the
   14  requested action, the agency shall publish in the Florida
   15  Administrative Register a statement of its reasons for not
   16  initiating rulemaking or otherwise complying with the requested
   17  action, and of any changes it will make in the scope or
   18  application of the unadopted rule. The agency shall file the
   19  statement with the committee. The committee shall forward a copy
   20  of the statement to the substantive committee with primary
   21  oversight jurisdiction of the agency in each house of the
   22  Legislature. The committee or the committee with primary
   23  oversight jurisdiction may hold a hearing directed to the
   24  statement of the agency. The committee holding the hearing may
   25  recommend to the Legislature the introduction of legislation
   26  making the rule a statutory standard or limiting or otherwise
   27  modifying the authority of the agency.
   28         (d) If the agency initiates rulemaking after a public
   29  hearing provided for in paragraph (b), the agency shall publish
   30  a notice of rule development within 30 days after the hearing
   31  and file a notice of proposed rule within 180 days after the
   32  notice of rule development unless, before the 180th day, the
   33  agency publishes in the Florida Administrative Register a
   34  statement explaining its reasons for not having filed the
   35  notice. If rulemaking is initiated under this paragraph, the
   36  agency may not rely on the unadopted rule unless the agency
   37  publishes in the Florida Administrative Register a statement
   38  explaining why rulemaking under paragraph (1)(a) is not feasible
   39  or practicable until conclusion of the rulemaking proceeding.
   40         Section 2. Section 120.55, Florida Statutes, is amended to
   41  read:
   42         120.55 Publication.—
   43         (1) The Department of State shall:
   44         (a)1. Through a continuous revision and publication system,
   45  compile and publish electronically, on an Internet website
   46  managed by the department, the “Florida Administrative Code.”
   47  The Florida Administrative Code shall contain all rules adopted
   48  by each agency, citing the grant of rulemaking authority and the
   49  specific law implemented pursuant to which each rule was
   50  adopted, all history notes as authorized in s. 120.545(7),
   51  complete indexes to all rules contained in the code, and any
   52  other material required or authorized by law or deemed useful by
   53  the department. The electronic code shall display each rule
   54  chapter currently in effect in browse mode and allow full text
   55  search of the code and each rule chapter. The department may
   56  contract with a publishing firm for a printed publication;
   57  however, the department shall retain responsibility for the code
   58  as provided in this section. The electronic publication shall be
   59  the official compilation of the administrative rules of this
   60  state. The Department of State shall retain the copyright over
   61  the Florida Administrative Code.
   62         2. Rules general in form but applicable to only one school
   63  district, community college district, or county, or a part
   64  thereof, or state university rules relating to internal
   65  personnel or business and finance shall not be published in the
   66  Florida Administrative Code. Exclusion from publication in the
   67  Florida Administrative Code shall not affect the validity or
   68  effectiveness of such rules.
   69         3. At the beginning of the section of the code dealing with
   70  an agency that files copies of its rules with the department,
   71  the department shall publish the address and telephone number of
   72  the executive offices of each agency, the manner by which the
   73  agency indexes its rules, a listing of all rules of that agency
   74  excluded from publication in the code, and a statement as to
   75  where those rules may be inspected.
   76         4. Forms shall not be published in the Florida
   77  Administrative Code; but any form which an agency uses in its
   78  dealings with the public, along with any accompanying
   79  instructions, shall be filed with the committee before it is
   80  used. Any form or instruction which meets the definition of
   81  “rule” provided in s. 120.52 shall be incorporated by reference
   82  into the appropriate rule. The reference shall specifically
   83  state that the form is being incorporated by reference and shall
   84  include the number, title, and effective date of the form and an
   85  explanation of how the form may be obtained. Each form created
   86  by an agency which is incorporated by reference in a rule notice
   87  of which is given under s. 120.54(3)(a) after December 31, 2007,
   88  must clearly display the number, title, and effective date of
   89  the form and the number of the rule in which the form is
   90  incorporated.
   91         5. The department shall allow adopted rules and material
   92  incorporated by reference to be filed in electronic form as
   93  prescribed by department rule. When a rule is filed for adoption
   94  with incorporated material in electronic form, the department’s
   95  publication of the Florida Administrative Code on its Internet
   96  website must contain a hyperlink from the incorporating
   97  reference in the rule directly to that material. The department
   98  may not allow hyperlinks from rules in the Florida
   99  Administrative Code to any material other than that filed with
  100  and maintained by the department, but may allow hyperlinks to
  101  incorporated material maintained by the department from the
  102  adopting agency’s website or other sites.
  103         (b) Electronically publish on an Internet website managed
  104  by the department a continuous revision and publication entitled
  105  the “Florida Administrative Register,” which shall serve as the
  106  official publication and must contain:
  107         1. All notices required by s. 120.54(2) and (3)(a)
  108  120.54(3)(a), showing the text of all rules proposed for
  109  consideration.
  110         2. All notices of public meetings, hearings, and workshops
  111  conducted in accordance with s. 120.525, including a statement
  112  of the manner in which a copy of the agenda may be obtained.
  113         3. A notice of each request for authorization to amend or
  114  repeal an existing uniform rule or for the adoption of new
  115  uniform rules.
  116         4. Notice of petitions for declaratory statements or
  117  administrative determinations.
  118         5. A summary of each objection to any rule filed by the
  119  Administrative Procedures Committee.
  120         6. A list of rules filed for adoption in the previous 7
  121  days.
  122         7. A list of all rules filed for adoption pending
  123  legislative ratification under s. 120.541(3). A rule shall be
  124  taken off the list once notice of ratification or withdrawal of
  125  such rule is received.
  126         8.6. Any other material required or authorized by law or
  127  deemed useful by the department.
  129  The department may contract with a publishing firm for a printed
  130  publication of the Florida Administrative Register and make
  131  copies available on an annual subscription basis.
  132         (c) Prescribe by rule the style and form required for
  133  rules, notices, and other materials submitted for filing.
  134         (d) Charge each agency using the Florida Administrative
  135  Register a space rate to cover the costs related to the Florida
  136  Administrative Register and the Florida Administrative Code.
  137         (e) Maintain a permanent record of all notices published in
  138  the Florida Administrative Register.
  139         (2) The Florida Administrative Register Internet website
  140  must allow users to:
  141         (a) Search for notices by type, publication date, rule
  142  number, word, subject, and agency.
  143         (b) Search a database that makes available all notices
  144  published on the website for a period of at least 5 years.
  145         (c) Subscribe to an automated e-mail notification of
  146  selected notices to be sent out before or concurrently with
  147  publication of the electronic Florida Administrative Register.
  148  Such notification must include in the text of the e-mail a
  149  summary of the content of each notice.
  150         (d) View agency forms and other materials submitted to the
  151  department in electronic form and incorporated by reference in
  152  proposed rules.
  153         (e) Comment on proposed rules.
  154         (3) Publication of material required by paragraph (1)(b) on
  155  the Florida Administrative Register Internet website does not
  156  preclude publication of such material on an agency’s website or
  157  by other means.
  158         (4) Each agency shall provide copies of its rules upon
  159  request, with citations to the grant of rulemaking authority and
  160  the specific law implemented for each rule.
  161         (5) Each agency that provides an e-mail notification
  162  service to inform licensees or other registered recipients of
  163  notices shall use that service to notify recipients of each
  164  notice required under s. 120.54(2) and (3) and provide Internet
  165  links to the appropriate rule page on the Secretary of State’s
  166  website or Internet links to an agency website that contains the
  167  proposed rule or final rule.
  168         (6)(5) Any publication of a proposed rule promulgated by an
  169  agency, whether published in the Florida Administrative Register
  170  or elsewhere, shall include, along with the rule, the name of
  171  the person or persons originating such rule, the name of the
  172  agency head who approved the rule, and the date upon which the
  173  rule was approved.
  174         (7)(6) Access to the Florida Administrative Register
  175  Internet website and its contents, including the e-mail
  176  notification service, shall be free for the public.
  177         (8)(7)(a) All fees and moneys collected by the Department
  178  of State under this chapter shall be deposited in the Records
  179  Management Trust Fund for the purpose of paying for costs
  180  incurred by the department in carrying out this chapter.
  181         (b) The unencumbered balance in the Records Management
  182  Trust Fund for fees collected pursuant to this chapter may not
  183  exceed $300,000 at the beginning of each fiscal year, and any
  184  excess shall be transferred to the General Revenue Fund.
  185         Section 3. Subsection (1), paragraph (a) of subsection (2),
  186  and subsection (4) of section 120.56, Florida Statutes, are
  187  amended to read:
  188         120.56 Challenges to rules.—
  191         (a) Any person substantially affected by a rule or a
  192  proposed rule may seek an administrative determination of the
  193  invalidity of the rule on the ground that the rule is an invalid
  194  exercise of delegated legislative authority.
  195         (b) The petition challenging the validity of a proposed or
  196  adopted rule under this section seeking an administrative
  197  determination must state: with particularity
  198         1. The particular provisions alleged to be invalid and a
  199  statement with sufficient explanation of the facts or grounds
  200  for the alleged invalidity. and
  201         2. Facts sufficient to show that the petitioner person
  202  challenging a rule is substantially affected by the challenged
  203  adopted rule it, or that the person challenging a proposed rule
  204  would be substantially affected by the proposed rule it.
  205         (c) The petition shall be filed by electronic means with
  206  the division which shall, immediately upon filing, forward by
  207  electronic means copies to the agency whose rule is challenged,
  208  the Department of State, and the committee. Within 10 days after
  209  receiving the petition, the division director shall, if the
  210  petition complies with the requirements of paragraph (b), assign
  211  an administrative law judge who shall conduct a hearing within
  212  30 days thereafter, unless the petition is withdrawn or a
  213  continuance is granted by agreement of the parties or for good
  214  cause shown. Evidence of good cause includes, but is not limited
  215  to, written notice of an agency’s decision to modify or withdraw
  216  the proposed rule or a written notice from the chair of the
  217  committee stating that the committee will consider an objection
  218  to the rule at its next scheduled meeting. The failure of an
  219  agency to follow the applicable rulemaking procedures or
  220  requirements set forth in this chapter shall be presumed to be
  221  material; however, the agency may rebut this presumption by
  222  showing that the substantial interests of the petitioner and the
  223  fairness of the proceedings have not been impaired.
  224         (d) Within 30 days after the hearing, the administrative
  225  law judge shall render a decision and state the reasons therefor
  226  in writing. The division shall forthwith transmit by electronic
  227  means copies of the administrative law judge’s decision to the
  228  agency, the Department of State, and the committee.
  229         (e) Hearings held under this section shall be de novo in
  230  nature. The standard of proof shall be the preponderance of the
  231  evidence. Hearings shall be conducted in the same manner as
  232  provided by ss. 120.569 and 120.57, except that the
  233  administrative law judge’s order shall be final agency action.
  234  The petitioner and the agency whose rule is challenged shall be
  235  adverse parties. Other substantially affected persons may join
  236  the proceedings as intervenors on appropriate terms which shall
  237  not unduly delay the proceedings. Failure to proceed under this
  238  section does shall not constitute failure to exhaust
  239  administrative remedies.
  241         (a) A substantially affected person may seek an
  242  administrative determination of the invalidity of a proposed
  243  rule by filing a petition seeking such a determination with the
  244  division within 21 days after the date of publication of the
  245  notice required by s. 120.54(3)(a); within 10 days after the
  246  final public hearing is held on the proposed rule as provided by
  247  s. 120.54(3)(e)2.; within 20 days after the statement of
  248  estimated regulatory costs or revised statement of estimated
  249  regulatory costs, if applicable, has been prepared and made
  250  available as provided in s. 120.541(1)(d); or within 20 days
  251  after the date of publication of the notice required by s.
  252  120.54(3)(d). The petition must state with particularity the
  253  objections to the proposed rule and the reasons that the
  254  proposed rule is an invalid exercise of delegated legislative
  255  authority. The petitioner has the burden of going forward with
  256  evidence sufficient to support the petition. The agency then has
  257  the burden to prove by a preponderance of the evidence that the
  258  proposed rule is not an invalid exercise of delegated
  259  legislative authority as to the objections raised. A person who
  260  is substantially affected by a change in the proposed rule may
  261  seek a determination of the validity of such change. A person
  262  who is not substantially affected by the proposed rule as
  263  initially noticed, but who is substantially affected by the rule
  264  as a result of a change, may challenge any provision of the
  265  resulting proposed rule and is not limited to challenging the
  266  change to the proposed rule.
  269         (a) Any person substantially affected by an agency
  270  statement that is an unadopted rule may seek an administrative
  271  determination that the statement violates s. 120.54(1)(a). The
  272  petition shall include the text of the statement or a
  273  description of the statement and shall state with particularity
  274  facts sufficient to show that the statement constitutes an
  275  unadopted a rule under s. 120.52 and that the agency has not
  276  adopted the statement by the rulemaking procedure provided by s.
  277  120.54.
  278         (b) The administrative law judge may extend the hearing
  279  date beyond 30 days after assignment of the case for good cause.
  280  Upon notification to the administrative law judge provided
  281  before the final hearing that the agency has published a notice
  282  of rulemaking under s. 120.54(3), such notice shall
  283  automatically operate as a stay of proceedings pending adoption
  284  of the statement as a rule. The administrative law judge may
  285  vacate the stay for good cause shown. A stay of proceedings
  286  pending rulemaking shall remain in effect so long as the agency
  287  is proceeding expeditiously and in good faith to adopt the
  288  statement as a rule.
  289         (c) The petitioner has the burden of going forward with
  290  evidence sufficient to support the petition. The agency then has
  291  the burden to prove by a preponderance of the evidence that the
  292  statement does not meet the definition of an unadopted rule, the
  293  statement was adopted as a rule in compliance with s. 120.54, or
  294  If a hearing is held and the petitioner proves the allegations
  295  of the petition, the agency shall have the burden of proving
  296  that rulemaking is not feasible or not practicable under s.
  297  120.54(1)(a).
  298         (d)(c) The administrative law judge may determine whether
  299  all or part of a statement violates s. 120.54(1)(a). The
  300  decision of the administrative law judge shall constitute a
  301  final order. The division shall transmit a copy of the final
  302  order to the Department of State and the committee. The
  303  Department of State shall publish notice of the final order in
  304  the first available issue of the Florida Administrative
  305  Register.
  306         (e)(d) If an administrative law judge enters a final order
  307  that all or part of an unadopted rule agency statement violates
  308  s. 120.54(1)(a), the agency must immediately discontinue all
  309  reliance upon the unadopted rule statement or any substantially
  310  similar statement as a basis for agency action.
  311         (f)(e) If proposed rules addressing the challenged
  312  unadopted rule statement are determined to be an invalid
  313  exercise of delegated legislative authority as defined in s.
  314  120.52(8)(b)-(f), the agency must immediately discontinue
  315  reliance upon on the unadopted rule statement and any
  316  substantially similar statement until rules addressing the
  317  subject are properly adopted, and the administrative law judge
  318  shall enter a final order to that effect.
  319         (g)(f) All proceedings to determine a violation of s.
  320  120.54(1)(a) shall be brought pursuant to this subsection. A
  321  proceeding pursuant to this subsection may be consolidated with
  322  a proceeding under subsection (3) or under any other section of
  323  this chapter. This paragraph does not prevent a party whose
  324  substantial interests have been determined by an agency action
  325  from bringing a proceeding pursuant to s. 120.57(1)(e).
  326         Section 4. Paragraph (l) of subsection (2) of section
  327  120.569, Florida Statutes, is amended to read:
  328         120.569 Decisions which affect substantial interests.—
  329         (2)
  330         (l) Unless the time period is waived or extended with the
  331  consent of all parties, the final order in a proceeding which
  332  affects substantial interests must be in writing and include
  333  findings of fact, if any, and conclusions of law separately
  334  stated, and it must be rendered within 90 days:
  335         1. After the hearing is concluded, if conducted by the
  336  agency;
  337         2. After a recommended order is submitted to the agency and
  338  mailed to all parties, if the hearing is conducted by an
  339  administrative law judge, except that, at the election of the
  340  agency, the time for rendering the final order may be extended
  341  up to 10 days after entry of a mandate from any appeal following
  342  entry of a final order under s. 120.57(1)(e)4.; or
  343         3. After the agency has received the written and oral
  344  material it has authorized to be submitted, if there has been no
  345  hearing.
  346         Section 5. Paragraphs (e) and (h) of subsection (1) and
  347  subsection (2) of section 120.57, Florida Statutes, are amended
  348  to read:
  349         120.57 Additional procedures for particular cases.—
  352         (e)1. An agency or an administrative law judge may not base
  353  agency action that determines the substantial interests of a
  354  party on an unadopted rule or a rule that is an invalid exercise
  355  of delegated legislative authority. The administrative law judge
  356  shall determine whether an agency statement constitutes an
  357  unadopted rule. This subparagraph does not preclude application
  358  of valid adopted rules and applicable provisions of law to the
  359  facts.
  360         2. In a matter initiated as a result of agency action
  361  proposing to determine the substantial interests of a party, the
  362  party’s timely petition for hearing may challenge the proposed
  363  agency action based on a rule that is an invalid exercise of
  364  delegated legislative authority or based on an alleged unadopted
  365  rule. For challenges brought under this subparagraph:
  366         a. The challenge shall be pled as a defense using the
  367  procedures set forth in s. 120.56(1)(b).
  368         b. Section 120.56(3)(a) applies to a challenge alleging
  369  that a rule is an invalid exercise of delegated legislative
  370  authority.
  371         c. Section 120.56(4)(c) applies to a challenge alleging an
  372  unadopted rule.
  373         d. The agency has 15 days after the date of receipt of a
  374  challenge under this subparagraph to serve the challenging party
  375  with a notice stating whether the agency will continue to rely
  376  upon the rule or the alleged unadopted rule as a basis for the
  377  action determining the party’s substantive interests. Failure to
  378  timely serve the notice constitutes a binding stipulation that
  379  the agency shall not rely upon the rule or unadopted rule
  380  further in the proceeding. The agency shall include a copy of
  381  this notice upon referral of the matter to the division under s.
  382  120.569(2)(a).
  383         e. This subparagraph does not preclude the consolidation of
  384  any proceeding under s. 120.56 with any proceeding under this
  385  paragraph.
  386         3.2. Notwithstanding subparagraph 1., if an agency
  387  demonstrates that the statute being implemented directs it to
  388  adopt rules, that the agency has not had time to adopt those
  389  rules because the requirement was so recently enacted, and that
  390  the agency has initiated rulemaking and is proceeding
  391  expeditiously and in good faith to adopt the required rules,
  392  then the agency’s action may be based upon those unadopted rules
  393  if, subject to de novo review by the administrative law judge
  394  determines that rulemaking is neither feasible nor practicable
  395  and the unadopted rules would not constitute an invalid exercise
  396  of delegated legislative authority if adopted as rules. An
  397  unadopted rule The agency action shall not be presumed valid or
  398  invalid. The agency must demonstrate that the unadopted rule:
  399         a. Is within the powers, functions, and duties delegated by
  400  the Legislature or, if the agency is operating pursuant to
  401  authority vested in the agency by derived from the State
  402  Constitution, is within that authority;
  403         b. Does not enlarge, modify, or contravene the specific
  404  provisions of law implemented;
  405         c. Is not vague, establishes adequate standards for agency
  406  decisions, or does not vest unbridled discretion in the agency;
  407         d. Is not arbitrary or capricious. A rule is arbitrary if
  408  it is not supported by logic or the necessary facts; a rule is
  409  capricious if it is adopted without thought or reason or is
  410  irrational;
  411         e. Is not being applied to the substantially affected party
  412  without due notice; and
  413         f. Does not impose excessive regulatory costs on the
  414  regulated person, county, or city.
  415         4. If the agency timely serves notice of continued reliance
  416  upon a challenged rule or an alleged unadopted rule under sub
  417  subparagraph 2.d., the administrative law judge shall determine
  418  whether the challenged rule is an invalid exercise of delegated
  419  legislative authority or whether the challenged agency statement
  420  constitutes an unadopted rule and if that unadopted rule meets
  421  the requirements of subparagraph 3. The determination shall be
  422  rendered as a separate final order no earlier than the date on
  423  which the administrative law judge serves the recommended order.
  424         5.3. The recommended and final orders in any proceeding
  425  shall be governed by the provisions of paragraphs (k) and (l),
  426  except that the administrative law judge’s determination
  427  regarding an unadopted rule under subparagraph 4. 1. or
  428  subparagraph 2. shall be included as a conclusion of law that
  429  the agency may not reject not be rejected by the agency unless
  430  the agency first determines from a review of the complete
  431  record, and states with particularity in the order, that such
  432  determination is clearly erroneous or does not comply with
  433  essential requirements of law. In any proceeding for review
  434  under s. 120.68, if the court finds that the agency’s rejection
  435  of the determination regarding the unadopted rule does not
  436  comport with the provisions of this subparagraph, the agency
  437  action shall be set aside and the court shall award to the
  438  prevailing party the reasonable costs and a reasonable
  439  attorney’s fee for the initial proceeding and the proceeding for
  440  review.
  441         6. A petitioner may pursue a separate, collateral challenge
  442  under s. 120.56 even if an adequate remedy exists through a
  443  proceeding under this section. The administrative law judge may
  444  consolidate the proceedings.
  445         (h) Any party to a proceeding in which an administrative
  446  law judge of the Division of Administrative Hearings has final
  447  order authority may move for a summary final order when there is
  448  no genuine issue as to any material fact. A summary final order
  449  shall be rendered if the administrative law judge determines
  450  from the pleadings, depositions, answers to interrogatories, and
  451  admissions on file, together with affidavits, if any, that no
  452  genuine issue as to any material fact exists and that the moving
  453  party is entitled as a matter of law to the entry of a final
  454  order. A summary final order shall consist of findings of fact,
  455  if any, conclusions of law, a disposition or penalty, if
  456  applicable, and any other information required by law to be
  457  contained in the final order. This paragraph does not apply to
  458  proceedings authorized in paragraph (e).
  461  subsection (1) does not apply:
  462         (a) The agency shall:
  463         1. Give reasonable notice to affected persons of the action
  464  of the agency, whether proposed or already taken, or of its
  465  decision to refuse action, together with a summary of the
  466  factual, legal, and policy grounds therefor.
  467         2. Give parties or their counsel the option, at a
  468  convenient time and place, to present to the agency or hearing
  469  officer written or oral evidence in opposition to the action of
  470  the agency or to its refusal to act, or a written statement
  471  challenging the grounds upon which the agency has chosen to
  472  justify its action or inaction.
  473         3. If the objections of the parties are overruled, provide
  474  a written explanation within 7 days.
  475         (b) An agency may not base agency action that determines
  476  the substantial interests of a party on an unadopted rule or a
  477  rule that is an invalid exercise of delegated legislative
  478  authority. No later than the date provided by the agency under
  479  subparagraph (a)2. for presenting material in opposition to the
  480  agency’s proposed action or refusal to act, the party may file a
  481  petition under s. 120.56 challenging the rule, portion of rule,
  482  or unadopted rule upon which the agency bases its proposed
  483  action or refusal to act. The filing of a challenge under s.
  484  120.56 pursuant to this paragraph shall stay all proceedings on
  485  the agency’s proposed action or refusal to act until entry of
  486  the final order by the administrative law judge. The final order
  487  shall provide additional notice that the stay of the pending
  488  agency action is terminated and that any further stay pending
  489  appeal of the final order must be sought from the appellate
  490  court.
  491         (c)(b) The record shall only consist of:
  492         1. The notice and summary of grounds.
  493         2. Evidence received.
  494         3. All written statements submitted.
  495         4. Any decision overruling objections.
  496         5. All matters placed on the record after an ex parte
  497  communication.
  498         6. The official transcript.
  499         7. Any decision, opinion, order, or report by the presiding
  500  officer.
  501         Section 6. Subsections (1), (2), and (9) of section 120.68,
  502  Florida Statutes, are amended to read:
  503         120.68 Judicial review.—
  504         (1)(a) A party who is adversely affected by final agency
  505  action is entitled to judicial review.
  506         (b) A preliminary, procedural, or intermediate order of the
  507  agency or of an administrative law judge of the Division of
  508  Administrative Hearings, or a final order under s.
  509  120.57(1)(e)4., is immediately reviewable if review of the final
  510  agency decision would not provide an adequate remedy.
  511         (2)(a) Judicial review shall be sought in the appellate
  512  district where the agency maintains its headquarters or where a
  513  party resides or as otherwise provided by law.
  514         (b) All proceedings shall be instituted by filing a notice
  515  of appeal or petition for review in accordance with the Florida
  516  Rules of Appellate Procedure within 30 days after the date that
  517  rendition of the order being appealed is filed with the agency
  518  clerk. If a party receives notice of the filing of the order
  519  later than the 25th day after the filing of the order with the
  520  agency clerk, the time by which the party must file a notice of
  521  appeal or petition for review is extended for 10 days after the
  522  date that the party received the notice of the filing of the
  523  order. If the appeal is of an order rendered in a proceeding
  524  initiated under s. 120.56 or a final order under s.
  525  120.57(1)(e)4., the agency whose rule is being challenged shall
  526  transmit a copy of the notice of appeal to the committee.
  527         (c)(b) When proceedings under this chapter are consolidated
  528  for final hearing and the parties to the consolidated proceeding
  529  seek review of final or interlocutory orders in more than one
  530  district court of appeal, the courts of appeal are authorized to
  531  transfer and consolidate the review proceedings. The court may
  532  transfer such appellate proceedings on its own motion, upon
  533  motion of a party to one of the appellate proceedings, or by
  534  stipulation of the parties to the appellate proceedings. In
  535  determining whether to transfer a proceeding, the court may
  536  consider such factors as the interrelationship of the parties
  537  and the proceedings, the desirability of avoiding inconsistent
  538  results in related matters, judicial economy, and the burden on
  539  the parties of reproducing the record for use in multiple
  540  appellate courts.
  541         (9) A No petition challenging an agency rule as an invalid
  542  exercise of delegated legislative authority shall not be
  543  instituted pursuant to this section, except to review an order
  544  entered pursuant to a proceeding under s. 120.56, s.
  545  120.57(1)(e)5., or s. 120.57(2)(b) or an agency’s findings of
  546  immediate danger, necessity, and procedural fairness
  547  prerequisite to the adoption of an emergency rule pursuant to s.
  548  120.54(4), unless the sole issue presented by the petition is
  549  the constitutionality of a rule and there are no disputed issues
  550  of fact.
  551         Section 7. Section 120.695, Florida Statutes, is amended to
  552  read:
  553         120.695 Notice of noncompliance; designation of minor
  554  violation of rules.—
  555         (1) It is the policy of the state that the purpose of
  556  regulation is to protect the public by attaining compliance with
  557  the policies established by the Legislature. Fines and other
  558  penalties may be provided in order to assure compliance;
  559  however, the collection of fines and the imposition of penalties
  560  are intended to be secondary to the primary goal of attaining
  561  compliance with an agency’s rules. It is the intent of the
  562  Legislature that an agency charged with enforcing rules shall
  563  issue a notice of noncompliance as its first response to a minor
  564  violation of a rule in any instance in which it is reasonable to
  565  assume that the violator was unaware of the rule or unclear as
  566  to how to comply with it.
  567         (2)(a) Each agency shall issue a notice of noncompliance as
  568  a first response to a minor violation of a rule. A “notice of
  569  noncompliance” is a notification by the agency charged with
  570  enforcing the rule issued to the person or business subject to
  571  the rule. A notice of noncompliance may not be accompanied with
  572  a fine or other disciplinary penalty. It must identify the
  573  specific rule that is being violated, provide information on how
  574  to comply with the rule, and specify a reasonable time for the
  575  violator to comply with the rule. A rule is agency action that
  576  regulates a business, occupation, or profession, or regulates a
  577  person operating a business, occupation, or profession, and
  578  that, if not complied with, may result in a disciplinary
  579  penalty.
  580         (b) Each agency shall review all of its rules and designate
  581  those for which a violation would be a minor violation and for
  582  which a notice of noncompliance must be the first enforcement
  583  action taken against a person or business subject to regulation.
  584  A violation of a rule is a minor violation if it does not result
  585  in economic or physical harm to a person or adversely affect the
  586  public health, safety, or welfare or create a significant threat
  587  of such harm. If an agency under the direction of a cabinet
  588  officer mails to each licensee a notice of the designated rules
  589  at the time of licensure and at least annually thereafter, the
  590  provisions of paragraph (a) may be exercised at the discretion
  591  of the agency. Such notice shall include a subject-matter index
  592  of the rules and information on how the rules may be obtained.
  593         (c)1. No later than June 30, 2016, and after such date
  594  within 3 months after any request of the rules ombudsman in the
  595  Executive Office of the Governor, The agency’s review and
  596  designation must be completed by December 1, 1995; each agency
  597  shall review under the direction of the Governor shall make a
  598  report to the Governor, and each agency under the joint
  599  direction of the Governor and Cabinet shall report to the
  600  Governor and Cabinet by January 1, 1996, on which of its rules
  601  and certify to the President of the Senate, the Speaker of the
  602  House of Representatives, the committee, and the rules ombudsman
  603  those rules that have been designated as rules the violation of
  604  which would be a minor violation under paragraph (b), consistent
  605  with the legislative intent stated in subsection (1). The rules
  606  ombudsman shall promptly report to the Governor, the President
  607  of the Senate, the Speaker of the House of Representatives, and
  608  the committee the failure of any agency to timely complete the
  609  review and file the certification as required by this section.
  610         2. Beginning July 1, 2016, each agency shall:
  611         a. Publish all rules that the agency has designated as
  612  rules the violation of which would be a minor violation, either
  613  as a complete list on the agency’s website or by incorporation
  614  of the designations in the agency’s disciplinary guidelines
  615  adopted as a rule.
  616         b. Ensure that all investigative and enforcement personnel
  617  are knowledgeable about the agency’s designations under this
  618  section.
  619         3. For each rule filed for adoption, the agency head shall
  620  certify whether any part of the rule is designated as a rule the
  621  violation of which would be a minor violation and shall update
  622  the listing required by sub-subparagraph 2.a.
  623         (d) The Governor or the Governor and Cabinet, as
  624  appropriate pursuant to paragraph (c), may evaluate the review
  625  and designation effects of each agency subject to the direction
  626  and supervision of such authority and may direct apply a
  627  different designation than that applied by such the agency.
  628         (e) Notwithstanding s. 120.52(1)(a), this section does not
  629  apply to:
  630         1. The Department of Corrections;
  631         2. Educational units;
  632         3. The regulation of law enforcement personnel; or
  633         4. The regulation of teachers.
  634         (f) Designation pursuant to this section is not subject to
  635  challenge under this chapter.
  636         Section 8. This act shall take effect July 1, 2015.
  638  ================= T I T L E  A M E N D M E N T ================
  639  And the title is amended as follows:
  640         Delete everything before the enacting clause
  641  and insert:
  642                        A bill to be entitled                      
  643         An act relating to administrative procedures; amending
  644         s. 120.54, F.S.; providing procedures for agencies to
  645         follow when initiating rulemaking after certain public
  646         hearings; limiting reliance upon an unadopted rule in
  647         certain circumstances; amending s. 120.55, F.S.;
  648         providing for publication of notices of rule
  649         development and of rules filed for adoption; providing
  650         for additional notice of rule development, proposals,
  651         and adoptions in the Florida Administrative Register;
  652         requiring certain agencies to provide additional e
  653         mail notifications concerning specified rulemaking and
  654         rule development activities; amending s. 120.56, F.S.;
  655         specifying the burden of proof necessary for a
  656         petitioner to challenge a proposed rule or unadopted
  657         agency statement; amending s. 120.569, F.S.; granting
  658         agencies additional time to render final orders in
  659         certain circumstances; amending s. 120.57, F.S.;
  660         conforming proceedings that oppose agency action based
  661         on an invalid or unadopted rule to proceedings used
  662         for challenging rules; requiring the agency to issue a
  663         notice stating whether the agency will rely on the
  664         challenged rule or alleged unadopted rule; authorizing
  665         the administrative law judge to make certain findings
  666         on the validity of certain alleged unadopted rules;
  667         authorizing the administrative law judge to issue a
  668         separate final order on certain rules and alleged
  669         unadopted rules; prohibiting agencies from rejecting
  670         specific conclusions of law in certain final orders
  671         rendered by an administrative law judge; authorizing a
  672         petitioner to file certain collateral challenges
  673         regarding the validity of a rule; authorizing the
  674         administrative law judge to consolidate proceedings in
  675         such rule challenges; providing for the stay of
  676         proceedings not involving disputed issues of fact upon
  677         timely filing of a rule challenge; providing that the
  678         final order terminates the stay; amending s. 120.68,
  679         F.S.; providing for judicial review of orders rendered
  680         in challenges to specified rules or unadopted rules;
  681         authorizing extensions for filing certain appeals or
  682         petitions for review under certain circumstances;
  683         amending s. 120.695, F.S.; removing obsolete
  684         provisions with respect to required agency review and
  685         designation of minor violations; requiring agency
  686         review and certification of minor violation rules by a
  687         specified date; requiring the reporting of an agency’s
  688         failure to complete the review and file certification
  689         of such rules; requiring minor violation certification
  690         for all rules adopted after a specified date;
  691         requiring public notice; providing applicability;
  692         conforming provisions to changes made by the act;
  693         providing an effective date.