Florida Senate - 2015                              CS for SB 718
       By the Committee on Appropriations; and Senator Lee
       576-04667-15                                           2015718c1
    1                        A bill to be entitled                      
    2         An act relating to administrative procedures; amending
    3         s. 120.54, F.S.; providing procedures for agencies to
    4         follow when initiating rulemaking after certain public
    5         hearings; limiting reliance upon an unadopted rule in
    6         certain circumstances; amending s. 120.55, F.S.;
    7         providing for publication of notices of rule
    8         development and of rules filed for adoption; providing
    9         for additional notice of rule development, proposals,
   10         and adoptions in the Florida Administrative Register;
   11         requiring certain agencies to provide additional e
   12         mail notifications concerning specified rulemaking and
   13         rule development activities; amending s. 120.56, F.S.;
   14         specifying the burden of proof necessary for a
   15         petitioner to challenge a proposed rule or unadopted
   16         agency statement; amending s. 120.569, F.S.; granting
   17         agencies additional time to render final orders in
   18         certain circumstances; amending s. 120.57, F.S.;
   19         conforming proceedings that oppose agency action based
   20         on an invalid or unadopted rule to proceedings used
   21         for challenging rules; requiring the agency to issue a
   22         notice stating whether the agency will rely on the
   23         challenged rule or alleged unadopted rule; authorizing
   24         the administrative law judge to make certain findings
   25         on the validity of certain alleged unadopted rules;
   26         authorizing the administrative law judge to issue a
   27         separate final order on certain rules and alleged
   28         unadopted rules; prohibiting agencies from rejecting
   29         specific conclusions of law in certain final orders
   30         rendered by an administrative law judge; authorizing a
   31         petitioner to file certain collateral challenges
   32         regarding the validity of a rule; authorizing the
   33         administrative law judge to consolidate proceedings in
   34         such rule challenges; providing for the stay of
   35         proceedings not involving disputed issues of fact upon
   36         timely filing of a rule challenge; providing that the
   37         final order terminates the stay; amending s. 120.68,
   38         F.S.; providing for judicial review of orders rendered
   39         in challenges to specified rules or unadopted rules;
   40         authorizing extensions for filing certain appeals or
   41         petitions for review under certain circumstances;
   42         amending s. 120.695, F.S.; removing obsolete
   43         provisions with respect to required agency review and
   44         designation of minor violations; requiring agency
   45         review and certification of minor violation rules by a
   46         specified date; requiring the reporting of an agency’s
   47         failure to complete the review and file certification
   48         of such rules; requiring minor violation certification
   49         for all rules adopted after a specified date;
   50         requiring public notice; providing applicability;
   51         conforming provisions to changes made by the act;
   52         providing an effective date.
   54  Be It Enacted by the Legislature of the State of Florida:
   56         Section 1. Paragraph (c) of subsection (7) of section
   57  120.54, Florida Statutes, is amended, and paragraph (d) is added
   58  to that subsection, to read:
   59         120.54 Rulemaking.—
   61         (c) If the agency does not initiate rulemaking or otherwise
   62  comply with the requested action within 30 days after following
   63  the public hearing provided for in by paragraph (b), if the
   64  agency does not initiate rulemaking or otherwise comply with the
   65  requested action, the agency shall publish in the Florida
   66  Administrative Register a statement of its reasons for not
   67  initiating rulemaking or otherwise complying with the requested
   68  action, and of any changes it will make in the scope or
   69  application of the unadopted rule. The agency shall file the
   70  statement with the committee. The committee shall forward a copy
   71  of the statement to the substantive committee with primary
   72  oversight jurisdiction of the agency in each house of the
   73  Legislature. The committee or the committee with primary
   74  oversight jurisdiction may hold a hearing directed to the
   75  statement of the agency. The committee holding the hearing may
   76  recommend to the Legislature the introduction of legislation
   77  making the rule a statutory standard or limiting or otherwise
   78  modifying the authority of the agency.
   79         (d) If the agency initiates rulemaking after a public
   80  hearing provided for in paragraph (b), the agency shall publish
   81  a notice of rule development within 30 days after the hearing
   82  and file a notice of proposed rule within 180 days after the
   83  notice of rule development unless, before the 180th day, the
   84  agency publishes in the Florida Administrative Register a
   85  statement explaining its reasons for not having filed the
   86  notice. If rulemaking is initiated under this paragraph, the
   87  agency may not rely on the unadopted rule unless the agency
   88  publishes in the Florida Administrative Register a statement
   89  explaining why rulemaking under paragraph (1)(a) is not feasible
   90  or practicable until conclusion of the rulemaking proceeding.
   91         Section 2. Section 120.55, Florida Statutes, is amended to
   92  read:
   93         120.55 Publication.—
   94         (1) The Department of State shall:
   95         (a)1. Through a continuous revision and publication system,
   96  compile and publish electronically, on an Internet website
   97  managed by the department, the “Florida Administrative Code.”
   98  The Florida Administrative Code shall contain all rules adopted
   99  by each agency, citing the grant of rulemaking authority and the
  100  specific law implemented pursuant to which each rule was
  101  adopted, all history notes as authorized in s. 120.545(7),
  102  complete indexes to all rules contained in the code, and any
  103  other material required or authorized by law or deemed useful by
  104  the department. The electronic code shall display each rule
  105  chapter currently in effect in browse mode and allow full text
  106  search of the code and each rule chapter. The department may
  107  contract with a publishing firm for a printed publication;
  108  however, the department shall retain responsibility for the code
  109  as provided in this section. The electronic publication shall be
  110  the official compilation of the administrative rules of this
  111  state. The Department of State shall retain the copyright over
  112  the Florida Administrative Code.
  113         2. Rules general in form but applicable to only one school
  114  district, community college district, or county, or a part
  115  thereof, or state university rules relating to internal
  116  personnel or business and finance shall not be published in the
  117  Florida Administrative Code. Exclusion from publication in the
  118  Florida Administrative Code shall not affect the validity or
  119  effectiveness of such rules.
  120         3. At the beginning of the section of the code dealing with
  121  an agency that files copies of its rules with the department,
  122  the department shall publish the address and telephone number of
  123  the executive offices of each agency, the manner by which the
  124  agency indexes its rules, a listing of all rules of that agency
  125  excluded from publication in the code, and a statement as to
  126  where those rules may be inspected.
  127         4. Forms shall not be published in the Florida
  128  Administrative Code; but any form which an agency uses in its
  129  dealings with the public, along with any accompanying
  130  instructions, shall be filed with the committee before it is
  131  used. Any form or instruction which meets the definition of
  132  “rule” provided in s. 120.52 shall be incorporated by reference
  133  into the appropriate rule. The reference shall specifically
  134  state that the form is being incorporated by reference and shall
  135  include the number, title, and effective date of the form and an
  136  explanation of how the form may be obtained. Each form created
  137  by an agency which is incorporated by reference in a rule notice
  138  of which is given under s. 120.54(3)(a) after December 31, 2007,
  139  must clearly display the number, title, and effective date of
  140  the form and the number of the rule in which the form is
  141  incorporated.
  142         5. The department shall allow adopted rules and material
  143  incorporated by reference to be filed in electronic form as
  144  prescribed by department rule. When a rule is filed for adoption
  145  with incorporated material in electronic form, the department’s
  146  publication of the Florida Administrative Code on its Internet
  147  website must contain a hyperlink from the incorporating
  148  reference in the rule directly to that material. The department
  149  may not allow hyperlinks from rules in the Florida
  150  Administrative Code to any material other than that filed with
  151  and maintained by the department, but may allow hyperlinks to
  152  incorporated material maintained by the department from the
  153  adopting agency’s website or other sites.
  154         (b) Electronically publish on an Internet website managed
  155  by the department a continuous revision and publication entitled
  156  the “Florida Administrative Register,” which shall serve as the
  157  official publication and must contain:
  158         1. All notices required by s. 120.54(2) and (3)(a)
  159  120.54(3)(a), showing the text of all rules proposed for
  160  consideration.
  161         2. All notices of public meetings, hearings, and workshops
  162  conducted in accordance with s. 120.525, including a statement
  163  of the manner in which a copy of the agenda may be obtained.
  164         3. A notice of each request for authorization to amend or
  165  repeal an existing uniform rule or for the adoption of new
  166  uniform rules.
  167         4. Notice of petitions for declaratory statements or
  168  administrative determinations.
  169         5. A summary of each objection to any rule filed by the
  170  Administrative Procedures Committee.
  171         6. A list of rules filed for adoption in the previous 7
  172  days.
  173         7. A list of all rules filed for adoption pending
  174  legislative ratification under s. 120.541(3). A rule shall be
  175  taken off the list once notice of ratification or withdrawal of
  176  such rule is received.
  177         8.6. Any other material required or authorized by law or
  178  deemed useful by the department.
  180  The department may contract with a publishing firm for a printed
  181  publication of the Florida Administrative Register and make
  182  copies available on an annual subscription basis.
  183         (c) Prescribe by rule the style and form required for
  184  rules, notices, and other materials submitted for filing.
  185         (d) Charge each agency using the Florida Administrative
  186  Register a space rate to cover the costs related to the Florida
  187  Administrative Register and the Florida Administrative Code.
  188         (e) Maintain a permanent record of all notices published in
  189  the Florida Administrative Register.
  190         (2) The Florida Administrative Register Internet website
  191  must allow users to:
  192         (a) Search for notices by type, publication date, rule
  193  number, word, subject, and agency.
  194         (b) Search a database that makes available all notices
  195  published on the website for a period of at least 5 years.
  196         (c) Subscribe to an automated e-mail notification of
  197  selected notices to be sent out before or concurrently with
  198  publication of the electronic Florida Administrative Register.
  199  Such notification must include in the text of the e-mail a
  200  summary of the content of each notice.
  201         (d) View agency forms and other materials submitted to the
  202  department in electronic form and incorporated by reference in
  203  proposed rules.
  204         (e) Comment on proposed rules.
  205         (3) Publication of material required by paragraph (1)(b) on
  206  the Florida Administrative Register Internet website does not
  207  preclude publication of such material on an agency’s website or
  208  by other means.
  209         (4) Each agency shall provide copies of its rules upon
  210  request, with citations to the grant of rulemaking authority and
  211  the specific law implemented for each rule.
  212         (5) Each agency that provides an e-mail notification
  213  service to inform licensees or other registered recipients of
  214  notices shall use that service to notify recipients of each
  215  notice required under s. 120.54(2) and (3) and provide Internet
  216  links to the appropriate rule page on the Secretary of State’s
  217  website or Internet links to an agency website that contains the
  218  proposed rule or final rule.
  219         (6)(5) Any publication of a proposed rule promulgated by an
  220  agency, whether published in the Florida Administrative Register
  221  or elsewhere, shall include, along with the rule, the name of
  222  the person or persons originating such rule, the name of the
  223  agency head who approved the rule, and the date upon which the
  224  rule was approved.
  225         (7)(6) Access to the Florida Administrative Register
  226  Internet website and its contents, including the e-mail
  227  notification service, shall be free for the public.
  228         (8)(7)(a) All fees and moneys collected by the Department
  229  of State under this chapter shall be deposited in the Records
  230  Management Trust Fund for the purpose of paying for costs
  231  incurred by the department in carrying out this chapter.
  232         (b) The unencumbered balance in the Records Management
  233  Trust Fund for fees collected pursuant to this chapter may not
  234  exceed $300,000 at the beginning of each fiscal year, and any
  235  excess shall be transferred to the General Revenue Fund.
  236         Section 3. Subsection (1), paragraph (a) of subsection (2),
  237  and subsection (4) of section 120.56, Florida Statutes, are
  238  amended to read:
  239         120.56 Challenges to rules.—
  242         (a) Any person substantially affected by a rule or a
  243  proposed rule may seek an administrative determination of the
  244  invalidity of the rule on the ground that the rule is an invalid
  245  exercise of delegated legislative authority.
  246         (b) The petition challenging the validity of a proposed or
  247  adopted rule under this section seeking an administrative
  248  determination must state: with particularity
  249         1. The particular provisions alleged to be invalid and a
  250  statement with sufficient explanation of the facts or grounds
  251  for the alleged invalidity. and
  252         2. Facts sufficient to show that the petitioner person
  253  challenging a rule is substantially affected by the challenged
  254  adopted rule it, or that the person challenging a proposed rule
  255  would be substantially affected by the proposed rule it.
  256         (c) The petition shall be filed by electronic means with
  257  the division which shall, immediately upon filing, forward by
  258  electronic means copies to the agency whose rule is challenged,
  259  the Department of State, and the committee. Within 10 days after
  260  receiving the petition, the division director shall, if the
  261  petition complies with the requirements of paragraph (b), assign
  262  an administrative law judge who shall conduct a hearing within
  263  30 days thereafter, unless the petition is withdrawn or a
  264  continuance is granted by agreement of the parties or for good
  265  cause shown. Evidence of good cause includes, but is not limited
  266  to, written notice of an agency’s decision to modify or withdraw
  267  the proposed rule or a written notice from the chair of the
  268  committee stating that the committee will consider an objection
  269  to the rule at its next scheduled meeting. The failure of an
  270  agency to follow the applicable rulemaking procedures or
  271  requirements set forth in this chapter shall be presumed to be
  272  material; however, the agency may rebut this presumption by
  273  showing that the substantial interests of the petitioner and the
  274  fairness of the proceedings have not been impaired.
  275         (d) Within 30 days after the hearing, the administrative
  276  law judge shall render a decision and state the reasons therefor
  277  in writing. The division shall forthwith transmit by electronic
  278  means copies of the administrative law judge’s decision to the
  279  agency, the Department of State, and the committee.
  280         (e) Hearings held under this section shall be de novo in
  281  nature. The standard of proof shall be the preponderance of the
  282  evidence. Hearings shall be conducted in the same manner as
  283  provided by ss. 120.569 and 120.57, except that the
  284  administrative law judge’s order shall be final agency action.
  285  The petitioner and the agency whose rule is challenged shall be
  286  adverse parties. Other substantially affected persons may join
  287  the proceedings as intervenors on appropriate terms which shall
  288  not unduly delay the proceedings. Failure to proceed under this
  289  section does shall not constitute failure to exhaust
  290  administrative remedies.
  292         (a) A substantially affected person may seek an
  293  administrative determination of the invalidity of a proposed
  294  rule by filing a petition seeking such a determination with the
  295  division within 21 days after the date of publication of the
  296  notice required by s. 120.54(3)(a); within 10 days after the
  297  final public hearing is held on the proposed rule as provided by
  298  s. 120.54(3)(e)2.; within 20 days after the statement of
  299  estimated regulatory costs or revised statement of estimated
  300  regulatory costs, if applicable, has been prepared and made
  301  available as provided in s. 120.541(1)(d); or within 20 days
  302  after the date of publication of the notice required by s.
  303  120.54(3)(d). The petition must state with particularity the
  304  objections to the proposed rule and the reasons that the
  305  proposed rule is an invalid exercise of delegated legislative
  306  authority. The petitioner has the burden of going forward with
  307  evidence sufficient to support the petition. The agency then has
  308  the burden to prove by a preponderance of the evidence that the
  309  proposed rule is not an invalid exercise of delegated
  310  legislative authority as to the objections raised. A person who
  311  is substantially affected by a change in the proposed rule may
  312  seek a determination of the validity of such change. A person
  313  who is not substantially affected by the proposed rule as
  314  initially noticed, but who is substantially affected by the rule
  315  as a result of a change, may challenge any provision of the
  316  resulting proposed rule and is not limited to challenging the
  317  change to the proposed rule.
  320         (a) Any person substantially affected by an agency
  321  statement that is an unadopted rule may seek an administrative
  322  determination that the statement violates s. 120.54(1)(a). The
  323  petition shall include the text of the statement or a
  324  description of the statement and shall state with particularity
  325  facts sufficient to show that the statement constitutes an
  326  unadopted a rule under s. 120.52 and that the agency has not
  327  adopted the statement by the rulemaking procedure provided by s.
  328  120.54.
  329         (b) The administrative law judge may extend the hearing
  330  date beyond 30 days after assignment of the case for good cause.
  331  Upon notification to the administrative law judge provided
  332  before the final hearing that the agency has published a notice
  333  of rulemaking under s. 120.54(3), such notice shall
  334  automatically operate as a stay of proceedings pending adoption
  335  of the statement as a rule. The administrative law judge may
  336  vacate the stay for good cause shown. A stay of proceedings
  337  pending rulemaking shall remain in effect so long as the agency
  338  is proceeding expeditiously and in good faith to adopt the
  339  statement as a rule.
  340         (c) The petitioner has the burden of going forward with
  341  evidence sufficient to support the petition. The agency then has
  342  the burden to prove by a preponderance of the evidence that the
  343  statement does not meet the definition of an unadopted rule, the
  344  statement was adopted as a rule in compliance with s. 120.54, or
  345  If a hearing is held and the petitioner proves the allegations
  346  of the petition, the agency shall have the burden of proving
  347  that rulemaking is not feasible or not practicable under s.
  348  120.54(1)(a).
  349         (d)(c) The administrative law judge may determine whether
  350  all or part of a statement violates s. 120.54(1)(a). The
  351  decision of the administrative law judge shall constitute a
  352  final order. The division shall transmit a copy of the final
  353  order to the Department of State and the committee. The
  354  Department of State shall publish notice of the final order in
  355  the first available issue of the Florida Administrative
  356  Register.
  357         (e)(d) If an administrative law judge enters a final order
  358  that all or part of an unadopted rule agency statement violates
  359  s. 120.54(1)(a), the agency must immediately discontinue all
  360  reliance upon the unadopted rule statement or any substantially
  361  similar statement as a basis for agency action.
  362         (f)(e) If proposed rules addressing the challenged
  363  unadopted rule statement are determined to be an invalid
  364  exercise of delegated legislative authority as defined in s.
  365  120.52(8)(b)-(f), the agency must immediately discontinue
  366  reliance upon on the unadopted rule statement and any
  367  substantially similar statement until rules addressing the
  368  subject are properly adopted, and the administrative law judge
  369  shall enter a final order to that effect.
  370         (g)(f) All proceedings to determine a violation of s.
  371  120.54(1)(a) shall be brought pursuant to this subsection. A
  372  proceeding pursuant to this subsection may be consolidated with
  373  a proceeding under subsection (3) or under any other section of
  374  this chapter. This paragraph does not prevent a party whose
  375  substantial interests have been determined by an agency action
  376  from bringing a proceeding pursuant to s. 120.57(1)(e).
  377         Section 4. Paragraph (l) of subsection (2) of section
  378  120.569, Florida Statutes, is amended to read:
  379         120.569 Decisions which affect substantial interests.—
  380         (2)
  381         (l) Unless the time period is waived or extended with the
  382  consent of all parties, the final order in a proceeding which
  383  affects substantial interests must be in writing and include
  384  findings of fact, if any, and conclusions of law separately
  385  stated, and it must be rendered within 90 days:
  386         1. After the hearing is concluded, if conducted by the
  387  agency;
  388         2. After a recommended order is submitted to the agency and
  389  mailed to all parties, if the hearing is conducted by an
  390  administrative law judge, except that, at the election of the
  391  agency, the time for rendering the final order may be extended
  392  up to 10 days after entry of a mandate from any appeal following
  393  entry of a final order under s. 120.57(1)(e)4.; or
  394         3. After the agency has received the written and oral
  395  material it has authorized to be submitted, if there has been no
  396  hearing.
  397         Section 5. Paragraphs (e) and (h) of subsection (1) and
  398  subsection (2) of section 120.57, Florida Statutes, are amended
  399  to read:
  400         120.57 Additional procedures for particular cases.—
  403         (e)1. An agency or an administrative law judge may not base
  404  agency action that determines the substantial interests of a
  405  party on an unadopted rule or a rule that is an invalid exercise
  406  of delegated legislative authority. The administrative law judge
  407  shall determine whether an agency statement constitutes an
  408  unadopted rule. This subparagraph does not preclude application
  409  of valid adopted rules and applicable provisions of law to the
  410  facts.
  411         2. In a matter initiated as a result of agency action
  412  proposing to determine the substantial interests of a party, the
  413  party’s timely petition for hearing may challenge the proposed
  414  agency action based on a rule that is an invalid exercise of
  415  delegated legislative authority or based on an alleged unadopted
  416  rule. For challenges brought under this subparagraph:
  417         a. The challenge shall be pled as a defense using the
  418  procedures set forth in s. 120.56(1)(b).
  419         b. Section 120.56(3)(a) applies to a challenge alleging
  420  that a rule is an invalid exercise of delegated legislative
  421  authority.
  422         c. Section 120.56(4)(c) applies to a challenge alleging an
  423  unadopted rule.
  424         d. The agency has 15 days after the date of receipt of a
  425  challenge under this subparagraph to serve the challenging party
  426  with a notice stating whether the agency will continue to rely
  427  upon the rule or the alleged unadopted rule as a basis for the
  428  action determining the party’s substantive interests. Failure to
  429  timely serve the notice constitutes a binding stipulation that
  430  the agency shall not rely upon the rule or unadopted rule
  431  further in the proceeding. The agency shall include a copy of
  432  this notice upon referral of the matter to the division under s.
  433  120.569(2)(a).
  434         e. This subparagraph does not preclude the consolidation of
  435  any proceeding under s. 120.56 with any proceeding under this
  436  paragraph.
  437         3.2. Notwithstanding subparagraph 1., if an agency
  438  demonstrates that the statute being implemented directs it to
  439  adopt rules, that the agency has not had time to adopt those
  440  rules because the requirement was so recently enacted, and that
  441  the agency has initiated rulemaking and is proceeding
  442  expeditiously and in good faith to adopt the required rules,
  443  then the agency’s action may be based upon those unadopted rules
  444  if, subject to de novo review by the administrative law judge
  445  determines that rulemaking is neither feasible nor practicable
  446  and the unadopted rules would not constitute an invalid exercise
  447  of delegated legislative authority if adopted as rules. An
  448  unadopted rule The agency action shall not be presumed valid or
  449  invalid. The agency must demonstrate that the unadopted rule:
  450         a. Is within the powers, functions, and duties delegated by
  451  the Legislature or, if the agency is operating pursuant to
  452  authority vested in the agency by derived from the State
  453  Constitution, is within that authority;
  454         b. Does not enlarge, modify, or contravene the specific
  455  provisions of law implemented;
  456         c. Is not vague, establishes adequate standards for agency
  457  decisions, or does not vest unbridled discretion in the agency;
  458         d. Is not arbitrary or capricious. A rule is arbitrary if
  459  it is not supported by logic or the necessary facts; a rule is
  460  capricious if it is adopted without thought or reason or is
  461  irrational;
  462         e. Is not being applied to the substantially affected party
  463  without due notice; and
  464         f. Does not impose excessive regulatory costs on the
  465  regulated person, county, or city.
  466         4. If the agency timely serves notice of continued reliance
  467  upon a challenged rule or an alleged unadopted rule under sub
  468  subparagraph 2.d., the administrative law judge shall determine
  469  whether the challenged rule is an invalid exercise of delegated
  470  legislative authority or whether the challenged agency statement
  471  constitutes an unadopted rule and if that unadopted rule meets
  472  the requirements of subparagraph 3. The determination shall be
  473  rendered as a separate final order no earlier than the date on
  474  which the administrative law judge serves the recommended order.
  475         5.3. The recommended and final orders in any proceeding
  476  shall be governed by the provisions of paragraphs (k) and (l),
  477  except that the administrative law judge’s determination
  478  regarding an unadopted rule under subparagraph 4. 1. or
  479  subparagraph 2. shall be included as a conclusion of law that
  480  the agency may not reject not be rejected by the agency unless
  481  the agency first determines from a review of the complete
  482  record, and states with particularity in the order, that such
  483  determination is clearly erroneous or does not comply with
  484  essential requirements of law. In any proceeding for review
  485  under s. 120.68, if the court finds that the agency’s rejection
  486  of the determination regarding the unadopted rule does not
  487  comport with the provisions of this subparagraph, the agency
  488  action shall be set aside and the court shall award to the
  489  prevailing party the reasonable costs and a reasonable
  490  attorney’s fee for the initial proceeding and the proceeding for
  491  review.
  492         6. A petitioner may pursue a separate, collateral challenge
  493  under s. 120.56 even if an adequate remedy exists through a
  494  proceeding under this section. The administrative law judge may
  495  consolidate the proceedings.
  496         (h) Any party to a proceeding in which an administrative
  497  law judge of the Division of Administrative Hearings has final
  498  order authority may move for a summary final order when there is
  499  no genuine issue as to any material fact. A summary final order
  500  shall be rendered if the administrative law judge determines
  501  from the pleadings, depositions, answers to interrogatories, and
  502  admissions on file, together with affidavits, if any, that no
  503  genuine issue as to any material fact exists and that the moving
  504  party is entitled as a matter of law to the entry of a final
  505  order. A summary final order shall consist of findings of fact,
  506  if any, conclusions of law, a disposition or penalty, if
  507  applicable, and any other information required by law to be
  508  contained in the final order. This paragraph does not apply to
  509  proceedings authorized in paragraph (e).
  512  subsection (1) does not apply:
  513         (a) The agency shall:
  514         1. Give reasonable notice to affected persons of the action
  515  of the agency, whether proposed or already taken, or of its
  516  decision to refuse action, together with a summary of the
  517  factual, legal, and policy grounds therefor.
  518         2. Give parties or their counsel the option, at a
  519  convenient time and place, to present to the agency or hearing
  520  officer written or oral evidence in opposition to the action of
  521  the agency or to its refusal to act, or a written statement
  522  challenging the grounds upon which the agency has chosen to
  523  justify its action or inaction.
  524         3. If the objections of the parties are overruled, provide
  525  a written explanation within 7 days.
  526         (b) An agency may not base agency action that determines
  527  the substantial interests of a party on an unadopted rule or a
  528  rule that is an invalid exercise of delegated legislative
  529  authority. No later than the date provided by the agency under
  530  subparagraph (a)2. for presenting material in opposition to the
  531  agency’s proposed action or refusal to act, the party may file a
  532  petition under s. 120.56 challenging the rule, portion of rule,
  533  or unadopted rule upon which the agency bases its proposed
  534  action or refusal to act. The filing of a challenge under s.
  535  120.56 pursuant to this paragraph shall stay all proceedings on
  536  the agency’s proposed action or refusal to act until entry of
  537  the final order by the administrative law judge. The final order
  538  shall provide additional notice that the stay of the pending
  539  agency action is terminated and that any further stay pending
  540  appeal of the final order must be sought from the appellate
  541  court.
  542         (c)(b) The record shall only consist of:
  543         1. The notice and summary of grounds.
  544         2. Evidence received.
  545         3. All written statements submitted.
  546         4. Any decision overruling objections.
  547         5. All matters placed on the record after an ex parte
  548  communication.
  549         6. The official transcript.
  550         7. Any decision, opinion, order, or report by the presiding
  551  officer.
  552         Section 6. Subsections (1), (2), and (9) of section 120.68,
  553  Florida Statutes, are amended to read:
  554         120.68 Judicial review.—
  555         (1)(a) A party who is adversely affected by final agency
  556  action is entitled to judicial review.
  557         (b) A preliminary, procedural, or intermediate order of the
  558  agency or of an administrative law judge of the Division of
  559  Administrative Hearings, or a final order under s.
  560  120.57(1)(e)4., is immediately reviewable if review of the final
  561  agency decision would not provide an adequate remedy.
  562         (2)(a) Judicial review shall be sought in the appellate
  563  district where the agency maintains its headquarters or where a
  564  party resides or as otherwise provided by law.
  565         (b) All proceedings shall be instituted by filing a notice
  566  of appeal or petition for review in accordance with the Florida
  567  Rules of Appellate Procedure within 30 days after the date that
  568  rendition of the order being appealed is filed with the agency
  569  clerk. If a party receives notice of the filing of the order
  570  later than the 25th day after the filing of the order with the
  571  agency clerk, the time by which the party must file a notice of
  572  appeal or petition for review is extended for 10 days after the
  573  date that the party received the notice of the filing of the
  574  order. If the appeal is of an order rendered in a proceeding
  575  initiated under s. 120.56 or a final order under s.
  576  120.57(1)(e)4., the agency whose rule is being challenged shall
  577  transmit a copy of the notice of appeal to the committee.
  578         (c)(b) When proceedings under this chapter are consolidated
  579  for final hearing and the parties to the consolidated proceeding
  580  seek review of final or interlocutory orders in more than one
  581  district court of appeal, the courts of appeal are authorized to
  582  transfer and consolidate the review proceedings. The court may
  583  transfer such appellate proceedings on its own motion, upon
  584  motion of a party to one of the appellate proceedings, or by
  585  stipulation of the parties to the appellate proceedings. In
  586  determining whether to transfer a proceeding, the court may
  587  consider such factors as the interrelationship of the parties
  588  and the proceedings, the desirability of avoiding inconsistent
  589  results in related matters, judicial economy, and the burden on
  590  the parties of reproducing the record for use in multiple
  591  appellate courts.
  592         (9) A No petition challenging an agency rule as an invalid
  593  exercise of delegated legislative authority shall not be
  594  instituted pursuant to this section, except to review an order
  595  entered pursuant to a proceeding under s. 120.56, s.
  596  120.57(1)(e)5., or s. 120.57(2)(b) or an agency’s findings of
  597  immediate danger, necessity, and procedural fairness
  598  prerequisite to the adoption of an emergency rule pursuant to s.
  599  120.54(4), unless the sole issue presented by the petition is
  600  the constitutionality of a rule and there are no disputed issues
  601  of fact.
  602         Section 7. Section 120.695, Florida Statutes, is amended to
  603  read:
  604         120.695 Notice of noncompliance; designation of minor
  605  violation of rules.—
  606         (1) It is the policy of the state that the purpose of
  607  regulation is to protect the public by attaining compliance with
  608  the policies established by the Legislature. Fines and other
  609  penalties may be provided in order to assure compliance;
  610  however, the collection of fines and the imposition of penalties
  611  are intended to be secondary to the primary goal of attaining
  612  compliance with an agency’s rules. It is the intent of the
  613  Legislature that an agency charged with enforcing rules shall
  614  issue a notice of noncompliance as its first response to a minor
  615  violation of a rule in any instance in which it is reasonable to
  616  assume that the violator was unaware of the rule or unclear as
  617  to how to comply with it.
  618         (2)(a) Each agency shall issue a notice of noncompliance as
  619  a first response to a minor violation of a rule. A “notice of
  620  noncompliance” is a notification by the agency charged with
  621  enforcing the rule issued to the person or business subject to
  622  the rule. A notice of noncompliance may not be accompanied with
  623  a fine or other disciplinary penalty. It must identify the
  624  specific rule that is being violated, provide information on how
  625  to comply with the rule, and specify a reasonable time for the
  626  violator to comply with the rule. A rule is agency action that
  627  regulates a business, occupation, or profession, or regulates a
  628  person operating a business, occupation, or profession, and
  629  that, if not complied with, may result in a disciplinary
  630  penalty.
  631         (b) Each agency shall review all of its rules and designate
  632  those for which a violation would be a minor violation and for
  633  which a notice of noncompliance must be the first enforcement
  634  action taken against a person or business subject to regulation.
  635  A violation of a rule is a minor violation if it does not result
  636  in economic or physical harm to a person or adversely affect the
  637  public health, safety, or welfare or create a significant threat
  638  of such harm. If an agency under the direction of a cabinet
  639  officer mails to each licensee a notice of the designated rules
  640  at the time of licensure and at least annually thereafter, the
  641  provisions of paragraph (a) may be exercised at the discretion
  642  of the agency. Such notice shall include a subject-matter index
  643  of the rules and information on how the rules may be obtained.
  644         (c)1. No later than June 30, 2016, and after such date
  645  within 3 months after any request of the rules ombudsman in the
  646  Executive Office of the Governor, The agency’s review and
  647  designation must be completed by December 1, 1995; each agency
  648  shall review under the direction of the Governor shall make a
  649  report to the Governor, and each agency under the joint
  650  direction of the Governor and Cabinet shall report to the
  651  Governor and Cabinet by January 1, 1996, on which of its rules
  652  and certify to the President of the Senate, the Speaker of the
  653  House of Representatives, the committee, and the rules ombudsman
  654  those rules that have been designated as rules the violation of
  655  which would be a minor violation under paragraph (b), consistent
  656  with the legislative intent stated in subsection (1). The rules
  657  ombudsman shall promptly report to the Governor, the President
  658  of the Senate, the Speaker of the House of Representatives, and
  659  the committee the failure of any agency to timely complete the
  660  review and file the certification as required by this section.
  661         2. Beginning July 1, 2016, each agency shall:
  662         a. Publish all rules that the agency has designated as
  663  rules the violation of which would be a minor violation, either
  664  as a complete list on the agency’s website or by incorporation
  665  of the designations in the agency’s disciplinary guidelines
  666  adopted as a rule.
  667         b. Ensure that all investigative and enforcement personnel
  668  are knowledgeable about the agency’s designations under this
  669  section.
  670         3. For each rule filed for adoption, the agency head shall
  671  certify whether any part of the rule is designated as a rule the
  672  violation of which would be a minor violation and shall update
  673  the listing required by sub-subparagraph 2.a.
  674         (d) The Governor or the Governor and Cabinet, as
  675  appropriate pursuant to paragraph (c), may evaluate the review
  676  and designation effects of each agency subject to the direction
  677  and supervision of such authority and may direct apply a
  678  different designation than that applied by such the agency.
  679         (e) Notwithstanding s. 120.52(1)(a), this section does not
  680  apply to:
  681         1. The Department of Corrections;
  682         2. Educational units;
  683         3. The regulation of law enforcement personnel; or
  684         4. The regulation of teachers.
  685         (f) Designation pursuant to this section is not subject to
  686  challenge under this chapter.
  687         Section 8. This act shall take effect July 1, 2015.