Bill Amendment: FL S1640 | 2017 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Administrative Procedures

Status: 2017-05-05 - Died in Judiciary [S1640 Detail]

Download: Florida-2017-S1640-Senate_Committee_Amendment_831350.html

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       Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1640
       
       
       
       
       
       
                                Ì831350rÎ831350                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Governmental Oversight and Accountability
       (Broxson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (a) and (b) of subsection (3) of
    6  section 120.54, Florida Statutes, are amended to read:
    7         120.54 Rulemaking.—
    8         (3) ADOPTION PROCEDURES.—
    9         (a) Notices.—
   10         1. Prior to the adoption, amendment, or repeal of any rule
   11  other than an emergency rule, an agency, upon approval of the
   12  agency head, shall give notice of its intended action, setting
   13  forth a short, plain explanation of the purpose and effect of
   14  the proposed action; the full text of the proposed rule or
   15  amendment and a summary thereof; a reference to the grant of
   16  rulemaking authority pursuant to which the rule is adopted; and
   17  a reference to the section or subsection of the Florida Statutes
   18  or the Laws of Florida being implemented or interpreted. The
   19  notice must include a summary of the agency’s statement of the
   20  estimated regulatory costs, if one has been prepared, based on
   21  the factors set forth in s. 120.541(2); an agency website
   22  address where the statement of estimated regulatory costs can be
   23  viewed in its entirety; a statement that any person who wishes
   24  to provide the agency with information regarding the statement
   25  of estimated regulatory costs, or to provide a proposal for a
   26  lower cost regulatory alternative as provided by s. 120.541(1),
   27  must do so in writing within 21 days after publication of the
   28  notice; and a statement as to whether, based on the statement of
   29  the estimated regulatory costs or other information expressly
   30  relied upon and described by the agency if no statement of
   31  regulatory costs is required, the proposed rule is expected to
   32  require legislative ratification pursuant to s. 120.541(3). The
   33  notice must state the procedure for requesting a public hearing
   34  on the proposed rule. Except when the intended action is the
   35  repeal of a rule, the notice must include a reference both to
   36  the date on which and to the place where the notice of rule
   37  development that is required by subsection (2) appeared.
   38         2. The notice shall be published in the Florida
   39  Administrative Register not less than 28 days prior to the
   40  intended action. The proposed rule shall be available for
   41  inspection and copying by the public at the time of the
   42  publication of notice.
   43         3. The notice shall be mailed to all persons named in the
   44  proposed rule and to all persons who, at least 14 days prior to
   45  such mailing, have made requests of the agency for advance
   46  notice of its proceedings. The agency shall also give such
   47  notice as is prescribed by rule to those particular classes of
   48  persons to whom the intended action is directed.
   49         4. The adopting agency shall file with the committee, at
   50  least 21 days prior to the proposed adoption date, a copy of
   51  each rule it proposes to adopt; a copy of any material
   52  incorporated by reference in the rule; a detailed written
   53  statement of the facts and circumstances justifying the proposed
   54  rule; a copy of any statement of estimated regulatory costs that
   55  has been prepared pursuant to s. 120.541; a statement of the
   56  extent to which the proposed rule relates to federal standards
   57  or rules on the same subject; and the notice required by
   58  subparagraph 1.
   59         (b) Special matters to be considered in rule adoption.—
   60         1. Statement of estimated regulatory costs.—Before the
   61  adoption or, amendment, or repeal of any rule other than an
   62  emergency rule, an agency must is encouraged to prepare a
   63  statement of estimated regulatory costs of the proposed rule, as
   64  provided by s. 120.541. However, an agency is not required to
   65  prepare a statement of estimated regulatory costs for a rule
   66  repeal unless such repeal would impose a regulatory cost. In any
   67  challenge to a rule repeal, such rule repeal must be considered
   68  presumptively correct by the committee in any proceeding before
   69  the division or in any proceeding before a court of competent
   70  jurisdiction However, an agency must prepare a statement of
   71  estimated regulatory costs of the proposed rule, as provided by
   72  s. 120.541, if:
   73         a. The proposed rule will have an adverse impact on small
   74  business; or
   75         b. The proposed rule is likely to directly or indirectly
   76  increase regulatory costs in excess of $200,000 in the aggregate
   77  in this state within 1 year after the implementation of the
   78  rule.
   79         2. Small businesses, small counties, and small cities.—
   80         a. Each agency, before the adoption, amendment, or repeal
   81  of a rule, shall consider the impact of the rule on small
   82  businesses as defined by s. 288.703 and the impact of the rule
   83  on small counties or small cities as defined by s. 120.52.
   84  Whenever practicable, an agency shall tier its rules to reduce
   85  disproportionate impacts on small businesses, small counties, or
   86  small cities to avoid regulating small businesses, small
   87  counties, or small cities that do not contribute significantly
   88  to the problem the rule is designed to address. An agency may
   89  define “small business” to include businesses employing more
   90  than 200 persons, may define “small county” to include those
   91  with populations of more than 75,000, and may define “small
   92  city” to include those with populations of more than 10,000, if
   93  it finds that such a definition is necessary to adapt a rule to
   94  the needs and problems of small businesses, small counties, or
   95  small cities. The agency shall consider each of the following
   96  methods for reducing the impact of the proposed rule on small
   97  businesses, small counties, and small cities, or any combination
   98  of these entities:
   99         (I) Establishing less stringent compliance or reporting
  100  requirements in the rule.
  101         (II) Establishing less stringent schedules or deadlines in
  102  the rule for compliance or reporting requirements.
  103         (III) Consolidating or simplifying the rule’s compliance or
  104  reporting requirements.
  105         (IV) Establishing performance standards or best management
  106  practices to replace design or operational standards in the
  107  rule.
  108         (V) Exempting small businesses, small counties, or small
  109  cities from any or all requirements of the rule.
  110         b.(I) If the agency determines that the proposed action
  111  will affect small businesses as defined by the agency as
  112  provided in sub-subparagraph a., the agency shall send written
  113  notice of the rule to the rules ombudsman in the Executive
  114  Office of the Governor at least 28 days before the intended
  115  action.
  116         (II) Each agency shall adopt those regulatory alternatives
  117  offered by the rules ombudsman in the Executive Office of the
  118  Governor and provided to the agency no later than 21 days after
  119  the rules ombudsman’s receipt of the written notice of the rule
  120  which it finds are feasible and consistent with the stated
  121  objectives of the proposed rule and which would reduce the
  122  impact on small businesses. When regulatory alternatives are
  123  offered by the rules ombudsman in the Executive Office of the
  124  Governor, the 90-day period for filing the rule in subparagraph
  125  (e)2. is extended for a period of 21 days.
  126         (III) If an agency does not adopt all alternatives offered
  127  pursuant to this sub-subparagraph, it shall, before rule
  128  adoption or amendment and pursuant to subparagraph (d)1., file a
  129  detailed written statement with the committee explaining the
  130  reasons for failure to adopt such alternatives. Within 3 working
  131  days after the filing of such notice, the agency shall send a
  132  copy of such notice to the rules ombudsman in the Executive
  133  Office of the Governor.
  134         Section 2. Paragraph (b) of subsection (1) of section
  135  120.541, Florida Statutes, is amended, and subsection (6) is
  136  added to that section, to read:
  137         120.541 Statement of estimated regulatory costs.—
  138         (1)
  139         (b) If a proposed rule will have an adverse impact on small
  140  business or if the proposed rule is likely to directly or
  141  indirectly increase regulatory costs in excess of $200,000 in
  142  the aggregate within 1 year after the implementation of the
  143  rule, the agency shall prepare a statement of estimated
  144  regulatory costs as required by s. 120.54(3)(b).
  145         (6) The Department of State shall include on the Florida
  146  Administrative Register website the agency website addresses
  147  where statements of estimated regulatory costs can be viewed in
  148  their entirety.
  149         (a) An agency that prepares a statement of estimated
  150  regulatory costs must provide, as part of the notice required
  151  under s. 120.54(3)(a), the agency website address where the
  152  statement of estimated regulatory costs can be read in its
  153  entirety to the department for publication in the Florida
  154  Administrative Register.
  155         (b) An agency that revises a statement of estimated
  156  regulatory costs must provide a notice that a revision has been
  157  made and an agency website address where the revision can be
  158  viewed for publication in the Florida Administrative Register.
  159         Section 3. This act shall take effect July 1, 2017.
  160  
  161  ================= T I T L E  A M E N D M E N T ================
  162  And the title is amended as follows:
  163         Delete everything before the enacting clause
  164  and insert:
  165                        A bill to be entitled                      
  166         An act relating to agency rulemaking; amending s.
  167         120.54, F.S.; removing the requirement that an agency
  168         head approve certain notices of intended agency action
  169         before publication; requiring certain notices of
  170         intended agency action to include an agency website
  171         address for a specified purpose; requiring an agency
  172         to prepare a statement of estimated regulatory costs
  173         before adopting or amending any rule other than an
  174         emergency rule; requiring an agency to prepare a
  175         statement of estimated regulatory costs before
  176         repealing a rule in certain circumstances; amending s.
  177         120.541, F.S.; requiring the Department of State to
  178         include on the Florida Administrative Register website
  179         the agency website addresses where statements of
  180         estimated regulatory costs can be viewed in their
  181         entirety; requiring an agency to include in its notice
  182         of intended agency action the agency website address
  183         where the statement of estimated regulatory cost can
  184         be read in its entirety; requiring an agency to
  185         provide a notice of revision when an agency revises a
  186         statement of estimated regulatory costs; providing an
  187         effective date.