Bill Text: FL H0993 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Rulemaking

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-05 - Amendment(s) to Senate amendment(s) failed (269937) -HJ 1169 [H0993 Detail]

Download: Florida-2011-H0993-Introduced.html

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HB 993

1	A bill to be entitled
2	An act relating to rulemaking; amending s. 120.54, F.S.;
3	requiring that an agency include in its notice of intended
4	rulemaking a statement as to whether the proposed rule
5	will require legislative ratification; clarifying that
6	certain proposed rules are adopted only when ratified by
7	the Legislature; amending s. 120.541, F.S.; reducing the
8	time before an agency files a rule for adoption within
9	which the agency must notify the person who submitted a
10	lower cost alternative and the Administrative Procedures
11	Committee; amending s. 120.56, F.S.; reducing the time in
12	which a substantially affected person may seek an
13	administrative determination of the invalidity of a rule
14	after the statement or revised statement of estimated
15	regulatory costs is available; providing an effective
16	date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Paragraphs (a) and (e) of subsection (3) of
21	section 120.54, Florida Statutes, as amended by chapter 2010-
22	279, Laws of Florida, are amended to read:
23	120.54  Rulemaking.-
24	(3)  ADOPTION PROCEDURES.-
25	(a)  Notices.-
26	1.  Prior to the adoption, amendment, or repeal of any rule
27	other than an emergency rule, an agency, upon approval of the
28	agency head, shall give notice of its intended action, setting
29	forth a short, plain explanation of the purpose and effect of
30	the proposed action; the full text of the proposed rule or
31	amendment and a summary thereof; a reference to the grant of
32	rulemaking authority pursuant to which the rule is adopted; and
33	a reference to the section or subsection of the Florida Statutes
34	or the Laws of Florida being implemented or interpreted. The
35	notice must include a summary of the agency's statement of the
36	estimated regulatory costs, if one has been prepared, based on
37	the factors set forth in s. 120.541(2), and a statement that any
38	person who wishes to provide the agency with information
39	regarding the statement of estimated regulatory costs, or to
40	provide a proposal for a lower cost regulatory alternative as
41	provided by s. 120.541(1), must do so in writing within 21 days
42	after publication of the notice, and a statement as to whether
43	the proposed rule will require legislative ratification pursuant
44	to s. 120.541(3). The notice must state the procedure for
45	requesting a public hearing on the proposed rule. Except when
46	the intended action is the repeal of a rule, the notice must
47	include a reference both to the date on which and to the place
48	where the notice of rule development that is required by
49	subsection (2) appeared.
50	2.  The notice shall be published in the Florida
51	Administrative Weekly not less than 28 days prior to the
52	intended action. The proposed rule shall be available for
53	inspection and copying by the public at the time of the
54	publication of notice.
55	3.  The notice shall be mailed to all persons named in the
56	proposed rule and to all persons who, at least 14 days prior to
57	such mailing, have made requests of the agency for advance
58	notice of its proceedings. The agency shall also give such
59	notice as is prescribed by rule to those particular classes of
60	persons to whom the intended action is directed.
61	4.  The adopting agency shall file with the committee, at
62	least 21 days prior to the proposed adoption date, a copy of
63	each rule it proposes to adopt; a copy of any material
64	incorporated by reference in the rule; a detailed written
65	statement of the facts and circumstances justifying the proposed
66	rule; a copy of any statement of estimated regulatory costs that
67	has been prepared pursuant to s. 120.541; a statement of the
68	extent to which the proposed rule relates to federal standards
69	or rules on the same subject; and the notice required by
70	subparagraph 1.
71	(e)  Filing for final adoption; effective date.-
72	1.  If the adopting agency is required to publish its rules
73	in the Florida Administrative Code, the agency, upon approval of
74	the agency head, shall file with the Department of State three
75	certified copies of the rule it proposes to adopt; one copy of
76	any material incorporated by reference in the rule, certified by
77	the agency; a summary of the rule; a summary of any hearings
78	held on the rule; and a detailed written statement of the facts
79	and circumstances justifying the rule. Agencies not required to
80	publish their rules in the Florida Administrative Code shall
81	file one certified copy of the proposed rule, and the other
82	material required by this subparagraph, in the office of the
83	agency head, and such rules shall be open to the public.
84	2.  A rule may not be filed for adoption less than 28 days
85	or more than 90 days after the notice required by paragraph (a),
86	until 21 days after the notice of change required by paragraph
87	(d), until 14 days after the final public hearing, until 21 days
88	after a statement of estimated regulatory costs required under
89	s. 120.541 has been provided to all persons who submitted a
90	lower cost regulatory alternative and made available to the
91	public, or until the administrative law judge has rendered a
92	decision under s. 120.56(2), whichever applies. When a required
93	notice of change is published prior to the expiration of the
94	time to file the rule for adoption, the period during which a
95	rule must be filed for adoption is extended to 45 days after the
96	date of publication. If notice of a public hearing is published
97	prior to the expiration of the time to file the rule for
98	adoption, the period during which a rule must be filed for
99	adoption is extended to 45 days after adjournment of the final
100	hearing on the rule, 21 days after receipt of all material
101	authorized to be submitted at the hearing, or 21 days after
102	receipt of the transcript, if one is made, whichever is latest.
103	The term "public hearing" includes any public meeting held by
104	any agency at which the rule is considered. If a petition for an
105	administrative determination under s. 120.56(2) is filed, the
106	period during which a rule must be filed for adoption is
107	extended to 60 days after the administrative law judge files the
108	final order with the clerk or until 60 days after subsequent
109	judicial review is complete.
110	3.  At the time a rule is filed, the agency shall certify
111	that the time limitations prescribed by this paragraph have been
112	complied with, that all statutory rulemaking requirements have
113	been met, and that there is no administrative determination
114	pending on the rule.
115	4.  At the time a rule is filed, the committee shall
116	certify whether the agency has responded in writing to all
117	material and timely written comments or written inquiries made
118	on behalf of the committee. The department shall reject any rule
119	that is not filed within the prescribed time limits; that does
120	not comply with all statutory rulemaking requirements and rules
121	of the department; upon which an agency has not responded in
122	writing to all material and timely written inquiries or written
123	comments; upon which an administrative determination is pending;
124	or which does not include a statement of estimated regulatory
125	costs, if required.
126	5.  If a rule has not been adopted within the time limits
127	imposed by this paragraph or has not been adopted in compliance
128	with all statutory rulemaking requirements, the agency proposing
129	the rule shall withdraw the rule and give notice of its action
130	in the next available issue of the Florida Administrative
131	Weekly.
132	6.  The proposed rule shall be adopted on being filed with
133	the Department of State and become effective 20 days after being
134	filed, on a later date specified in the notice required by
135	subparagraph (a)1., or on a date required by statute, or when
136	ratified by the Legislature pursuant to s. 120.541(3). Rules not
137	required to be filed with the Department of State shall become
138	effective when adopted by the agency head, or on a later date
139	specified by rule or statute, or when ratified by the
140	Legislature pursuant to s. 120.541(3). If the committee notifies
141	an agency that an objection to a rule is being considered, the
142	agency may postpone the adoption of the rule to accommodate
143	review of the rule by the committee. When an agency postpones
144	adoption of a rule to accommodate review by the committee, the
145	90-day period for filing the rule is tolled until the committee
146	notifies the agency that it has completed its review of the
147	rule.
148
149	For the purposes of this paragraph, the term "administrative
150	determination" does not include subsequent judicial review.
151	Section 2.  Paragraph (d) of subsection (1) of section
152	120.541, Florida Statutes, as amended by chapter 2010-279, Laws
153	of Florida, is amended to read:
154	120.541  Statement of estimated regulatory costs.-
155	(1)
156	(d)  At least 21 45 days before filing the rule for
157	adoption, an agency that is required to revise a statement of
158	estimated regulatory costs shall provide the statement to the
159	person who submitted the lower cost regulatory alternative and
160	to the committee and shall provide notice on the agency's
161	website that it is available to the public.
162	Section 3.  Paragraph (a) of subsection (2) of section
163	120.56, Florida Statutes, as amended by chapter 2010-279, Laws
164	of Florida, is amended to read:
165	120.56  Challenges to rules.-
166	(2)  CHALLENGING PROPOSED RULES; SPECIAL PROVISIONS.-
167	(a)  A substantially affected person may seek an
168	administrative determination of the invalidity of a proposed
169	rule by filing a petition seeking such a determination with the
170	division within 21 days after the date of publication of the
171	notice required by s. 120.54(3)(a); within 10 days after the
172	final public hearing is held on the proposed rule as provided by
173	s. 120.54(3)(e)2.; within 20 44 days after the statement of
174	estimated regulatory costs or revised statement of estimated
175	regulatory costs, if applicable, has been prepared and made
176	available as provided in s. 120.541(1)(d); or within 20 days
177	after the date of publication of the notice required by s.
178	120.54(3)(d). The petition must state with particularity the
179	objections to the proposed rule and the reasons that the
180	proposed rule is an invalid exercise of delegated legislative
181	authority. The petitioner has the burden of going forward. The
182	agency then has the burden to prove by a preponderance of the
183	evidence that the proposed rule is not an invalid exercise of
184	delegated legislative authority as to the objections raised. A
185	person who is substantially affected by a change in the proposed
186	rule may seek a determination of the validity of such change. A
187	person who is not substantially affected by the proposed rule as
188	initially noticed, but who is substantially affected by the rule
189	as a result of a change, may challenge any provision of the rule
190	and is not limited to challenging the change to the proposed
191	rule.
192	Section 4.  This act shall take effect July 1, 2011.

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