summary
Introduced
01/30/2025
01/30/2025
In Committee
02/12/2025
02/12/2025
Crossed Over
Passed
Dead
06/16/2025
06/16/2025
Introduced Session
2025 Regular Session
Bill Summary
An act relating to administrative procedure; amending s. 120.52, F.S.; specifying that issuance of a guidance document or other statement interpreting a statute without express statutory delegation to issue such guidance is an invalid exercise of delegated legislative authority; s. 120.536, F.S.; providing that an agency may not adopt a rule or issue a guidance document without statutory delegation; reenacting and amending s. 120.541, F.S.; requiring a statement of estimated regulatory costs for proposed rules, notices of change, or final rules; providing requirements for such estimates; requiring the agency to conduct a retrospective cost-benefits analysis for each adopted rule after a specified period; providing requirements for such analysis; requiring review of prior cost benefit analyses as part of a specified review; requiring agencies to use the findings of such a review for specified purposes; requiring publication of materials used to produce estimates of regulatory costs in a specified manner; providing additional requirements for cost-benefit analyses; amending s. 120.545, F.S.; revising requirements for review of rules by the Administrative Procedures Committee; amending s. 120.55, F.S.; requiring additional hb305-00 information to be published in the Florida Administrative Code; providing for expiration of rules after a specified period unless readopted; providing requirements for the readoption process; requiring the Administrative Procedures Committee to set expiration dates for existing rules; providing exceptions to rule expiration; requiring review of such exempt rules; providing for a limited extension of expiration in certain circumstances; amending s. 120.555, F.S.; requiring that specified information be published concerning expired rules; amending s. 120.56, F.S.; specifying that guidance documents are subject to specified provisions; providing that a party subject to an enforcement action may challenge the action on the basis that the agency lacked statutory authority for the rule or guidance document; providing for award of costs and attorney fees; providing for challenges to rules for failure to comply with specified provisions; conforming a provision to changes made by the act; providing an effective date.
AI Summary
This bill introduces comprehensive changes to administrative procedure in Florida, focusing on enhancing regulatory oversight and accountability. The legislation requires agencies to prepare detailed statements of estimated regulatory costs for proposed rules, including a cost-benefit analysis that demonstrates projected benefits exceeding projected costs. It establishes a new provision that invalidates agency guidance documents issued without explicit statutory delegation, and mandates that all rules will automatically expire after 8 years unless readopted through a specific rulemaking process. The bill adds requirements for public review of rules, including mandatory public comment periods and detailed reporting. Agencies must conduct retrospective cost-benefit analyses four years after a rule's effective date and publish all documentation and data used in preparing regulatory cost estimates. The legislation also allows parties subject to enforcement actions to challenge those actions if an agency lacks statutory authority for a rule or guidance document, and provides mechanisms for challenging rules that fail to meet regulatory cost assessment requirements. The changes aim to increase transparency, reduce unnecessary regulatory burden, and ensure that agency rules are carefully scrutinized and periodically reviewed for effectiveness and efficiency.
Committee Categories
Government Affairs
Sponsors (1)
Last Action
Died in Government Operations Subcommittee, companion bill(s) passed, see CS/SB 108 (Ch. 2025-189) (on 06/16/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2025/305 |
| BillText | https://www.flsenate.gov/Session/Bill/2025/305/BillText/Filed/PDF |
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