Bill > H0433

Introduced Session

An act relating to administrative procedures; amending s. 120.52, F.S.; defining the term "technical change"; amending s. 120.54, F.S.; requiring agencies to publish a notice of rule development within a specified timeframe; deleting a provision related to the timeframe within which rules are required to be drafted and formally proposed; prohibiting materials from being incorporated by reference for certain rules reviewed after a specified date unless certain conditions are met; prohibiting rules proposed after a specified date from having materials incorporated by reference unless certain conditions are met; requiring agencies to use specific coding if they are updating or making changes to certain documents incorporated by reference; requiring a certain amount of days between a notice of rule development and notice of proposed rule; requiring that notices of rule development contain certain information as well as incorporated documents; requiring that a notice of rule development contain a proposed rule number and specified statements; revising the scope of public workshops to include information gathered for the preparation of statements of estimated regulatory costs; revising who may challenge a proposed rule developed through hb433-02-c2 negotiated rulemaking; revising the notices required to be issued by agencies before the adoption, amendment, or repeal of certain rules; requiring certain information be included in the notices; requiring a certain amount of days between a notice of rule development and notice of proposed rule; requiring that specified information be available for public inspection; requiring that materials incorporated by reference be made available in a specified manner; requiring that certain notices be delivered electronically to all persons who made requests for such notice; requiring agencies to publish a notice of correction for certain changes within a specified timeframe; providing that notices of correction do not affect certain timeframes; requiring that technical changes be published as notices of correction; requiring agencies to provide copies of any offered regulatory alternatives to the Administrative Procedures Committee before the agency files a rule for adoption; revising the requirements for the contents of a notice of change; requiring that certain materials incorporated by reference be made available in a specified manner; requiring the department to publish a notice of withdrawal of the proposed rule under certain circumstances; requiring hb433-02-c2 agencies to restart rulemaking following a notice of withdrawal in certain circumstances; requiring that certain rules be withdrawn if not ratified within the legislative session immediately following the filing for adoption; providing that agencies are authorized to initiate rulemaking, or required to initiate rulemaking under a specified circumstance, within a specified timeframe of the adjournment of such legislative session; reducing the number of certified copies of a proposed rule that must be electronically filed with the Department of State; authorizing agencies to adopt emergency rules under specified conditions; requiring that specified information be published in the first available issue of the Florida Administrative Register and provided to the Administrative Procedures Committee; providing that if a proposed rule is not ratified within a specified timeframe, the emergency rule expires; requiring that the proposed rule be withdrawn in accordance with a specified provision; requiring that notices of renewal for emergency rules be published in the Florida Administrative Register before expiration of the existing emergency rule; requiring that such notices contain specified information; requiring that a note be added to a certain history note for certain hb433-02-c2 emergency rules; requiring that emergency rules be published in the Florida Administrative Code; authorizing agencies to adopt emergency rules that supersede other emergency rules; requiring that the reason for such superseding rules be stated in accordance with specified provisions; authorizing agencies to make technical changes to emergency rules within a specified timeframe; requiring that such changes be published in the Florida Administrative Register as a notice of correction; authorizing agencies to repeal emergency rules by providing a certain notice in the Florida Administrative Register; requiring agencies to provide specified petitions to the committee within a specified timeframe after receipt; requiring agencies to provide a certain notification to the committee within a specified timeframe; reenacting and amending s. 120.541, F.S.; providing that a proposal for a lower cost regulatory alternative submitted after a notice of change is made in good faith only if the proposal contains certain statements; requiring agencies to provide a copy of such proposals and responses thereto to the committee within specified timeframes; prohibiting agencies from filing a rule for adoption unless such documents are provided to the committee; requiring agencies to hb433-02-c2 notify the committee within a specified timeframe that a rule has been submitted for legislative ratification; providing an exemption from legislative ratification for emergency rules; providing requirements for the calculation of estimated regulatory costs; requiring the department to include the agency website on which statements of estimated regulatory costs can be viewed; requiring an agency to take specified actions relating to statements of estimated regulatory costs; creating s. 120.5435, F.S.; defining the term "rule"; requiring agencies, by a specified date and in coordination with the committee, to review specified rules adopted before a specified date; providing for future review and repeal; requiring rules promulgated after a certain date to be reviewed; requiring agencies to include a list of existing rules and a schedule of rules they plan to review each year in a certain regulatory plan; authorizing agencies to amend such schedules under specified circumstances but requiring that at least a specified percentage of an agency's rules be reviewed each year until completion of all reviews; requiring agencies to make specified determinations during rule review; providing that certain determinations are not subject to challenge as a proposed rule; requiring hb433-02-c2 agencies to submit a certain report to the Legislature annually by a specified date; requiring agencies to take one of certain specified actions during rule reviews by a specified date; providing requirements for the agencies in connection with each of the specified actions; requiring the committee to examine agencies' rule review submissions; authorizing the committee to request certain information from such agencies; requiring that such review occur within a specified timeframe under specified conditions; requiring the committee to issue a certain certification upon completion of examinations; specifying circumstances under which rule review is considered completed; requiring the department to publish a certain notice in the Florida Administrative Register; amending s. 120.545, F.S.; requiring the Joint Administrative Procedures Committee to review each rule being reviewed; permitting the committee to review certain material and documents; providing that the committee may examine rules to determine if certain unauthorized provisions are included; amending s. 120.55, F.S.; revising the contents of the Florida Administrative Code to conform to changes made by the act; requiring, after a specified date, that any material incorporated by reference be filed in a hb433-02-c2 specified electronic format with the department; requiring that the Florida Administrative Register contain a certain list; requiring that the full text of emergency rules be published; requiring that the department prescribe coding for certain documents incorporated by reference; amending s. 120.74, F.S.; requiring that regulatory plans submitted by agencies include certain schedules for rule review and certain desired updates to such plans; requiring agencies to take certain actions if the agencies have not completed reviewing a rule; requiring agencies to include information regarding the prior year's licensing practices in their regulatory plan; requiring the Joint Administrative Procedures Committee to submit a consolidated report of the agency licensing data; requiring the Department of State to publish a hyperlink to the licensing data reports; deleting provisions related to deadlines for rule development; deleting deadlines for publishing proposed rules; deleting provisions requiring agencies to file certain certifications with the committee; authorizing agencies to correct a regulatory plan to conclude affected rulemaking proceedings by identifying certain rules; revising the timeframes within which agencies must publish certain notices; hb433-02-c2 conforming provisions to changes made by the act; providing an effective date.

Committee Categories

Tiffany Esposito (R)*,  Toby Overdorf (R)*,  David Borrero (R),  Michelle Salzman (R), 

Other Sponsors (2)

Laid on Table, companion bill(s) passed, see CS/SB 108 (Ch.2025-189) (on 04/29/2025)

Official Document