House Bill 305 amends Florida Statutes to enhance the authority and accountability of agencies in the rulemaking process. The bill stipulates that any guidance document or statement interpreting a statute without explicit statutory delegation is deemed an invalid exercise of legislative authority. Agencies are prohibited from adopting rules or issuing guidance documents unless they have been expressly granted the power to do so. Additionally, the bill mandates that agencies prepare a statement of estimated regulatory costs for proposed rules and conduct a retrospective cost-benefit analysis for each adopted rule after four years. It also introduces new requirements for the publication of information in the Florida Administrative Code, including effective and expiration dates of rules, and establishes a process for the expiration and readoption of rules.

Significantly, the bill establishes an eight-year expiration period for all rules adopted by an agency unless they are readopted through the established process. It allows parties subject to enforcement actions to challenge the validity of rules or guidance documents based on the agency's lack of statutory authority. The bill also requires agencies to conduct public reviews of rules, including notifying the public and holding comment periods. The Department of State is tasked with updating the Florida Administrative Code to remove expired rules and provide historical notes on their expiration. The act is set to take effect on July 1, 2025.

Statutes affected:
H 305 Filed: 120.536, 120.545