This bill amends Florida Statutes to clarify the authority of agencies in issuing rules and guidance documents. It establishes that any guidance document or interpretation of a statute issued by an agency without explicit statutory delegation is invalid. Agencies are prohibited from adopting rules or issuing guidance unless they have been expressly granted the authority through specific statutory delegation. Additionally, the bill requires agencies to prepare a statement of estimated regulatory costs for all proposed rules and mandates the publication of materials used to produce these estimates. It also introduces requirements for retrospective cost-benefit analyses and mandates public notification and comment periods during reviews of existing rules.

Moreover, the bill includes provisions for the incorporation of forms and guidance documents by reference in rule notices, requiring that these documents display specific identifying information. It allows for electronic filing of adopted rules and mandates hyperlinks to incorporated materials in the Florida Administrative Code's online publication. The scope for challenging rules is expanded to include guidance documents, enabling affected individuals to seek administrative determinations of validity. The bill also establishes that if an agency fails to comply with regulatory cost statement requirements, the associated rule must be declared invalid. The act is set to take effect on July 1, 2025.

Statutes affected:
S 448 Filed: 120.52, 120.536
S 448 c1: 120.52, 120.536