This bill amends Florida Statutes concerning administrative procedures, particularly the authority of state agencies to issue rules and guidance documents. It stipulates that any guidance document or interpretation of a statute issued by an agency 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 through specific statutory delegation. Additionally, the bill mandates that agencies prepare a statement of estimated regulatory costs for all proposed rules and requires that the materials used for these estimates be made publicly accessible. It also introduces requirements for retrospective cost-benefit analyses and assessment reports for certain rules, which must be conducted four and eight years after a rule's effective date.

Furthermore, the bill enhances the process for challenging rules and guidance documents by allowing any person substantially affected to seek an administrative determination of validity. It emphasizes that the provisions apply equally to both rules and guidance documents and mandates that agency-created forms incorporated by reference in rule notices display specific identifying information. The bill establishes new grounds for challenging rules, particularly regarding the preparation and availability of regulatory cost statements, and outlines the process for filing petitions and the burden of proof for both petitioners and agencies. If an administrative law judge finds that an agency has materially failed to comply with these requirements, the 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