Bill Summary – FastDemocracy

       Florida Senate - 2021                                     SB 152
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00450-21                                            2021152__
                      A bill to be entitled                      
       An act relating to regulatory reform; creating s.
       14.36, F.S.; establishing the Red Tape Reduction
       Advisory Council within the Executive Office of the
       Governor; providing for membership and terms;
       providing for meetings and organization of the
       council; specifying that members serve without
       compensation; authorizing reimbursement for per diem
       and travel expenses; specifying required activities of
       the council; requiring an annual report; amending s.
       120.52, F.S.; defining terms; amending s. 120.54,
       F.S.; requiring an agency adopting a rule to submit a
       rule replacement request to the Administrative
       Procedures Committee; requiring a rule development or
       adoption notice to include a rule proposed for repeal,
       if necessary to maintain the regulatory baseline;
       providing that a rule repeal necessary to maintain the
       regulatory baseline is effective at the same time as
       the proposed rule; amending s. 120.545, F.S.;
       requiring the committee to examine rule replacement
       requests and existing rules; requiring the committee
       to determine whether a rule replacement request
       complies with certain requirements and whether
       adoption of a rule, other than an emergency rule, will
       exceed the regulatory baseline; creating s. 120.546,
       F.S.; requiring the Administrative Procedures
       Committee to establish a regulatory baseline of agency
       rules; providing that a proposed rule may not cause
       the total number of rules to exceed the regulatory
       baseline; requiring an agency proposing a rule to
       submit a rule replacement request to the committee;
       authorizing an agency to request an exemption under
       certain circumstances; prohibiting the committee from
       approving exemption requests or certain rule
       replacement requests until certain conditions are met;
       requiring an annual report; amending s. 120.55, F.S.;
       requiring the inclusion of certain information and a
       specified report in the Florida Administrative Code;
       amending s. 120.74, F.S.; requiring an agency
       regulatory plan to include identification of certain
       rules; conforming a cross-reference; amending ss.
       120.80, 120.81, 420.9072, 420.9075, and 443.091, F.S.;
       conforming cross-references; providing an effective
       date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1.âSection 14.36, Florida Statutes, is created to
read:
       14.36âRed Tape Reduction Advisory Council.â
       (1)âESTABLISHMENT OF THE COUNCIL.â
       (a)âThe Red Tape Reduction Advisory Council, an advisory
council as defined in s. 20.03(7), is established and
administratively housed within the Executive Office of the
Governor.
       (b)âThe council consists of the following members, who must
be residents of this state:
       1.âFive members appointed by the Governor.
       2.âTwo members appointed by the President of the Senate.
       3.âTwo members appointed by the Speaker of the House of
Representatives.
       (c)âEach member shall be appointed to a 4-year term.
However, for the purpose of achieving staggered terms, the
members initially appointed by the Governor shall each serve a
2-year term. All subsequent appointments shall be for 4-year
terms. A vacancy shall be filled in the same manner as the
original appointment for the remainder of the unexpired term. A
member may be reappointed, except that a member may not serve
more than 8 consecutive years.
       (2)âMEETINGS; ORGANIZATION.â
       (a)âThe members shall elect a chair and a vice chair at the
first meeting of the council.
       (b)âThe first meeting of the council shall be held by
August 1, 2021. Thereafter, the council shall meet at the call
of the chair at least once per quarter, per calendar year.
       (c)âA majority of the members of the council constitutes a
quorum.
       (d)âA member may not receive a commission, fee, or
financial benefit in connection with serving on the council but
may be reimbursed for per diem and travel expenses pursuant to
s. 112.061.
       (3)âSCOPE OF ACTIVITIES.âThe council shall:
       (a)âAnnually review the Florida Administrative Code to
determine whether any rules:
       1.âAre duplicative or obsolete.
       2.âAre especially burdensome to business within the state.
       3.âDisproportionately affect businesses with fewer than 100
employees.
       4.âDisproportionately affect businesses with less than $5
million in annual revenue.

If the council determines that a rule meets at least one of the
criteria in this paragraph and can be repealed or amended with
minimal impact on public health, safety, and welfare, the
council shall recommend repealing or amending the rule.
       (b)âProvide an annual report of the councilâs
recommendations to the Governor, the President of the Senate,
and the Speaker of the House of Representatives and to the
Administrative Procedures Committee for publication in the
Florida Administrative Code.
       Section 2.âPresent subsection (16) of section 120.52,
Florida Statutes, is redesignated as subsection (17), present
subsections (17) through (22) are redesignated as subsections
(19) through (24), respectively, and new subsections (16) and
(18) are added to that section, to read:
       120.52âDefinitions.âAs used in this act:
       (16)ââRegulatory baselineâ means the total number of agency
rules that are in effect on January 1, 2022, as determined by
the committee pursuant to s. 120.546(1).
       (18)ââRule replacement requestâ means a request by an
agency to create a rule after the establishment of the
regulatory baseline by proposing to repeal one or more existing
rules to maintain the regulatory baseline.
       Section 3.âPresent paragraphs (b) through (k) of subsection
(1) of section 120.54, Florida Statutes, are redesignated as
paragraphs (c) through (l), respectively, a new paragraph (b) is
added to that subsection, and paragraph (a) of subsection (2)
and paragraphs (a) and (e) of subsection (3) of that section are
amended, to read:
       120.54âRulemaking.â
       (1)âGENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN
EMERGENCY RULES.â
       (b)âAn agency adopting a rule that would otherwise exceed
the regulatory baseline must submit a rule replacement request
to the committee pursuant to s. 120.546(2).
       (2)âRULE DEVELOPMENT; WORKSHOPS; NEGOTIATED RULEMAKING.â
       (a)âExcept when the intended action is the repeal of a
rule, agencies shall provide notice of the development of
proposed rules by publication of a notice of rule development in
the Florida Administrative Register before providing notice of a
proposed rule as required by paragraph (3)(a). The notice of
rule development shall indicate the subject area to be addressed
by rule development;, provide a short, plain explanation of the
purpose and effect of the proposed rule;, cite the specific
legal authority for the proposed rule; identify the rule or
rules proposed to be repealed, if such repeal is necessary to
maintain the regulatory baseline pursuant to s. 120.546(2);, and
include the preliminary text of the proposed rules, if
available, or a statement of how a person may promptly obtain,
without cost, a copy of any preliminary draft, if available.
       (3)âADOPTION PROCEDURES.â
       (a)âNotices.â
       1.âBefore Prior to the adoption, amendment, or repeal of
any rule other than an emergency rule, an agency, upon approval
of the agency head, shall give notice of its intended action,
setting forth a short, plain explanation of the purpose and
effect of the proposed action; the full text of the proposed
rule or amendment and a summary thereof; a reference to the
grant of rulemaking authority pursuant to which the rule is
adopted; and a reference to the section or subsection of the
Florida Statutes or the Laws of Florida being implemented or
interpreted; and a reference to the rule proposed for repeal, if
such repeal is necessary to maintain the regulatory baseline
pursuant to s. 120.546(2). The notice must include a summary of
the agencyâs statement of the estimated regulatory costs, if one
has been prepared, based on the factors set forth in s.
120.541(2); a statement that any person who wishes to provide
the agency with information regarding the statement of estimated
regulatory costs, or to provide a proposal for a lower cost
regulatory alternative as provided by s. 120.541(1), must do so
in writing within 21 days after publication of the notice; and a
statement as to whether, based on the statement of the estimated
regulatory costs or other information expressly relied upon and
described by the agency if no statement of regulatory costs is
required, the proposed rule is expected to require legislative
ratification pursuant to s. 120.541(3). The notice must state
the procedure for requesting a public hearing on the proposed
rule. Except when the intended action is the repeal of a rule,
the notice must include a reference both to the date on which
and to the place where the notice of rule development that is
required by subsection (2) appeared.
       2.âThe notice shall be published in the Florida
Administrative Register not less than 28 days before prior to
the intended action. The proposed rule shall be available for
inspection and copying by the public at the time of the
publication of notice.
       3.âThe notice shall be mailed to all persons named in the
proposed rule and to all persons who, at least 14 days before
prior to such mailing, have made requests of the agency for
advance notice of its proceedings. The agency shall also give
such notice as is prescribed by rule to those particular classes
of persons to whom the intended action is directed.
       4.âThe adopting agency shall file with the committee, at
least 21 days before prior to the proposed adoption date, a copy
of each rule it proposes to adopt; a copy of any material
incorporated by reference in the rule; a detailed written
statement of the facts and circumstances justifying the proposed
rule; a copy of any statement of estimated regulatory costs that
has been prepared pursuant to s. 120.541; a statement of the
extent to which the proposed rule relates to federal standards
or rules on the same subject; and the notice required by
subparagraph 1.
       (e)âFiling for final adoption; effective date.â
       1.âIf the adopting agency is required to publish its rules
in the Florida Administrative Code, the agency, upon approval of
the agency head, shall file with the Department of State three
certified copies of the rule it proposes to adopt; one copy of
any material incorporated by reference in the rule, certified by
the agency; a summary of the rule; a summary of any hearings
held on the rule; and a detailed written statement of the facts
and circumstances justifying the rule. Agencies not required to
publish their rules in the Florida Administrative Code shall
file one certified copy of the proposed rule, and the other
material required by this subparagraph, in the office of the
agency head, and such rules shall be open to the public.
       2.âA rule may not be filed for adoption less than 28 days
or more than 90 days after the notice required by paragraph (a),
until 21 days after the notice of change required by paragraph
(d), until 14 days after the final public hearing, until 21 days
after a statement of estimated regulatory costs required under
s. 120.541 has been provided to all persons who submitted a
lower cost regulatory alternative and made available to the
public, or until the administrative law judge has rendered a
decision under s. 120.56(2), whichever applies. When a required
notice of change is published before prior to the expiration of
the time to file the rule for adoption, the period during which
a rule must be filed for adoption is extended to 45 days after
the date of publication. If notice of a public hearing is
published before prior to the expiration of the time to file the
rule for adoption, the period during which a rule must be filed
for adoption is extended to 45 days after adjournment of the
final hearing on the rule, 21 days after receipt of all material
authorized to be submitted at the hearing, or 21 days after
receipt of the transcript, if one is made, whichever is latest.
The term âpublic hearingâ includes any public meeting held by
any agency at which the rule is considered. If a petition for an
administrative determination under s. 120.56(2) is filed, the
period during which a rule must be filed for adoption is
extended to 60 days after the administrative law judge files the
final order with the clerk or until 60 days after subsequent
judicial review is complete.
       3.âAt the time a rule is filed, the agency shall certify
that the time limitations prescribed by this paragraph have been
complied with, that all statutory rulemaking requirements have
been met, and that there is no administrative determination
pending on the rule.
       4.âAt the time a rule is filed, the committee shall certify
whether the agency has responded in writing to all material and
timely written comments or written inquiries made on behalf of
the committee. The department shall reject any rule that is not
filed within the prescribed time limits; that does not comply
with all statutory rulemaking requirements and rules of the
department; upon which an agency has not responded in writing to
all material and timely written inquiries or written comments;
upon which an administrative determination is pending; or which
does not include a statement of estimated regulatory costs, if
required.
       5.âIf a rule has not been adopted within the time limits
imposed by this paragraph or has not been adopted in compliance
with all statutory rulemaking requirements, the agency proposing
the rule shall withdraw the rule and give notice of its action
in the next available issue of the Florida Administrative
Register.
       6.âThe proposed rule shall be adopted on being filed with
the Department of State and become effective 20 days after being
filed, on a later date specified in the notice required by
subparagraph (a)1., on a date required by statute, or upon
ratification by the Legislature pursuant to s. 120.541(3). Rules
not required to be filed with the Department of State shall
become effective when adopted by the agency head, on a later
date specified by rule or statute, or upon ratification by the
Legislature pursuant to s. 120.541(3). If the committee notifies
an agency that an objection to a rule is being considered, the
agency may postpone the adoption of the rule to accommodate
review of the rule by the committee. When an agency postpones
adoption of a rule to accommodate review by the committee, the
90-day period for filing the rule is tolled until the committee
notifies the agency that it has completed its review of the
rule.
       7.âIf a rule must be repealed to maintain the regulatory
baseline pursuant to s. 120.546(2), the repeal shall take effect
at the same time as the proposed rule takes effect.

For the purposes of this paragraph, the term âadministrative
determinationâ does not include subsequent judicial review.
       Section 4.âSubsection (1) of section 120.545, Florida
Statutes, is amended to read:
       120.545âCommittee review of agency rules.â
       (1)âAs a legislative check on legislatively created
authority, the committee shall examine each proposed rule,
except for those proposed rules exempted by s. 120.81(1)(e) and
(2), and its accompanying material, including, but not limited
to, the rule replacement request, and each emergency rule, and,
every 4 years, each ma