SB 108 — Administrative Procedures

requiring agencies to notify the committee within a specified timeframe that a rule has been submitted for legislative Page 4 of 50 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1submitted for legislative ratification;

providing anthat exemptionif froma legislativeproposed ratificationrule foris emergencynot rules;ratified within a specified timeframe, the agency must withdraw such rule and the agency may initiate rulemaking again, or must initiate rulemaking again under a specified condition;

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;

requiring the rules ombudsman of the Executive Office of the Governor to prescribe and post on a publicly accessible website a specified form;

requiring agencies to use such form;

defining the term “rule”;

providingdefining forthe futureterm review“rule”; and repeal;

requiring rules promulgated after a certain date to be reviewed;

requiring agencies to take one of Pagecertain 5specified ofactions 50during CODING:rule reviews by a specified date;

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 certain specified actions during rule reviews by a specified date;

requiring the committeePage to4 issue a certain certification upon completion of examinations;38 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 108 595-02327-25 2025108c1 committee to issue a certain certification upon completion of examinations;

requiring the department to adopt rules before a specified date;

providing for future review and repeal;

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.

requiring that the full text of emergency rules be published;

requiring that Pageregulatory 6plans ofsubmitted 50by CODING:agencies include certain schedules for rule review and certain desired updates to such plans;

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 regulatory plans submitted by agencies include certain schedules for rule review and certain desired updates to such plans;

requiring theOffice committeeof Program Policy Analysis and Government Accountability to submit a consolidated report of the agency licensing data;

deletingPage provisions5 requiringof agencies38 toCODING: file certain certifications with the committee;

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 108 595-02327-25 2025108c1 deleting provisions requiring agencies to file certain certifications with the committee;

SubsectionsPresent subsections (20), (21), and (22) of section 120.52, Florida Statutes, are renumberedredesignated as subsections (21), (22), and (23), respectively, and a new subsection (20) is added to that section, to read:

(20) “Technical change” means a change limited to acorrecting rulecitations or agrammatical, statementtypographical, ofor estimatedsimilar regulatoryerrors cost that isdo limitednot toaffect Pagethe 7substance of 50the CODING:rule.

Section 2.

Paragraphs (b) and (i) of subsection (1), paragraph (a) of subsection (2), paragraphs (a), (b), (d), and (e) of subsection (3), subsection (4), and paragraph (a) of subsection (7) of section 120.54, Florida Statutes, are amended to read:

120.54 Rulemaking.— (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN EMERGENCY RULES.— (b) Whenever an act of the Legislature is enacted which requires implementation of the act by rules of an agency within the executive branch of state government, the agency must Page 6 of 38 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1publish correctinga citationsnotice orof grammatical,intended typographical,agency oraction similarsuch errorsrules thatshall dobe notdrafted affectand formally proposed as provided in this section within 90 days after the substanceeffective date of the ruleact orgranting statement.rulemaking authority within the times provided in s.

Section 2.

Subsection (5) is added to section 120.536, Florida Statutes, to read:

120.536 Rulemaking authority;

repeal;

challenge.— (5) Unless otherwise expressly authorized by law, a rule may not include a provision whereby the entire rule, or a provision thereof, automatically expires or is repealed on a specific date or at the end of a specified period.

Section 3.

Paragraphs (b) and (i) of subsection (1), paragraphs (a), (c), and (d) of subsection (2), paragraphs (a), (b), (d), and (e) of subsection (3), subsection (4), and paragraph (a) of subsection (7) of section 120.54, Florida Statutes, are amended to read:

120.54 Rulemaking.— (1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN EMERGENCY RULES.— (b) Whenever an act of the Legislature is enacted which requires implementation of the act by rules of an agency within the executive branch of state government, the agency must publish a notice of rule development such rules shall be drafted and formally proposed as provided in this section within 30 days after the effective date of the law that requires rulemaking and provides a grant of rulemaking authority the times provided in s.

For purposes of the rule, changes in the material are not effective Pageunless 8the ofrule 50is CODING:amended to incorporate the changes.

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 unless the rule is amended to incorporate the changes.

The agency has determined that posting the material on the Internet for purposes of public examination and inspection would constitute a violation of federal copyright law, in which case a statement to that effect, along with the addresses address of the locations at the Department of State and the agency at which the material is available for public inspection andPage examination,7 mustof be38 includedCODING: in the notice required by subparagraph (3)(a)1.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 108 595-02327-25 2025108c1 and examination, must be included in the notice required by subparagraph (3)(a)1.

The material has been submitted in the prescribed electronic format to the Department of State and the full text of the material, in a text-searchable format, can be made Pageavailable 9for offree 50public CODING:access through an electronic hyperlink from the rule making the reference in the Florida Administrative Register;

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 available for free public access through an electronic hyperlink from the rule making the reference in the Florida Administrative Register;

5.4.5.

Notwithstanding any contrary provision in this section, when an adopted rule of the Department of Environmental Protection or a water management district is incorporated by reference in the other agency’s rule to implement a provision of part IV of chapter 373, subsequent amendments to the rule are not effective as to the incorporating rule unless the agency incorporating by reference notifies the committee and the Department of State of its intent to adopt the subsequent amendment, publishes notice of such intent in the Florida AdministrativePage Register,8 and files with the Department of State38 aCODING: copy of the amended rule incorporated by reference.

Changes in the rule incorporated by reference are effective as to the other agency 20 days after the date of the published notice and filing with the Department of State.

The Department of State shall amend the history note of the incorporating rule to show the effective date of such change.

Any substantially affected person Page 10 of 50 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1Administrative may,Register, withinand 14files dayswith after the dateDepartment of publicationState ofa thecopy notice of intent in the Floridaamended Administrativerule Register,incorporated fileby anreference. objection to rulemaking with the agency.

Changes in the rule incorporated by reference are effective as to the other agency 20 days after the date of the published notice and filing with the Department of State.

The Department of State shall amend the history note of the incorporating rule to show the effective date of such change.

Any substantially affected person may, within 14 days after the date of publication of the notice of intent in the Florida Administrative Register, file an objection to rulemaking with the agency.

If an agency updates or makes a change to a document that the agency created and which is incorporated by reference pursuant to paragraph (3)(a) or subparagraph (3)(e)1., the update or change must be coded by underlining new text and striking through deleted text.

NEGOTIATED RULEMAKING.— (a)1.(a) 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 Page 9 of 38 CODING:

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 at least 7 days before providing notice of a proposed rule as required by paragraph (3)(a).

The notice of rule development must:

a.

shall Indicate the subject area to be addressed by rule development., b.

Provide a short, plain explanation of the purpose and effect of the proposed rule., c.

Cite the grant of rulemaking authority for the proposed Page 11 of 50 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1proposed rule andas therequired lawby beingparagraph implemented.(3)(a).

The notice of rule development must 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, and d.include the preliminary text of the proposed rules and incorporated documents, if available, or a statement of how a person may promptly obtain, without cost, a copy of any preliminary draft, if available.

Include the proposed rule number and, if available, either the preliminary text of the proposed rule and any incorporated documents rules, if available, or a statement of how a person may promptly obtain, without cost, a copy of any preliminary draft of such rule or documents, if available.

2.

A notice of a proposed rule must be published in the Florida Administrative Register within 180 days after the most recent notice of rule development, unless the Legislature expressly provides a different date.

The agency may only exceed this timeframe if it submits to the committee, at least 7 business days before the end of the 180-day timeframe, a concise statement that identifies the reasons for the delay in rulemaking.

The agency must update this statement each quarter thereafter until it has filed a notice of proposed rule in the applicable matter.

(c) An agency may hold public workshops for purposes of rule development or information gathering for the preparation of the statement of estimated regulatory costs.

An agency must hold public workshops, including workshops in various regions of the state or the agency’s service area, for purposes of rule development if requested in writing by any affected person, unless the agency head explains in writing why a workshop is unnecessary.

The explanation is not final agency action subject to review pursuant to ss.

120.569 and 120.57.

The failure to provide the explanation when required may be a material error in procedure pursuant to s.

120.56(1)(c).

When a workshop or public hearing is held, the agency must ensure that the persons Page 12 of 50 CODING:

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 responsible for preparing the proposed rule and the statement of estimated regulatory costs, if applicable, are available to explain the agency’s proposal and to respond to questions or comments regarding the rule being developed.

The workshop may be facilitated or mediated by a neutral third person, or the agency may employ other types of dispute resolution alternatives for the workshop that are appropriate for rule development.

Notice of a workshop for rule development or for information gathering for the preparation of a statement of estimated regulatory costs must workshop shall be by publication in the Florida Administrative Register not less than 14 days before prior to the date on which the workshop is scheduled to be held and must shall indicate the subject area that which will be addressed;

the agency contact person;

and the place, date, and time of the workshop.

(d)1.

An agency may use negotiated rulemaking in developing and adopting rules.

The agency should consider the use of negotiated rulemaking when complex rules are being drafted or strong opposition to the rules is anticipated.

The agency should consider, but is not limited to considering, whether a balanced committee of interested persons who will negotiate in good faith can be assembled, whether the agency is willing to support the work of the negotiating committee, and whether the agency can use the group consensus as the basis for its proposed rule.

Negotiated rulemaking uses a committee of designated representatives to draft a mutually acceptable proposed rule.

2.

An agency that chooses to use the negotiated rulemaking process described in this paragraph shall publish in the Florida Administrative Register a notice of negotiated rulemaking that Page 13 of 50 CODING:

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 includes a listing of the representative groups that will be invited to participate in the negotiated rulemaking process.

Any person who believes that his or her interest is not adequately represented may apply to participate within 30 days after publication of the notice.

All meetings of the negotiating committee must shall be noticed and open to the public pursuant to the provisions of this chapter.

The negotiating committee shall be chaired by a neutral facilitator or mediator.

3.

The agency’s decision to use negotiated rulemaking, its selection of the representative groups, and approval or denial of an application to participate in the negotiated rulemaking process are not agency action.

Nothing in This subparagraph is not intended to affect the rights of a substantially an affected person to challenge a proposed rule developed under this paragraph in accordance with s.

120.56(2).

Before Prior to the adoption, amendment, or repeal of any rule other than an emergency rule, an agency shall, upon approval of the agency head, shall give notice of its intended action.action, setting forth a short, plain explanation of the purpose and effect of the proposed action;

The notice must include the following:,rule a.number;

settingthe forthfull Atext short, plain explanation of the purposeproposed andrule effector ofamendment theand proposeda action.;summary thereof;

b.a reference to the grant of rulemaking authority pursuant to which the rule is adopted;

Theand proposeda rulereference number.to the section or subsection of the Florida Statutes or the Laws of Florida being implemented or interpreted;

c.and the name, e-mail address, and telephone number of the agency employee who may be contacted regarding the intended action.

The fullnotice textmust include a summary of the proposedagency’s rulestatement orof amendmentthe andestimated aregulatory summarycosts, thereof.;if one has been prepared, based on the factors set forth in s.

d.120.541(2);

Aa referencestatement that any person who wishes to provide the grantagency with information regarding the statement of rulemakingestimated authorityregulatory pursuantcosts, or to whichprovide thea ruleproposal isfor adopted.;a lower cost regulatory alternative as provided by s.

and120.541(1), e.must do so Page 10 of 38 CODING:

A reference to the section or subsection of the Florida Page 14 of 50 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1in Statuteswriting orwithin the21 Lawsdays ofafter Floridapublication beingof implementedthe ornotice; interpreted.

f.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.

The name, e-mail address, and telephone number of the agency employee who may be contacted regarding the intended action.

The notice must include g.

A concise summary of the agency’s statement of the estimated regulatory costs, if one has been prepared, based on the factors set forth in s.

120.541(2) that describes the regulatory impact of the rule in readable language.

h.

An agency website address where the statement of estimated regulatory costs can be viewed in its entirety, if one has been prepared.;

i.

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 j.

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.

k.The notice must state the procedure for requesting a public hearing on the proposed rule.

A description of the notice must state the procedure for requesting a public hearing on the proposed rule.

l.

The notice must shall be published in the Florida PageAdministrative 15Register at least 7 days after the notice of 50rule CODING:development and at least not less than 28 days before prior to the intended action.

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 Administrative Register at least 7 days after the notice of rule development and at least not less than 28 days before prior to the intended action.

Material proposed to be incorporated by reference in the notice required by this paragraph must be made available in the manner prescribed by sub-subparagraph (1)(i)3.a.

or sub-sub-subparagraph subparagraph (1)(i)3.b.

The notice must shall be mailed or delivered electronically to all persons named in the proposed rule and mailed or delivered electronically to all persons who,who have made, at least 14 days before publication of the notice prior to such mailing,mailing or delivery, have made requests of the agency for advance notice of its proceedings.

The adopting agency shall file with the committee, at leastPage 2111 days before prior to the proposed adoption date, a copy of each38 ruleCODING: it proposes to adopt;

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 108 595-02327-25 2025108c1 least 21 days before prior to the proposed adoption date, a copy of each rule it proposes to adopt;

If any of the informationinformation, thatother than substantive changes to the rule text, which is required to be included in the notice under subparagraph 1.,1. other than Page 16 of 50 CODING:

Wordsis strickenomitted areor deletions;is incorrect, the agency must publish a notice of correction in the Florida Administrative Register at least 7 days before the intended agency action.

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 substantive changes to the rule text, is omitted or is incorrect, the agency must publish a notice of correction in the Florida Administrative Register at least 7 days before the intended agency action.

Statement of estimated regulatory costs.—Before the adoption, amendment, or repeal of any rule,rule other than an emergency rule, an agency is encouraged to prepare a statement of estimated regulatory costs of the proposed rule, as provided by s.

The proposed rule is likely to directly or indirectly increasePage regulatory12 costs in excess of $200,00038 inCODING: the aggregate in this state within 1 year after the implementation of the rule.

The agency must make available any information created or used by the agency in determining whether a proposed rule meets the factors listed in sub-subparagraphs a.

and b.

and such information shall be a part of the rulemaking record.

The agency must consider in this determination the factors outlined in s.

120.541(2);

however, the agency is not required to estimate the proposed rule’s impact to these factors as part of this Page 17 of 50 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1increase determination.regulatory costs in excess of $200,000 in the aggregate in this state within 1 year after the implementation of the rule.

(IV) Establishing performance standards or best management practices to replace design or operational standards in the Page 1813 of 5038 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1(IV) Establishing performance standards or best management practices to replace design or operational standards in the rule.

b.(I) If the agency determines that the proposed action will affect small businesses as defined by the agency as provided in sub-subparagraph a., the agency must shall send written notice of the rule to the rules ombudsman in the Executive Office of the Governor at least 28 days before the intended action.

(III) If an agency does not adopt all alternatives offered pursuant to this sub-subparagraph, it must shall, before rule adoption or amendment and pursuant to subparagraph (d)1., file a detailedPage written14 statementof with38 theCODING: committee explaining the reasons for failure to adopt such alternatives.

Within 3 working Page 19 of 50 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1detailed dayswritten afterstatement with the filingcommittee ofexplaining such notice, the agencyreasons shallfor sendfailure ato copyadopt of such noticealternatives. to the rules ombudsman in the Executive Office of the Governor.

Within 3 working days after the filing of such notice, the agency shall send a copy of such notice to the rules ombudsman in the Executive Office of the Governor.

After the final public hearing on the proposed rule, or after the time for requesting a hearing has expired, if the proposed rule has not been changed from the rule as previously filed with the committee, or contains only technical changes, the adopting agency must shall file a notice to that effect with the committee at least 7 days before prior to filing the proposed rule for adoption.

Any change, other than a technical change that does not affect the substance of the rule, must be supported by the record of public hearings held on the proposed rule, must be in response to written material submitted to the agency within 21 days after the date of publication of the notice of intended agency action or submitted to the agency between the date of publication of the notice and the end of the final public hearing, or must be in response to a proposed objection by the committee.

AnyIn change,addition, when any change is made in a proposed rule, other than a technical change, tothe aadopting statementagency ofshall estimatedprovide regulatorya costscopy requiresof a notice of change.change by certified mail or actual delivery to any person who requests it in writing no later than 21 days after the notice required in paragraph (a).

InThe addition,agency whenshall anyfile change,the othernotice thanof achange technicalwith change,the tocommittee, isalong madewith inthe areasons proposedfor rulethe text or any material incorporated by reference requires, other than a technical change, theand adopting agency to shall provide athe copy of a notice of change by certified mail or actual delivery to anypersons personrequesting whoit, requestsat itleast in writing no later than 21 days afterbefore theprior noticeto requiredfiling inthe paragraphrule (a).for adoption.

The agency shall file the notice of change withmust theshall committee,be alongpublished within the reasons for the change, and provide the notice of change to persons Page 2015 of 5038 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1the requestingFlorida it,Administrative Register at least 21 days before prior to filing the rule for adoption.

The notice of change must shall be published in the Florida Administrative Register at least 21 days before prior to filing the proposed rule for adoption.

The notice of change must include a summary of any revision to the statement of estimated regulatory costs required by s.

120.541(1)(c).

Material proposed to be incorporated by reference in the notice ofrequired changeby this subparagraph must be made available in the manner prescribed by sub-subparagraph (1)(i)3.a.

and include a summary of substantive revisions to any material proposed to be incorporated by reference in the proposed rule.

After the notice required by paragraph (a) and before prior to adoption, the agency may withdraw the proposed rule in whole or in part.

After the notice required by paragraph (a), the agency must withdraw the proposed rule if the agency has either failed to adopt it within the prescribed timeframes in this chapter or failed to submit the concise statement required under subparagraph (2)(a)2.

If, 30 days after notice by the committee that the agency has failed to either adopt the proposed rule within the prescribed timeframes in this chapter or submit the required statement, the agency has not given notice of the withdrawal of the proposed rule, the committee must notify the Department of State that the date for adoption of the rule or submission of the required statement has expired, and the Department of State must publish a notice of withdrawal of the proposed rule.

Within 30 days after the withdrawal, the agency Page 21 of 50 CODING:

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 must initiate rulemaking again if the mandatory grant of rulemaking authority the agency relied upon as authority to pursue the original rule action is still in effect at the time of the original rule’s withdrawal.

4.3.

If the rule requires ratification, when more than 90 days have passed since the rule was filed for adoption without the Legislature does not ratify ratifying the rule by the adjournment sine die of the regular session immediately following the timely filing for adoption of the rule, in which case the rule must may be withdrawn, and within 90 days after adjournment sine die, the agency:

(I) May initiate rulemaking again by publishing the notice required by paragraphs. (3)(a);

or120.54(3)(a); (II) Must initiate rulemaking again by publishing the notice required by paragraph (3)(a), if the mandatory grant of rulemaking authority the agency relied upon as authority to pursue the original rule action is still in effect at the time of the original rule’s withdrawal but may not be modified;

or d.(II) Must initiate rulemaking again by publishing the notice required by s.

When120.54(3)(a), theif committee notifies the agencymandatory thatgrant anof objectionPage to16 theof rule38 isCODING: being considered, in which case the rule may be modified to extend the effective date by not more than 60 days.

Page 22 of 50 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1rulemaking 5.4.authority the agency relied upon as authority to pursue the original rule action is still in effect at the time of the original rule’s withdrawal but may not be modified;

or d.

When the committee notifies the agency that an objection to the rule is being considered, in which case the rule may be modified to extend the effective date by not more than 60 days.

4.

6.5.5.

7.

The committee must, within 15 days after the end of each calendar quarter, compile and post on its website a list of each failure by an agency to file a notice of proposed rule within the timeframe prescribed by subparagraph (2)(a)2.

that has occurred within the last quarter.

The committee’s list must provide the following:

a.

The name of the agency that failed to timely file a notice of proposed rule.

b.

The website address where the relevant notice of rule development may be found.

c.

A citation to the applicable grant of rulemaking authority for the proposed rule and the law being implemented.

d.

If the timeframe for filing a notice of proposed rule prescribed in subparagraph (2)(a)2.

has been exceeded but a notice of proposed rule has not been filed, the length of time since the filing of the notice of rule development.

e.

If the timeframe for filing a notice of proposed rule in subparagraph (2)(a)2.

has been exceeded and a notice of proposed rule has been filed, the length of time between the agency Page 23 of 50 CODING:

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 filing the notice of rule development and the filing of the notice of proposed rule.

f.

A copy of the agency’s concise statement required under subparagraph (2)(a)2.

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 mustPage shall17 beof open38 toCODING: the public.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 108 595-02327-25 2025108c1 must shall be open to the public.

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 Pagea 24rule ofmust 50be CODING:filed for adoption is extended to 45 days after the date of publication.

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 a rule must be filed for adoption is extended to 45 days after the date of publication.

At the time a rule is filed, the agency shall certify that the time limitations prescribed by this paragraph have been compliedPage with,18 thatof all38 statutoryCODING: rulemaking requirements have been met, and that there is no administrative determination pending on the rule.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 108 595-02327-25 2025108c1 complied with, that all statutory rulemaking requirements have been met, and that there is no administrative determination pending on the rule.

or which Pagedoes 25not include a statement of 50estimated CODING:regulatory costs, if required.

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 does not include a statement of estimated regulatory costs, if required.

If thePage committee19 notifies an agency that an objection to a rule is being considered, the agency may postpone the adoption of the38 ruleCODING: 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.

For the purposes of this paragraph, the term “administrative determination” does not include subsequent judicial review.

(4) EMERGENCY RULES.— (a) If an agency finds that an immediate danger to the Page 26 of 50 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1 public health, safety, or welfare requires emergency action, or if the Legislaturecommittee authorizesnotifies thean agency to adopt emergency rules and finds that allan conditionsobjection specifiedto ina thisrule paragraphis arebeing met,considered, the agency may,may withinpostpone the authorityadoption grantedof to the agencyrule under the State Constitution or delegated to itaccommodate byreview of the Legislature, adopt any rule necessitated by the immediatecommittee. danger or legislative finding.

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.

For the purposes of this paragraph, the term “administrative determination” does not include subsequent judicial review.

(4) EMERGENCY RULES.— (a) If an agency finds that an immediate danger to the public health, safety, or welfare requires emergency action, or if the Legislature authorizes the agency to adopt emergency rules and finds that all conditions specified in this paragraph are met, the agency may, within the authority granted to the agency under the State Constitution or delegated to it by the Legislature, adopt any rule necessitated by the immediate danger or legislative finding.

The agency publishes in writing at the time of, or prior to, its action the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare and its reasons for concluding that the procedure used is fair under thePage circumstances.20 of 38 CODING:

In any event, notice of emergency rules, other than those of educational units or units of government with jurisdiction in only one or a part of one county, including the full text of the rules and the agency’s findings of immediate danger, necessity, and procedural fairness or a citation to the grant of emergency rulemaking authority, must shall be published in the first available issue of the Florida Administrative Register and provided to the committee along with any material incorporated by reference in the rules.

The agency’s findings of immediate danger, necessity, and procedural fairness are shall be judicially reviewable.

(b) Rules pertaining to the public health, safety, or Page 27 of 50 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1 welfare must shall include rules pertaining to perishable agricultural commodities or rules pertaining to the interpretationcircumstances. and implementation of the requirements of chapters 97-102 and chapter 105 of the Election Code.

In any event, notice of emergency rules, other than those of educational units or units of government with jurisdiction in only one or a part of one county, including the full text of the rules and the agency’s findings of immediate danger, necessity, and procedural fairness or a citation to the grant of emergency rulemaking authority, must, shall be published in the first available issue of the Florida Administrative Register and provided to the committee along with any material incorporated by reference in the rules.

The agency’s findings of immediate danger, necessity, and procedural fairness are shall be judicially reviewable.

(b) Rules pertaining to the public health, safety, or welfare must shall include rules pertaining to perishable agricultural commodities or rules pertaining to the interpretation and implementation of the requirements of chapters 97-102 and chapter 105 of the Election Code.

2.Page 21 of 38 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 108 595-02327-25 2025108c1 2.

(e) For emergency rules with an effective period greater than 90 days which are intended to replace existing rules, a note must be added to the history note of the existing rule which specifically identifies the emergency rule that is Pageintended 28to ofsupersede 50the CODING:existing rule and includes the date that the emergency rule was filed with the Department of State.

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 intended to supersede the existing rule and includes the date that the emergency rule was filed with the Department of State.

The reason for adopting the superseding rule must be stated in accordance with the procedures set forth in paragraph (a).(a), and the superseding rule is in effect during the effective period of the superseded rule.

The superseding rule may not be in effect longer than the duration of the effective period of the superseded rule.

(i)(d)(i) Subject to applicable constitutional and statutory provisions, an emergency rule becomes effective immediately on filing, or on a date less than 20 days thereafter if specified inPage the22 rule, if the adopting agency finds that such effective date is necessary because of immediate38 dangerCODING: to the public health, safety, or welfare.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 108 595-02327-25 2025108c1 in the rule, if the adopting agency finds that such effective date is necessary because of immediate danger to the public health, safety, or welfare.

(7) PETITION TO INITIATE RULEMAKING.— Page(a) 29Any ofperson 50regulated CODING:by an agency or having substantial interest in an agency rule may petition an agency to adopt, amend, or repeal a rule or to provide the minimum public information required by this chapter.

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 (a) Any person regulated by an agency or having substantial interest in an agency rule may petition an agency to adopt, amend, or repeal a rule or to provide the minimum public information required by this chapter.

Section 4.3.

Paragraph (a) of subsection (1) and subsectionssubsection (2) and (3) of section 120.541, Florida Statutes, are amended, paragraphand (d) is added to subsection (4),(4) andof subsectionsthat (6)section andis (7)reenacted, are added to that section, to read:

120.54(3)(a), a substantially affected person mayPage submit23 to an agency a good faith written proposal for a lower cost regulatory alternative to a proposed rule which substantially accomplishes the objectives of the38 lawCODING: being implemented.

The proposal may include the alternative of not adopting any rule if the proposal explains how the lower costs and objectives of the law will be achieved by not adopting any rule.

If submitted after a notice of change, a proposal for a lower cost regulatory alternative is deemed to be made in good faith only if the person reasonably believes, and the proposal states the person’s reasons for believing that the proposed Page 30 of 50 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1may rule,submit asto changedan byagency thea noticegood offaith change,written increasesproposal thefor regulatorya costslower orcost createsregulatory analternative adverseto impacta onproposed smallrule businesses which wassubstantially notaccomplishes createdthe byobjectives of the previouslylaw proposedbeing rule.implemented.

The proposal may include the alternative of not adopting any rule if the proposal explains how the lower costs and objectives of the law will be achieved by not adopting any rule.

If submitted after a notice of change, a proposal for a lower cost regulatory alternative is deemed to be made in good faith only if the person reasonably believes, and the proposal states, the person’s reasons for believing that the proposed rule as changed by the notice of change increases the regulatory costs or creates an adverse impact on small businesses which was not created by the previously proposed rule.

(2)(3) AIf statementthe ofadverse estimatedimpact or regulatory costs of the rule exceed any of the criteria established in paragraph (2)(a), the rule must shall include:be submitted to the President of the Senate and Page 24 of 38 CODING:

(a) An economic analysis showing whether the rule directly or indirectly:

1.

Is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule;

2.

Is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the Page 31 of 50 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1Speaker implementationof the House of Representatives no later than 30 days before prior to the rule;next regular legislative session, and the rule may not take effect until it is ratified by the Legislature.

or 3.

Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule.

(b) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule.

(c) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues.

(d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the rule.

As used in this section, “transactional costs” are direct costs that are readily ascertainable by the agency based upon standard business practices, and may include:

1.

Filing fees.

2.

Expenses to obtain a license.

3.

Necessary equipment.

4.

Installation, utilities for, and maintenance of necessary equipment.

5.

Necessary operations or procedures.

6.

Accounting, financial, information management, and other administrative processes.

7.

Labor, based on relevant wages, salaries, and benefits.

8.

Materials and supplies.

9.

Capital expenditures, including financing costs.

Page 32 of 50 CODING:

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 10.

Professional and technical services, including contracted services necessary to implement and maintain compliance.

11.

Monitoring and reporting.

12.

Qualifying and recurring education, training, and testing.

13.

Travel.

14.

Insurance and surety requirements.

15.

A fair and reasonable allocation of administrative costs and other overhead.

16.

Reduced sales or other revenue.

17.

Other items suggested by the rules ombudsman in the Executive Office of the Governor or by any interested person, business organization, or business representative filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, the cost of monitoring and reporting, and any other costs necessary to comply with the rule.

(e) An analysis of the impact on small businesses as defined by s.

288.703, and an analysis of the impact on small counties and small cities as defined in s.

120.52.

The impact analysis for small businesses must include the basis for the agency’s decision not to implement alternatives that would reduce adverse impacts on small businesses.

(f) In evaluating the impacts described in paragraphs (a) and (e), an agency must include, if applicable, the market impacts likely to result from compliance with the proposed rule, including:

Page 33 of 50 CODING:

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 1.

Changes to customer charges for goods or services.

2.

Changes to the market value of goods or services produced, provided, or sold.

3.

Changes to costs resulting from the purchase of substitute or alternative goods or services.

4.

The reasonable value of time to be spent by owners, officers, operators, and managers to understand and comply with the proposed rule, including, but not limited to, time to be spent completing requiring education, training, or testing.

(g) Any additional information that the agency determines may be useful.

(h)(g) In the statement or revised statement, whichever applies, a description of any regulatory alternatives submitted under paragraph (1)(a) and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule.

(3) If the adverse impact or regulatory costs of the rule exceed any of the criteria established in paragraph (2)(a), the rule must shall be submitted to the President of the Senate and Speaker of the House of Representatives no later than 30 days before prior to the next regular legislative session, and the rule may not take effect until it is ratified by the Legislature.

If the proposed rule is not ratified during the next regular legislative session, the agency must withdraw the rule, and within 90 days after adjournment sine die of that legislative session:

(a) May initiate rulemaking again by publishing the notice required by s.

120.54(3)(a);

or (b) Must initiate rulemaking by publishing the notice required by s.

120.54(3)(a), if the mandatory grant of rulemaking authority the agency relied on as authority to initiate the original rulemaking is still in effect at the time of the original rule’s withdrawal.

(d)(a) EmergencyFederal rulesstandards adopted pursuant to s.

120.54(4).120.54(6).

(6)(a)(b) TheTriennial Departmentupdates of Stateand shallamendments includeto on the Florida AdministrativeBuilding RegisterCode websitewhich theare agencyexpressly websiteauthorized addressesby Pages. 34 of 50 CODING:

Words553.73. stricken are deletions;

words(c) underlinedTriennial updates of and amendments to the Florida Fire Prevention Code which are additions.expressly authorized by s.

CS633.202. for SB 108 First Engrossed 2025108e1 where statements of estimated regulatory costs can be viewed in their entirety.

(b)Section An4. agency that prepares a statement of estimated regulatory costs must provide, as part of the notice required under s.

120.54(3)(a), the agency website address where the statement of estimated regulatory costs can be read in its entirety to the Department of State for publication in the Florida Administrative Register.

(c) If an agency revises its statement of estimated regulatory costs, the agency must provide notice that a revision has been made in the manner provided under s.

120.54(3)(d)1.

Such notice must also include the agency website address where the revision can be viewed in its entirety.

(7) The rules ombudsman in the Executive Office of the Governor must prescribe and post on a publicly accessible website a form that incorporates the factors in subsection (2).

Agencies must use this form to prepare a statement of estimated regulatory costs as required by this section.

Section 5.

120.5435 Agency review of rules.— (1) ForBy theJuly purposes1, of2030, thiseach section,agency, in coordination with the termcommittee, “rule”shall meansreview theall ruleexisting numberrules assignedadopted by the Departmentagency ofbefore State.July 1, 2025, in accordance with this section.

(2)(a)For Bythe Julypurposes 1,of 2030,this eachsection, agency, in coordination with the committee,term shall“rule” reviewmeans all existing rules adopted by the agencyrule beforenumber JulyPage 1,25 2025,of in38 accordanceCODING: with this section.

(b) Beginning October 1, 2025, each agency shall include a list of its existing rules in its annual regulatory plan, prepared and submitted pursuant to s.

120.74.

The agency shall Page 35 of 50 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1assigned includeby athe scheduleDepartment of theState. rules it will review each year during the 5-year rule review period.

The(2) agencyBeginning mayOctober amend1, its2025, yearlyeach scheduleagency inshall subsequentinclude regulatorya plans,list but must provide for the completed review of atits leastexisting 20 percent of the agency’s rules perin year,its untilannual allregulatory ofplan, itsprepared subjectand rulessubmitted havepursuant beento reviewed.s.

(c)120.74. This subsection stands repealed July 1, 2032.

(3)The Anyagency ruleshall initiallyinclude adopteda afterschedule Julyof 1,the 2025,rules mustit bewill reviewedreview ineach accordanceyear withduring this section in the fifth5-year yearrule followingreview adoption.period.

SuchThe reviewagency may amend its yearly schedule in subsequent regulatory plans but must beprovide for the completed beforereview theof dayat thatleast marks20 percent of the sixthagency’s yearrules sinceper theyear, adoptionuntil all of theits rule.subject rules have been reviewed.

(4)(3) The agency rule review must determine whether each rule:

(5)(4) By January 1 of each year, the agency shall submit a report to the President of the Senate,Senate and the Speaker of the House of Representatives,Representatives andwhich the committee a report that summarizes the agency’s intended action on each rule under review during the current fiscal year.

Page(5) 36The agency shall take one of 50the CODING:following actions during its rule review:

(a) Make no change to the rule.

If the agency determines Page 26 of 38 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1that (6)no Thechange is necessary, the agency shallmust takefile onewith the committee by April 1 a copy of the followingreviewed actionsrule, duringa written statement of its ruleintended review:action, and its assessment of factors specified in subsection (3).

(a) Make no change to the rule.

If the agency determines that no change is necessary, the agency must submit to the committee by April 1 a copy of the reviewed rule, a written statement of its intended action, and its assessment of factors specified in subsection (4).

If the agency determines that one or more technical changes are necessary, the agency must submitfile towith the committee by April 1 a copy of the reviewed rule and the recommended technical change or changes coded by underlining new text and striking through deleted text, a written statement of its intended action, its assessment of the factors specified in subsection (4),(3), and the facts and circumstances justifying the technical change or changes to the reviewed rule.

If the agency determines that the rule requires a substantive change, the agency must make all changes, including any technical changes,change, to the rule in accordance with this chapter.

The agency shall also submitfile towith the committee by April 1 a copy of the reviewed rule and the recommended change or changes coded by underlining new text and striking through deleted text, a written statement of its intended action, and its assessment of factors specified in subsection (4).(3).

This submission to the committee does not Pageconstitute 37a notice of 50rule CODING:development as contemplated by s.

120.54(3)(a) and is not required to be in the same form as the rule that will be proposed by the agency.

Page 27 of 38 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1(d) constituteRepeal athe noticerule. of rule development as contemplated by s.

120.54(2)(a)If andan isagency notdetermines requiredthat tothe rule should be inrepealed, the sameagency formmust asrepeal the rule thatin willaccordance bewith proposedthis bychapter. the agency.

(d)The Repealagency shall publish a notice of proposed rule development in the rule.Florida Administrative Register by April 1.

IfThe an agency determinesshall thatalso thefile rulewith should be repealed, the agencycommittee mustby repealApril the1 rulea inwritten accordancestatement withof thisits chapterintended action and publishits theassessment requiredof noticefactors specified in thesubsection Florida(3). Administrative Register by April 1.

TheThis agencysubmission shall also submit to the committee bydoes Aprilnot 1constitute a writtennotice statement of itsrule intendeddevelopment actionas andcontemplated itsby assessments. of factors specified in subsection (4).

This submission to the committee does not constitute a notice of proposed rule as contemplated by s.

(7)(a)(6) ByThe July 1, the committee shall examine eachthe agency’s rule review submissions.submission.

The committee may request from an agency any information that is reasonably necessary for examination of a rule as required by subsectionssubsection (2)(1). and (3).

(b) If the agency recommends no change or a technical change to a rule, the committee must certifycomplete whetherits theexamination agencywithin has90 respondedcalendar indays writingafter tothe allagency materialtransmits andthe timelyreport writtenrequired commentsunder orsubsection inquiries(4). made on behalf of the committee.

(8)Upon Thecompletion ruleof reviewits isexamination, completedthe upon:committee must certify whether the agency has responded in writing to all material and timely written comments or inquiries made on behalf of the committee.

(a)(7) The agency, upon approval of the agency head or his or her designee, electronically filing a certified copy of the reviewed rule toreview whichis nocompleted changesupon oreither: only technical changes were made, and the committee’s certification granted pursuant to subsection (7), with the Department of State;

or(a) (b) The agency, forupon approval of the agency head or his or her designee, electronically filing a certified copy of the reviewed rule subject to substantivewhich changeno changes or repeal,only timelytechnical filingchanges were made, and the appropriatecommittee’s noticecertification granted pursuant to s.subsection (6), with the Department of State.

(b) The agency, for a reviewed rule subject to substantive change or repeal, timely filing a proposed rule pursuant to s.

Page 3828 of 5038 CODING:

Florida Senate - 2025 CS for SB 108 First595-02327-25 Engrossed2025108c1 2025108e1(8) (9) The Department of State shall publish in the Florida Administrative Register a notice of the completed rule review and shall update the history note of the rule in the Florida Administrative Code to reflect the date of the rule review’s completion, if applicable.

Section(9) 6.The hearing requirements of s.

Subsection120.54 (1)do ofnot sectionapply 120.545,to Floridaa Statutes,rule isreviewed amendedpursuant to read:this section.

120.545(10) CommitteeThe reviewDepartment of agencyState rules.— (1) As a legislative check on legislatively created authority, the committee shall examineadopt eachrules proposedto rule,implement exceptthis forsection thoseno proposedlater rulesthan exemptedDecember by31, s.2025.

120.81(1)(e)(11) andThis (2),section andis itsrepealed accompanyingJuly material,1, 2032, unless reviewed and eachsaved emergencyfrom rule,repeal eachthrough rulereenactment reviewedby underthe s.Legislature.

120.5435,Section and5. may examine any existing rule, and any accompanying material or associated documents used to interpret a proposed or existing rule, for the purpose of determining whether:

(a) The rule is an invalid exercise of delegated legislative authority.

(b) The statutory authority for the rule has been repealed.

(c) The rule reiterates or paraphrases statutory material.

(d) The rule is in proper form.

(e) The notice given before prior to its adoption was sufficient to give adequate notice of the purpose and effect of the rule.

(f) The rule is consistent with expressed legislative intent pertaining to the specific provisions of law which the rule implements.

(g) The rule is necessary to accomplish the apparent or expressed objectives of the specific provision of law which the Page 39 of 50 CODING:

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 rule implements.

(h) The rule is a reasonable implementation of the law as it affects the convenience of the general public or persons particularly affected by the rule.

(i) The rule could be made less complex or more easily comprehensible to the general public.

(j) The rule’s statement of estimated regulatory costs complies with the requirements of s.

120.541 and whether the rule does not impose regulatory costs on the regulated person, county, or city which could be reduced by the adoption of less costly alternatives that substantially accomplish the statutory objectives.

(k) The rule will require additional appropriations.

(l) If the rule is an emergency rule, there exists an emergency justifying the adoption of such rule, the agency is within its statutory authority, and the rule was adopted in compliance with the requirements and limitations of s.

120.54(4).

(m) The rule includes a provision not authorized by statute, whereby the entire rule, or a provision thereof, automatically expires or is repealed on a specific date or at the end of a specified period.

Section 7.

Through a continuous revision and publication system, compile and publish electronically, on a website managed by the department, the “Florida Administrative Code.” The Florida PageAdministrative 40Code must shall contain all rules adopted by each agency, citing the grant of 50rulemaking CODING:authority and the specific law implemented pursuant to which each rule was adopted, all history notes as authorized in ss.

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 Administrative Code must shall contain all rules adopted by each agency, citing the grant of rulemaking authority and the specific law implemented pursuant to which each rule was adopted, all history notes as authorized in ss.

The department may contract with a publishing firm for a printed publication;Page 29 of 38 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 108 595-02327-25 2025108c1 publication;

At the beginning of the section of the code dealing with an agency that files copies of its rules with the department, the department shall publish the address and telephone number of the executive offices of each agency, the manner by which the agency indexes its rules, a listing of all rules of that agency Pageexcluded 41from publication in the code, a listing of 50all CODING:forms and material incorporated by reference adopted by rule which are used by the agency, and a statement as to where those rules may be inspected.

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 excluded from publication in the code, a listing of all forms and material incorporated by reference adopted by rule which are used by the agency, and a statement as to where those rules may be inspected.

The reference must shall specificallyPage state30 that the form is being incorporated by reference and shall include the number, title, and effective date of the38 formCODING: and an explanation of how the form may be obtained.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 108 595-02327-25 2025108c1 specifically state that the form is being incorporated by reference and shall include the number, title, and effective date of the form and an explanation of how the form may be obtained.

After December 31, 2025, the department shall require any material incorporated by reference in allow adopted rules and material incorporated by reference to be filed in theelectronic mannerform as prescribed by s.department rule.

120.54(1)(i)3.a.When a rule is filed for adoption with incorporated material in electronic form, the department’s publication of the Florida Administrative Code on its website must contain a hyperlink from the incorporating reference in the rule directly to that material.

The department may not allow hyperlinks from rules in the Florida Administrative Code to any material other than that filed with and maintained by the department, but may allow hyperlinks to incorporated material maintained by the department from the adopting agency’s website or b.other sites.

electronic form as prescribed by department rule.

When a proposed rule is filed for adoption with incorporated material in electronic form, the department’s publication of the Florida Administrative Code on its website must contain a hyperlink from the incorporating reference in the rule directly to that material.

The department may not allow hyperlinks from rules in the Florida Page 42 of 50 CODING:

Words stricken are deletions;

words underlined are additions.

CS for SB 108 First Engrossed 2025108e1 Administrative Code to any material other than that filed with and maintained by the department, but may allow hyperlinks to incorporated material maintained by the department from the adopting agency’s website or other sites.