SB 448 — Administrative Procedure
Last action — Died in Judiciary, companion bill(s) passed, see CS/SB 108 (Ch. 2025-189)
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Administrative Procedure; Specifying that an agency’s issuance of a guidance document or other statement interpreting a statute without express statutory delegation to issue such guidance is an invalid exercise of delegated legislative authority; prohibiting an agency from adopting a rule or issuing a guidance document without statutory delegation; requiring an agency to conduct retrospective cost-benefit analyses and assessment reports for certain rules, subject to certain requirements; requiring that additional information be published in the Florida Administrative Code, etc.
Bill Text
What changed in the latest version
469 added · 520 removed469 line(s) added, 520 removed.
Florida Senate - 2025 CS for SB 448 By Senatorthe BurgessCommittee 23-00576A-25on 2025448__Governmental AOversight billand toAccountability; be entitled An act relating to administrative procedure;
and Senator Burgess 585-02282-25 2025448c1 A bill to be entitled An act relating to administrative procedure;
requiring an agency to prepare a statement of estimated regulatory costs for all proposed rules, notices of change, and final rules;
providing requirements for such statements;
requiring the agency to conduct a retrospective cost-benefit analysis for each adopted rule after a specified period;
providing requirements for such analysis;
requiring review of prior cost- benefit analyses as part of a specified review;
requiring agencies to use the findings of such a review for specified purposes;
providing additional requirements for cost-benefit analyses;analyses for certain rules;
requiring an agency to conduct retrospective cost-benefit analyses and assessment reports for certain rules, subject to certain requirements;
requiring the Administrative Procedures Committee to set a review schedule for existing rules to undergo a retrospective cost-benefit analysis and review;
providing exceptions;
requiring the committee to separately review exempt rules;
requiring the agency to perform specified actions during such reviews;
revising requirements for the review of rules by the Administrative Procedures Committee;
requiring that additional information be publishedPage in1 theof Florida15 AdministrativeCODING: Code;
providing for the expiration of rules after a specified period unless readopted;
providing Page 1 of 17 CODING:
Florida Senate - 2025 CS for SB 448 23-00576A-25585-02282-25 2025448__2025448c1 requirementspublished forin the readoptionFlorida process;Administrative Code;
requiring the Administrative Procedures Committee to set expiration dates for existing rules;
providing exceptions to rule expiration;
requiring review of such exempt rules;
requiring the agency to perform specified actions during reviews;
providing for a limited extension of expiration in certain circumstances;
120.555, F.S.;
requiring that specified information be published concerning expired rules;
amending s.
providing for challenges to rules on the grounds that thean agency failed to comply with specified provisions;
A proposed or existing rule is an invalid exercise of delegated legislative authority if any one Page 2 of 17the CODING:following applies:
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words underlined are additions.
Florida Senate - 2025 SB 448 23-00576A-25 2025448__ of the following applies:
(c) The rule enlarges, modifies, or contravenes the specific provisions of law implemented, citation to which is requiredPage by2 s.of 15 CODING:
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words underlined are additions.
Florida Senate - 2025 CS for SB 448 585-02282-25 2025448c1 required by s.
No agency shall have authority Pageto 3adopt a rule only because it is reasonably related to the purpose of 17the CODING:enabling legislation and is not arbitrary and capricious or is within the agency’s class of powers and duties, nor shall an agency have the authority to implement statutory provisions setting forth general legislative intent or policy.
Statutory language granting rulemaking authority or generally describing the powers and functions of an agency shall be construed to extend no further than implementing or interpreting Page 3 of 15 CODING:
Florida Senate - 2025 CS for SB 448 23-00576A-25585-02282-25 2025448__2025448c1 to adopt a rule only because it is reasonably related to the purposespecific of the enabling legislation and is not arbitrary and capricious or is within the agency’s class of powers and duties,duties norconferred shallby an agency have the authorityenabling tostatute. implement statutory provisions setting forth general legislative intent or policy.
Statutory language granting rulemaking authority or generally describing the powers and functions of an agency shall be construed to extend no further than implementing or interpreting the specific powers and duties conferred by the enabling statute.
Show all 212 changed lines (172 more)
Statutory language granting rulemaking authority or generally describing the powers and functions of an agency shall be construed to extend no further than implementing or interpreting the specific powers Pageand 4duties ofconferred 17by CODING:the enabling statute.
Section 3.
Subsection (1), paragraph (g) of subsection (2), and subsection (5) of section 120.541, Florida Statutes, are amended, paragraph (h) is added to subsection (2) of that section, subsection (6) is added to that section, and subsection (4) of that section is reenacted, to read:
120.541 Statement of estimated regulatory costs.— (1)(a) An agency shall prepare a statement of estimated Page 4 of 15 CODING:
Florida Senate - 2025 CS for SB 448 23-00576A-25585-02282-25 2025448__2025448c1 andregulatory dutiescosts conferredfor byeach proposed rule, notice of change, or final rule, regardless of whether the enablingproposed statute.rule, notice of change, or final rule will have an adverse impact on small business or is likely to increase regulatory costs.
Section 3.
Subsection (1), paragraph (g) of subsection (2), and subsection (5) of section 120.541, Florida Statutes, are amended, paragraph (h) is added to subsection (2) of that section, and subsection (4) of that section is reenacted, to read:
120.541 Statement of estimated regulatory costs.— (1)(a) An agency shall prepare a statement of estimated regulatory costs for each proposed rule, notice of change, or final rule, regardless of whether the proposed rule, notice of change, or final rule will have an adverse impact on small business or is likely to increase regulatory costs.
Upon the submission of the lower cost regulatory alternative, the agency shall prepare a statement of estimated regulatory costs as provided in subsection (2), or shall revise its prior statement of estimated regulatory costs, and either adopt the alternative or provide a Pagestatement 5of the reasons for rejecting the alternative in favor of 17the CODING:proposed rule.
(c)(b) If a proposed rule, notice of change, or final rule will have an adverse impact on small business or if the proposed rule, notice of change, or final rule is likely to directly or indirectly increase regulatory costs in excess of $200,000 in the aggregate within 1 year after the implementation of the rule, the agency shall prepare a statement of estimated Page 5 of 15 CODING:
Florida Senate - 2025 SBCS 448 23-00576A-25 2025448__ statement of the reasons for rejectingSB the448 alternative585-02282-25 in2025448c1 favorregulatory ofcosts theas proposedrequired rule.by s.
(c)(b) If a proposed rule, notice of change, or final rule will have an adverse impact on small business or if the proposed rule, notice of change, or final rule is likely to directly or indirectly increase regulatory costs in excess of $200,000 in the aggregate within 1 year after the implementation of the rule, the agency shall prepare a statement of estimated regulatory costs as required by s.
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Florida Senate - 2025 SB 448 23-00576A-25 2025448__ 1.
2.Page 6 of 15 CODING:
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Florida Senate - 2025 CS for SB 448 585-02282-25 2025448c1 2.
(i) An agency shall conduct a retrospective cost-benefit analysis for each adopted rule 4 years after the rule’s effective date.
The analysis must compare the actual costs and benefits of the rule to those projected in the initial statement of estimated regulatory costs prepared under paragraph (a).
(j) When a rule is reviewed upon expiration pursuant to s.
120.55(9), the agency shall conduct a retrospective assessment report comparing the initial projected cost-benefit analysis, the retrospective analysis conducted under paragraph (i), and the outcomes observed up to the time of expiration.
The agency shall incorporate the findings and lessons learned from this comparison into the standards for future statements of estimated regulatory costs and apply them to similar rules.
(g) In the statement or revised statement, whichever Pageapplies, 7a description of 17any CODING:regulatory alternatives submitted under paragraph (1)(b) (1)(a) and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule.
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words underlined are additions.
Florida Senate - 2025 SB 448 23-00576A-25 2025448__ applies, a description of any regulatory alternatives submitted under paragraph (1)(b) (1)(a) and a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule.
(5) For purposes of subsections (2) and (3), adverse impacts and regulatory costs likely to occur within 5 years after implementation of the rule include adverse impacts and regulatoryPage costs7 estimated to occur within 5 years after the effective date of the15 rule.CODING:
However, if any provision of the rule is not fully implemented upon the effective date of the rule, the adverse impacts and regulatory costs associated with such provision must be adjusted to include any additional adverse impacts and regulatory costs estimated to occur within 5 years after implementation of such provision.
However, an agency may include longer periods of review but must, at a minimum, Page 8 of 17 CODING:
Florida Senate - 2025 CS for SB 448 23-00576A-25585-02282-25 2025448__2025448c1 provideregulatory acosts cost-benefitestimated analysisto thatoccur projectswithin the first 5 years after the ruleeffective goesdate intoof effect.the rule.
However, if any provision of the rule is not fully implemented upon the effective date of the rule, the adverse impacts and regulatory costs associated with such provision must be adjusted to include any additional adverse impacts and regulatory costs estimated to occur within 5 years after implementation of such provision.
However, an agency may include longer periods of review but must, at a minimum, provide a cost-benefit analysis that projects the first 5 years after the rule goes into effect.
(6)(a) An agency shall conduct a retrospective cost-benefit analysis for each adopted rule 4 years after the rule’s effective date.
The analysis must compare the actual costs and benefits of the rule to those projected in the initial statement of estimated regulatory costs prepared under paragraph (1)(a).
(b) An agency shall conduct a retrospective assessment report for each adopted rule 8 years after the rule’s effective date.
The report must compare the initial projected cost-benefit analysis, the retrospective analysis conducted under paragraph (a), and the outcomes observed up to this time.
The agency shall incorporate the findings and lessons learned from this comparison into the standards for future statements of estimated regulatory costs and apply them to similar rules.
(c) For all rules in effect on July 1, 2025, the committee must set a schedule for agencies to conduct the analysis and report as required by paragraphs (a) and (b), taking into consideration the time and resources agencies will expend to Page 8 of 15 CODING:
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Florida Senate - 2025 CS for SB 448 585-02282-25 2025448c1 perform such review.
Such reviews must be scheduled to begin between July 1, 2027, and July 1, 2037.
(d) An amendment to a rule through subsequent rulemaking does not affect the agency’s duty to perform the reviews as required by paragraphs (a) and (b), unless the amendment completely repeals and adopts a new rule as described in s.
120.54.
In such case, the rule’s review dates must be determined based on the effective date of the subsequent rule.
(e) The following rules are exempt from the review processes described in paragraphs (a) and (b):
1.
Rules required to comply with federal law or to receive federal funds.
2.
Rules adopted pursuant to authority granted under the State Constitution.
3.
Rules of agencies that are headed by an elected official.
(f) Rules exempt under paragraph (e) must be reviewed by the agency according to the schedule set by the committee.
The agency may not begin its review more than 1 year before the rule’s scheduled review date.
(g) During the review, including any review under paragraph (f), the agency shall:
1.
Notify the public of the review, including making the text of the notice, the text of the rule, and all analyses associated with the review available on the agency’s website.
2.
Hold a public comment period for at least 30 days.
3.
Conduct all analyses that would be required if the rule were being readopted pursuant to s.
120.54.
4.
Provide a reasoned response to unique public comments.
Page 9 of 15 CODING:
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Florida Senate - 2025 CS for SB 448 585-02282-25 2025448c1 5.
Publish a report on the agency’s website which includes the analyses and the agency’s response to public comments.
Paragraphs (m),(m) (n), and (o)(n) are added to subsection (1) of section 120.545, Florida Statutes, to read:
(m) The ruleagency is scheduledtimely tocomplying expirewith pursuantthe toreview requirements described in s.
120.55(9)120.541(6)(a) and whether(b). the agency is complying with the expiration and readoption requirements.
(n) The initialagency expirationhas dateproperly forreviewed theexempt rulerules hasas beenrequired setunder in accordance with s.
120.55(9)(b).120.541(6)(f).
(o) The agency has properly reviewed exempt rules as required under s.
120.55(9)(f).
PresentParagraph subsection (9) of section 120.55, Florida Statutes, is redesignated as subsection (10), a new subsection (9) is added to that section, and paragraph (a) of subsection (1) of that120.55, sectionFlorida Statutes, is amended,amended to read:
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 9Code shall contain all rules adopted by each agency, citing the grant of 17rulemaking CODING:authority and the specific law implemented pursuant to which each rule was adopted, including the effective date of each rule, all history notes as authorized in s.
120.545(7), complete indexes to all rules contained in the code, and any other material required or authorized by law or deemed useful by the department.
The Page 10 of 15 CODING:
Florida Senate - 2025 CS for SB 448 23-00576A-25585-02282-25 2025448__2025448c1 Administrativeelectronic Codecode shall containdisplay all rules adopted by each agency,rule citingchapter thecurrently grantin ofeffect rulemakingin authoritybrowse mode and theallow specificfull lawtext implementedsearch pursuantof to which each rule was adopted, including the effectivecode date and expiration date of each rule,rule allchapter. history notes as authorized in s.
120.545(7), complete indexes to all rules contained in the code, and any other material required or authorized by law or deemed useful by the department.
The electronic code shall display each rule chapter currently in effect in browse mode and allow full text search of the code and each rule chapter.
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 excluded from publication in the code, and a statement as to Pagewhere 10those ofrules 17may CODING:be inspected.
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words underlined are additions.
Florida Senate - 2025 SB 448 23-00576A-25 2025448__ where those rules may be inspected.
The reference shall specifically statePage that11 the form is being incorporated by reference and shall include the number, title, and effective date of the15 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 448 585-02282-25 2025448c1 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.
(9)(a) All rules adopted by an agency shall expire 8 years Page 11 of 17 CODING:
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Florida Senate - 2025 SB 448 23-00576A-25 2025448__ after their effective date unless readopted through the rulemaking process outlined in s.
120.54, except as provided in paragraph (e).
The readoption process may not begin more than 1 year before the rule’s expiration date.
(b) For all rules in effect on July 1, 2025, the committee shall set the initial expiration dates, taking into consideration the time and resources agencies will expend to potentially readopt those rules.
The initial expiration dates must be set between the second and twelfth calendar years after the effective date of this subsection.
A rule shall expire on January 1 of the calendar year selected by the committee.
(c) An amendment to a rule through subsequent rulemaking does not affect the rule’s expiration date unless the amendment completely repeals and readopts the rule.
In such case, the new expiration date must be 8 years from the effective date of the readopted rule.
(d) Every rule, if readopted, must subsequently expire on January 1 every 8 calendar years after its initial expiration date unless reviewed and readopted pursuant to this subsection.
(e) The following rules do not expire:
1.
Rules required to comply with federal law or to receive federal funds.
2.
Rules adopted pursuant to authority granted under the State Constitution.
3.
Rules of agencies that are headed by an elected official.
(f) Rules exempt under paragraph (e) must be reviewed by the agency according to the schedule set by the committee.
The agency may not begin its review more than 1 year before the Page 12 of 17 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 SB 448 23-00576A-25 2025448__ rule’s scheduled review date.
(g) During the review, including any review under paragraph (f), the agency shall:
1.
Notify the public of the review, including making the text of the notice, the text of the rule, and all analyses associated with the review available on the agency’s website.
2.
Hold a public comment period for at least 30 days.
3.
Conduct all analyses that would be required if the rule were being readopted pursuant to s.
120.54.
4.
Provide a reasoned response to unique public comments.
5.
Publish a report on the agency’s website which includes the analyses and the agency’s response to public comments.
(h) For each rule, the Governor may grant extensions totaling no more than 365 days postponing the expiration date upon a written request by the agency.
In the agency’s written request, an explanation must be given by the agency explaining why it cannot readopt the rule within the time allotted by this subsection and why the expiration of the rule would harm the public health, safety, or welfare.
The Governor must affirm these findings in writing before granting an extension.
An extension under this paragraph does not affect subsequent expiration dates.
Reviews under paragraph (f) may not be granted extensions.
Subsection (6) is added to section 120.555, Florida Statutes, to read:
120.555 Summary removal of published rules no longer in force and effect.—When, as part of the continuous revision system authorized in s.
120.55(1)(a)1.
or as otherwise provided by law, the Department of State is in doubt whether a rule Page 13 of 17 CODING:
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Florida Senate - 2025 SB 448 23-00576A-25 2025448__ published in the official version of the Florida Administrative Code is still in full force and effect, the procedure in this section shall be employed.
(6) When a rule has expired pursuant to s.
120.55(9), the Department of State shall update the Florida Administrative Code to remove the rule and shall provide historical notes identifying the manner in which the rule ceased to have effect, including the expiration pursuant to s.
120.55(9).
Section 7.
All of the provisionsPage in12 thisof section15 applyCODING: to guidance documents as well as adopted rules.
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words underlined are additions.
Florida Senate - 2025 CS for SB 448 585-02282-25 2025448c1 provisions in this section apply to guidance documents as well as adopted rules.
(c) The petition shall be filed by electronic means with the division which shall, immediately upon filing, forward by electronic means copies to the agency whose rule is challenged, Pagethe 14Department of 17State, CODING:and the committee.
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words underlined are additions.
Florida Senate - 2025 SB 448 23-00576A-25 2025448__ the Department of State, and the committee.
(d) Within 30 days after the hearing, the administrative lawPage judge13 shallof render15 aCODING: decision and state the reasons for his or her decision in writing.
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words underlined are additions.
Florida Senate - 2025 CS for SB 448 585-02282-25 2025448c1 law judge shall render a decision and state the reasons for his or her decision in writing.
Other substantially affected persons may join Pagethe 15proceedings ofas 17intervenors CODING:on appropriate terms which shall not unduly delay the proceedings.
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words underlined are additions.
Florida Senate - 2025 SB 448 23-00576A-25 2025448__ the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings.
Failing to make the statement or the underlying data and analysisPage publicly14 availableof as15 requiredCODING: by s.
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words underlined are additions.
Florida Senate - 2025 CS for SB 448 585-02282-25 2025448c1 analysis publicly available as required by s.
within 20 days after the statement of Pageestimated 16regulatory costs or revised statement of 17estimated CODING:regulatory costs, if applicable, has been prepared and made available as provided in s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 SB 448 23-00576A-25 2025448__ estimated regulatory costs or revised statement of estimated regulatory costs, if applicable, has been prepared and made available as provided in s.
Section 8.7.
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View plain text versions (2)
- S 448 c1 View text Current pdf
- Introduced S 448 Filed pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill makes significant changes to the administrative procedure laws in Florida by clarifying agencies' authority to issue guidance documents and establishing stricter requirements for rulemaking and cost-benefit analyses.
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s. 120.52
The agency has issued a guidance document or other statement interpreting a statute without express statutory delegation to issue such guidance.→ The agency has issued a guidance document or other statement interpreting a statute without express statutory delegation to issue such guidance.It establishes that issuing guidance without explicit statutory authority is an invalid exercise of legislative authority.
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s. 120.536
No agency shall have authority to adopt a rule only because it is reasonably related to the purpose of the enabling legislation and is not arbitrary and capricious or is within the agency’s class of powers and duties, nor shall an agency have the authority to implement statutory provisions setting forth general legislative intent or policy.→ An agency may not adopt any rule or issue any guidance document unless the agency has been expressly granted the power to do so by a specific statutory delegation.It prohibits agencies from adopting rules or guidance documents without specific statutory delegation.
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s. 120.541
The statement must include a cost-benefit analysis that clearly demonstrates that the projected benefits of the proposed rule, notice of change, or final rule exceed its projected costs.→ The statement must include a cost-benefit analysis that clearly demonstrates that the projected benefits of the proposed rule, notice of change, or final rule exceed its projected costs.It requires a comprehensive cost-benefit analysis for regulatory impacts.
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s. 120.541
A rule that is challenged pursuant to s. 120.52(8)(f) may not be declared invalid unless:→ A rule that is challenged pursuant to s. 120.52(8)(f) may not be declared invalid unless:It reinforces the conditions under which a rule can be declared invalid.
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s. 120.55
No current text to strike.→ The Additional information must be published in the Florida Administrative Code.It mandates the publication of additional information in the Florida Administrative Code.
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s. 120.56
No current text to strike.→ Guidance documents are subject to specified provisions, allowing challenges based on lack of statutory authority.It ensures that guidance documents can be challenged if they lack statutory authority.
Action History
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Died in Judiciary, companion bill(s) passed, see CS/SB 108 (Ch. 2025-189)
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Indefinitely postponed and withdrawn from consideration
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CS by Governmental Oversight and Accountability read 1st time
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Now in Judiciary
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Governmental Oversight and Accountability; YEAS 7 NAYS 0
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On Committee agenda-- Governmental Oversight and Accountability, 03/11/25, 1:30 pm, 110 Senate Building
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Introduced
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Referred to Governmental Oversight and Accountability; Judiciary; Rules
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Filed
Sponsors
- Danny Burgess · Primary
- Governmental Oversight and Accountability · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 162 not signed on
Sponsors (2)
- Burgess, Danny Republican
- Governmental Oversight and Accountability
Co-sponsors (0)
None.
Not signed on (162)
162 members have not signed on to this bill.
Show all 162 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 2 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Unaffiliated | 0 | 0 | 0 | 1 |
| Total | 7 | 0 | 0 | 1 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Fine | — | Not Voting |
| Arrington, Kristen Aston | Democrat | Yea |
| Polsky, Tina Scott | Democrat | Yea |
| Brodeur, Jason | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Grall, Erin | Republican | Yea |
| McClain, Stan | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 448 do?
- Administrative Procedure; Specifying that an agency’s issuance of a guidance document or other statement interpreting a statute without express statutory delegation to issue such guidance is an invalid exercise of delegated legislative authority; prohibiting an agency from adopting a rule or issuing a guidance document without statutory delegation; requiring an agency to conduct retrospective cost-benefit analyses and assessment reports for certain rules, subject to certain requirements; requiring that additional information be published in the Florida Administrative Code, etc.
- Who sponsors SB 448?
- SB 448 is sponsored by Burgess, Danny (Republican) and Governmental Oversight and Accountability.
- What is the current status of SB 448?
- This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 448?
- Track SB 448 free on One Click Politics — get push/email alerts when it moves.
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