HB 433 — Administrative Procedures

reducing the number of certified copies of a proposed rule that must be electronically filed with the Department of State;

authorizing agencies to adopt emergency rules under specified conditions;

requiring that specified information be published in the first available issue of the Florida Administrative Register and provided to the Administrative Procedures Committee;

providing that if a proposed rule is not ratified within a specified timeframe, the emergency rule expires;

requiring that the proposed rule be withdrawn in accordance with a specified provision;

requiring that notices of renewal for emergency rules be published in the Florida Administrative Register before expiration of the existing emergency rule;

requiring that such notices contain specified information;

requiring that a note be added to a certain history note for certain Page 3 of 54 CODING:

Words stricken are deletions;

words underlined are additions.

hb433-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 433 2025 emergency rules;

authorizing agencies to adoptsupersede an emergency rulesrule thatthrough supersedeadoption otherof another emergency rules;rule;

requiringproviding thatrequirements the reason for suchadopting supersedinga rulesnew berule; stated in accordance with specified provisions;

authorizing agenciesan agency to make technical changes to an emergency rulesrule withinduring a specified timeframe;

requiring that suchnotice changesof renewal of an emergency rule be published in the Florida Administrative Register asbefore athe noticeexpiration of correction;the existing rule;

authorizingrequiring agenciesthat tothe repeal emergency rules by providing a certain notice instate thespecified Floridafacts Administrativeand Register;reasons;

requiring agenciesthat toemergency providerules specifiedbe petitionspublished toin thea committeecertain withinsection aof specifiedthe timeframeFlorida afterAdministrative receipt;Code;

requiring agenciesspecified toemergency providerules a certain notification to thecontain committee within a specifiedcertain timeframe;history note;

reenactingproviding andthat amendingcertain s.emergency rules may be repealed by the adopting agency at any time while the emergency rule is in effect by publishing a certain notice in the Florida Administrative Register;

requiring an agency to file a copy of a certain petition with the committee;

amending s.

providingrequiring thatan aPage proposal4 for a lower cost regulatory alternative submitted after a notice of change66 isCODING: made in good faith only if the proposal contains certain statements;

requiring agencies to provide a copy of such proposals and responses thereto to the committee within specified timeframes;

prohibiting agencies from filing a rule for adoption unless such documents are provided to the committee;

requiring agencies to Page 4 of 54 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 notifyagency theto committeeprovide within a specifiedcopy timeframeof thata proposal for a rulelower hascost beenregulatory submittedalternative forto legislativethe ratification;committee within a certain timeframe;

providingspecifying anthe exemptioncircumstances fromunder legislativewhich ratificationsuch forproposal emergencyis rules;deemed to be made in good faith;

requiring an agency to adopt, reject, or modify the alternative proposal;

revising requirements for an agency's consideration of a lower cost regulatory alternative;

requiring an agency to revise its statement of estimated regulatory costs if a rule is modified in response to such alternatives;

requiring that the revised statement of estimated regulatory costs be submitted to the rules ombudsman and be made available in the same manner as the original;

providing that an agency's failure to publish a specified statement is a material failure to follow rulemaking procedures;

requiring a good faith estimate as to how many small businesses are likely to be subject to the rule;

removing the definition of the term "transactional costs";

revising the applicability of specified provisions;

requiring an agency to take specified actions relating to statements of estimated regulatory costs;Page 5 of 66 CODING:

Words stricken are deletions;

words underlined are additions.

hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2025 costs;

definingproviding thelegislative termintent; "rule";

requiring agencies,each byagency ato specifiedsubmit datea andschedule inof coordinationrules withit theplans committee, to review specifiedeach rulesyear adoptedover before a specified date;timeframe in the agency's annual regulatory plan;

providingauthorizing foran futureagency reviewto andamend repeal;such schedule;

requiring rulesan promulgatedagency afterto review a certain datepercentage toof berules reviewed;each year;

requiringproviding agenciesfor torepeal include a list of existingthe rulesrequirement andthat athe scheduleannual ofregulatory rules they plan tocontain reviewsuch eachschedule; year in a certain regulatory plan;

authorizing agencies to amend such schedules under specified circumstances but requiring thatagency atreview leastof arules specifiedand percentagerepromulgation of an agency's rules bethat revieweddo eachnot yearrequire untilsubstantive completionchanges ofwithin alla reviews;specified timeframe;

requiring agenciesthat tosuch makerules specifiedbe determinationsreviewed duringperiodically; rule review;

providingrequiring thatthe certaincommittee determinationsto areprovide noteach subjectagency towith challengea asspecified list by a proposedspecified rule;date;

requiringproviding Pagethat 5the failure of 54an CODING:agency to adhere to specified deadlines constitutes a material failure and is the basis for a specified objection;

requiring an agency to publish a notice of repromulgation in the Florida Administrative Register and file a rule for repromulgation with the department within a specified timeframe;

requiring an agency to file a notice of repromulgation with the committee within a specified timeframe;

requiring the committee to certify if the agency has provided certain responses to the committee;

providing that a repromulgated rule is not subject to challenge as a Page 6 of 66 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 agenciesproposed torule submitand athat certain reporthearing torequirements thedo Legislaturenot annuallyapply; by a specified date;

requiring agenciesan agency to takeelectronically onefile ofwith certainthe specifieddepartment actionsa duringcertified copy of a proposed repromulgated rule reviewsand byany amaterial specifiedincorporated date;by reference;

providing requirementsthat fora therule agenciesis inconsidered connectionrepromulgated withupon eachfiling ofwith the specifieddepartment; actions;

requiring the committeedepartment to examineupdate agencies'certain ruleinformation reviewin submissions;the Florida Administrative Code;

authorizingrequiring the committee to requestsubmit certaina informationspecified fromlist suchto agencies;the Legislature within a specified timeframe;

requiring thateach suchagency reviewto occurinitiate rulemaking proceedings to repeal certain rules within a specified timeframe underif specifiedcertain conditions;conditions exist;

requiring the committeedepartment to issueadopt rules by a certain certificationdate; upon completion of examinations;

specifying circumstances under which rule review is considered completed;

requiring the department to publish a certain notice in the Florida Administrative Register;

requiringrequiring, therather Jointthan Administrativeauthorizing, Proceduresthe Committeecommittee to reviewexamine eachcertain ruleexisting beingrules; 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;

revisingrequiring the contentsDepartment of State to publish the Florida Administrative CodeRegister toonce conformeach tobusiness changesday made by thea act;specified time;

requiring,providing afterexceptions; a specified date, that any material incorporated by reference be filed in a Page 6 of 54 CODING:

requiring the department to note in the register if a rule, proposed rule, or notice of rule development was corrected or replaced;

requiring that certain rulemaking timeframes revert to the initial date of publication;

requiring the agency, rather than the department, to publish specified information at Page 7 of 66 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 specifiedthe electronicbeginning formatof withspecified sections of the department;Florida Administrative Code;

requiring that thematerials Floridaincorporated Administrativeby Registerreference containbe filed in a certainspecified list;manner;

requiring that the fulldepartment textto include the date of emergencya rulestechnical berule published;change in the Florida Administrative Code;

requiringproviding that thea departmenttechnical prescribechange codingdoes fornot certainaffect documentsthe incorporatedeffective bydate reference;of a rule;

revising the required contents of the Florida Administrative Register;

requiring the department to adopt specified rules;

120.56, F.S.;

conforming a cross- reference;

amending s.

requiring thatan regulatoryagency plansto submittedlist byeach agenciesrule, includeexcept certainfor schedulesemergency forrules, ruleit reviewplans andto certaindevelop, desiredadopt, updatesor torepeal suchduring plans;the forthcoming year in the agency's annual regulatory plan;

requiring agenciesthat toan takeagency's certainannual actionsregulatory ifplan identify any rules repromulgated over the agenciesprevious haveyear notand completedthose reviewingthat aare rule;required to be repromulgated during the forthcoming year;

requiring agenciesthe agency to includemake informationcertain regardingdeclarations concerning the priorannual year's licensing practices in their regulatory plan;

requiring thean Jointagency Administrativeto Proceduresinclude Committeecertain toinformation submitregarding athe consolidatedprior reportyear's oflicensing thepractices agencyin licensingits data;annual regulatory plan;

requiringamending thess. Department of State to publish a hyperlink to the licensing data reports;

deleting120.80, provisions120.81, related420.9072, to420.9075, deadlinesand for443.091, ruleF.S.; development;

deletingconforming deadlinescross-references; for publishing proposed rules;

deletingproviding provisionsan requiringeffective agenciesdate. to file certain certifications with the committee;

authorizingPage agencies8 toof correct66 aCODING: regulatory plan to conclude affected rulemaking proceedings by identifying certain rules;

revising the timeframes within which agencies must publish certain notices;

Page 7 of 54 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 conformingBe provisionsIt toEnacted changesby madethe byLegislature of the act;State of Florida:

providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Subsections (16) through (19) and (20), (21), and (22) of section 120.52, Florida Statutes, are renumbered as subsections (21),(17) (22),through (20) and (22), (23), respectively, and a(24), newrespectively, present subsection (20)(16) is amended, and new subsections (16) and (21) are added to that section, to read:

(20)(16) "Technical"Repromulgation" change" means athe changepublication limitedand toadoption correctingof citationsan orexisting grammatical,rule typographical,following oran similaragency's errorsreview thatof dothe notrule affectfor theconsistency substancewith of the rulepowers orand aduties statementgranted ofby estimatedthe regulatoryrule's cost.enabling statute.

(17)(16) "Rule" means each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of an agency and includes any form or guidance document which imposes any requirement or solicits any information not specifically required by statute or by an existing rule.

The term also includes the amendment or repeal of a rule.

The term does not include:

(a) Internal management memoranda which do not affect either the private interests of any person or any plan or procedure important to the public and which have no application outside the agency issuing the memorandum.

Page 9 of 66 CODING:

Words stricken are deletions;

words underlined are additions.

hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2025 (b) Legal memoranda or opinions issued to an agency by the Attorney General or agency legal opinions prior to their use in connection with an agency action.

(c) The preparation or modification of:

1.

Agency budgets.

2.

Statements, memoranda, or instructions to state agencies issued by the Chief Financial Officer or Comptroller as chief fiscal officer of the state and relating or pertaining to claims for payment submitted by state agencies to the Chief Financial Officer or Comptroller.

3.

Contractual provisions reached as a result of collective bargaining.

4.

Memoranda issued by the Executive Office of the Governor relating to information resources management.

(21) "Technical change" means a change limited to correcting grammatical, typographical, and similar errors not affecting the substance of a rule.

SubsectionParagraph (5)(i) isof addedsubsection to(1), subsections (2) and (3), paragraphs (a) and (c) of subsection (4), and paragraph (a) of subsection (7) of section 120.536,120.54, Florida Statutes, are amended, and paragraphs (e) through (j) are added to subsection (4) of that section, to read:

120.536120.54 RulemakingRulemaking.— authority;(1) GENERAL PROVISIONS APPLICABLE TO ALL RULES OTHER THAN EMERGENCY RULES.— Page 10 of 66 CODING:

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 Page 8 of 54 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 Statutes,(i)1. 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 act that requires rulemaking and provides a grant of rulemaking authority the times provided in s.

120.74(4) and (5).

(i)1.

In rules adopted after December 31, 2010, and rules amended or reviewedrepromulgated pursuanton toor s.after July 1, 2025, material may not be incorporated by reference unless:

120.5435, material may not be incorporated by Page 9 of 54 CODING:

Words stricken are deletions;

words underlined are additions.

hb433-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 433 2025 reference unless:

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 and examination, mustPage be11 includedof in66 theCODING: notice required by subparagraph (3)(a)1.

4.

In rules proposed after July 1, 2025, material may not be incorporated by reference unless:

a.

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 available for free public access through an electronic hyperlink from the rule making the reference in the Florida Administrative Register;

or b.

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 Page 10 of 54 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 case a statement to that effect, along with the addresses of the locations at the Department of State and the agency at which the material is available for public inspection and examination, must be included in the notice required by subparagraph (3)(a)1.

5.4.4.

6.5.5.

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 Pageobjection 11to ofrulemaking 54with CODING:the agency.

The objection must shall specify the portions of the rule incorporated by reference to which the person objects and the reasons for the objection.

Page 12 of 66 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 objectionThe agency does shall not have the authority under this subparagraph to rulemakingadopt withthose portions of the agency.rule specified in such objection.

The objection must shall specify the portions of the rule incorporated by reference to which the person objects and the reasons for the objection.

The agency does shall not have the authority under this subparagraph to adopt those portions of the rule specified in such objection.

7.6.

If an agency updates or makes a change to a document 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.

8.6.

The notice of rule development must: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 grant of rulemaking authority for the proposed rule and the law being implemented specific legal authority for the proposed rule, and include the proposed rule number and the preliminary text of the proposed rules, if available, or a statement of how a person may promptly obtain, without cost, a copy of any preliminary draft, when if available.

a.The notice must also include a request for the submission of any information that would be helpful to the agency in preparing the statement of estimated regulatory costs Page 13 of 66 CODING:

shall Indicate the subject area to be addressed by rule development., Page 12 of 54 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 b.required pursuant to paragraph (3)(b) and a statement of how a person may submit comments on the proposal and how a person may provide information regarding the potential regulatory costs.

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

Cite the grant of rulemaking authority for the proposed rule and the law being implemented.

specific legal authority for the proposed rule, and d.

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.

A notice of a proposed rule must be published in the Florida Administrative Register within 612 months after the most recent notice of rule development,development. unless the Legislature expressly provides a different date.

(c)(b) AnAll agencyrules mayshould holdbe publicdrafted workshopsin forreadable purposeslanguage. of rule development or information gathering for the preparation of the statement of estimated regulatory costs.

AnThe agencylanguage mustis holdreadable public workshops, including workshops in various regions of the state or the agency's service area, for purposes of rule development if requestedit: in writing by any affected person, unless the agency head explains in writing why a workshop is unnecessary.

1.

It Avoids the use of obscure words and unnecessarily long or complicated constructions;

and 2.

It Avoids the use of unnecessary technical or specialized language that is understood only by members of particular trades or professions.

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

If requested in writing by any affected person, an agency must hold public workshops, including workshops in various regions of this the state or the agency's service area, for purposes of rule development and information gathering for the preparation of the statement of estimated regulatory costs if requested in writing by any affected person, unless the agency head explains in writing why a workshop is unnecessary.

The failure to provide the explanation when required mayPage be14 aof material66 errorCODING: in procedure pursuant to s.

120.56(1)(c).

When a workshop or public Page 13 of 54 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 hearingmay isbe held,a thematerial agencyerror mustin ensureprocedure thatpursuant the persons responsible for preparing the proposed rule and the statement of estimated regulatory costs, if applicable, are available to explains. the agency's proposal and to respond to questions or comments regarding the rule being developed.

The120.56(1)(c). 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.

NoticeWhen of a workshop for rule development or forpublic informationhearing gatheringis forheld, the preparationagency ofmust aensure statementthat ofthe estimatedpersons regulatoryresponsible costsfor mustpreparing workshopthe shallproposed berule byand publication in the Floridastatement Administrativeof Registerestimated notregulatory lesscosts thanare 14available days before prior to thereceive datepublic oninput, whichto explain the workshopagency's isproposal, scheduledand to berespond heldto andquestions mustor shallcomments indicateregarding the subjectrule areabeing thatdeveloped whichand willthe bestatement addressed;of estimated regulatory costs.

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 and for preparation of the statement of estimated regulatory costs.

Notice of a workshop for rule development and for preparation of the 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 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 Page 1415 of 5466 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 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.rule and to develop information necessary to prepare a statement of estimated regulatory costs, when applicable.

(3)Page ADOPTION16 PROCEDURES.—of (a)66 Notices.—CODING: 1.

Before Prior to the adoption, amendment, or repeal of any rule other than an emergency rule, an agency shall, upon Page 15 of 54 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 approval(3) ofADOPTION thePROCEDURES.— agency(a) head,Notices.— shall1. give notice of its intended action, setting forth a short, plain explanation of the purpose and effect of the proposed action;

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

the proposed rule number and full text of the proposed rule or amendment and a summary thereof;

and a reference to the section or subsection of the Florida Statutes or the Laws of Florida being implemented or interpreted;interpreted.

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

120.541(2) thatwhich describes the regulatory impact of the rule in readable language;

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

and a statementrequest asfor to whether, based on the statementsubmission of theany estimated regulatory costs or other information expresslythat reliedcould uponbe andhelpful describedto by the agency ifregarding nothe statement of estimated regulatory costscosts; is required, the proposed rule is expected to require legislative ratification Page 16 of 54 CODING:

and a statement as to whether, based on the Page 17 of 66 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 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 notice must shall be published in the Florida 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.

The proposed rule, including all materialmaterials proposed to be incorporated by reference,reference and the statement of estimated regulatory costs, must shall be available for inspection and copying by the public at the time of the publication of notice.

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, at least 14 days before publication of the notice prior to such mailing, have made requests of the agency for advance notice of its proceedings.Page 18 of 66 CODING:

The agency shall also give such notice as is prescribed by rule to those particular classes of persons to whom the intended action is directed.

4.

The adopting agency shall file with the committee, at Page 17 of 54 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 leastproceedings. 21 days before prior to the proposed adoption date, a copy of each rule it proposes to adopt;

The agency shall also give such notice as is prescribed by rule to those particular classes of persons to whom the intended action is directed.

4.

The adopting agency shall file with the committee, at least 21 days before prior to the proposed adoption date, a copy of each rule it proposes to adopt;

a copy of the any statement of estimated regulatory costs that has been prepared pursuant to s.

5.

If any of the information, other than substantive changes to the rule text, that is required to be included in the notice under subparagraph 1.

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.

The publication of a notice of correction does not affect the timeframes for filing the rule for adoption as set forth in paragraph (e).

Technical changes must be published as a notice of correction.

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

However,The anstatement agency must prepareinclude a statementcost- ofbenefit estimatedanalysis regulatorythat costsevaluates ofwhether the proposedprojected rule,benefits asof providedthe byexisting Pagerule 18or ofproposed 54rule CODING:exceed its projected costs.

However, an agency is not required to prepare a statement of estimated regulatory costs for a proposed rule repeal unless such repeal would impose a regulatory cost.

In any challenge to a proposed rule repeal, a proposed rule repeal that only reduces Page 19 of 66 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 or eliminates regulations on those individuals or entities regulated by the existing rule must be considered presumptively correct in any proceeding before the division or in any proceeding before a court of competent jurisdiction However, an agency must prepare a statement of estimated regulatory costs of the proposed rule, as provided by s.

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.

EachFor agency,purposes before the adoption, amendment, or repeal of athis rule,subsection shalland consider the impact of the rule on small businesses as defined by s.

288.703120.541(2), andan theadverse impact of the rule on small countiesbusinesses, or small cities as defined byin s.

288.703 or sub-subparagraph b., exists if, for any small business:

(I) An owner, officer, operator, or manager must complete any education, training, or testing to comply, or is likely to spend at least 10 hours or purchase professional advice to understand and comply, with the rule in the first year;

(II) Taxes or fees assessed on transactions are likely to increase by $500 or more in the aggregate in 1 year;

(III) Prices charged for goods and services are restricted or are likely to increase because of the rule;

(IV) Specially trained, licensed, or tested employees will Page 20 of 66 CODING:

Words stricken are deletions;

words underlined are additions.

hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2025 be required because of the rule;

(V) Operating costs are expected to increase by at least $1,000 annually because of the rule;

or (VI) Capital expenditures in excess of $1,000 are necessary to comply with the rule.

b.

Each agency, before the adoption, amendment, or repeal of a rule, shall consider the impact of the rule on small businesses as defined in by s.

288.703 and the impact of the rule on small counties or small cities as defined in by s.

An agency may define "small business" to include businesses employing more than 200 persons, may define "small county" to include those with populations of more than 75,000, and may define "small Pagecity" 19to include those with populations of 54more CODING:than 10,000, if it finds that such a definition is necessary to adapt a rule to the needs and problems of small businesses, small counties, or small cities.

The agency shall consider each of the following methods for reducing the impact of the proposed rule on small businesses, small counties, and small cities, or any combination of these entities:

(I) Establishing less stringent compliance or reporting Page 21 of 66 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 city"requirements toin include those with populations of more than 10,000, if it finds that such a definition is necessary to adapt a rule to the needsrule. and problems of small businesses, small counties, or small cities.

The agency shall consider each of the following methods for reducing the impact of the proposed rule on small businesses, small counties, and small cities, or any combination of these entities:

(I) Establishing less stringent compliance or reporting requirements in the rule.

b.(I)c.(I)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.,b. the agency 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.

(II)a., Eachthe agency must shall adoptsend thosewritten regulatorynotice alternativesof Pagethe 20rule to the rules ombudsman in the Executive Office of 54the CODING:Governor at least 28 days before the intended action.

(II) Each agency shall adopt those regulatory alternatives offered by the rules ombudsman in the Executive Office of the Governor and provided to the agency no later than 21 days after the rules ombudsman's receipt of the written notice of the rule which it finds are feasible and consistent with the stated objectives of the proposed rule and which would reduce the impact on small businesses.

When regulatory alternatives are offered by the rules ombudsman in the Executive Office of the Governor, the 90-day period for filing the rule in subparagraph Page 22 of 66 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 offered(e)2. by the rules ombudsman in the Executive Office of the Governor and provided to the agency no later than 21 days after the rules ombudsman's receipt of the written notice of the rule which it finds are feasible and consistent with the stated objectives of the proposed rule and which would reduce the impact on small businesses.

When regulatory alternatives are offered by the rules ombudsman in the Executive Office of the Governor, the 90-day period for filing the rule in subparagraph (e)2.

AnThe agency shall provide notice to the committee a copy of any regulatory alternative offered to the agency withinpursuant 7to daysthis aftersub-subparagraph itsat deliveryleast to21 days before filing the agency.proposed rule for adoption.

The agency may not file a rule for adoption before such regulatory alternative, if applicable, has been provided to the committee.

(c) Hearings.— 1.

If the intended action concerns any rule other than one relating exclusively to procedure or practice, the agency must shall, on the request of any affected person received within 21 days after the date of publication of the notice of intended agency action, give affected persons an opportunity to present evidence and argument on all issues under consideration.

The agency may schedule a public hearing on the proposed rule and, if requested by any affected person, must shall schedule a public hearing on the proposed rule.

When a public hearing is held, the agency must ensure that the persons responsible for preparing the proposed rule and the statement of estimated regulatory costs staff are in attendance available to explain Page 23 of 66 CODING:

Words stricken are deletions;

words underlined are additions.

hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2025 the agency's proposal and to respond to questions or comments regarding the proposed rule, the statement of estimated regulatory costs, and the agency's decision on whether to adopt a lower cost regulatory alternative submitted pursuant to s.

120.541(1)(a).

If the agency head is a board or other collegial body created under s.

20.165(4) or s.

20.43(3)(g), and one or more requested public hearings is scheduled, the board or other collegial body must shall conduct at least one of the public hearings itself and may not delegate this responsibility without the consent of those persons requesting the public hearing.

Any material pertinent to the issues under consideration submitted to the agency within 21 days after the date of publication of the notice or submitted to the agency between the date of publication of the notice and the end of the final public hearing must shall be considered by the agency and made a part of the record of the rulemaking proceeding.

2.

Rulemaking proceedings are shall be governed solely by the provisions of this section unless a person timely asserts that the person's substantial interests will be affected in the proceeding and affirmatively demonstrates to the agency that the proceeding does not provide adequate opportunity to protect those interests.

If the agency determines that the rulemaking proceeding is not adequate to protect the person's interests, it must shall suspend the rulemaking proceeding and convene a separate proceeding under the provisions of ss.

120.569 and Page 24 of 66 CODING:

Words stricken are deletions;

words underlined are additions.

hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2025 120.57.

The agency shall publish in the Florida Administrative Register a notice of convening a separate proceeding.

Similarly situated persons may be requested to join and participate in the separate proceeding.

Upon conclusion of the separate proceeding, the rulemaking proceeding shall be resumed.

All timelines in this section are tolled during any suspension of the rulemaking proceeding under this subparagraph, beginning on the date the notice of convening a separate proceeding is published, and the timelines shall resume the day after conclusion of the separate proceedings, notice of which must be provided to the committee.

After the final public hearing on the proposed rule, or after the time for requesting a hearing has expired, if the Pageproposed 21rule ofhas 54not CODING:been changed from the proposed rule as previously filed with the committee, or contains only technical changes, the adopting agency 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 Page 25 of 66 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 proposedobjection ruleby has not been changed from the rulecommittee. 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.

The agency shall file the notice of change with the committee, along with the reasons for the change, and provide the notice of change to persons requesting it, at least 21 days before prior to filing the proposed rule for adoption.

The notice of change must shall be published in Pagethe 22Florida ofAdministrative 54Register CODING:at least 21 days before prior to filing the proposed rule for adoption.

WordsThe strickennotice areof deletions;change must include a summary of any revision of the statement of estimated regulatory costs required by s.

words underlined are additions.

hb433-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 433 2025 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.

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.

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

After the notice required by paragraph (a) and before priorPage to26 adoption,of the66 agencyCODING: may withdraw the proposed rule in whole or in part.

Words stricken are deletions;

words underlined are additions.

hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2025 prior to adoption, the agency may withdraw the proposed rule in whole or in part.

Within4. 30 days after the withdrawal, the agency must initiate rulemaking again by Page 23 of 54 CODING:

Words stricken are deletions;

words underlined are additions.

hb433-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 433 2025 publishing the notice required by s.

120.54(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.

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 rulePage must27 mayof be66 withdrawn,CODING: and within 90 days after adjournment sine die, the agency:

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

120.54(3)(a);

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

120.54(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 Page 24 of 54 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 ofrule themust originalmay rule'sbe withdrawalwithdrawn, butand maywithin not90 bedays modified;after adjournment sine die, the agency:

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

120.54(3)(a);

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

120.54(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;

in accordance with the requirements of that subparagraph, and must shall notify the Department of State if the rule is required to be filed with the Department of State.

If the adopting agency is required to publish its rules inPage the28 Florida Administrative Code, the agency, upon approval of the66 agencyCODING: head, must electronically shall file with the Department of State a three certified copy copies of the rule it proposes to adopt;

Words stricken are deletions;

words underlined are additions.

hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2025 in the Florida Administrative Code, the agency, upon approval of the agency head, must electronically shall file with the Department of State a three certified copy copies of the rule it proposes to adopt;

Agencies not required to publish their rules in the PageFlorida 25Administrative Code shall file one certified copy of 54the CODING:proposed rule, and the other material required by this subparagraph, in the office of the agency head, and such rules must shall be open to the public.

Words stricken are deletions;

words underlined are additions.

hb433-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 433 2025 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 must shall be open to the public.

120.541 has been provided to all persons who submitted a lower cost regulatory alternative and made available to the public,public at a readily accessible page on the agency's website, or until the administrative law judge has rendered a decision under s.

When a required notice of change is published before prior to the expiration of the time to file the rule for adoption, the period during which a rule must be filed for adoption is extended to 45 days after the date Page 29 of publication.66 CODING:

If notice of a public hearing is published before prior to the expiration of the time to file the rule for adoption, the period during which a rule must be filed for adoption is extended to 45 days after adjournment of the final hearing on the rule, 21 days after receipt of all material authorized to be submitted at the hearing, or 21 days after receipt of the transcript, if one is made, whichever is latest.

The term "public hearing" includes any public meeting held by any agency at which the rule is considered.

If a petition for an Page 26 of 54 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 administrativeof determinationpublication. under s.

If notice of a public hearing is published before prior to the expiration of the time to file the rule for adoption, the period during which a rule must be filed for adoption is extended to 45 days after adjournment of the final hearing on the rule, 21 days after receipt of all material authorized to be submitted at the hearing, or 21 days after receipt of the transcript, if one is made, whichever is latest.

The term "public hearing" includes any public meeting held by any agency at which the rule is considered.

If a petition for an administrative determination under s.

The departmentDepartment of State shall reject any rule that is not filed within the prescribed time limits;

that does not comply with all statutory rulemaking requirements andPage rules30 of the66 department;CODING:

Words stricken are deletions;

words underlined are additions.

hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2025 and rules of the Department of State;

If a rule has not been adopted within the time limits imposed by this paragraph or has not been adopted in compliance with all statutory rulemaking requirements, the agency proposing the rule must shall withdraw the proposed rule and give notice of its Pageaction 27in the next available issue of 54the CODING:Florida Administrative Register.

If the agency has not published notice of withdrawal of the rule during the 30 days after receiving notice from the committee that the agency has failed to withdraw the rule, the committee must notify the Department of State that the date for adoption of the rule has expired, and the Department of State must publish a notice of withdrawal of the rule.

6.

The proposed rule shall be adopted on being filed with the Department of State and becomes become effective 20 days after being filed, on a later date specified in the notice required by subparagraph (a)1., on a date required by statute, or upon ratification by the Legislature pursuant to s.

120.541(3).

Rules not required to be filed with the Department of State shall become effective when adopted by the agency head, on a later date specified by rule or statute, or upon Page 31 of 66 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 actionratification inby the nextLegislature availablepursuant issueto ofs. the Florida Administrative Register.

6.

The proposed rule is shall be adopted upon on being filed with the Department of State and becomes become effective 20 days after being filed, on a later date specified in the notice required by subparagraph (a)1., on a date required by statute, or upon ratification by the Legislature pursuant to s.

Rules not required to be filed with the Department of State shall become effective when adopted by the agency head, on a later date specified by rule or statute, or upon ratification by the Legislature pursuant to s.

120.541(3).

(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 Pagerules 28and offinds 54that CODING: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.

Words stricken are deletions;

words underlined are additions.

hb433-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 433 2025 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 takes only that action necessary to protect thePage public32 interestof under66 theCODING: emergency procedure.

Words stricken are deletions;

words underlined are additions.

hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2025 the public interest under the emergency procedure.

The agency's findings of immediate danger, necessity, and procedural Pagefairness 29are ofshall 54be CODING:judicially reviewable.

Words(c) strickenUnless areotherwise deletions;provided by law, an emergency rule may adopted under this subsection shall not be effective for a period longer than 90 days and is shall not be renewable, except when the agency has initiated rulemaking to adopt rules addressing the subject of the emergency rule and either:

words1. underlined are additions.

hb433-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 433 2025 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.

(c)1.

An emergency rule adopted under this subsection may shall not be effective for a period longer than 90 days and may shall not be renewable, except when the agency has initiated rulemaking to adopt rules addressing the subject of the emergency rule and either:

a.1.

or b.2.2.

If the proposed rule is notPage ratified33 during the next regular legislative session, the emergency rule shall expire at adjournment sine die of that66 regularCODING: legislative session.

Words stricken are deletions;

words underlined are additions.

hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2025 not ratified during the next regular legislative session, the emergency rule shall expire at adjournment sine die of that regular legislative session.

2.

(d)(e) NoticeEmergency ofrules the renewal of an emergency rule must be published in the Florida Administrative RegisterCode. before the Page 30 of 54 CODING:

(f) An agency may supersede an emergency rule currently in effect through adoption of another emergency rule.

The agency must state the reason for adopting the new rule, in accordance with the procedures set forth in paragraph (a), and the new rule must be in effect for the duration of the effective period of the superseded rule.

Technical changes to an emergency rule may be made within the first 7 days after adoption of the rule.

(g) Any notice of the renewal of an emergency rule must be published in the Florida Administrative Register before the expiration of the existing emergency rule.

The notice of renewal must state the specific facts and reasons for the renewal pursuant to paragraph (c).

(h) All emergency rules must be published in the Florida Administrative Code in the section of the code dealing with the agency.

Page 34 of 66 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 expiration(i) For emergency rules with an effective period longer 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.rule that is intended to supersede the existing rule and includes the date that the emergency rule was filed with the Department of State.

The(j) An emergency rule adopted under this subsection may be repealed by the adopting agency at any time while the rule is in effect by publishing a notice ofin renewalthe mustFlorida stateAdministrative Register citing the specificreason factsfor the repeal and reasonsthe foreffective suchdate renewal.of the repeal.

(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 intended to supersede the existing rule and includes the date that the emergency rule was filed with the Department of State.

(f) Emergency rules must be published in the Florida Administrative Code.

(g) An agency may supersede an emergency rule in effect through adoption of another emergency rule before the superseded rule expires.

The reason for adopting the superseding rule must be stated in accordance with the procedures set forth in paragraph (a).

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

(h) An agency may make technical changes to an emergency rule within the first 7 days after the rule is adopted, and such changes must be published in the Florida Administrative Register as a notice of correction.

(i)(d) 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 in the rule, if the adopting agency finds that such effective Page 31 of 54 CODING:

Words stricken are deletions;

words underlined are additions.

hb433-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 433 2025 date is necessary because of immediate danger to the public health, safety, or welfare.

(j) An agency may repeal an emergency rule before it expires by providing notice of its intended action in the Florida Administrative Register.

The notice must include the full text of the emergency rule and a summary thereof;

if applicable, a reference to the rule number;

and a short, plain explanation as to why the conditions specified in accordance with paragraph (a) no longer require the emergency rule.

The agency shall providefile to the committee a copy of the petition withinwith 7the dayscommittee. after its receipt.

No Not later than 30 calendar days after following the date of filing a petition, the agency shall initiate rulemaking proceedings under this chapter, otherwise comply with the requested action, or deny the petition with a written statement of its reasons for the denial.

TheSection agency3. shall notify the committee of its intended action or response within 7 days.

Section 4.120.541, Florida Statutes, is amended to read:

Subsections (1) and (3) of section 120.541, Florida Statutes, are amended, paragraph (d) is added to subsection (4), and new subsections (6) and (7) are added to Page 3235 of 5466 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 that120.541 section,Statement toof read:estimated regulatory costs.— (1)(a) Within 21 days after publication of the notice of a proposed rule or notice of change required under s.

120.541 Statement of estimated regulatory costs.— (1)(a) Within 21 days after publication of the notice required under s.

The agency shall provide a copy of any proposal for a lower cost regulatory alternative to the committee at least 21 days before filing the proposed rule for adoption.

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 believingbelieving, that the proposed rule,rule as changed by the notice of change,change increases the regulatory costs or creates an adverse impact on small businesses which was not created by the previouslyprevious proposed rule.

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 orproposal, providePage a36 statement of the66 reasonsCODING: for rejecting the alternative in favor of the proposed rule.

The agency shall provide to the committee, Page 33 of 54 CODING:

hb433-02-c2hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 433 2025 withinreject 7the daysalternative afterproposal, itsor receipt,modify athe copyproposed ofrule anyto proposalreduce forthe a lower cost regulatory alternative,costs. and within 7 days after its release, a copy of the agency's response thereto.

TheIf the agency mayrejects notthe filealternative aproposal ruleor formodifies adoptionthe beforeproposed suchrule, documents,the ifagency applicable,must haveor beenprovide provideda tostatement of the committee.reasons for rejecting the alternative in favor of the proposed rule.

(b) If a proposed rule will have an adverse impact on small business or if the proposed 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.

120.54(3)(b).

(b)(c) The agency must shall revise a statement of estimated regulatory costs if any change to the rule made under s.

120.54(3)(d) increases the regulatory costs of the rule or if the rule is modified in response to the submission of a lower cost regulatory alternative.

A summary of the revised statement must be included with any subsequent notice published under s.

120.54(3).

(c)(d) At least 21 days before filing the proposed rule for adoption, an agency that is required to revise a statement of estimated regulatory costs shall provide the statement to the person who submitted the lower cost regulatory alternative, to the rules ombudsman in the Executive Office of the Governor, and to the committee.

The revised statement must be published and made available in the same manner as the original statement of Page 37 of 66 CODING:

Words stricken are deletions;

words underlined are additions.

hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2025 estimated regulatory costs and shall provide notice on the agency's website that it is available to the public.

(d)(e) Notwithstanding s.

120.56(1)(c), the failure of the agency to prepare and publish a statement of estimated regulatory costs or to respond to a written lower cost regulatory alternative as provided in this subsection is a material failure to follow the applicable rulemaking procedures or requirements set forth in this chapter.

(e)(f) An agency's failure to prepare a statement of estimated regulatory costs or to respond to a written lower cost regulatory alternative may not be raised in a proceeding challenging the validity of a rule pursuant to s.

120.52(8)(a) unless:

1.

Raised in a petition filed no later than 1 year after the effective date of the rule;

and 2.

Raised by a person whose substantial interests are affected by the rule's regulatory costs.

(f)(g) A rule that is challenged pursuant to s.

120.52(8)(f) may not be declared invalid unless:

1.

The issue is raised in an administrative proceeding within 1 year after the effective date of the rule;

2.

The challenge is to the agency's rejection of a lower cost regulatory alternative offered under paragraph (a) or s.

120.54(3)(b)2.c.

s.

120.54(3)(b)2.b.;

and 3.

The substantial interests of the person challenging the Page 38 of 66 CODING:

Words stricken are deletions;

words underlined are additions.

hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2025 rule are materially affected by the rejection.

(2) A statement of estimated regulatory costs must shall include:

(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 this 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 implementation of the rule;

or 3.

Is likely to increase regulatory costs, including all any transactional costs and impacts estimated in the statement, 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, small businesses, and other 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 Page 39 of 66 CODING:

Words stricken are deletions;

words underlined are additions.

hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2025 implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues.

(d) A good faith estimate of the compliance 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 based upon standard business practices, and include 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) Any additional information that the agency determines may be useful.

(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 Page 40 of 66 CODING:

Words stricken are deletions;

words underlined are additions.

hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2025 favor of the proposed rule.

The agency shall notify the committee of its submission of the rule to the Legislature for ratification within 3 business days after submittal.

(a) Federal standards pursuant to s.

120.54(6).

(b) Triennial updates of and amendments to the Florida Building Code which are expressly authorized by s.

553.73.

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

633.202.

(6)(a)(5) InFor evaluatingpurposes theof impactssubsections described(2) inand paragraphs(3), (2)(a)adverse impacts and (e),regulatory ancosts agencylikely shallto occur within 5 years after implementation of the rule include marketadverse impacts likelyand regulatory costs estimated to resultoccur fromwithin compliance5 withyears after the proposedeffective rule,date including:of 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 Page 41 of 66 CODING:

Words stricken are deletions;

words underlined are additions.

hb433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2025 years after implementation of such provision.

(6)(a) In evaluating the impacts described in paragraphs (2)(a) and (e), an agency shall include good faith estimates of market impacts likely to result from compliance with the proposed rule, including:

The reasonable value of time to be spent by owners, Pageofficers, 34operators, ofand 54managers CODING:to understand and comply with the proposed rule, including, but not limited to, time to be spent completing required education, training, or testing.

Words stricken are deletions;