SB 1626 Summary

• Requires agencies to establish rulemaking workshop schedules within 30 days after initiating rulemaking following a petition, and prohibits reliance on unadopted rules until proper rules are adopted.

• Expands publication requirements in the Florida Administrative Register to include notices of rule development, listings of recently filed rules, and pending rules awaiting legislative ratification.

• Shifts burden of proof in rule challenges so petitioner has initial burden of going forward, then agency must prove the rule is valid; prohibits administrative law judges from bifurcating petitions that challenge both agency action and alleged unadopted rules.

• Authorizes parties to submit statements to agencies describing how rules apply to specific facts, requiring agency response within 60 days; allows administrative law judges to award attorney fees if agencies improperly deny declaratory statement requests.

• Establishes $50,000 cap on attorney fees awards in rule challenges, requires petitioners to provide 5-30 day advance notice before filing challenges to be eligible for fee recovery, and requires agencies to certify minor violation rules by June 30, 2015.