CS for SB 718 - Administrative Procedures Summary

• Requires agencies initiating rulemaking after public hearings to publish notice of rule development within 30 days and file proposed rule within 180 days, or publish explanation for delay; prohibits reliance on unadopted rules unless agency explains why formal rulemaking is infeasible.

• Expands Florida Administrative Register to include lists of rules filed for adoption in previous 7 days and rules pending legislative ratification; requires agencies with e-mail notification services to notify recipients of rulemaking activities with links to proposed and final rules.

• Establishes burden of proof for challenging rules: petitioner must present sufficient evidence, then agency must prove by preponderance that proposed rule is valid or unadopted statement does not meet rule definition.

• Allows parties to challenge invalid rules or unadopted rules as defenses in agency proceedings under section 120.57; requires agency to notify within 15 days whether it will rely on challenged rule; administrative law judge may issue separate final order on rule validity that agency cannot reject.

• Requires all agencies to review and certify by June 30, 2016 which rules constitute minor violations; agencies must publish designations on websites and designate minor violation status for all newly adopted rules.