Rules committee advances overhaul of administrative rulemaking with 5‑year review and 90‑day action clock

Senate Rules Committee Chair Passadomo presided as the committee reported favorably on CS for SB 108, an administrative‑procedures bill sponsored by Senator Grahl that would require agencies to systematically review their rules over five years and to begin intended agency action within 90 days of the bill’s effective date.

The bill directs agencies to review 20% of their rules each year, determine whether each rule remains a valid exercise of delegated legislative authority, and take specified actions after review: no change, a technical change, a substantive change, or repeal. It also authorizes electronic filing with the Department of State, requires materials incorporated by reference to be made electronically available via hyperlink, and mandates clearer publication and history notes for rule changes.

Senator Grahl, the sponsor, told the committee the measure “promotes government accountability and efficiency by providing for a systemic review of all existing agency rules over 5 years.” He outlined requirements for regulatory plans and annual reports to the Legislature and said the bill allows agencies to repeal emergency rules by notice and explanation in the Florida Administrative Register.

The committee adopted a delete‑all amendment (barcode 345,014) that added requirements for incorporated materials to be provided in searchable electronic form, directed agencies to withdraw proposed rules not ratified by the Legislature within one regular session, and clarified when the administrative challenge in section 120.56 applies after agency review. Two amendments to that delete‑all were adopted on the floor: one clarifying that a rule is identified by the rule number assigned by the Department of State, and another requiring agencies to provide information about licensing timeframes required under the cited licensing provision.

Louise Saint Laurent, chair of the Administrative Law Section of The Florida Bar, testified during public comment and said the section’s principal concern was whether the 90‑day requirement to initiate intended agency action would allow enough time for agencies to prepare a notice of proposed rulemaking where a statement of estimated regulatory costs and expert assistance are required. She said the 90‑day period is workable if the statute contemplates a notice of rule development rather than a full notice of proposed rule.

Committee debate focused on ensuring agencies could not indefinitely delay rulemaking for definitions or other obligations delegates to agencies by statute. Senator Grahl said the bill requires intended agency action to begin within 90 days of the effective date to prevent agencies from sitting on delegated authority.

After roll call, the committee voted to report CS for SB 108 favorably. The committee record shows the delete‑all and its two amendments were adopted during the same hearing; the roll call on the committee substitute was read and the chair announced the bill was reported favorably.